21-421ORDINANCE NO 21-42 1
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KmiLEY-HORN AND
ASSOCIATES, INC., FOR THE TEXAS WOMAN’S UNIVERSITY (TWU) AREA CAPITAL
PROJECTS PROGRAM; BELL AVENUE TEMPORARY ROUNDABOUTS – PHASE 1 FOR
CAPITAL PROJECTS-ENGUqEERING DEPARTMENT, AS SET FORTH N THE CONTRACT;
PROVDDVG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDHVG AN
EFFECTIVE DATE (RFQ 6590-107 – PROFESSIONAL SERVICES AGREEMENT FOR
ENGiNEERnqG SERVICES AWARDED TO KIN4LEY-HORN AND ASSOCLATES, INC., IN
THE NOT-TO-EXCEED AMOUNT OF $109,700.00).
WHEREAS, on March 6, 2018 and June 5, 2018, the City Council approved a pre-qualified
engineer list (Ordinance 2018-331) and the professional services provider (the “Provider”),
mentioned in this ordinance is being selected as the most highly qualified on the basis of its
demonstrated competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAHqS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with to Kimley-Horn and Associates, Inc., to provide professional engineering services
for the City of Denton, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,p t, ,pp„„, thi, „di„,.„ w„ m,d, by :Seac Da LJ 1 S and
seconded by Pad f M( I+ ze f , the ord by
the following vote [ I - DJ:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, DistrIct 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the a3' a day of fY\MCb 2021
, MAYOR
trIll it IIe
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton, dc=codad,
ou=Department Users and Groups,
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7rb-aT=M=mBmTrT@aBaae–rTi3n.com
Date: 2021.02.19 13:58:18 {>6'CXy
I
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
DENTON
Docusign City Council Transmittal Coversheet
6590-107
File Name Be11 Ave Twu Mini Roundabouts-Phase 1
PurchasingContact c orj p ov"r
City C,,„iIT„g,t Dat, M ;“h 23’ 2021
p11cab1 ePiggy Back Option
Contract Expiration
Ordinance
PSA
Not AP
N/A
21-421
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Kimley-Horn and Associates, Inc., with its corporate office at 421
Fayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in Texas,
(’'ENGINEER'’), for a PROJECT generally described as: Bell Avenue TWU Mini
Roundabouts – Phase 1 (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $109,700.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment D.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
City of Denton, Texas
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment D to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) in the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) if the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
Amendments to Section 4, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY’s professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
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(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) in soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
City of Denton, Texas
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Revised Date: 9/6/1 8
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(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) in providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
City of Denton, Texas
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the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
1.Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such suk)consultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
City of Denton, Texas
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Revised Date: 9/6/1 8
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a.Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location .
1.The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
11.ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
I ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’Compensation –ENGINEER shall maintain workers
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compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
1.ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d.Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution .
b.Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
City of Denton, Texas
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Revised Date: 9/6/18
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f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g.Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k.Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
1.The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage ,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
City of Denton, Texas
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Revised Date: 9/6/1 8
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K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation .
(2) if asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment D to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
City of Denton, Texas
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shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
Amendments to Section 5, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER’s studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment D.
E. Prompt Notice
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The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
City of Denton, Texas
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the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
Amendments to Section 6, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/1 8
Page 12 of 18
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1 ) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction .
(2) if this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 18
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE. INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
1.Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS. AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION.
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/1 8
Page 14 of 18
Do(,uSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By sIgning this
AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel durIng the term of the AGREEMENt Failure to meet or maintain
the requirements under this provision will be considered a material breach
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreIgn terrorIst organization . Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
City of Denton. Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 18
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Engineer submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission .
Engineer will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1.
2
3
4
5
6.
Log onto the State Ethics Commission Website at :
https://www .ethics.state.tx.us/whatsnew/elf_info_form1 295.htm
Register utilizing the tutorial provided by the State
Print a copy of the completed Form 1295
Enter the Certificate Number on page 2 of this contract.
Complete and sign the Form 1295
Email the form to purchasing@cityofdenton.com with the contract number
subject line. (EX: Contract 1234 – Form 1295)
in the
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
O. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Engineer shall complete and submit the City’s
Conflict of Interest Questionnaire.
P. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/1 8
Page 16 of 18
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
ENGINEER CITY OF DENTON, TEXAS
DocuSigned by:'DocuSlgned by:
I SA,K H%+&
'5236DB296270423.
BY:h+-”
'WPRHH) siGNATURE
BY:
SARA HENSLEY, INTERIM CITY MANAGER
Printed Name. Scott R. Arno1 d
Title. vice Presldent
ATTEST:
ROSA RIOS. CITY SECRETARY
DocuSlgned by:
BY: I R@4R£H817-335-6511
PHONE NUMBER , IC5CA8C5EI 75493
Scott . arno1 d@ki m1 ey-horn . com
EMAIL ADDRESS APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY2021–718096
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER BY: [ A;U,„A
B
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 18
DacuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
Rebecca Di vi ney
PRINTED NAME
Di rector of Capita1 Projects/Clty Engineer
TITLE
Caplta1 Projects-Engineering
DEPARTMENT
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18
Page 2 of 1 8
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
ATTACHMENT "A"
BELL AVENUE TWU MINI ROUNDABOUTS, PHASE 1
Scope of Services
PROJECT UNDERSTANDING
The CITY and Texas Woman’s University (TWU) are considering implementing
interim/temporary intersection improvements at College Street and at Chapel Drive along
Bell Avenue. A permanent mini roundabout is being considered at Texas Street and Bell
Avenue to the south.
The ENGINEER will develop a traffic capacity memorandum, safety prediction model, and
conceptual horizontal geometry layouts for mini roundabout applications at each of the three
intersections. Up to two (2) alternative intersection treatments will be prepared by the
ENGINEER at the Chapel Drive and the College Street intersections for the CITY’s and
TWU’s consideration (i.e. U-Turns, raised intersection, etc.).
Based on feedback from the CITY and TWU regarding the conceptual horizontal geometric
layouts, the ENGINEER will develop construction drawings for the CITY-selected
improvements at College Street and at Chapel Drive as part of this agreement. The
ENGINEER, if requested by the City, will provide advertising, bidding, and construction
phase services as part of the temporary intersection installations.
SCOPE OF SERVICES
The ENGINEER will perform its services pursuant to the requirements delineated within this
scope of services. Services consist of the following major tasks:
•
•
•
•
•
•
•
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Task 7.
Project Management
Meetings
Data Collection
Conceptual Horizontal Geometry for Alternative Intersection Controls
College Street and Chapel Drive Temporary Intersection Final Plans
Bidding and Construction Phase Services
Implementation and Observations
TASK 1 : Project Management
Task 1.1 Monthly Status Report, Invoicing, and Schedule
The ENGINEER will provide monthly status report, invoices, and schedule updates.
Schedule will be prepared for design services only.
City of Denton, TexasAttachment A
Page 1 of 14
DocuStgn Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
Assumptions: it is assumed the project will last 4 months.
TASK 2: Meetings
Task 2.1 Kick-Off Meeting
The ENGINEER will prepare for and attend a kick-off meeting with the CITY to discuss:
•
•
•
•
data collection findings
horizontal layout of each mini-roundabout location
impacts to adjacent properties
TWU traffic and pedestrian activity, construction and road closures.
Task 2.2 On-Site Walk-through with CITY and TWU staff
The ENGINEER will attend an on-site walkthrough with CITY and TWU staff to discuss
project goals, constraints, concerns, and priority improvements. The ENGINEER will
observe traffic patterns, take field measurements, and take photographs/videos to document
the existing conditions of each intersection.
Task 2.3 Stakeholder Meetings
The ENGINEER will schedule and document coordination meetings with the project team
and any additional CITY department members. This task consists of up to three (3)
meetings.
It is anticipated that these meetings will consist of:
•One (1) collaboration meeting with TWU staff
•Two (2) design review meetings with CITY staff
Deliverables: Meeting agenda, exhibits or content material, notes
Assumptions: The ENGINEER will schedule, attend, and document a maximum of three
(3) stakeholder meetings.
Task 2.4 Public Meetings
The ENGINEER will attend, present the proposed improvements, and document up to one
(1) public meeting. Comments received at the public meeting and up to ten (10) days after
the public meeting will be compiled in an Excel spreadsheet. Responses will be provided by
the ENGINEER to each comment submitted and shared with the CITY for review and
distribution .
City of Denton, Texas
Attachment A
Page 2 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
The CITY will coordinate and schedule the time and location of the public meeting following
the completion of Task 4. The CITY will send out all public meeting notices and coordinate
the mailing list.
It is anticipated that this task will consist of:
•
•
One (1) public meeting
Open House format with Information Stations
o One HO-scale roll plot station
o One flyer/brochure station
o One video/handout station
o One comment response station
Deliverables: Presentation, sign-in sheet, exhibits, and meeting notes.
TASK 3: Data Collection
Task 3.1 Data Research
The ENGINEER will collect data to develop a base map, this information will be utilized to
analyze existing constraints and issues for the preparation of the conceptual intersection
designs.
• Aerial Photography – Sourced photography for the project corridor will be
collected from NearMaps.com.
• Available Record Drawings and Development Plans – The ENGINEER will collect
from the CITY any available record drawings (roadway, drainage, water, sewer,
etc.) within the project limits and any proposed adjacent development plans.
• Existing and Proposed Utility Information – The ENGINEER will collect from the
CITY existing and proposed water, storm, and sewer utility information for project
limits
Task 3.2 Topographic and Boundary Survey
The ENGINEER will prepare a topographic survey and right-of-way determination to be
used for civil engineering design purposes. The topographic survey is to be used in-house
and will not be issued as a stand-alone survey document.
• The intersection locations are Chapel Drive, College Street, and Texas Street.
The survey limits are shown in Figures 1 & 2
•The survey will consist of: the location of the right-of-way lines and adjoining
property lines with existing easements readily available in the public record (this
does not include an abstract of title); CITY benchmarks; improvements and
elevations; contour lines representing the surface of the existing ground at one
foot intervals based on a survey grid system and tied to existing control points;
observed (only if clearly visible from the surface) locations of existing water,
sewer, storm drain, franchised utility facility appurtenances, trees, shrubs, and
flowerbeds; and benchmarks established with the survey.
City of Denton, Texas
Attachment A
Page 3 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
Task 3.3 Level B SUE
The ENGINEER will, via a sub-consultant, expose certain utilities using SUE methods and
collect survey data on their exposed location. This information will be used during civil
engineering design. SUE quality level B is described as follows:
•Quality Level B. QL-B involves the application of appropriate surface geophysical
methods to determine the existence and horizontal position of virtually all utilities
within the project limits. This activity is called "designating". The information
obtained in this manner is surveyed to project control. It addresses problems
caused by inaccurate utility records, abandoned or unrecorded facilities, and lostreferences
– Level B SUE will be obtained for Chapel Drive and College Street only.
– The limits of Level B SUE for Chapel Drive and College Street will be the same
as the topographic survey limits listed above.
– Level A SUE will not be obtained
Task 3.4 Project Design Parameters
The ENGINEER will coordinate with CITY staff and TWU staff to identify the following
project design parameters and document them at the start of the project:
• Common design vehicle – BUS-40, City fire-truck, or other largest vehicle that
would need to remain on-pavement in navigating the subject roundabouts.
• Largest anticipated vehicle – WB-62 or other largest anticipated vehicle to
navigate through the intersection using truck aprons, truck blisters, or other
drivable surfaces within the intersection or along the perimeter of the intersection.
• Acceptable theoretical maximum speeds through the intersection
• Pedestrian facility preferences (third party control equipment, enhanced
devices/detection, crosswalk widths/treatments, bike lanes, bike ramps, etc.)
• Lane widths
• Adjacent driveway relocations
• Adjacent parking lot access and parking configurations
• Illumination levels, fixture types, other amenities
• Retaining wall treatments, colors, textures/patterns
City of Denton, Texas
Attachment A
Page 4 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ArrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
a
i£l
ElIISid
Fp
t
ITsigite
BF:rT
Figure 1 – Intersection Location Map
City of Denton, Texas
Attachment A
Page 5 of 14
DocuSign Envelope ID: E679532D-DA3F+C4B-A85E-58304261D33A
ArrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
Figure 2 - Approximate Survey Limits bounded by red line work
TASK 4: Conceptual Horizontal Geometry for Alternative
Intersection Controls
Task 4 will be performed after Task 3 and Task 2.1 and Task 2.2 is complete. The
conceptual horizontal geometry layouts prepared will be used during the stakeholder
meeting with TWU to discuss design and construction impacts. Comments provided during
the meeting will be used to move forward with final plan development.
Task 4.1 Alternative Intersections Horizontal Geometries, Temporary
Improvements (College Street and Chapel Drive)
The ENGINEER will develop horizontal geometric layouts of the proposed temporary mini
roundabouts at College Street and Chapel Drive, as well as up to two (2) alternative
intersection control scenarios. The temporary intersection improvements will be designed
using non-permanent materials such as bolt-down curbs, raised pavement markers, and
pavement markings. The existing curbs will remain in place, where possible.
The ENGINEER will provide the CITY with the alternative intersection control geometric
layouts and present the benefits and issues associated with each. The ENGINEER will
document feedback from the CITY and/or TWU staff regarding the alternative intersection
City of Denton, Texas
Attachment A
Page 6 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
control methods presented. The ENGINEER will return a recommendation to the CITY of
which alternative to move forward with field implementation after review of the CITY’s and
TWU’s comments.
Assumptions:
1. The ENGINEER will address up to two (2) rounds of comments per each temporary
intersection design.
Deliverables :
1.
2.
PDF exhibits of the proposed temporary horizontal layout alternatives for College
Street and Chapel Drive.
PDF exhibit of the recommended temporary horizontal layout alternative for College
Street and Chapel Drive.
Task 4.2 Conceptual Mini Roundabout Horizontal Geometry (Texas Street)
The ENGINEER will develop a conceptual horizontal layout of a proposed mini-roundabout
at Texas Street at N Bell Ave. This layout will consist of the following elements:
1. Proposed horizontal curb geometry
2.Proposed pavement markings, words, and arrows
3. Existing right-of-way/property boundaries
4. Existing utilities
5.Truck apron width and proposed treatment color and pattern
6.Pedestrian facilities that connect to existing facilities
7. Limits of proposed construction
Assumptions:
1. The ENGINEER will address one (1) round of comments based on the initial
conceptual horizontal layout at Texas Street.
2. The ENGINEER will sketch proposed right-of-way needed for the permanent mini-
roundabout at Texas Street. No right-of-way documents, or activities will be provided
under this agreement. Any tasks associated with obtaining right-of-way will be
performed as an additional service or under a separate agreement.
Deliverables :
1. One (1) PDF exhibit showing the proposed permanent horizontal geometric layout at
Texas Street and N Bell Ave.
2. Address one (1) round of comments and re-submit the exhibit.
TASK 5: Chapel Drive and College Street Temporary Intersection
Final Plans
Task 5.1 Final Plans
City of Denton, Texas
Attachment A
Page 7 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
Following the approval of the horizontal geometry under Task 4, the ENGINEER will provide
a 90% and Final Submittal for the temporary improvements at Chapel Drive and College
Street. A separate plan set will be developed for each location.
The 90% Design Submittal will consist of the following plan sheets:
+ 90% Design Submittal
• Cover Sheet/Sheet Index
• General Notes
• Quantity Summary Sheet
• Project Control Plan/Right-of-Way (ROW) strip map
– Alignment information including coordinate data for all horizontal alignment
P.C.’s, P.T.’s, and P.I.’s.
– Bearings given on all proposed centerlines, or baselines.
– Station equations relating utilities to paving, when appropriate.
– Existing ROW/Easement Lines, property owners, and proposed
easements/ROW.
•Existing Utility Adjustment Plan
– Horizontal locations and vertical elevation adjustments for existing CITY
utilities. This will consist of surface adjustments for storm, water, and sewer
utility lid adjustments from existing grade to proposed grade.
• Traffic Control Plan
The ENGINEER will prepare a traffic control plan for a full closure for each
intersection. The following sheets will be included with the traffic control plan:
– Sequencing of construction
– Traffic Control Plan Sheets – Provide locations and types of traffic control
devices, signage, pavement markings, and erosion controls to be used for each
phase
– Detours – The ENGINEER will prepare a traffic and pedestrian detour route as
needed for each intersection.
– The Traffic Control Plan will indicate erosion control locations as needed for
each intersection.
• Removal Plan Sheets
– Indicates locations of surface feature removals due to the construction of the
temporary improvement.
– The signal removal at Chapel Drive will be included with the Removal PlanSheets.
•Paving Plan Layout
– Horizontal geometry for proposed horizontal alignments, CITY and franchise
utilities, curbs, sidewalks, street lights, driveways, existing right-of-way lines,
easements, pavement, curbs, utility poles, mailboxes (within right-of-way),
City of Denton, TexasAttachment A
Page 8 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
water meters, fire hydrants, and trees (within right-of-way).
•
•
Paving Details
– Details for non-permanent features.
Curb Ramp Layout and Grading – Will only be developed for curb ramps that are
not CITY or TxDOT standard details.
• Storm Drain
– it is anticipated that since there are no existing curb inlets within the limits of
the intersections that no storm drain design will be required.
– Any storm drain design will be considered an additional service.
•
•
Pavement Marking and Signing Plan
Erosion Control Plan
•
•
Relocating Existing Illumination and Pedestrian Devices.
Opinion of Probable Construction Cost (OPCC) – The ENGINEER will prepare an
OPCC to be submitted with the 90% design submittal.
The ENGINEER has no control over the cost of labor, materials, equipment, or
over the Contractor’s methods of determining prices or over competitive bidding or
market conditions. OPCCs provided herein are based on the information known at
this time and represent only the ENGINEER’s judgment as a design professional
familiar with the construction industry. The ENGINEER cannot and does not
guarantee that proposals, bids, or actual construction costs will not vary from its
OPCC
• Project Manual – The ENGINEER will develop a project manual utilizing the
CITY’s standard front-end documents (contract forms and contract conditions)
and technical specifications applicable to the project.
Assumptions:
1. It is assumed that retaining walls along N. Bell Avenue will not need to be modified.
Any retaining wall design will be considered an additional service.
Deliverables :
1. 1 set of 1 1“X17” size hard copy plans for each intersection
2. Compiled PDF plan sets in 11“X17” and 22“X34”
3. OPCC
4.1 hard copy and a compiled PDF of the Project Manual
Task 5.2 Signed and Sealed Submittal
Following the review of the 90% Design Submittal, the ENGINEER will respond to one (1)
round of comments and will provide a comment response letter with the Signed and Sealed
Plan Set. The submittal of the 90% comments by the CITY is an assumed notice to proceed
with compiling the signed and sealed plan set.
Deliverables :
City of Denton, Texas
Attachment A
Page 9 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
1.
2.
3.
1 set of 1 1“X17” size hard copy plans for each mini-roundabout location 90% plans
were developed for.
Compiled PDF plan sets in 11“X17” and 22“X34”
OPCC
4.1 hard copy and a compiled PDF of the Project Manual
TASK 6:Bidding and Construction Phase Services
This task will only be performed after written authorization has been received from the CITY.
It is assumed that both intersection improvements (Chapel Drive and College Street) will be
bid as one project. If two separate sets of bid documents are requested by the CITY the
second set of bid documents will be provided as an Additional Service.
The ENGINEER will provide bidding and construction phase services for the two temporary
intersection improvements.
Task 6.1 Bid Phase Services
•
•
Pre-Bid Meeting: Attend the pre-bid meeting.
Bid Tabulations: The ENGINEER will tabulate the bids received and evaluate
compliance of bids with the bidding documents. The ENGINEER will prepare a
written summary of this tabulation and evaluation and will provide a
recommendation of award of contract.
•Requests for Information: The ENGINEER will respond to reasonable and
appropriate Contractor requests for information during bidding in the form of an
addenda. Requests for information will be received and responded to until an
agreed upon date prior to the established bid opening date. The addenda will be
issued to all registered plan holders.
• Bid Opening: Attend the bid opening
• Addenda: Incorporate all addenda into the contract documents and issue
conformed sets.
Task Duration:
1. The ENGINEER will perform bidding services for up to fifteen (15) hours.
Any additional time spent performing bid phase services will be considered
additional services.
Task 6.2 Construction Phase Services
The ENGINEER will assist the CITY with construction per the following tasks. The
ENGINEER will not assist the CITY with a substantial completion walkthrough, reviewing
pay applications, or preparing any change orders. Any of these tasks will be consideredadditional services.
• Pre-Construction Conference: The ENGINEER will conduct a Pre-Construction
Conference prior to commencement of construction activity.
• Visits to Site and Observation of Construction: The ENGINEER will make visits as
City of Denton, Texas
Attachment A
Page 10 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
directed by the City in order to observe the progress of the work. Such
observations will not be exhaustive or extend to every aspect of Contractor's work.
Observations will to be limited to spot checking, selective measurement, and
similar methods of general observation. Based on information obtained during
site visits, the ENGINEER will evaluate whether Contractor's work is generally
proceeding in accordance with the Contract Documents, and the ENGINEER will
keep the CITY informed of the general progress of the work.
– The ENGINEER will not supervise, direct, or have control over Contractor's
work, nor shall the ENGINEER have authority to stop the Work or have
responsibility for the means, methods, techniques, equipment choice and
usage, schedules, or procedures of construction selected by Contractor, for
safety programs incident to Contractor's work, or for any failure of Contractor to
comply with any laws. The ENGINEER does not guarantee the performance of
any Contractor and has no responsibility for Contractor's failure to perform its
work in accordance with the Contract Documents.
– The ENGINEER will attend up to 6 site visits.
Recommendations with Respect to Defective Work: The ENGINEER will
recommend to the CITY that Contractor's work be disapproved and rejected while
it is in progress if, on the basis of its observations, the ENGINEER believes that
such work will not produce a completed Project that generally conforms to the
Contract Documents.
e Clarifications and Interpretations: The ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary clarifications
and interpretations of the Contract Documents. Any orders authorizing variations
from the Contract Documents will be made by the CITY.
•Shop Drawings and Samples: The ENGINEER will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other data
which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents. Such review and approvals or other
action will not extend to means, methods, techniques, equipment choice and
usage, schedules, or procedures of construction or to related safety programs.
•Substitutes and "or-equal": The ENGINEER will evaluate and determine the
acceptability of substitute or "or-equal" materials and equipment proposed by
Contractor in accordance with the Contract Documents.
Disagreements between the CITY and Contractor: The ENGINEER will, if
requested by the CITY, render written decision on all claims of the CITY and
Contractor relating to the acceptability of Contractor's work or the interpretation of
the requirements of the Contract Documents. In rendering decisions, the
ENGINEER shall be fair and not show partiality to the CITY or Contractor and
shall not be liable in connection with any decision rendered in good faith.
•Applications for Payment: Based on its observations and on review of applications
for payment and supporting documentation, the ENGINEER will determine
amounts that the ENGINEER recommends Contractor be paid. Such
recommendations will be based on the ENGINEER’s knowledge, information and
belief, and will state whether in the ENGINEER’s opinion Contractor’s work has
progressed to the point indicated, subject to any qualifications stated in the
City of Denton, TexasAttachment A
Page 1 1 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ArrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
recommendation. For unit price work, the ENGINEER’s recommendations of
payment will include determinations of quantities and classifications of
Contractor's work, based on observations and measurements of quantities
provided with pay requests. The ENGINEER’s recommendations will not be a
representation that its observations to check Contractor's work have been
exhaustive, extended to every aspect of Contractor's work, or involved detailed
inspections.
Substantial Completion: Consultant will, after notice from Contractor that it
considers the Work ready for its intended use, in company with the inspector,
Client and Contractor, conduct and document a site visit to determine if the Work
is substantially complete. Work will be considered substantially complete
following satisfactory completion of all items with the exception of those identified
on a final punch list.
This task includes:
– Up to one (1) substantial completion walkthrough with the inspector, CITY, and
Contractor.
– Document remaining punch-list items.
Final Notice of Acceptability of the Work: The ENGINEER will conduct a final site
visit to determine if the completed Work of Contractor is generally in accordance
with the Contract Documents and the final punch list so that the ENGINEER may
recommend final payment to Contractor. Accompanying the recommendation for
final payment, the ENGINEER shall also provide a notice that the Work is
generally in accordance with the Contract Documents to the best of the
ENGINEER’s knowledge, information, and belief based on the extent of its
services and based upon information provided to the ENGINEER.
This task includes:
– Up to one (1) final walkthrough with the inspector, CITY, and Contractor.
– Document any outstanding punch-list items from the substantial completion
walkthrough.
– Provide a recommendation to the Client for final payment and that the Work is
complete and is generally in accordance with the Contract Documents.
•TDLR Accessibility Review: The ENGINEER will utilize a subconsultant that is a
Registered Accessibility Specialist (RAS) for the purposes of reviewing the plans,
for conformance with the Texas Accessibility Standards (TAS). The ENGINEER
will coordinate with the RAS for project registration with the Texas Department of
Licensing and Regulation (TDLFR), and project inspection upon completion of
construction. The ENGINEER will prepare plans in an effort to conform to TAS
and will make one (1) round of revisions to the plans based on comments
received from the RAS.
• Record Drawings: The ENGINEER will revise plan sheets to show those changes
during the construction process reported by the Contractor to the ENGINEER and
considered to be significant.
Task Duration:
City of Denton, TexasAttachment A
Page 12 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ArrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
1. The ENGINEER will perform construction phase services for up to sixty (60)
hours. Any additional time spent performing construction phase services will
be considered additional services.
TASK 7:Implementation and Observations
Task 7.1 Observations and Feedback
The temporary improvements will be observed over a span of 2-4 weeks to determine the
validity of the improvement. The ENGINEER will gather feedback from CITY staff and TWU
staff regarding each temporary condition after the observation phase is complete. The
ENGINEER will prepare a memorandum documenting the comments received and provide a
recommendation of how to proceed with the permanent improvements to the Chapel Drive
and the College Street intersection.
Deliverables :
1. Copy of comments and feedback received by the CITY and/or TWU staff
2. Memorandum documenting the ENGINEER’s recommendation for proceeding with
permanent intersection solutions at Chapel Drive and at College Street
City of Denton, Texas
Attachment A
Page 13 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT A - TASK ORDER #1
SCOPE OF SERVICES FOR
BELL AVENUE TWU MINI ROUNDABOUTS
ADDITIONAL SERVICES
The following additional services are not anticipated as part of this Scope of Services
agreement, however, can be provided if deemed necessary during the project development
process. The ENGINEER will not provide the additional services listed below without the
written consent and approval of the CITY.
• Preparation of construction and bidding documents for the Texas Street at N Bell
Ave intersection. This agreement includes up to the preparation of a conceptual
design for the Texas Street intersection.
• More than one set of construction and bidding documents for the two
intersections (Chapel Drive and College Street)
• Geotechnical engineering
• Right-of-way acquisition documents/instruments and services
• Relocation design and coordination of existing city utilities
• Level A SUE
• Storm drain design. It is assumed the proposed improvements will not increase
the impervious area of the project that would adversely impact the existing storm
drain system.
• Attending or preparing any materials for community or CITY council meetings
that are not included as part of this scope.
• Modeling or formal submittals to FEMA
• Design of franchise utiIIty relocations
• Arborilogical services or the assessment of tree(s) condition
• Landscape and irrigation design
• Preparation of the contractor’s SWPPP
• Services related to warranty claims, enforcement and inspection after final
completion;
• Assist the CITY as an expert witness in litigation in connection with the project or
in hearings before approving and regulatory agencies;
• Redesign to reflect project scope changes requested by the CITY, required to
address changed conditions or change in direction previously approved by the
CITY, mandated by changing governmental laws, or necessitated by the CITY’s
acceptance of substitutions proposed by the contractor; and
• Any services not listed within the Scope of Services
City of Denton. Texas
Attachment A
Page 14 of 14
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATrACHMENT B.TASK ORDER #1
COMPENSATION FOR
BELL AVENUE TWU MINI ROUNDABOUTS
ATTACHMENT t'B"
Bell Avenue Temporary TWU Mini Roundabouts
Compensation
Total compensation for the ENGINEER contemplated under the terms of this agreement shall be a total
not-to-exceed 8109,700 for all services including reimbursable expenses. The CITY shall compensate
the ENGINEER as follows:
BASIC SERVICES
For Basic Services Tasks 1-7 the total compensation shall be on a reimbursable (hourly) basis and not to
exceed $109,700.
Progress payments for Basic Services shall be paid monthly based on the actual work satisfactorily
completed per month in each phase, with the following amounts of the total compensation for the Basic
Services for each phase of the Project:
•
•
•
•
•
•
•
Task 1 – Project Management
Task 2 – Meetings (kick-off, stakeholders, and public meeting)
Task 3 – Data Collection (includes survey and SUE Level B)
Task 4 – Horizontal Geometry (Temporary and Permanent)
Task 5 – Temporary Improvements Construction Documents
Task 6 – Bidding and Construction Phase Services
Task 7 – Implementation and Observations
$
$
$
$
$
$
$
6,600
18,900
29,300
9,300
3 1 ,900
12,300
1 ,400
Total $ 109,700
ENGINEER will not exceed the total maximum labor fee shown without authorization from the CITy
Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right to
reallocate amounts among tasks as necessary.
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct
reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be
billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other
expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project
related computer time, and local mileage. Administrative time related to the project may be billed hourly.
All permitting, application, and similar project fees will be paid directly by the CITY.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley-Horn project number.
EXTRA SERVICES
Any services not specifically provided for in the above scope and authorized by the CITY, will be billed
as additional services and performed at our then current hourly rates.
City of Denton, Texas
Attachment B
Page 1 of 1
DocuSign Envelope ID: E679532D-DA3F-4C4B-A85E-58304261D33A
ATTACHMENT “C”
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Bell Avenue TWU Mini Roundabouts
No modifications to the Standard Agreement are necessary for this project.
City of Denton, Te>as
Page 1 of 1
DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
ATTACHMENT “D”
PROJECT SCHEDULE
for
Bell Avenue TWU Mini Roundabouts Task Order #1
A mutually agreed-upon project schedule will be developed and shared with CITY staff after the
kick-off meeting. The schedule will include labor effort by the ENGINEER, by the ENGINEER’s
contracted subconsultants, and relevant CITY review/approval timeframes. The schedule will be
updated monthly and attached to each month’s invoice along with a status report for the project.
The status report typically consists of one page of written narrative highlighting the efforts from
the billable month, anticipated efforts the following month, and anything needed from the CITY
to continue forward along the project’s timeline.
Due to the everchanging circumstances surrounding the COVID- 19 Virus, situations may arise
during the performance of this Agreement that affect availability of resources and staff of the
ENGINEER, the CITY, other consultants, and public agencies. There could be changes in
anticipated delivery times, jurisdictional approvals, and project costs. ENGINEER will exercise
reasonable efforts to overcome the challenges presented by current circumstances, but
ENGINEER will not be liable to CITY for any delays, expenses, losses, or damages of any kind
arising out of the impact of the COVID- 19 Virus.
City of Denton. Texas
Page 1 of 1
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DocuSign Envelope ID: E679532D-DA3F4C4B-A85E-58304261D33A
Exhibit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental entit'
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a)
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
rD Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.
3 Name of local government officer about whom the information in this section is being disclosed.
n/a
Name of Officer
nHs section, (item 3 including subpans A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A Is the local govemment officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
= Yes n No
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
[] Yes [] No
C Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an
officer or director, or holds an ownership of one percent or more?
E] Yes E No
D Describe each employment or business and family relationship with the local government officer named in this section
4
5
B] I have no Conflict of Interest to disclose.
':'::
,RAbBiaM-doing business with the governmental entity
2/18/2021
Date