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21-269621-2696 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR DESIGN SERVICES FOR NEIGHBORHOOD 4 IMPROVEMENTS FOR THE CAPITAL PROJECTS/ENGINEERING DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-004 — PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO HDR ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $714,448.81). WHEREAS, on May 18, 2021, the City Council approved a pre -qualified professional engineering list (Ordinance 21-894); and WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with HDR Engineering, Inc., for design services for Neighborhood 4 Improvements for the Capital Projects/Engineering Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, Texas, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by �¢-SSS, �./ ;5 and seconded by $ C! c -CN _N�> e C..t(�- . This ordinance was passed and approved by the following vote[ —7 - 01: PASSED AND APPROVED this the 1 `I r ATTEST: ROSA RIOS, CITY SECRETARY day ofj72C2�rn)o e -C 2021. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, BY: email=marcella.lunn@cityofdent en.eem,e—d6 Date: 2021.11.30 09:11:19 -06'00' GERARD ffJDSPETH, MAYOR Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 1 `I r ATTEST: ROSA RIOS, CITY SECRETARY day ofj72C2�rn)o e -C 2021. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City of Denton, BY: email=marcella.lunn@cityofdent en.eem,e—d6 Date: 2021.11.30 09:11:19 -06'00' GERARD ffJDSPETH, MAYOR DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED CITY DENTON Docusign City Council Transmittal Coversheet PSA 7599-004 File Name Neighborhood 4 Improvement Design Purchasing Contact Cori Power City Council Target Date DECEMBER 14, 2021 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 21-2696 CDS DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 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 HDR Engineering, Inc., with offices at 17111 Preston Road, Suite 300, Dallas, TX 75248 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Neighborhood 4 Improvement Design (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Terra of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $714,448.81 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1 C1 -4D688D8EC1 ED Terms of Payment Payments to the ENGINEER will be made as follows: 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: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED (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 (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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 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. (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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 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 the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 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. J. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers 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. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1 C1 -4D688D8EC1 ED 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. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. 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. 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED certificate of insurance. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED (1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or 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 Beneflciarles (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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 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. 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 18 DocuSign Envelope ID: C9ECD9177-385D-4929-A1 C1 -4D688D8EC1 ED will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.13., 6.D., 6.F., 6.1-1., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 18 DocuSign Envelope ID: C9ECD9F7-385D4929-A1C1-4D688D8EC1ED regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER. IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info_form 1295. htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. O. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 18 DocuSign Envelope ID: C9ECD9F7-385D-4929-AlC1-4D688D8EC1ED 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. BY: CITY OF DENTON, TEXAS DocuSigned by: Z K,,� n RWCIVy`Manager Date: 12/14/2021 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. 5 DocuSigned by: 06W5p€86745F'... Director of capital Projects/city Engineer Title capital Projects- Engineering Department Date Signed: 11/23/2021 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 18 BY: ENGINEER HDR ENGINEERING, INC. DocuSign Ra)ff01y2ff4ffWE3... vice President Date: 11/23/2021 2021 - TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: CITY SECRETARY DocuSigned by: By:IR¢t c P,L" APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY r—Docuftned by: By: � DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Attachment A SCOPE OF SERVICES CITY OF DENTON NEIGHBORHOOD No. 4 PROJECT DESCRIPTION: This project includes the preparation of PS&E for signal and pedestrian improvements the locations as shown in Attachment E in the City of Denton Neighborhood 4. The scope includes: 1. Full depth reconstruction of 24 street segments as shown in Attachment E including road reconstruction with subgrade stabilization, asphalt paving, concrete curb and gutter, and driveway replacements. 2. Street reconstruction of approximately 8,700 linear feet 3. Water line replacement of approximately 7,000 linear feet 4. Sanitary sewer line replacement of approximately 5,500 linear feet. 5. Sidewalk work is expected to be minimal, and no proposed sidewalks anticipated unless sidewalks have already been established on one end of the limits. BASIC SERVICES: Data Collection 1.1 Meet with City of Denton engineering staff and obtain design criteria, pertinent utility plans, street plans, plats and right-of-way maps, existing easement information, and other information available for the project area. 1.2 Meet with the City of Denton project manager and conduct an on-site review and walk through. Up to 2 Site visits. 2. Roadway Design 2.1 PS&E — 2.1.1 Information required can be combined on sheets if the information can be clearly shown and is approved by the City of Denton project manager. Other scales may be used if approved by the City of Denton project manager. 2.1.2 Submit roadway, water, and sewer plans for 30%, 60%, 90%, and 100%. 30% submittal shall include all existing and proposed roadway and ramp layouts. 90% submittal shall include the complete plan set and address 60% comments from City/TxDOT. 100% submittal shall include addressing 90% comments from City/TxDOT and submitting a signed/sealed plan set on Paper. 2.1.3 Prepare outline of any special technical specifications needed forthe project (if any) and draft Bid Item Description Narrative. 2.1.4 Prepare an estimate of construction quantities and develop the preliminary statement of probable construction cost. 2.1.5 Submit sets of preliminary plans, outline of special technical specifications and preliminary statement of probable construction costto the City for review. Plans will be delivered in PDF electronic copy of half size drawings. 2.1.6 Meetwith City of Denton staff to discuss Citycomments on preliminary plans, specifications, and cost estimates. 2.1.7 Distributethe preliminary plans and proposed schedule forbidding and start of construction to local utility companies to obtain information regarding impacts to their facilities. 2.1.8 All plans submitted tothe City shall be signed and sealed in accordance with state law. 2.1.9 TCP plans will not be included, and a general note will be added that contractor to submit signed and sealed TCP & Detour plans prior to DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED construction for City approval. 2.1.10 Signing and striping is anticipated to be primarily repairing areas impacted by construction activities and will be included on paving sheets. 2.1.11 If sidewalk is not existing on either end of limits, no new sidewalk will be proposed. Proposed sidewalks are anticipated along Dunes Street, and possibly along Broken Bow St to continue sidewalk connections. 2.1.12 Submittals will be 30%, 60%, 90%, and Final submittal 2.2 Bid Phase Services & Document Prep 2.2.1 Prepare document bid book and prepare item descriptions according to city of Denton standard item descriptions. 2.2.2 Assist the City staff in advertising for bids. 2.2.3 Submit one half size (11 "x17") set of final blackline prints to the City of Denton. Submit a USB of the bid set plans and bid manual in PDF format. 2.2.4 Assist City by responding to questions and interpreting bid documents. 2.2.5 Prepare and provide the City with addenda to bid documents as necessary. 2.2.6 Provide bid tabulation (Excel) to the City of Denton within four working days of the bid opening. 2.2.7 Evaluate the low and second low bidders. The review and evaluation will include suchfactors aswork previously completed, equipmentthat is available for the work, publicly available financial resources, technical experience, and responses from references. Prepare a letter of recommendation to the City of Denton for awarding a contract to the lowest responsible bidderwithin four working days of the bid opening. 2.2.8 Assist City staff in a pre -construction conference. 3. Utility Design (Water & Sanitary Sewer) 3.1 Coordinate with City Staff on water and sanitary sewer design requirements and goals, and progress/coordination meetings (up to 5 total Virtual Meetings). 3.2 Site Visit to project area to confirm survey and existing conditions that may impact design or construction of the proposed water and sanitary sewer facilities. 3.3 Design includes approximately 7,000 LF of water lines, including reconnection of services. 3.4 Design includes approximately 5,500 LF of sanitary sewer lines, including reconnection of services. 3.5 Research existing utility and pipelines in the project areas, where appropriate. 3.6 Contact and coordinate with private utility companies and other entities (i.e., telecommunication, cable, gas, electrical, pipelines, etc.) that may be involved to obtain information on their existing facilities and requirements that may impact this project. 3.7 Examine environmental information (by Others) to determine potential soil contamination and potential impact on construction methodology, materials, and costs. 3.8 Prepare technical specifications, drawings, quantity takeoff (QTO) and opinion of probable construction cost (OPCC) associated with water and sanitary sewer line improvements at 30%, 60%, 90% and Final Submittal Phases. Drawings will consist of P&Ps, as well as Water and Sanitary Sewer Details. 3.9 Address and incorporate review comments and revisions into 60%, 90% and Final Submittals. 3.10 Deliverables will be in electronic format (i.e. Drawings — MicroStation and pdf formats; Specs — MS Word and pdf formats). 4. Construction Phase Services 4.1 Provide up to 2 site visits by the design engineer with a written inspection report submitted to the City for each visit related to potential change orders or revisions required to the plans. 4.2 Provide written responses to requests for information or clarifications. 4.3 Up eight (8) RFI's are assumed. 4.4 Assist the City staff in conducting the final inspection. 4.5 Prepare construction "Record Drawings" based upon mark-ups and information DocuSign Envelope ID; C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED provided by the construction contractor(s). Submit one blackline set to the City and a CD-ROM disk containing scanned images of the 11" x 17" final 'as constructed" blackline drawings (with "record drawing stamps" bearing the signature of the Engineer and the date). 5. Record Drawings 5.1 Prepare record drawings based on comments and field changes completed by the CITY or others delegated to do so. The ENGINEER will not be providing resident engineering services and will not be observing on a full- time basis and will therefore not seal the record drawings. The record drawings will be provided as digital 22"x34" PDF. SPECIAL SERVICES: 6. Public Involvement 6.1 Public Meetings 6.1.1 The ENGINEER will prepare materials, provide staffing, and document as needed for up to five (5) stakeholder meetings in a combination of virtual and in-person meetings, and up to two (2) in-person open house public meetings. The CITY will be responsible for selecting and scheduling meeting location and distributing notifications to the public either through social media, or email, and be responsible for advertisements/venue/translation fees for meetings. The ENGINEER will provide mailer content and distribute, advertisement content, social media, or email content for distribution. It is anticipated the public meetings will occur during final design. Deliverables assume project materials will use City of Denton branding. 6.1.2 Deliverables: 6.1.2.1 Stakeholder Outreach, up to five (5) one-on-one meetings with stakeholders and meeting notes 6.1.2.2 Public meeting materials and meeting notes including notification materials, up to ten (8) display boards, roll plots, and 11x17 handout. 6.2 Project Informational Materials 6.2.1 The ENGINEER will assist the CITY with updated project information and materials to be used in council meetings and for the city website. 6.2.2 Deliverables: 6.2.2.1 Project informational materials including but not limited to PowerPoint presentations and graphics for city website. 7. Special Services: Task 7 Illumination Study The ENGINEER shall complete a photometric study for the 24 street segments located within the NBHD-4 project area. The study shall determine the current lighting levels in the neighborhood and provide options on the layout of the light fixtures based on proposed conditions. Any changes to the scope of services will result in increased DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED costs 7.1 Project Management/Coordination and Meetings 7.1.1 Project Management includes the work necessary for the ENGINEER to manage production efforts, coordinate with CITY Project Manager, administer this contract, manage quality, and monitor progress. 7.1.2 The ENGINEER shall meet with the CITY and Denton Municipal Electric (DME) to collect data and determine design criteria and preferred light fixture. The approved scope of work will be used to prepare a memorandum that documents the ENGINEER's findings and recommendations for submission to the CITY. Two (2) meetings have been assumed for budget purposes. 7.1.3 The ENGINEER shall coordinate with the CITY to discuss and review project status and coordinate and obtain any information on any other project needs. Three (3) coordination meetings have been assumed for budget purposes. Additional meetings shall be an increase in scope and result in increased costs. 7.2 Data Collection 7.2.1 The ENGINEER shall review the following information: 7.2.1.1 Street lighting as-builts and GIS maps provided by the CITY/DME showing existing fixture locations and the listed information: 5.2.1.1.1 Pole height, mast arm length, luminaire type, luminaire wattage, service locations, system voltage 7.2.1.2 Existing light fixture IES files or specifications provided by the CITY/DME 7.2.1.3 Survey with existing luminaire locations 7.2.1.4 One proposed light fixture type with corresponding pole height and mast arm length recommended by DME 7.2.2 The ENGINEER shall complete the following field review: 7.2.2.1 Verify from the ground light pole, mast arm and luminaire plan review information 7.3 Photometric Analysis The photometric analysis shall be performed with the latest version of Lighting Analysts AGi32. The photometric analysis shall consist of evaluating roadway, intersection, and sidewalk (if applicable) lighting requirements. 7.3.1 The ENGINEER shall provide a photometric analysis for the 24 street segments based on existing infrastructure and existing light locations. 7.3.2 The ENGINEER shall provide a photometric analysis for the two (2) street sections listed below which represent streets with and without sidewalks, based on proposed infrastructure and proposed fixture specifications in accordance with CITY and DME requirements. One proposed fixture specification to be provided by DME will be analyzed. The two sample sections listed below can then be used to estimate the pole spacing needed for the rest of the neighborhood streets. Both sections will use fixtures with shielding for the analysis. DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Street From To I Sidewalks? Old Orchard Windsor Dr E Dunes St Y Churchill Wellington Dr Windsor Dr E I N /.3.3 The ENGINEER shall use either CITY provided lighting requirements or criteria from the national standard ANSI/IES RP -8-18 when completing the photometric analyses for existing and proposed conditions. Specific design criteria shall be decided in a pre -design meeting with the CITY. The following lighting criteria from RP -8-18 is listed below for reference. 7.3.3.1 Luminance is the selected method for straight streets. Horizontal illuminance criteria would be used along curved sections of roads and streets, where luminance can be difficult to calculate. Horizontal illuminance is the selected method for sidewalks and intersections. 7.3.3.2 On straight segments, the analysis of roadway segments would meet the luminance criteria from Table 11-1 in RP -8- 18 listed below. For determining what horizontal illuminance level should be used instead of the recommended luminance criterion, the following equivalencies may be used: 1 cd/m2 for 10 lux on R1 pavement; 1 cd/m2 for 15 lux on R2 or R3 pavement; and 1 cd/m2 for 13.3 lux on R4 navement. Luminance Method for Streets Street Pedestrian Average Average Maximum Maximum Classification Activity Activit Luminance Ratio Uniformity Veiling (cd/M2) Residential (2.1 to ratio Luminance Ratio Local Low 0.3 6.0 10.0 0.4 7.3.3.3 The lighting at intersections uses pedestrian criteria and the classification of the intersecting street. Only local to local street intersections would be analyzed in this study. Based on this, the analysis of intersections would meet the following lighting level criteria from Table 12-1 of RP -8 -18 - Illuminance Method for Intersections Functional Classification ped Activity Area Average Illuminance (fc) Uniformity Ratio Local/Local Low 0.7 6.0 7.3.3.4 The lighting on sidewalks is based on pedestrian usage and conflicts. Based on this, the analysis of sidewalks would meet the following lighting level criteria from Table 16-3 in RP -8-18: Illuminance Method for Sidewalks Land Use Section Ped Activity Avg Horizontal Min Vertical Illuminance (fc) Uniformity Ratio Area Illuminance (fc) (Horizontal) Medium Density Residential (2.1 to Low 0.4 0.1 4.0 6.0 dwelling units per acre) 7.3.4 Assumptions 7.3.4.1 The study will be prepared in accordance with the following standards: 7.3.4.1.1 ANSI/Illuminating Engineering Society Manual RP -8-18 "Recommended Practice for DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Design and Maintenance of Roadway and Parking Facility Lighting" or equivalent CITY standards 7.3.4.1.2 AASHTO Roadway Lighting Design Guide 7.3.4.1.3 City of Denton Transportation Design Criteria Manual 7.3.4.1.4 Denton Municipal Electric Standards 7.3.4.2 This proposal provides no design work. 7.3.4.3 No electrical design pertaining to wire sizing, voltage drops, ampacity, service loads will be performed. 7.4 Deliverables 7.4.1 The ENGINEER will provide a draft memorandum to the CITY which will include the following: 7.4.1.1 Street Lighting Requirements 7.4.1.2 Street Lighting Types 7.4.1.3 Existing and Proposed Photometric Analysis 7.4.1.4 Appendix 7.4.1.4.1 The ENGINEER will prepare roll plots on a large enough scale to see the calculation values along the street segments. 7.4.2 The ENGINEER will respond to and address one (1) round of comments from the CITY. 7.4.3 The following will be considered Additional Services which can be covered with a supplemental to the current contract: 7.4.3.1 Cost Estimate 7.4.3.2 Lighting design 7.4.3.2.1 Electrical Voltage Drop Calculations 7.4.3.2.2 Electrical Service Panel Schedules 7.4.3.2.3 One -Line Diagrams 7.4.3.3 Photometric analysis of street lighting exterior to the project 7.4.3.4 Structural calculations for light pole bases DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Survey a) The topographic mapping of streets will extend 5 feet beyond the existing curb lines or to the apparent ROW line and/or up to 11 feet beyond the existing curbs along streets as shown on Exhibit. This will include, but not limited to: curbs & gutters, sidewalks, driveway approaches, utility appurtenances, driveway approaches, mailboxes, signs, visible utilities, pavement types, Manholes (Storm, Wastewater), water valves, Fire Hydrants, etc. b) Project Coordinates will be derived using GPS and/or Conventional survey equipment and reported in NAD83 (2011) Texas Coordinate System North Central Zone (SURFACE - using the Denton County TxDOT scale factor of 1.00015063). Horizontal datum (coordinates) may not coincide with City of Denton or other existing coordinates or control. C) Project elevations will be derived using GPS and/or Conventional survey equipment and reported in NAVD88 - US Survey feet. Vertical datum (elevations) may not coincide with City of Denton or other existing elevations or control. d) Terrestrial LiDAR will be used to collect topographic data for efficiency and safety reasons. Limited Traffic Control will be used. e) Digital levels will be performed between all control points for each road segment. GPS equipment will be used for horizontal control. f) Some features may be located with Terrestrial Laser Scanners for safety reasons. No traffic control will be necessary. g) Includes details or measure downs of any manholes, storm drains, grates or inlets. Locate TEXAS 811 markings (if located/marked at time of on -the -ground survey(s)). Locate observed above ground utilities within street segments. h) No Control Data or Control Index sheets are included. i) ROW and/or boundary lines could be shown graphically (for reference only) and based on available Denton County Appraisal records for any ROW and/or boundary lines. j) No ROW or boundary determination is included. k) No ROW or Parcel documents are included. 1) No Right -of -Entry will be prepared or sent to landowners DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED 2. SUE a) SUE Investigation required for this project will be in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: b) Quality Level D (QL-D) — Information derived from existing records. C) Quality Level C (QL-C) — QL D information supplemented with information obtained by surveying visible above -ground utility features (i.e. valves, hydrants, meters, manhole covers, etc.) d) Quality Level B (QL-B) — Two-dimensional (x, y) information obtained through the application and interpretation of non- destructive surface geophysical methods. Also known as "designating" this quality level provides the approximate horizontal position of subsurface utilities. e) Quality Level A (QL-A) —Also known as "locating", this quality level provides precise three-dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. f) Prior to beginning field designating activities, field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). Non- metallic/non-conductive utilities will be designated using a rodder and/or a sonde where access is available (e.g. empty PVC conduit) to provide a medium for signal transmission, which can then be designated using geophysical equipment. In instances where access is not available, (e.g. pressurized PE gas line), personnel will attempt to designate the utility by use of ground penetrating radar. Sanitary and storm sewer systems are excluded from the SUE investigation scope and are included in the survey scope. Water lines will be depicted as Quality Level C or D based on City GIS data and topographic survey of surface features where available. All service lines are excluded from the scope of this investigation. All main line utilities other than water, sanitary, and storm will be attempted to achieve a Quality Level B depicted. g) Two days of special traffic control DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Permitting, licensing, bonds, etc., will not be required by the client and/or agencies in order to complete the SUE investigation. Fees and labor associated with such items are not included in this scope and fee, however, they will be invoiced to the client if later determined necessary. LSE estimates a maximum of 42,000 linear feet of subsurface utilities within the limits of investigation. LSE estimates a maximum of 10 test holes required within the limits of investigation Deliverable A digital .dgn CAD file depicting the utilities within the area of investigation at their achieved quality levels will be provided. The file will clearly identify all utilities discovered from QL-D and QL- C investigation that could not be designated in the field and achieved at QL-B. These utility lines will have a unique line style and symbology in the deliverables. The utilities will be referenced by the type of utility, color coded to American Public Works Association standards. Test hole locations and attributes will be included in the .dgn file and a test hole summary table will be provided. All deliverables will be based on project survey coordinates. DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED ATTACHMENT "B" Table 1 Summary of Tasks - Neighborhood 4 Task Lump Sum Design Task 1- Data Collection $ 31,250.00 Task 2 - Roadway Design Task 2.1- PS&E $ 216,610.00 Task 2.2 - Bid Phase Services & Document Prep $ 18,800.00 Task 3 - Utility Design (Water and Sanitary Sewer Only) $ 144,745.00 Task 4- Construction Phase Services $ 35,200.00 cask 5 -Record Drawings $ 27,040.00 HDRTotal $ 473,645,00, Special Services Task 6 - Public Involvement $ 33,927.00 Task 7 - Illumination Study $ 45,021.00 Total $ 78,948.00 Survey and SUE (LambStar) A. Topographic Mapping & Design Surveys $ 77,775.81 B. Subsurface Utility Engineering $ 84,080.00 $ 161,855.81 Design Total (Design, Survey, and SUE) $ 635,500.81 1 Project Total (Including Special Services) $ 714,448.81 The fee for the scope of services as described in Attachment A will be on a lump sum basis for standard tasks and the Illumination study, and a T&M basis for Public Involvement according to Table 2 below. Survey and SUE will be at a direct cost on the amount invoiced to HDR. Invoices will be sent monthly based on the percent of the level of effort completed. CITY OF Denton - Neighborhood 4 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1 C1-4D688D8EC1 ED Manhour / Fee Estimate - HDR Public Involvement Table 2 TASK DESCRIPTION Prinel al Project Manager QC Manager Senior Engieer IT CAD/ENGR TECH ADMIN TOTAL TOTAL(Per Task) $300.00 $250.00 $225.00 $175.00 $125.00 $100.00 $90.00 4 Public Involvement Plan g $g a Development of Public Involvement Plan 0 $0 b Mailing Lis[ 0 SO 4 Outreach 41 $5.860 e Stakeholder Outreach 10 5 4 19 $2,610 b Prepamlion ofineeting materials 1 4 5 $575 c Dry-ltun Meetings with CITY 3 3 3 9 $1,575 d Meeting Summarics 4 4 8 $1,100 4 Open House Public Meetings 137 $2_525 a Legal notices 1 2 3 $375 b Advertisement 1 1 $100 c Dry -Run Meetings with State g g 16 $3,400 d Conduct Meetings 16 16 16 48 $8,400 c Preparation ofMeeting Materials 2 20 22 $2,350 I Typical Section Renders 20 20 $2,000 g Response to Public's Comment 2 6 5 13 $2,050 b Public Meeting Summaries G A 14 $1,850 4 Project informational Materials 26 53,550 a PowerPoint and graphics for City Council and online updates 6 20 26 $3,550 TOTAL 0 29 0 63 20 88 4 204 $29,935 $300.00 $250.00 $225.00 $175.00 $125.00 1 $100.00 $90.00 1OTALCOST' $0 $7,250 $0 $11,025 $2,500 $8,800 $360 $29,935 rn W a W U A Direct Cost Contract Rate Unit quantity Amount Standard Postage 0.58 Each 1500 $870.00 Mileage $0.535 per mile 900 $481.50 Public Notices - Mass Mailing (500 pieces) $400.00 per mailing 2 $800.00 Presentation Boards Color Mounted $120.00 each 8 $960.00 81/2'x11' Color Paper Copies $0.50 Sheet 800 $400.00 Photocopies BIVV (11"x17" $0.20 Sheet 400 $80.00 Photocopies Color (II "xi 7") $1.00 Each 400 $400.00 SUB -TOTAL DIRECT COST $3,991.50 SUB -TOTAL LABOR $29,935.00 TOTAL COST $33,927.00 HDR Inc. DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED ATTACHMENT "D" PROJECT SCHEDULE ID 0 Task Name Duration Start Finish Predecessors 1 2022 Half 2 2022 alf 1 2023 Half 2 2023 Hal 1 F JJ S NDJFMAMJJAS D 1 Lj ® Neighborhood 4 Completion of Design - City NTP Survey Data/Asbuilt Collection 1 30% 30% Design & Plan Prep 30% QC Submit 30% to City City Review 30% 60% Respond to City Comments 60% Design & Plan Prep 60% QC Submit 60% to City City Review 60% 90% Respond to City Comments 90% Design & Plan Prep 90% QC Submit 90% to City City Review 90% Final Respond to City Comments Final QC Submit Sealed Drawings, Bid Documents, and OPCC's Bid Services (Actual Dates TBD) Construction Phase Services (Actual Dates TBD) As-builts (Actual Dates TBD) 527 days Wed 12/15/21 Fri 12/22/23 186 days Wed 12/15/21 Thu 9/1/22 1 day Wed 12/15/21 Wee 12/15/21 49 days', Mon 12/20/21 Fri 2/25/223FS+2 days 30 days Mon 1/17/22Fri 2/25/22 4FF 45 days Mon 2/28/221 Fri 4/29/22 40 days Mon 2/28/22 Fri 4/22/22:5 4 days Mon 4/25/22 Thu 4/28/22 7 1 day Fri 4/29/22 Fri 4/29/228 10 days Mon 5/2/22', Fri 5/13/22 9 25 days Mon 5/16/22 Fri 6/17/22. 5 days Mon 5/16/22 Fri 5/20/22 10 15 days Mon 5/23/22', Fri 6/10/2212 4 days' Mon 6/13/22' Thu 6/16/2213 1 day, Fri 6/17/22 Fri 6/17/22114 10 days Mon 6/20/22 Fri 7/1/22115 25 days. Mon 7/4/22', Fri 8/5/2216 5 days Mon 7/4/22'', Fri 7/8/2216 15 days Mon 7/11/22' Fri 7/29/22'18 4 days Mon 8/1/22 Thu 8/4/2219 1 day Fri 8/5/22 Fri 8/5/22 20 10 days Mon 8/8/22 Fri 8/19/22 21 8 days Mon 8/22/22 Wed 8/31/22 5 days Mon 8/22/22 Fri 8/26/2222 3 days Mon 8/29/22 Wed 8/31/2224 1 day Thu 9/1/22 Thu 9/1/2225 86 days Fri 9/2/22 Fri 12/30/22 26 240 days Mon 1/2/23 Fri 12/1/23 15 days Mon 12/4/23 Fri 12/22/23'28 :71 _ F, h 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Page 1 DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED ATTACHMENT "E" NBHD4IMPROVEMENTS Project Mat x sALnDq LAG NA STRATFORD 2 - SIERR, KINGSTON TRCE 0 z _ — z •++ MANNA °� . �•:r• GREEN OAKS_ � LA PAL a i • LU ONT REY tic lMNOS R O N H ER [om Pt CH RCHI z o z zS' ° °roq m 3 O EMERSON — • POND CLOVER ° < HER ARC LI w z ��'��C oO O + FOXCROFT ir ° J Legend O m m 4 x MLLIAMSBURG ..... ... GRANDEE LoWatS W er 3 p MISTYYYOgD _ 2 z OODEWOOD LAURE OD Sewer Streets DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED Exhi bi t CIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. HDR Engineering, Inc. 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate. 3 1 Name of local government officer about whom the information in this section is being disclosed. N/A Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? F--] E] Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? E] FlNo Yes D. Describe each employment or business and family relationship with the local government officer named in this section. None 4 ❑I have no Conflict of Interest to disclose. 5 DocuSigned by: 11/23/2021 Sig '��RWfRng business with the governmental entity Date