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
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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:
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(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
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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
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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
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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
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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
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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
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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
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(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.
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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
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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
_
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2
3
4
5
6
7
8
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12
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Page 1
DocuSign Envelope ID: C9ECD9F7-385D-4929-A1C1-4D688D8EC1ED
ATTACHMENT "E"
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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