6590-015 PSA for HDR Inc Contract-Executed
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Contract Value
Piggy Back Option
Contract Expiration
DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
6590-015 HDR Engineering, Inc.
Jody Word
$90,200
PSA
no
October 2018
Design Services for Sherman Rd & Carroll Blvd.
Request for City Manager Approval of Purchase
DATE: July 11, 2018 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Todd Estes 349-8917
CM: Todd Hileman
SUBJECT
Approve a Professional Services Agreement for the Small Intersection Improvement Project at
Sherman Road and Carroll Boulevard with HDR Engineering, Inc., for design services as set
forth in the agreement, and providing an effective date (6590-015-Professional Services
Agreement for Design Services awarded to HDR Engineering, Inc., in the not-to-exceed amount
of $90,200).
FILE INFORMATION
At the August 26, 2017, City Council Retreat, the City Council gave direction to Staff to develop
a short term plan that would make immediate traffic flow improvements within the City. As a
result, traffic engineering staff identified six intersection improvements that would address
citizen complaints, alleviate congestion, and improve safety. The intersections were identified
based on the amount of traffic congestion, the ease of design and implementation, and the
immediate and noticeable impact to drivers.
In the December 12, 2017 meeting, City Council approved funding for the six Small Traffic
Improvement Projects. The estimated cost of the projects is shown in the table below.
Project Short-Term Improvement
Colorado Blvd/Loop 288 Extend the eastbound left turn lane
Country Club Rd/Hickory
Creek Rd
Add a westbound right turn lane
US 77-Dallas Dr/Teasley Ln Add turn lanes, channelized islands
Bell Ave/McKinney St Add a northbound right turn lane
Carroll Blvd/Sherman Rd Add a northbound left turn lane and improve
the turning radius on the south-east corner
University Dr/Old North Rd Add left turn lanes (north-south)
Since, the City Council approval staff has worked on soliciting, reviewing, and shortlisting
qualified design firms suitable for these projects. Staff intends to engage the services of six
different design firms (one for each project) to expedite the design process and move the projects
on parallel tracks.
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For the Carroll Boulevard/Sherman Road project staff has selected HDR Engineering, Inc., who
was one of the top qualified firms for design of roads, intersections and traffic signals. The
proposed engineering contract for this project will be on an hourly basis with a not-to-exceed
amount of $90,200. Typical services will include the creation of construction plans for adding a
left turn lane and improving the approach alignment to better accommodate the dual right turn
movement in the northbound direction, and bid and construction phase support. Other services
included are design survey and subsurface utility engineering services.
The preliminary opinion of probable construction cost for the project is approximately $450,000.
These numbers will be verified as the design of the project progresses.
Request for Qualifications for professional engineering services were solicited using the City’s
formal solicitation process. City Council approved a pre-qualified list of engineering firms on
March 6, 2018 (Ordinance 2018-331).
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
On March 6, 2018, Council approved RFQ 6590 for a prequalified list of professional
engineering firms (Ordinance 2018-331).
HDR Engineering, Inc., is one of the qualified firms that submitted for the Design of Roadways,
Intersections and Bridges category and has been selected for the Carroll Boulevard/Sherman
Road intersection improvement project.
RECOMMENDATION
Staff recommends approval of the Professional Services Agreement between the City of Denton
and HDR Engineering, Inc., in the amount of $90,200 for engineering services associated with
the Carroll Boulevard/Sherman Road intersection improvement project.
BASIS FOR SELECTION
HDR Engineering, Inc., is an approved consulting firm under Contract #6590.
PRINCIPAL PLACE OF BUSINESS
HDR Engineering, Inc.
Dallas, Texas
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Agreement immediately
with the goal of completing design by October 2018. Construction is anticipated to follow the
completion of design phase.
CONTRACT ADMINISTRATOR
Todd Estes, P.E. – City Engineer
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FISCAL INFORMATION
This project will be funded from Capital Improvement Plan Engineering account project number
369997467.1360.20100. Requisition# 138385 has been entered in the Purchasing software
system. This amount will be allocated to each project based on the estimated cost for each
individual project which is the probable cost. The total budget allocated for the six small
transportation projects is $2,120,000.
EXHIBIT
Exhibit 1: Contract
Requested by:
Name: Pritam Deshmukh
Phone: 349-7710
Requisition # 138385
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
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7/17/2018
Page 1
Contract 6590-015
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
FILE 6590-015
THIS AGREEMENT is made and entered into on ____________________________, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “Owner” and HDR
Engineering, Inc., with an office at 17111 Preston Road, Suite 300, Dallas, TX 75248, hereinafter
called “Design Professional,” acting herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Scope of Services, the General Conditions, and other attachments to this
Agreement that are referenced in Section 5, in connection with the Project. The Project shall include,
without limitation, final design plans for improvements at the intersection of Carroll Boulevard at West
Sherman Drive in the City of Denton as described in Exhibit 3, attached hereto and incorporated
herein for all purposes (the “Project”).
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall not exceed $90,200.
2.1.2 Progress payments for Basic Services shall be paid in the amounts as described in Exhibit 3
and Exhibit 4, attached hereto and incorporated herein for all purposes, as compensation for the
Scope of Services as performed or incurred by the Design Professional.
2.2 SERVICES FOR THIS CONTRACT:
The Design Professional shall perform all those services as necessary and as described in the Exhibit 3
and Exhibit 4, which includes the following:
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Contract 6590-015
Roadway Design
Signal Design
Design Survey
ROW Parcel Description Documents
SECTION 3
INVOICES
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney
St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as
identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice. Invoices must be fully documented as to
labor, materials, and equipment provided, if applicable, and must reference the City of Denton
Purchase Order Number in order to be processed. No payments shall be made on invoices not
listing a Purchase Order Number.
SECTION 4
CONTRACT TERM
The contract term shall become effective from date of award or notice to proceed as determined by the
City of Denton Purchasing Department. The contract shall remain effective until completion and
acceptance of the design project by an authorized representative of the Owner by October 2018.
SECTION 5
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
Exhibit 1-City of Denton General Conditions to Agreement for Architectural or Engineering Services.
Exhibit 2-Project Map
Exhibit 3-Scope of Service
Exhibit 4-Cost Estimate-2018
Exhibit 5–House Bill 89 – Government Code 2270 Verification Form
Exhibit 6-Senate Bill 252 – Government Code 2252 Certification Form
Exhibit 7-Certificate of Interest Questionnaire
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.
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Contract 6590-015
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY: __________________________
TODD HILEMAN
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
DESIGN FIRM: HDR ENGINEERING, INC.
BY: __________________________
Firm’s Officer/Representative
(Signature)
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Exhibit 1
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the “Agreement”) and Scope of Services (the “Scope”) to which
these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the “Design Professional”) or Design Professional's employees and
consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Scope (collectively, the “Services”).
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the “Degree of Care”). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional’s Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall reasonably assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement
forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general market conditions.
2.4.4 The Design Professional shall reasonably assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the Project.
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2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall reasonably assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project
including, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, , will revise the Construction Documents as may be required by
the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in
the approved Detailed Statement of Probable Construction Costs. To the extent such revisions are due to Design Professional’s failure to meet the above Degree of
Care or are due to causes within the Design Professional’s reasonable control such revisions shall be provided at no additional cost. To the extent such revisions are
due to causes outside of the Design Professional’s reasonable control such revisions shall be provided as an additional service herein.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design professionals the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
time to time during the correction, or warranty period of the Construction Contractor described in the Contract for Construction. The Design Professional shall have
authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.6.5 The Design Professional shall observe the construction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become generally familiar with the progress and quality of the work completed and to determine if the work is being performed in a
manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report
subsequent to each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work,
and shall exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of
Contractor or any subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design
Professional shall promptly correct any defective designs or specifications furnished by the Design Professional. To the extent such revisions are due to Design
Professional’s failure to meet the above Degree of Care or are due to causes within the Design Professional’s reasonable control such revisions shall be provided at no
additional cost. To the extent such revisions are due to causes outside of the Design Professional’s reasonable control such revisions shall be provided as an additional
service herein . The Owner's approval, acceptance, use of or payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in
no way alter the Design Professional's obligations or the Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work. The Design Professional shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions. The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and recommend the amounts due the Contractor.
2.6.10 The Design Professional's recommendations for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the
site as provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Contract Documents
correctable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Recommendation of Certificate for Payment
shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Recommendation of Certificate
for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2)
ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional
considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require additional
inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or
responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing
portions of the work.
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2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
completed, will be in compliance with the requirements of the Contract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the Contract Documents. The Design Professional's review shall not constitute approval of safety precautions
or, of construction means, methods, techniques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the
Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
caused by the defective designs the Design Professional prepares due to its failure to meet the Degree of Care; and (3) by acknowledging payment by the Owner of
any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Scope, and they shall be paid for by the
Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if
authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's reasonable control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it
receives written approval from the Owner to proceed. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the
Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional
Services only if they are not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except
for services required under Subsection 2.5.2.
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3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
3.3.9 Services that are required due to causes outside of the Design Professional’s reasonable control .
3.3.9 Notwithstanding anything contained in the Agreement, Scope or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related
equipment.
3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data furnished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Scope or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.4.18.
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ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement or to which to Design Professional does not agree.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for market conditions at the time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
financing or other costs which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or market conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
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5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service shall become
the property of the Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain copies of all such documents. Such documents are
intended only be applicable to this Project, and Owner’s use of such documents in other projects shall be at Owner’s sole risk and expense. In the event the Owner uses any of
the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design Professional is
released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to the Design Professional. As a condition precedent of termination for cause the Design Professional shall be given the opportunity to cure such cause
within the notice period and shall have failed to do so. All work and labor being performed under the Agreement shall cease immediately upon Design Professional’s receipt of
such notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it performed prior to the date of such termination. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner, the Design Professional shall be compensated for services performed prior to notice of such suspension. When the Project is
resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's
services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate the Agreement by giving written
notice.
7.4 Failure of the Owner to make payments to the Design Professional for work properly completed in accordance with the Agreement shall be considered substantial non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly performed, the Design Professional may,
upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
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8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Professional's compensation on account of penalty, damages or other sums withheld from
payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and
copying during regular business hours for three years after the date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever date is
later.
ARTICLE 9 INDEMNITY
9.1 THE DESIGN PROFESSIONAL SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, AGENTS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT
NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE OWNER, AND INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OF THE DESIGN PROFESSIONAL OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE
PERFORMANCE OF THE AGREEMENT.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties’ defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Commercial General Liability Insurance with bodily injury limits of $1,000,000 for each occurrence and $2,000,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of $500,000 for each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
10.3 Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of $100,000 for each accident
including occupational disease.
10.4 Professional Liability Insurance with limits of $1,000,000 per claim and in the annual aggregate.
10.5 The Design Professional shall furnish insurance certificates to the Owner evidencing insurance in compliance with this Article 10 at the time of the execution of
the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers’ Compensation policy
shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without
thirty (30) days’ prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or
cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The term Agreement as used herein includes the executed Agreement, the Scope, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Scope, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably
possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized, such
documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Scope
3. These General Provisions
4. The Scope of Services
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11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional’s promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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EXHIBIT 2
• I £?"'" ' ~\f... l "
ROW take
We don't need the
southbound paving, just
the curb of the median
Capture this curb line
Go to the asphalt/concrete
joint
Go to/include the yellow
stripe
190'
160'65'230'DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
EXHIBIT A
SCOPE OF SERVICES
Project Name: Carroll Boulevard at W Sherman Drive Intersection Improvements
Project Manager: Kristal Buster, (972) 960-4482
This scope of services is submitted to prepare final design plans for improvements at the intersection of
Carroll Boulevard at W Sherman Drive intersection located in Denton, Texas. The improvements
requested by the City are:
1. Realign northbound Carroll Blvd dual right turn lanes:
Provide sufficient turning movement room for two SU vehicles to turn side-by-side, by
widening the existing paving at/near the southeast intersection corner. It is assumed that
larger vehicles may occupy the two turn lanes available or will turn only from the inside
lane.
The northernmost driveway access to the Ekon Gas Station will be closed.
Relocate signal pole as needed.
The proposed sidewalk on eastbound W Sherman Dr will be moved to be adjacent to the
back of curb as needed to accommodate the construction.
2. Add a second left turn lane to northbound Carroll Blvd:
Widen to the inside of existing paving into the center median. Length of proposed lane
will not exceed the length of the existing grassed median (approximately 180’). Provide
sufficient turning movement room for two SU vehicles to turn side-by-side. It is assumed
that larger vehicles may occupy the two turn lanes available or will turn only from the
inside lane.
Evaluate WB-62 truck turning movement and cut back curb on southwest intersection
corner as needed to provide access to commercial driveway to the west without
relocating signal pole & other utilities.
3. Reconstruct existing pedestrian ramps on all four corners of the intersection to be directional
without relocating existing surface utilities (signals, electrical boxes, fire hydrants, etc). Locate
new or relocated ped poles.
4. Modify existing signals to provide flashing yellow arrow signal heads. Evaluate/revise existing
signal head location and mast arm length. It is assumed that the existing signal controller system
can accommodate the proposed phasing.
5. Remove & replace striping in the intersection to accommodate new lane configurations and
pedestrian ramp locations.
City of Denton will provide existing utilities (water, sewer, signal electrical/ITS) per the City’s GIS and as-
built record information. HDR will not be responsible for any missing information in the files provided by
EXHIBIT 3
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the City. Only surface utilities locatable via normal topographic survey will be identified as a part of this
scope. HDR will not be doing SUE work as part of this scope of services.as part of this Scope of Services.
Any changes to the assumed Scope of Services may result in increased project costs. Our scope is as
detailed below.
I Roadway Design. Roadway design will involve the following tasks to prepare final design plans for
the intersection.
Coordinate with OWNER and project team to obtain necessary information, confirm Scope of
Work, establish project schedule, and provide updates on project progress.
Obtain existing utility plans (electronic & GIS) and as-built data from the City for the proposed
intersection for up to 200 feet in each direction at the intersection. HDR will not be responsible
for any missing information in the files provided by the City.
Conduct a field review to note and verify physical constraints, utility placement, existing nearby
traffic signal equipment, and any other details necessary for plan preparation.
Prepare draft set of plans (90% Submittal), quantity estimates, and cost estimates for the
proposed improvements. Draft plans will include complete roadway plan set for the intersection,
including:
o General notes
o Typical sections
o Removal plans
o Paving plans
o Traffic Control & Erosion Control plans
o Pavement Markings and Signs
o Cross sections
o Applicable standard details
The plans will be prepared according to City of Denton standards.
Submit draft set of plans to the City for review.
Meet with the City to discuss draft submittal comments. One (1) meeting is assumed for budget
purposes.
Prepare final set of plans (100% Signed/Sealed Submittal) that addresses comments from the
City. The final submittal will include one hard copy and one electronic copy.
II Signal Design. Signal design will involve the following tasks to prepare signal modification plans for
the intersection.
Obtain plans (electronic) from the City for the including existing topographical data, ROW,
drainage area, trees, signs, poles, utilities, etc. for up to 200 feet in each direction at the
intersections.
EXHIBIT 3
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Conduct a field review to note and verify physical constraints, power connection, utility placement,
existing nearby traffic signal equipment, and any other details necessary for plan preparation.
Prepare draft set of plans (90% Submittal), for the proposed improvements. Draft plans will
include signal relocation plan set for the intersection, including signal pole relocation and
proposed signal head location/details, and pedestrian pole locations and details. The plans will
be prepared according to City of Denton standards, then TxDOT standards.
Signal plans will be submitted with the Roadway plans to the City for review.
Meet with the City to discuss draft submittal comments. One (1) meeting is assumed for budget
purposes.
Prepare final set of plans (100% Signed/Sealed Submittal) that addresses comments from the
City. Signal plans will be submitted with the Roadway plans to the City.
This estimate does not include provision of a boring profile.
It should be noted that the above scope does NOT include bid and construction services. These
will be provided under a separate contract, if required by the City.
III Design Survey. Design Survey will involve the following tasks to provide topographic survey
(horizontal and vertical) in order to prepare final design plans for the intersection.
Topographic survey on Carroll Blvd: 230’ south to 65’ north of the center of the intersection
including curb-to-curb of the grass raised median. The southbound side of Carroll Blvd south of
the intersection will not be included.
Topographic survey on W Sherman Dr: 160’ west to 190’ east of the center of the intersection
It should be noted that the above scope does NOT include Construction Control Survey or
Subsurface Utility Engineering (SUE) services. These will be provided under a separate contract,
if required by the City.
IV ROW Parcel Description Documents. ROW Parcel Documents will involve the following tasks to
prepare the proposed ROW parcel and/or easement descriptions for the City to acquire ROW and/or
easements for the construction of the intersection.
Locate ROW and property lines within the project limits
Prepare a preliminary list of right-of-way parcels and easements necessary to construct the
project (if any). Submit to the City of Denton as soon as possible and prior to the preliminary plan
submittal.
Provide 3 copies of each Metes & Bounds document with exhibit.
Fee proposal assumes one (1) easement document at $1,800/parcel.
Fee proposal assumes one (1) Right-of-Way taking document at $2,200/parcel.
EXHIBIT 3
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HDR will document additional parcel documents required and obtain prior approval from the
OWNER before completing any additional tasks beyond the approved Scope of Services.
Additional parcel documents required will be prepared according to the per-document-rate listed
above.
It should be noted that the above scope does NOT include ROW acquisition services. These will
be provided under a separate contract, if required by the City.
V Additional Services Beyond the Scope of Services. Additional work may include additional Design
Survey, SUE, Bid Services and/or Construction Phase services, and design of new signal controller if
required by the OWNER. HDR will document additional work requests from the OWNER and obtain
prior approval before completing any additional tasks beyond the approved Scope of Services. This
stage will be handled under a separate contract.
EXHIBIT 3
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EXHIBIT B
Hourly Billable Rates by Position
Position Hourly Rate
Principal/Vice President $300.00
Project Manager $250.00
Senior Traffic Engineer $200.00
Project Engineer/Traffic $150.00
Engineer $100.00
Traffic EIT $90.00
CAD Tech $90.00
Clerical / Administrative $85.00
Carroll/Sherman Intersection Improvements – The fee for the scope of services as
described in Exhibit A will be on a hourly basis with a not to exceed budget of ninety
thousand two hundred dollars ($90,200).
EXHIBIT 3
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Carroll Boulevard at W Sherman Drive Intersection ImprovementsManhour / Fee Estimate - HDR$300.00$250.00$150.00$100.00$90.00$85.00IRoadway DesignaMeetings and Coordination (2 meetings assumed)44614$2,110bData Collection & GIS Processing246820$2,420cConduct Field Visit2226$980dSpecifications4812$2,200eGeneral Notes & Typical Sections2121630$3,740fRemoval Plans2121630$3,740gPaving Plans & Details4326096$11,200hTraffic Control & Erosion Control Plans2326094$10,700iPavement Markings & Signs (excluding signs mounted on signal poles)2164058$6,500jCross Sections2161028$3,800kStandard details24814$1,820lSummary of Quantities28818$2,420mQA/QC review2020$5,000nCost Estimate42024$4,000SUBTOTAL$60,630IISignal designaMeetings and Coordination (2 meetings assumed)44213$1,570bConduct Field Visit24410$1,260cCoordination with Electrical Service Provider24410$1,260dSpecifications24410$1,260eGeneral Notes24814$1,620fProposed Signal Layout241521$2,250gConduit and Conductor Schedule241420$2,160hSigning and Phase Sequence Diagram24814$1,620iTraffic Signal Foundation Detail Sheets24814$1,620jSummary of Quantities24814$1,620kQA/QC review2810$1,700lCost Estimate4610$940SUBTOTAL$18,880IIIDesign Survey (totaled under Direct Expense)$6,300IVROW Parcel Documents (totaled under Direct Expense)$4,000TOTAL078178503078624$79,510TOTAL COSTS-$ 19,500.00$ 26,700.00$ 5,000.00$ 27,630.00$ 680.00$ 79,510.00$ TOTAL(Per Task)TASKDESCRIPTIONProject PrincipalTOTALProject Manager Project EngineerRoadway/Traffic EngineerEITADMINHDR Inc. EXHIBIT 4DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
Carroll Boulevard at W Sherman Drive Intersection ImprovementsManhour / Fee Estimate - HDRDirect CostContract RateUnitQuantityAmountStandard Postage0.49Each-$0.00Meals$20 Each-$0.00Toll Charges$4.00Each-$0.00Mylar Plots (11"x17")$2.00Sheet-$0.00Large format printing$2.00SF50$100.008 1/2"x11" B/W Paper Copies$0.10Sheet50$5.008 1/2'x11' Color Paper Copies$0.50Sheet50$25.00Photocopies B/W (11"x17")$0.20Sheet210$42.00Photocopies Color (11"x17")$1.00Each50$50.00Roadway Tube (per counter/24 Hours)$130.00each/day-$0.00Mileage - Meetings,Field Visits & Travel Time Runs etc.$0.560Per Mile300$168.000SUB-TOTAL DIRECT COST$390.00SUB-TOTAL DIRECT COST (SUB-CONSULTANTS)$10,300.00SUB-TOTAL LABOR$79,510.00TOTAL COST$90,200.00DIRECT EXPENSESHDR Inc. EXHIBIT 4DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
Exhibit
House Bill 89 - Government Code 2270
VERIFICATION
I, _______________________________________________, the undersigned
representative of ______________________________Company or Business name
(hereafter referred to as company), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pursuant to Section 2270.001, Texas Government Code:
1. “Boycott Israel” means refusing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business
purposes; and
2. “Company” means a for-profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate of those entities or business associations that exist to make a profit.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
5
Ramon Miguez
Ramon Miguez
7/17/2018
HDR Engineering, Inc
Exhibit
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, ______________________________________________, the undersigned
representative of ________________________________________________
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton’s Materials
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: B2B5F36C-5DD2-4190-822B-041DC3858BBC
6
HDR Engineering, Inc
Ramon Miguez
Ramon Miguez
7/17/2018
Certificate Of Completion
Envelope Id: B2B5F36C5DD24190822B041DC3858BBC Status: Completed
Subject: ****City Manager Approval ******Docusign Item 6590-015 (HDR, Inc.)
Source Envelope:
Document Pages: 25 Signatures: 8 Envelope Originator:
Certificate Pages: 6 Initials: 0 Jody Word
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
901B Texas Street
Denton, TX 76209
jody.word@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
7/13/2018 12:16:51 PM
Holder: Jody Word
jody.word@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Jody Word
jody.word@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 7/13/2018 12:23:31 PM
Viewed: 7/13/2018 12:23:37 PM
Signed: 7/13/2018 12:25:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/13/2018 12:25:54 PM
Viewed: 7/13/2018 1:16:02 PM
Signed: 7/13/2018 1:17:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ramon Miguez
Ramon.Miguez@hdrinc.com
Ramon F. Miguez
HDR Engineering, Inc
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.168.243.252
Sent: 7/13/2018 1:17:22 PM
Resent: 7/17/2018 8:03:22 AM
Resent: 7/17/2018 8:43:54 AM
Viewed: 7/17/2018 8:48:28 AM
Signed: 7/17/2018 9:23:15 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Larry Collister
larry.collister@cityofdenton.com
First Assistant City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/17/2018 9:23:18 AM
Viewed: 7/17/2018 1:02:57 PM
Signed: 7/17/2018 1:04:37 PM
Electronic Record and Signature Disclosure:
Accepted: 9/26/2017 12:27:28 PM
ID: 01f5f868-f109-4e29-ad49-21db9046c882
Signer Events Signature Timestamp
Todd Hileman
todd.hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 7/17/2018 1:04:39 PM
Viewed: 7/17/2018 1:11:48 PM
Signed: 7/17/2018 1:11:58 PM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Using IP Address: 129.120.6.150
Sent: 7/18/2018 1:57:16 PM
Viewed: 7/19/2018 7:39:51 AM
Signed: 7/19/2018 7:40:07 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2018 9:23:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:40:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Walters
jennifer.walters@cityofdenton.com
City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/17/2018 1:12:00 PM
Resent: 7/19/2018 7:40:10 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pritam Deshmukh
Pritam.Deshmukh@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:40:10 AM
Carbon Copy Events Status Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:40:11 AM
Viewed: 7/19/2018 7:49:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Karan Khosla
Karan.Khosla@hdrinc.com
Security Level: Email, Account Authentication
(None)
Sent: 7/19/2018 7:40:12 AM
Viewed: 7/19/2018 7:46:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/19/2018 7:40:12 AM
Certified Delivered Security Checked 7/19/2018 7:40:12 AM
Signing Complete Security Checked 7/19/2018 7:40:12 AM
Completed Security Checked 7/19/2018 7:40:12 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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.
Electronic Record and Signature Disclosure created on: 7/21/2017 1:59:03 PM
Parties agreed to: Larry Collister, Todd Hileman
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: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** 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.