6590-084 - Contract Executed
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DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
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City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 17
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES #6590-084
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Kimley-Horn and Associates, Inc., with its corporate office at 801 Cherry
Street, Unit 11 Suite 950, Fort Worth, Texas 76102 and authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: engineering services for
the design and construction phase services for the IH-35E-MAYHILL – UTILTIY-
RELOCATIONS (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $922,800 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 A.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 2 of 17
SECTION 3
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
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 3 of 17
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
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 4 of 17
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
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
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 17
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
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
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 6 of 17
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.
i. 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
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 17
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
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
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 17
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.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment D to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 17
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
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment D.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 11 of 17
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 Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 17
(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
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
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.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
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 (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
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_form1295.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
Attachment C – Changes and Amendments to Standard Agreement
Attachment D – Project Schedule
Attachment E – Project 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.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
City of Denton, Texas 6590-084
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
TODD HILEMAN, CITY MANAGER
Date:__________________
KIMLEY-HORN AND ASSOCIATES, INC.
GLENN GARY
SR. VICE PRESIDENT
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST:
ROSA RIOS, CITY SECRETARY
By:______________________________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 1 of 14
ATTACHMENT "A"
Scope for Engineering Design Related Services for:
IH-35E-MAYHILL - UTILITY-RELOCATIONS
The ENGINEER will perform its services pursuant to the requirements delineated below.
Services under this attachment include engineering services for the design and construction phase
services for the IH-35E-MAYHILL - UTILITY-RELOCATIONS.
Project Understanding
ENGINEER will provide engineering design services for the following tasks:
The relocations of approximately 14,000 linear feet of 20-inch through 8-inch water
main, 1,500 linear feet of 18-inch reclaimed water line, and 500 feet of gravity sewer line
from Loop 288 to Post Oak Road along the north and south frontage roads of IH-35E.
The relocations are necessary due to the CSJ 0196-01-109 Mayhill Bridge and frontage
road expansion planned by TxDOT. All proposed relocations will be placed back in
easement, except for lines that cross IH-35E or Mayhill Road. There are approximately
1,000 linear feet of proposed trenchless bores/tunneling.
ENGINEER’s scope of services is as follows:
IH-35E-MAYHILL - UTILITY-RELOCATIONS
Task 1 – Design Management
Task 2 – Alignment Study
Task 3 – Preliminary Design
Task 4 – Final Design
Task 5 – Construction Contract Documents
Task 6 – Bid Phase Services
Task 7 – Construction Phase Services
Task 8 – Record Drawings Preparation
Task 9 – Permitting
Task 10 – Survey and Easements
Task 11 – Easement Acquisition Services
IH-35 - UTILITY-RELOCATIONS
Task 12 – Conflict Analysis
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 2 of 14
Task 1 DESIGN MANAGEMENT
A. Project Management
1. Develop project communication plan.
a. Develop project contact list. .
b. Prepare and e-mail progress reports to the project team once a month to
be included with invoices. 24 months is assumed.
c. Prepare project schedule and provide schedule updates if the schedule
changes.
2. Meetings
a. Prepare for and attend kickoff meeting.
b. Prepare meeting notes and distribute to the City.
3. Sub-consultant Agreement Preparation
a. Prepare and execute up to five (5) subconsultant agreements.
Task 2 – ALIGNMENT STUDY
A. Preliminary Investigation
1. Data Collection and Record Research
b. Gather existing survey and topographic data
c. Gather existing aerial photographs.
d. Gather existing water, sanitary sewer, and storm sewer record drawings.
e. Gather existing paving plans.
f. Gather existing development plans.
g. Gather existing plat information.
h. Collect property owner and record information
i. Gather existing right-of-way and easement information.
j. Gather existing franchise utility record information.
2. Site Investigation
a. Walk general alignment.
b. Document alignment corridor with photographs.
c. Identify potential alignment, conflicts and issues.
3. Data Review with City
a. Meet with City to review accuracy of record information.
b. Interview City staff concerning historical, existing and future City plans
along the alignment.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 3 of 14
B. Prepare Alternate Alignment Technical Memorandum.
1. Analysis of alternate alignments indicating merits and challenges for each, and
including the following considerations:
a. Easement acquisition schedule and cost impacts.
b. Existing development impacts.
c. Existing potential horizontal and vertical conflicts.
d. Accessibility for maintenance.
e. Prepare opinions of probable construction cost for each alignment. The
ENGINEER has no control over the cost of labor, materials, equipment,
or over the Contractor’s methods of determining prices or over
competitive bidding or market conditions. Opinions of probable costs
provided herein are based on the information known to ENGINEER at
this time and represent only the ENGINEER’s judgment as a design
professional familiar with the construction industry. The ENGINEER
cannot and does not guarantee that proposals, bids, or actual construction
costs will not vary from its opinions of probable costs.
C. Deliverables
1. Digital .PDF copy of draft and final technical memorandum.
D. Meetings
1. Conduct one (1) review meeting with City.
2. Revise memorandum based on City comments.
Task 3 – PRELIMINARY DESIGN
A. Design Survey
1. Utility and Property Owner Coordination
a. Coordinate with DIG TESS and City of Denton to locate and mark
existing franchise and public utilities prior to performing the field
survey.
2. Design Survey
a. The limits of the survey shall be a 100-foot wide alignment generally
along IH-35E, and along Mayhill Road as shown on the Project Location
Map. There are two location of offsite alignment that will require
easement along the backside of properties adjacent to IH-35E. The
topographic survey will be approximately 15,000 linear feet.
b. Establish up to ten (10) horizontal control points based on the City of
Denton Coordinate System using ½-inch rebar with identifiable plastic
cap, specific for this project.
c. Establish a vertical control benchmark circuit tied to the City of Denton
benchmark system, specific for this project, as well as tie into the
TxDOT control.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 4 of 14
d. Perform a field survey to identify and locate all existing topographic
elements within the alignment corridor including, but not limited to, the
following:
i. Property pins
ii. Existing pavement, curbs, sidewalks, barrier free ramps, etc.
iii. Lane Striping (where applicable)
iv. Driveways
v. Existing storm sewer inlets, manholes, junction boxes, outfalls,
and erosion control
vi. Culverts and bridges
vii. Guardrail
viii. Utility manholes, vaults, water valves, water meters, sprinkler
heads, telephone poles, power poles, utility markers, other public
utilities, and franchise utilities
ix. Traffic signal poles, cabinets, and other signal equipment
x. Signs (excluding temporary signs)
xi. Trees, 6-inch caliper and up (center of trunk as well as dripline)
xii. Buildings
xiii. Retaining walls
xiv. Fence limits and material types
xv. Other applicable physical features that could impact design:
a) Field ties to the existing edge of pavement on Mayhill
Road and Interstate Hwy 35.
b) Field sketches of utility manholes and structures.
c) Prepare a final topographic drawings in a digital format
(including one-foot contours and breaklines) showing
the features located in the field as well as right-of-way
strip map information, an ASCII coordinate file of the
points located in the field, and a hard copy of the
coordinates and feature descriptions.
B. Geotechnical Engineering
1. Perform a geotechnical analysis of the alignment utilizing a qualified
geotechnical laboratory to determine subsurface conditions and make
recommendations regarding design parameters. The analysis shall include the
following:
a. Subsurface exploration including up to ten (10) sample bores varying 30
feet depending upon location.
b. Laboratory tests for classification purposes and strength characteristics.
c. Engineering services that address the following:
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 5 of 14
i. soil and groundwater conditions
ii. Comments on general excavatability of soils and shale
encountered
iii. Recommendations for pipe installation, including bedding and
backfill
iv. Recommendations for tunneling operations
2. A geotechnical report will be furnished by the geotechnical engineer to present
the results of the field and laboratory data as well as analyses and
recommendations. Three (3) copies of the report will be provided by the
geotechnical engineer, with one (1) copy going to the City. The data contained in
the geotechnical report will be made available to contractors during the bidding
process for informational purposes.
C. Subsurface Utility Engineering (SUE)
1. Level A investigation of existing water line connection point, and potential
crossing utilities. The Level A investigation shall consist of performing up to
four (4) level A testholes or “locates” of existing utilities. The Level A
investigation will be conducted in accordance with ASCE publication CI/ASCE
38-02 and include the location of said utility in three dimensions obtained
through non-destructive geophysical methods.
D. Preliminary Water Line Design
1. Visit the site to perform field verification of the survey.
2. Preliminary plan and profile drawings preparation for approximately 8,000 linear
feet of 20-inch water line, 1,500 linear feet of 12-inch water line, 3,800 linear
feet of 8-inch water line, 500 feet of gravity sanitary sewer, and 1,500 linear feet
of 18-inch reclaimed water line.
a. Prepare (22”x34”) plan and profile drawings at 1”=20’ horizontal and
1”=8’ vertical scale.
b. Plan view of the base map shall have all above ground features shown
and clearly labeled along with existing utilities based on field ties and
record information.
c. Plan view shall include design notes for stationing, size, slope, pipe
material, embedment, length and construction method.
d. Profile view shall include design notes for stationing, size, slope, flow-
line of pipe, pipe material, embedment, length and construction method.
e. Prepare preliminary water line details, including connection details.
f. Design tunnels/bores including casing/tunnel liner plate minimum
thickness and inside diameter, shafts, allowable methods, control of
ground water, and appropriate tolerances with the chosen method.
g. Perform one (1) site visit to verify preliminary design.
3. Preliminary Traffic Control and Detour Plan Preparation.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 6 of 14
a. City and TxDOT typical traffic control details will be included as
required.
4. Franchise Utility Coordination
a. Provide one set of drawings to each franchise utility encountered for
their review. Request each franchise to mark up the drawings to show the
size, type, and location of their utilities.
b. Coordinate with franchise utilities if any relocations are required. Notify
City if any relocations will be required.
5. Prepare preliminary general notes and details, including City Standard Details
where applicable.
6. Prepare preliminary technical specifications utilizing City Standard
Specifications, and any special specifications.
7. Compile and prepare an updated opinion of probable construction cost for the
entire project using recent average unit bid prices which are representative of
similar types of construction in the local area.
a. The ENGINEER has no control over the cost of labor, materials,
equipment, or over the Contractor’s methods of determining prices or
over competitive bidding or market conditions. Opinions of probable
costs provided herein are based on the information known to
ENGINEER at this time and represent only the ENGINEER’s judgment
as a design professional familiar with the construction industry. The
ENGINEER cannot and does not guarantee that proposals, bids, or actual
construction costs will not vary from its opinions of probable costs.
E. Deliverables
1. Preliminary design submittal (60%)
a. Submit four (4) copies to City for review and comment.
b. Submittal shall include the following:
i. Preliminary design plans (22”x34”)
ii. Preliminary technical specifications
iii. Opinion of probable construction cost
F. Meetings
1. Attend one (1) meeting with City to kick-off preliminary design.
2. Attend one (1) meeting with City on-site prior to submittal of preliminary plans,
if required.
3. Attend one (1) meeting with City to present and review the preliminary design
submittal
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 7 of 14
Task 4 – FINAL DESIGN
A. Easement Preparation
1. Upon receiving approval of 60% design drawings, ENGINEER will prepare up to
thirty-five (35) permanent water line easements and up to thirty-five (35)
temporary construction easements (which may be shown on the permanent
easement document).
2. Easement instruments will consist of metes and bounds descriptions and exhibits.
B. Final Design
1. Incorporate the preliminary design submittal review comments (one (1) round of
comments is anticipated in proposed effort).
2. Prepare updated opinion of probable construction cost.
a. The ENGINEER has no control over the cost of labor, materials,
equipment, or over the Contractor’s methods of determining prices or
over competitive bidding or market conditions. Opinions of probable
costs provided herein are based on the information known to
ENGINEER at this time and represent only the ENGINEER’s judgment
as a design professional familiar with the construction industry. The
ENGINEER cannot and does not guarantee that proposals, bids, or actual
construction costs will not vary from its opinions of probable costs.
3. Incorporate franchise utility investigation information
4. Incorporate details and technical specifications.
5. Prepare surface repair sheets and details as necessary.
6. Prepare final abandonment layout sheet and letter for TxDOT submittal.
7. Prepare Project Manual using City Standard Construction Contract Documents.
C. Deliverables:
1. Final Design Submittal (95%)
a. Submit four (4) copies to the City for review and comment.
b. Submittal shall include the following:
i. Final design drawings
ii. Final design project manual
iii. Opinion of probable construction cost
D. Meetings
1. One (1) meeting with City to review Final Design Submittal.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 8 of 14
Task 5 – CONSTRUCTION CONTRACT DOCUMENTS
A. Bidding Construction Contract Documents
1. Incorporate City comments from 95% design submittal and prepare construction
contract documents, bid plans, and opinion of probable construction cost.
2. Construction contract documents will consist of the final plans and project
manual, both signed and sealed by a licensed professional engineer in the State of
Texas and in accordance with comments provided by the City during final
design.
B. Deliverables:
1. Construction Contract Documents Submittal
a. Submit four (4) copies to the City for bidding.
b. Submittal shall include the following:
i. Bid drawings
ii. Bid project manual
iii. Opinion of probable construction cost
Task 6 – BID PHASE SERVICES
A. Bid Phase Services
1. Provide electronic bid documents to the City purchasing department for bidding.
2. Provide the Notice to Bidders to the City for publication. The City will be
responsible for publication of the notice. The City will be responsible for
distribution of the bidding documents to prospective contractors, suppliers and
plan rooms.
3. The following assistance will be provided to the City during the bidding phase:
a. Preparation of addenda and delivery to City for distribution to plans
holders.
b. Responses to questions submitted by plans holders.
c. Attend bid opening facilitated by City.
d. Preparation of bid tabulation.
e. Preparation of recommendation of award letter.
4. Conformance plans and specifications
a. Based on potential questions and addenda from the bidding phase,
prepare conformance set of plans and specifications to be used during
construction.
i. Provide up to four (4) sets to City for execution.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 9 of 14
Task 7 – CONSTRUCTION PHASE SERVICES
A. Construction Phase Services
1. Pre-Construction Conference
a. Prepare for and attend a pre-construction conference prior to
commencement of Work at the Site
2. Site Visits
a. Visit the construction site up to twelve (12) times during construction to
perform construction observation. 12 months construction time is
assumed.
b. Site Visits are not intended to be exhaustive or to extend to every aspect
of Contractor’s work in progress. Observations are to be limited to spot
checking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER’s exercise of professional
judgement.
c. Based on information obtained during site visits, ENGINEER will
determine if Contractor’s work is generally proceeding in accordance
with the Contract Documents, and ENGINEER will keep CITY informed
of the general progress of the work.
3. Recommendations with Respect to Defective Work
a. Provide recommendations to City that Contractor’s work be disapproved
and rejected while it is in progress if, on the basis of site visit
evaluations, ENGINEER believes such work will not produce a
completed Project that conforms generally to Contract Documents or that
it will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
Notwithstanding the foregoing, the City reserves the right to disapprove
or reject Contractor’s work without a recommendation from the
ENGINEER.
4. Clarifications and Interpretations
a. Issue necessary clarifications and interpretations of the Contract
Documents to City as appropriate to the orderly completion of
Contractor’s work. Such clarifications and interpretations will be
consistent with the intent of the Contract Documents. Field orders
authorizing variations from the requirements of the Contract Documents
will be made by City.
5. Change Orders
a. Recommend change orders to City, as appropriate.
b. Review and make recommendations related to Change Orders submitted
or proposed by the Contractor.
6. Shop Drawings and Samples
a. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 10 of 14
submit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents. Such review and approvals or other action will not extend to
means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction or to related safety precautions
and programs.
7. Substitutes and “or-equal”
a. Evaluate and determine the acceptability of substitute or “or-equal”
materials and equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of applicable
standards of state or local government entities.
b. Provide recommendations to City
8. Inspections and Tests
a. Review certificates of inspections and tests within ENGINEER’s area of
responsibility for the purpose of determining that the results certified
indicate compliance with the Contract Documents and will not constitute
an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the
Contract Documents. ENGINER will be entitled to rely on the results of
such tests and facts being certified. The scope of services assumes the
pumps and motors will go through a non-witnessed factory test.
Attending testing will be considered additional services.
9. Disagreements between City and Contractor
a. As necessary, ENGINEER will, with reasonable promptness, render
initial written decision on all claims of City and Contractor relating to the
acceptability of Contractor’s work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of the
Contractor’s work. In rendering such decisions, ENGINEER will be fair
and not show partiality to City or Contractor and will not be liable in
connection with any decision rendered in good faith in such capacity.
The initial decision of the ENGINEER shall be required as a condition
precedent to mediation or litigation of any claim arising prior to the date
final payment is due to the Contractor, unless thirty (30) days have
passed after a claim has been referred to the ENGINEER with no
decision having been rendered.
10. Final Walkthrough and Punchlist Preparation
a. Attend final walkthrough with Contractor and City to determine if the
completed work of Contractor is generally in accordance with the
Contract Documents.
i. Limitation of Responsibilities: The ENGINEER will not be
responsible for the acts or omissions of any Contractor, or of
any of their subcontractors, suppliers, or of any other
individual entity performing or furnishing the work.
ENGINEER will not have the authority or responsibility to
stop the work of any Contractor.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 11 of 14
b. Compile punch list from information gathered during final walkthrough
with City and Contractor.
Task 8 – RECORD DRAWINGS
A. Record Drawings
1. Obtain and review comments and field changes on the construction plans from
City and Contractor.
2. Prepare record drawings based on comments and field changes. 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 in the following format:
a. (1) Mylar hardcopy full-size (22”x34”)
b. PDF electronic copy
Task 9 – PERMITTING
A. Permitting
1. The City will be responsible for administration of TxDOT UIR permits. The
ENGINEER will prepare exhibits for permit submittal.
2. The ENGINEER will aid the City in coordinating the Utility Agreement (U-35)
with TxDOT and prepare reimbursement invoices as necessary. This also
includes providing betterment calculations and coordination efforts with TxDOT,
and their designated Utility Coordinator.
Task 10 – SURVEY AND EASEMENTS
A. Survey and Easements
1. See components of Task 3 and Task 4.
Task 11 – EASEMENT ACQUISTION SERVICES
A. Easement Acquisition Services
ENGINEER will perform the following services for this task:
1. Provide appraisals for proposed easements on up to twenty-five (25) parcels for
the proposed lines. Appraisals will be approved by the City prior to beginning
negotiations with property owners. The appraisals will be prepared by State
Certified Appraisers in accordance with the Uniform Standards of Professional
Appraisal Practice Act (USPAP). The appraisals will be suitable for use in
condemnation proceedings, if necessary.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 12 of 14
2. Provide property negotiation services for up to twenty-five (25) parcels for the
proposed line as follows:
3. The offer to purchase the properties will be based on the appraisals as indicated
above. The City will establish the value to be used in negotiation and the range of
negotiating authority to be given to the right-of-way agent. ENGINEER’s Real
Estate Agent will provide the services of qualified right-of-way agents to secure
the required right-of-way for the project. The right-of-way agents will provide
each property owner a copy of The Texas Landowner Bill of Rights, but will
NOT be required to provide negotiation services under the Uniform Relocation
and Acquisition Act (Uniform Act).
4. ENGINEER’s Real Estate Agent will negotiate on behalf of the City and utilize
conveyance documents and other necessary forms as prescribed by the City.
ENGINEER’s Real Estate Agent will provide a good faith effort to acquire the
rights-of-way through a negotiation process, which will generally consist of three
(3) contacts with the property owner, or his authorized representative. A
maximum of five (5) total contacts will be provided to reach an agreement with
the property owner, or to determine that further negotiations will be non-
productive and that eminent domain actions will be necessary to acquire the
property. If absentee owners are involved, the negotiations may be conducted via
telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or
other factors arise, which make it expedient, travel outside the project area to
meet with the absentee owners may be desirable. If such events arise, the travel
must be specifically authorized by the City. If such travel is authorized, the
expenses involved, including the agent’s services, will be considered additional
services.
5. The initial offer made to the property owner will be based on the value
authorized by the City. All counter-offers by the property owner, along with
ENGINEER’s Real Estate Agent recommendations will be presented to the City
for consideration. The City must establish and recommend such counter offers
before ENGINEER’s Real Estate Agent will be authorized to agree to the
requested changes. All monetary offers made to the property owners will be
within the limits authorized by the City in the various stages of the negotiation.
6. After reaching an agreement with the landowner on the consideration and all
other terms of the transaction, ENGINEER’s Real Estate Agent will forward to
the City a Memorandum of Agreement (M/A) executed by the property owner to
be ratified by the City. This M/A sets forth the compensation and any other terms
and conditions agreed upon. The City will be responsible for obtaining the City’s
ratification and for returning the ratified M/A to ENGINEER’s Real Estate
Agent. ENGINEER’s Real Estate Agent will then inform the Title Company that
the parcel is ready for closing.
7. ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to
deliver any payments to the Title Company prior to closing.
8. This Scope of Services assumes that costs for Title Commitments, Title Policies
and recording fees will be purchased by the City through the assistance of the
Real Estate Agent. The amount paid for the Title Policies will not exceed
premium amounts set by the Texas Department of Insurance and agreed upon in
advance between the City and the Title Company. Any additional Title
Company services such as recording fees shall be agreed upon in advance
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 13 of 14
between the City and the Title Company. ENGINEER’s Real Estate Agent will
review liens or other exceptions reported in the Title Commitment. ENGINEER
will coordinate the location and the effect of any utility easements. ENGINEER
will report the results of the Title Commitment to the City, recommending the
disposition of the exceptions. The decision whether the reported exceptions are
acceptable or must be eliminated will be the responsibility of the City. Any
action required to clear title is not included in the Scope of Work for this project,
and if required, will be considered Additional Services.
9. ENGINEER’s Real Estate Agent will coordinate and attend all closings at the
Title Company.
10. ENGINEER’s Real Estate Agent will confirm that the Title Company records all
documents at the Denton County Courthouse after closing.
11. ENGINEER’s Real Estate Agent will confirm that the Title Company forwards
copies of all recorded documents to the City.
Task 12 – CONFLICT ANALYSIS
A. Conflict Analysis
a. I-35 (from I-35E/I-35W split to Denton County Line) Schematic Review:
Review proposed TxDOT ROW maps and proposed roadway alignment
schematics as compared to the existing CITY water and sanitary sewer maps.
Identify potential conflicts between proposed TxDOT ROW, proposed roadway,
water and sanitary sewer utilities.
b. Site Visits to Conflict Areas: After conflict identification, perform site visit to
obtain additional information not shown on maps and schematics.
c. Coordination with CITY regarding conflicts between the future roadway
infrastructure and the CITY’s water and sanitary sewer infrastructure that creates
a service interruption that the CITY deems not in their best interest therefore
warranting a potential realignment of the roadway to avoid the conflict with the
water and/or sanitary sewer infrastructure.
d. Coordination with TxDOT regarding conflicts between the future roadway
infrastructure and the CITY’s water and sanitary sewer infrastructure that creates
a service interruption that the CITY deems not in their best interest therefore
warranting a potential realignment of the roadway to avoid the conflict with the
water and/or sanitary sewer infrastructure.
B. Deliverables:
a. Meeting notes and action items for each attending party from the coordination
efforts.
b. Conceptual map identifying conflicts and conceptual OPCC.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT ADESIGN SERVICES FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment A
Page 14 of 14
ADDITIONAL SERVICES NOT INCLUDED
IN THE EXISTING SCOPE OF SERVICES
City and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed, upon
the City’s written request. Any additional amounts paid to ENGINEER as a result of any material
change to the Scope of the Project shall be agreed upon in writing by both parties before the
services are performed. These additional services include, but are not limited to the following:
Redesign to reflect project scope changes requested by the CITY or TxDOT, required to address
changed conditions or change in direction previously approved by the CITY, mandated by
changing governmental laws, or necessitated by the CITY’s acceptance of substitutions proposed
by the contractor.
Additional Construction Site Visits
Additional Construction Shop Drawing and Sample Review and Comment
Additional Traffic Control Plan Details
Traffic signal design
Sidewalk design
Design of any offsite drainage improvements beyond the improvements identified in the scope
Preparation for and attendance at public meetings
Furnish additional copies of review documents and/or bid documents in excess of the number of
the same identified above.
Negotiation of temporary right-of-entries.
Services related to disputes over bid protests, bid rejection, and re-bidding of the contract for
construction.
Construction management and inspection services.
Performance of materials or specialty testing services.
Services necessary due to default of the Contractor.
Services related to damages caused by fire, flood, earthquake or other acts of God.
Services related to warranty claims, enforcement, and inspection after final completion.
Services related to Survey Construction Staking.
Services to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY.
Performance of miscellaneous and supplemental services related to the project as requested by the
CITY.
Retaining wall design
“Value engineering’” after bidding
Traffic studies or reports
SWPPP inspections / coordination
Any services not listed in the Scope of Services
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ATTACHMENT BCOMPENSATION FOR
IH-35E-MAYHILL - UTILITY-RELOCATIONS
City of Denton, Texas
Attachment B
Page 1 of 1
ATTACHMENT "B"
Compensation for Engineering Design Related Services for:
IH-35E-MAYHILL - UTILITY-RELOCATIONS
Total compensation for the ENGINEER contemplated under the terms of this agreement shall be
a total not-to-exceed $922,800 for all services including reimbursable expenses. The CITY shall
compensate the ENGINEER as follows:
For Tasks 1-12 the total compensation shall be on a reimbursable (hourly) basis and not to exceed
$922,800.
Progress payments for shall be paid monthly based on the actual work satisfactorily completed
per month in each phase, with the following amounts of the total compensation for each phase of
the Project:
Task 1 – Design Management $46,700
Task 2 – Alignment Study $51,400
Task 3 – Preliminary Design $171,000
Task 4 – Final Design $79,500
Task 5 – Construction Contract Documents $14,500
Task 6 – Bid Phase Services $18,700
Task 7 – Construction Phase Services $61,900
Task 8 – Record Drawings Preparation $10,100
Task 9 – Permitting $26,600
Task 10 – Survey and Easements $130,200
Task 11 – Easement Acquisition Services $277,200
Task 12 – Conflict Analysis $35,000
______________________________________________________________________________
Grand Total $922,800
ENGINEER will not exceed the total maximum labor fee shown without authorization from the
CITY. Individual task amounts are provided for budgeting purposes only. ENGINEER reserves
the right to reallocate amounts among tasks as necessary.
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks,
direct reimbursable expenses such as express delivery services, fees, air travel, and other direct
expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice
to cover certain other expenses as to these tasks such as telecommunications, in-house
reproduction, postage, supplies, project related computer time, and local mileage. Administrative
time related to the project may be billed hourly. All permitting, application, and similar project
fees will be paid directly by the CITY.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice
number and Kimley-Horn project number.
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
ID Task Name Duration Start Finish PredeceSuccessors1IH35E-Mayhill - Utility Relocations3117 daysMon 1/6/20Tue 12/16/312Notice to Proceed0 daysMon 1/6/20Mon 1/6/2053IH-35E-MAYHILL-UTILITY-RELOCATIONS506 daysMon 1/6/20Mon 12/13/214Alignment Study42 daysMon 1/6/20Tue 3/3/205 Data Collection2 wksMon 1/6/20Fri 1/17/20266Alignment Study Memorandum2 wksMon 1/20/20Fri 1/31/20577QAQC1 wkMon 2/3/20Fri 2/7/20688City Review1 wkMon 2/10/20Fri 2/14/20711,99Review Meeting1 dayTue 2/25/20Tue 2/25/2081010Revise Memorandum1 wkWed 2/26/20Tue 3/3/20913,12,1511Preliminary Design100 daysWed 3/4/20Tue 7/21/20812Geotechnical Investigation5 wksWed 3/4/20Tue 4/7/201013Survey4 wksWed 3/4/20Tue 3/31/20101414Preliminary Site Visit1 dayWed 4/1/20Wed 4/1/20131715Subsurface Utility Engineering (SUE)4 wksWed 3/4/20Tue 3/31/201016Preliminary Plans79 daysThu 4/2/20Tue 7/21/2017Breakdown Survey1 wkThu 4/2/20Wed 4/8/20141818General Sheets1 wkThu 4/9/20Wed 4/15/20171919Civil Sheets8 wksThu 4/16/20Wed 6/10/20182020Prepare OPCC2 daysThu 6/11/20Fri 6/12/20192121Site Visit1 dayMon 6/15/20Mon 6/15/20202222QA/QC2 wksTue 6/16/20Mon 6/29/20212323Revisions1 wkTue 6/30/20Mon 7/6/20222424City Review2 wksTue 7/7/20Mon 7/20/202327,2525Review Meeting1 dayTue 7/21/20Tue 7/21/20242826Final Design63 daysWed 7/22/20Fri 10/16/203927 Prepare Plans20 daysWed 7/22/20Tue 8/18/20243328General Sheets1 wkWed 7/22/20Tue 7/28/20252929Civil Sheets3 wksWed 7/29/20Tue 8/18/20283130Project Manual20 daysWed 8/19/20Tue 9/15/203331City Standard Specifications2 wksWed 8/19/20Tue 9/1/20293232Non-Standard Technical Specifications2 wksWed 9/2/20Tue 9/15/20313433 90% Submittal23 daysWed 9/16/20Fri 10/16/2027,3034OPCC2 daysWed 9/16/20Thu 9/17/20323535QA/QC1 wkFri 9/18/20Thu 9/24/20343636Revisions1 wkFri 9/25/20Thu 10/1/20353737City Review2 wksFri 10/2/20Thu 10/15/20363838Review Meeting1 dayFri 10/16/20Fri 10/16/20374039Construction Doc Preparation301 daysMon 10/19/20Mon 12/13/212640Plan Revisions1 wkMon 10/19/20Fri 10/23/20384141Project Manual Revisions1 wkMon 10/26/20Fri 10/30/20404242Final OPCC2 daysMon 11/2/20Tue 11/3/20414343Construction Doc Submittal1 dayWed 11/4/20Wed 11/4/20424544Bidding67 daysThu 11/5/20Fri 2/5/2145 Advertisement 11 wkThu 11/5/20Wed 11/11/20434646Pre-Bid Meeting1 wkThu 11/12/20Wed 11/18/20454747Advertisement 21 wkThu 11/19/20Wed 11/25/20464848 Bid Opening/Tabulation/Award Rec2 daysThu 11/26/20Fri 11/27/20474949PUB Recommendation4 wksMon 11/30/20Fri 12/25/204852,5050Council Award4 wksMon 12/28/20Fri 1/22/21495151Contract Doc Execution2 wksMon 1/25/21Fri 2/5/21505352Construction221 daysMon 2/8/21Mon 12/13/214953Preconstruction Meeting2 wksMon 2/8/21Fri 2/19/21515454Construction10 monsMon 2/22/21Fri 11/26/21535555Final Walk Through1 dayMon 11/29/21Mon 11/29/21545656Record Drawings2 wksTue 11/30/21Mon 12/13/21551/6NDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAM202020212022TaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyProgressDeadlineATTACHMENT D - NIH-35E-MAYHILL - UTILITY-RELOCATIONS- PROJECT SCHEDULEPage 1Project: 2018-04_100996-Clear-Fork_LSDate: Fri 10/25/19DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
Exhibit
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.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
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?
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?
Yes 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?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFC0B6CD2
Certificate Of Completion
Envelope Id: 532E6BC91D7D42AFAA55CB7DFC0B6CD2 Status: Completed
Subject: Please DocuSign: City Council Contract 6590-084 Mayhill I35E Utitliy Locations
Source Envelope:
Document Pages: 37 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Monisa Rogers
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Monisa.Rogers@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
12/2/2019 3:46:16 PM
Holder: Monisa Rogers
Monisa.Rogers@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Monisa Rogers
monisa.rogers@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 12/2/2019 3:52:01 PM
Viewed: 12/2/2019 3:52:12 PM
Signed: 12/2/2019 3:55:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 12/2/2019 3:55:48 PM
Viewed: 12/2/2019 4:19:19 PM
Signed: 12/2/2019 4:25:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 12/2/2019 4:26:02 PM
Viewed: 12/4/2019 10:31:24 AM
Signed: 12/4/2019 10:33:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Glenn Gary
glenn.gary@kimley-horn.com
Sr. Vice Presedent
Kimley-Horn and Associates, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 165.225.34.227
Sent: 12/4/2019 10:33:58 AM
Resent: 12/4/2019 8:23:08 PM
Resent: 12/5/2019 8:47:42 AM
Resent: 12/6/2019 9:53:03 AM
Resent: 12/10/2019 1:52:08 PM
Viewed: 12/4/2019 10:41:54 AM
Signed: 12/10/2019 1:58:36 PM
Electronic Record and Signature Disclosure:
Accepted: 9/5/2017 7:31:56 AM
ID: a4d44695-81cf-49e7-97f6-7553e995f64a
Signer Events Signature Timestamp
Frank Pugsley
frank.pugsley@cityofdenton.com
Water and Wastewater Utilities Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 12/10/2019 1:58:39 PM
Viewed: 12/10/2019 2:06:18 PM
Signed: 12/10/2019 2:06:31 PM
Electronic Record and Signature Disclosure:
Accepted: 12/10/2019 2:06:17 PM
ID: a3671544-6579-42d9-993c-4ef893f8d842
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 129.120.6.150
Sent: 12/10/2019 2:06:34 PM
Viewed: 1/15/2020 11:21:08 AM
Signed: 1/15/2020 11:21:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 1/15/2020 11:21:20 AM
Viewed: 1/15/2020 11:22:54 AM
Signed: 1/15/2020 11:23:01 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 129.120.6.150
Sent: 1/15/2020 11:23:06 AM
Viewed: 1/15/2020 1:41:44 PM
Signed: 1/15/2020 1:42:19 PM
Electronic Record and Signature Disclosure:
Accepted: 1/15/2020 1:41:44 PM
ID: e2dc406d-5b28-4cdb-9e71-58fac43e8c97
In Ierson Signer Events Signature Timestamp
Editor DeliverI Events Status Timestamp
Igent DeliverI Events Status Timestamp
IntermediarI DeliverI Events Status Timestamp
CertiIied DeliverI Events Status Timestamp
CarIon CopI Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/2/2019 3:55:47 PM
Electronic Record and Signature Disclosure:
CarIon CopI Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/10/2019 2:06:34 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2020 11:23:05 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tracy Holt
tracy.holt@cityofdenton.com
Administrative Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2020 1:42:23 PM
Viewed: 1/15/2020 3:27:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
John Atkins
john.atkins@kimley-horn.com
Security Level: Email, Account Authentication
(None)
Sent: 1/15/2020 1:42:25 PM
Viewed: 1/15/2020 1:45:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Iitness Events Signature Timestamp
IotarI Events Signature Timestamp
Envelope SummarI Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/15/2020 1:42:25 PM
Certified Delivered Security Checked 1/15/2020 1:42:25 PM
Signing Complete Security Checked 1/15/2020 1:42:25 PM
Completed Security Checked 1/15/2020 1:42:25 PM
IaIment Events Status Timestamps
Electronic Record and Signature Disclosure
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i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
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** These minimum requirements are subject to change. If these requirements change, we will
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