22-2303 - 7599-011 - Ordinance ExecutedORDINANCE NO. 22-2303
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH FLALFF ASSOCIATES, INC., FOR THE DESIGN OF THEWESTGATE DRIVE RECONSTRUCTION PROJECT FOR THE CAPITAL IMPROVEMENTS
DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-011 –PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO
HALFF ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $1,144,280.00).
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, this procurement was undertaken as part of the City’s governmental function;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 Halff Associates, Inc., for the design of the Westgate Drive Reconstruction Project
for the Capital Improvements Department, a copy of which is attached hereto and incorporated byreference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference
SECTION 5. This ordinance shall become effective immediately upon its passage andapproval.
The motion tLapprove this o.rdinance was made by q r fan beak andseconded by JeSSe thU b . This ordy the
following vote n - a
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
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Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the \& day of UWe,r,her 2022
MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn, o,I mon.corrTtaJF––-–Date: 2022.1 1.01 17:27:29
JUL ==en@citMd
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DENTON
Docusign City Council Transmittal Coversheet
7599-011PSA
File Name I Westgate DrIve ReconstructIon DesIgn
PurchasingC:or,tact c '’i p '"'‘
City Council Target Date NOVEMBER 15’ 2022
Not Applicab1 ePiggy Back Option
Contract Expiration
Ordinance
N/A
22-2303
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CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality("CITY"), and Halff Associates, Inc., with its corporate office at1201 NQrth B'wser Rd, RlchardsQn , T)and authorized to do business in Texas, ("ENGINEER"),for a PROJECT generally described as: Westgate Drive Reconstruction Project (the"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Exhibit A. These services shall be performed in connection withthe PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay 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 resultingfrom oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A.The ENGINEER shall be compensated for all services provided pursuant to thisAGREEMENT in an amount not to exceed $1,144,280 in the manner and in
accordance with the fee schedule as set forth in Exhibit B. Payment shall beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Exhibit 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 continuefor 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 tocompletion as described in the PROJECT schedule as set forth in Exhibit A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as setforth in Exhibit A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. 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 anybalance 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 willbe withheld from payment, and the undisputed portion will be paid. The CITYwill 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 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative underthis AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similarcircumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity forsubcontract 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 Exhibit A.
(2) in soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties insubsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of theENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink onreproducible 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 anymanner 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 CITYand/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 andcompleting all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority toexercise any control over any construction contractor or other entity or theiremployees 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 inExhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progressor quality of the completed work on the PROJECT or to determine, in general, ifthe work on the PROJECT is being performed in a manner indicating that the
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PROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon suchcertification 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 currentavailable information at the time of preparation, in accordance with Exhibit 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; andother 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 progresspayments to the construction contractor will be based on the ENGINEER's knowledge,information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent thatcontinuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that theENGINEER 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, orencumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiledand furnished by others, and may not always represent the exact location, type of variouscomponents, 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 afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advancenotice 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 CITYshall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy anydirectly pertinent books, documents, papers and records of such subconsultant,involving transactions to the subcontract, and further, that the CITY shall haveaccess 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 intendedaudits
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as ofthe time copying is performed.
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a.Commercial General Liability – the ENGINEER shall maintaincommercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial GeneralLiability insurance contains a general aggregate limit, it shall applyseparately to this PROJECT or location.
i.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall applyas primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The CommercialGeneral Liability insurance policy shall have no exclusions orendorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, oradvertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
11.ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained inaccordance with this AGREEMENT.
b.Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If theengineer owns no vehicles, coverage for hired or non-owned isacceptable.
1.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEERpursuant to this AGREEMENT or under any applicable autophysical damage coverage.
c. Workers’ Compensation – ENGINEER shall
compensation and employers liability insurance
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maintain workers
and, if necessary,
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commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00each 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 theextent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained byENGINEER 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 andaggregate. 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 yearsfollowing the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted tothe 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 itsexecution .
b.Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as itsinterests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contractedservices.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policiesdocumented thereon.
d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation or material change incoverage 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 sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
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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 strengthand solvency to the satisfaction of Risk Management.
g.Any deductible or self insured retention in excess of $25,000.00 thatwould 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. TheCITY, at it sole discretion, may consent to alternative coveragemaintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY
h. Applicable policies shall each be endorsed with a waiver of subrogationin 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 includingendorsements 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 aclaims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shallstate 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 orchanges from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained afterfinal payments.
1.The CITY shall not be responsible for the direct payment of anyinsurance 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. Whensub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on acertificate 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 superiorshall not apply.
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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 financialinterest, 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 thesigning 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 PROJECTto permit testing and evaluation.
(2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor 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 designcriteria and/or current engineering practice standards which the ENGINEER should havebeen 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 designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed perExhibit A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall 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 subjectedto discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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ENGINEER’s agents shall not engage in any discriminatory employmentpractice 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 theENGINEER'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 theCITY's facilities as may be required in connection with the ENGINEER’s services. TheCITY 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, andpay 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 theENGINEER'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, insurancecounselor, 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 ExhibitA
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes orbecomes aware of any development that affects the scope or timing of the ENGINEER'sservices 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
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materials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties 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, releaseor 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 materialssuppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, andsubcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITYwill 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 orperson regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide ENGINEER a copy of the
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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 requestedassistance 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, thisAGREEMENT 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 thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required forperformance 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 awritten 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 thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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 ofGod, 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 itsENGINEER.
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convenience upon 30 days' written notice to
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b.by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and thenonperforming party does not commence correction of suchnonperformance 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, theENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specificationsor other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document thework 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 theCITY an itemized statement of all termination expenses. The CITY'S approvalwill 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 theconvenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of theENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMiTrED BY THE ENGINEER OR ENGINEER’SAGENT. CONSULTANT UNDER CONTRACT. OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXrENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for anylitigation 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 suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws andregulations and with all City ordinances and regulations which in any way affect thisAGREEMENT 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 bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES 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 whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification 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 whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal andState 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 performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have theright to immediately terminate this AGREEMENT for violations of this provision by
City of Denton, Texas
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ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment 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 thecontract. The terms “boycott Israel” and “company” shall have the meanings ascribed tothose terms in Section 808.001 of the Texas Government Code. By signing thisagreement, Engineer certifies that Engineer’s signature provides writtenverification 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 therequirements 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
Sections 2252 and 2270 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 provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270,is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeign terrorist organizatIon. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energycompanies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By signIng this agreement, EngIneer certifies thatEngineer’s signature provides written verification to the City that Engineer: V)does not boycott energy companies; and (2) will not boycott energy companiesdurIng the term of the agreement. Failure to meet or maintain the requirementsunder this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
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Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the companythat it (1) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms“discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By sIgning this agreement, Engineer certifiesthat Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm tradeassocIation. Failure to meet or maintain the requirements under this provision will beconsidered a material breach.
P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets therequirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performanceof any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render theContract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, 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
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executed in one or more counterparts and each counterpart shall, for all purposes, bedeemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT:
Exhibit A - Scope of Services and Schedule
Exhibit B - Compensation
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 inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements thatcertain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed11/15/2022 by each party’s designated representative to be effective on
BY:CITY OF DENTON, TEXAS BY:ENGINEER
tlcx;uSigned bF
Son HtM1%
y, City Manager
Halff Associates, Inc
DocuSigned by:
b hIIL
15A9AE541 7
Date: 10/28/2022
ATTEST:
ROSA RIOS, CITY SECRETARY 2022-949744
TEXAS ETHICS COMMISSIONCERTIFICATE NUMBERD<x:uSlgned by:
BY: I RMARi%
IC5CA8C5EI 75493 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operationalobligations and business terms.
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
lt}H4B6745F...
D1 rector of Capita1 projects/Clty Engineer
Title
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 17 of 17
Capita1 projects/Englneeri ng
Department
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EXHIBIT ASCOPE OF SERVICES
forWESTGATE DRIVE RECONSTRUCTION
In
THE CITY OF DENTON
1.DESCRIPTION
The purpose of this project is to design the reconstruction and widening of Westgate
Drive from Windsor Drive to Bronco Way, considered North/South Westgate, and todesign permanent connectivity of Westgate Drive from Bronco Way to existing
Westgate Drive, considered East/West Westgate . It is anticipated that the North/South
Westgate will be a two-lane, 28-foot wide street section with curb and gutter and
East/West Westgate will be a four-lane, divided street section to match the Bronco
Way street section configuration. Pedestrian ramps shall be provided at all
intersections. Design will include a new eight-foot sidewalk located on the northboundside of North/South Westgate. Windsor Drive will also be widened from the
northbound 1-35E Frontage Road to the existing North/South Westgate and Windsor
Drive intersection to match the existing four-lane, divided street section configuration
east of the intersection. Drainage improvements and an 8” water line extension from
Coffey Drive to Bronco Way will also be provided. The scope of this project includes
topographic and boundary map design surveys, right-of-way appraisal and parcelpreparation, conceptual, preliminary and final design, construction plans,
specifications, opinions of probable construction cost, and bidding and constructionadministration services.
2. PROJECT MANAGEMENT
A. Manage the Team:
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members• Allocate team resources
B. Communications and Reporting:
•
•
•
•
Attend one pre-design project kickoff meeting with City staff to confirm andclarify scope, understand City objectives, and ensure economical and
functional designs that meet City requirements.
Conduct review meetings with the City at the end of each design phase. Upto three (3) total.
Prepare and submit monthly invoices in the format acceptable to the City.
Coordinate with franchise utilities as necessary for the design of the
proposed infrastructure and provide and obtain information needed to
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prepare the design. Includes up to two (2) franchise utility coordinationmeetings.
C, Data Collection:
(1 )Research and make efforts to obtain any additional design criteria,available GIS information, pertinent utility plans, street plans, plats andright-of-way maps, existing easement information, previous studies
prepared by others, as-built plans for portions of surroundinginfrastructure, historical drainage complaints and other information
available for the project area. This shall coincide with the project kickoffmeeting .
The City shall provide any existing available data concerning the Projectincluding as built plans for existing streets, drainage facilities, water and
sanitary sewer mains.The City shall also assist the Consultant, as necessary, in obtaining any
required data and information from TxDOT, DME and/or other local utilitycorrlpanles.The City will provide the following data / information to assist with traffic
projections:
(a) Development plans / future land use plansi. Plans for known developments to be located in the
area generally bordered by Interstate Highway (IH)35E Frontage Road, Westgate Drive, Windsor Driveand Bronco Way
ii. Future land use plan for the City
iii. Growth rate for future development / traffic projections
(b) Thoroughfare Plan
(c) Information related to planned / proposed roadway improvementprojects in the study area
(d) Historical traffic count data and future traffic projections in thestudy area, as available
(2)
(3)
(4)
3. DESIGN SURVEY
The Consultant shall provide surveying services, which, in general, may be defined as
normal services applicable to a project of this type. The following particulars will also
apply.
A.Vertical benchmarks shall be established such that all points of constructionshall be within 500 feet of an established City of Denton benchmark.
Benchmarks should not be subject to loss during construction. Fire hydrantsand similar appurtenances are not to be used for benchmarks. The surveyor
shall establish temporary benchmarks throughout the length of the project.
B. Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
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project. Coverage will extend beyond the proposed rights-of-way far enoughto integrate the design with the adjacent properties.
C. Existing property corners, iron pins, etc. shall be tied in order to establish
existing rights-of-way. Prior to surveying on private property, the surveyor shalsecure written permission from the property owners and/or tenant and shall
provide the City a copy of said written permission. Should only oral permission
be granted, the surveyor shall document the permission granted by letter to theproperty owner/tenant, with a copy to the City. If permission cannot beobtained, the City will assist, or other arrangements will be worked out.
D. Consultant shall use a combination of mobile LiDAR and conventional survey
as necessary to collect the field data. Feature extraction for the above two itemswill include the detailed list shown below in “Deliverables”.
Deliverables:
• Survey files will be delivered in MicroStation or AutoCAD CADD files
• Topographic survey will include a DTM with minor contours at 1-foot
intervals and major contours at 5-foot intervals and site planimetric alongthe route.
• Locate topographic features along with any above-ground features needed,
such as edges of pavement, curbs and gutter, sidewalks, building corners,
power poles, valves and other appurtenances.
4. RIGHT-OF-WAY REQUIREMENTS
The Consultant shall evaluate where right-of-way may be required.
A. Prepare a preliminary list of right-of-way parcels necessary to construct the
project (if any). Submit to the City of Denton as soon as possible and prior to
the final plan submittal.
B. Preparation of a Boundary Map/Right-of-Way Strip Map that will include:
•
•
•
•
•
•
•
•
•
City title block
Property owner name, address, and recording information of deed
Location of all existing property pins and monumentsLocation of easements of record
Existing rights-of-way
Location of proposed easement pinsEasement areas
Parcel numbers
All of the above shall be placed on standard plan sheets and bear the sealof a Texas Licensed Professional Engineer.
C, Meet with the City of Denton Staff to determine right-of-way requirements forpreparation of field notes and exhibits.
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D. A maximum of twenty (20) right-of-way parcels, two (2) permanent drainageeasements and ten (10) temporary construction easements may be required
for the project.
E. Individual Exhibits for each parcel shall be prepared to contain the following:
•
•
•
•
•
•
Area requiredParcel number
Property owner name, mailing address, and volume and page of deed
Existing easementsExhibits will be drawn to scale
All of the above shall be placed on one page of 8-1/2” x 1 1 ” paper, labeledas Exhibit “B“ and signed and sealed by a Texas Registered ProfessionalLand Surveyor.
F. Legal descriptions for each parcel shall reference the volume, page, and ownerof the parent tract and shall be incorporated into a standard City of Dentonconveyance document as Exhibit “A”. Individual parcels will be cross-referenced on the plans. Front end documents shall be provided by the City.
G. Submit right-of-way documents to the City and make necessary corrections.
H. Upon approval of the right-of-way by the City, and if required, the Consultant
shall stake and flag the right-of-way for inspection by the appraiser and property
owner. The documents, including legal description, shall be furnished to the
City in Microsoft Word and PDF format.
5. RIGHT-OF-WAY SERVICES
The Consultant shall provide Right-of-Way services, including acquisition services,negotiations, and property valuations which, in general, may be defined as normal
services applicable to a project of this type. The following particulars will also apply.
A. Project Administration:
(1) Initial Site Visita. ROW Consultant will visit project site with City Personnel.
(2) Communication:
a. Maintain status reports of all parcel and project activities and provide
weekly to City.b. Provide schedule of all areas of work indicating anticipated start andend dates
c. Attend weekly status meetings.
d. Prepare initial property owner contact list for use by City indistribution of ROW Consultant introduction letters.
(3) File Management:
a. Project and parcel files will be kept at the City. Working files will be
kept in the ROW Consultant’s project administrative office, but
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documents generated or received by the ROW Consultant will be
forwarded to the City as they are generated or received by the ROWConsultant
Prepare invoices utilizing City standard payment submissions forms
with supporting documentation.
Maintain records of all payments including warrant/check number,amount, and date paid, etc.Maintain copies of all correspondence and contacts with propertyowners
b
C.
d.
B. Title and Closing Services:
(1) Secure preliminary title commitment or preliminary title search and 5-
year sales data from the title company that will be providing title insurance.a. The charges from the Title Company for the preliminary titlecommitments will be paid by the City and are not be included in the
Consultant’s negotiated fee schedule.(2) Secure title commitments updates in accord with insurance rules and
requirements for parcel payment submissions. The charges from the TitleCompany for the update of the title commitment will be paid by City
and should not be included in the Consultant’s negotiated fee schedule.(3) Secure title insurance for all parcels acquired, insuring acceptable titleto City. Written approval by City required for any exception. The
charges from the Title Company for the update of the title insurance will
be paid by City and should not be included in the Consultant’s negotiatedfee schedule
(4) The curative services necessary to provide clear title to the City is the
responsibility of the Consultant and is to be included in the negotiated feeschedule for this service. Note: the Consultant’s curative services do not
include cost/expenses that qualify as payment of incidental expenses totransfer real property to the City.
(5) The Consultant has the responsibility of direct contact with the Title
Company to obtain an updated title commitment along with other formsand certified copy of the instrument of conveyance when requesting theParcel Payment from the City.
(6) The Consultant provides closing services in conjunction with the Title
Company and at the discretion of the City may be required to attendclosings.
(7) Any fee related to obtaining certified court documents and fees for recording
same which are not collected at the closing of the parcel shall be direct passthrough fees.
(8) Consultant shall cause the recordation of all original instruments
immediately after closing at the respective County Clerk’s Office. The costof recording fees and filing fees are paid by the City and should not beincluded in the Consultant’s negotiated fee schedule.
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C, Negotiation Services:
(1 ) Analyze appraisal and appraisal review reports and confirm City’s approvedvalue prior to making offer for each parcel.
(2) Analyze preliminary title report to determine potential title problems,propose methods to cure title deficiencies.
(3) Prepare and send the letter transmitting the Landowners’ Bill of Rights
by Certified Mail-Return Receipt Requested (CMRRF!).
(4) Prepare the initial offer letter, memorandum of agreement, instrumentsof conveyance, and any other documents required or requested by
City on applicable forms.
(5) Contact each property owner or owner’s designated representative, to
present the written offer in person where practical, and deliverappraisal report and required brochures. Maintain follow-up contacts
and secure the necessary instruments upon acceptance of the offer forthe closing.
(6) Provide a copy of the appraisal report for the subject property exclusively to
the property owner or authorized representative at the time of the offer.Maintain original signed Receipt of Appraisal for billing purposes.
(7) Respond to property owner inquiries verbally and in writing within two
business days.(8) Prepare a separate negotiator contact report for each parcel percontact on approved form.
(9) Maintain parcel files of original documentation related to the purchase of thereal property or property interests.
(10) Advise property owner on the Administrative Settlement process.
Transmit to City any written counter offer from property owners including
supporting documentation, and Consultant recommendation regarding
Administrative Settlements in accordance with City policy and procedures.
(11) Prepare final offer letter, documents of conveyance as necessary.
(12) Appear and provide Expert Witness testimony as a Consultant whenrequested. The cost of the Consultant’s expert witness testimony for trial is
not part of this contract.
(13) Issue Property Owner’s Survey to property owner.
ADDITIONAL RIGHT-OF-WAY SERVICES
Additional services to be performed by Consultant, if authorized in writing by the City,which are not included in the above-described Basic Services, are described below:
D. Relocation Assistance Services for Residential, Business, Personal Property,Mini Storage Units and Outdoor Advertising Signs
(1) Notify all Displacees and potential Displacees of eligibility for relocationassistance. At the time of initial contact, provide Displacees with a
Relocation Assistance Packet consisting;
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a. Page one of the Relocation Advisory Assistance – Parcel Recordform
b. Displacee Move Planc. Certification of Eligibilityd. Relocation Assistance Brochure
(2) Provide on-going relocation assistance and advisory services to Displacees
affected by acquisition of the property and deliver a completed RelocationAdvisory Assistance – Parcel Record form signed by the Displacee to theCity
(3) Locate, evaluate, and maintain files on comparable available housing to
complete Right of Way Acquisition Services Contract.
(4) Compute and submit request for relocation housing/rental supplement to
the City Project Manager on the Supplemental Payment Estimate,
Replacement Housing form with supporting Residential PropertyEvaluation forms with photos attached.
(5) Provide 90-day notice to vacate, if required by the City, simultaneous
with the delivery of relocation benefits package.
(6) Provide 30-day notice once property has been acquired by the City. Note:
the Displacee must be given no less than 90-day notice.(7) Notify the City Project Manager immediately if Displacee does not move
after the 30-day notice expires.
(8) Perform a decent, safe, and sanitary inspection of the replacement
housing in accordance with City and State of Texas policy.Prepare and complete Replacement Housing Inspection form and submit
to the City Project Manager.
(9) For non-residential moves, Negotiated Self-Moves:a. If a moving plan exceeds $20,000, prepare moving plan with
appropriate photos and sketches along with inventory of personalproperty to be moved for non-residential moves. This is required for
pre-approval by the City.
b. If the moving plan for a Negotiated Self-Move is less than $20,000
the Consultant must submit Negotiated Self-Move Request with
moving plan for the business owner or tenant. This includes photos,written inventory list, type of move requested, and project movedate
(10) For all Negotiated Self-Moves, the Consultant is responsible for
requesting moving estimates from moving companies. Moving estimates
must be obtained by the Consultant and not the Displacee. Moving
estimates must be prepared in writing and in the name of City and not theConsultant.
(11) Coordinate and monitor moves
business owners, and tenants and with moving companiesaccordance with State and City procedures.
(12) Maintain relocation contact logs on Relocation Advisory Assistance -Parcel Record form journaling aII attempted and completed contacts
with displaced homeowners,
In
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with all parties. This includes descriptions of the reasons and outcomefor each contact.
(13) Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
(14) Process and compute increased interest payments as required.
(15) Relocation agent shall be available for any appeals or hearings.For this assignment, the fee for preparation and testimony will be a
reasonable hourly rate, preapproved in writing by the City Project Manager.
(16) Prepare all relocation payment claim submissions for all Displacees inaccordance with State and City guidelines.
(17) Deliver warrants in accordance with City guidelines.
(18) Issue Relocation Survey to all Displacees.(19) Provide an executed Certification of Eligibility form with all Displaceeclaims.
E. Condemnation Support:
Consultant shall not act as the attorney for condemnation purposes. City mustself perform legal services or contract with third party attorney. Consultant
shall provide those support services to City or to City’s attorney as describedbelow:
(1 ) Pre-Hearing Support
a. Request updated Title Commitment from title Company.
b. Use information from the Title Commitment to identify interested
parties.+
c. Submit information packet as requested by Condemning Attorney.
d. Request update of appraisal.File original petition with County Court at Law or other appropriate
Court for a cause number to be assigned
File Lis Pendens including the cause number with the County Clerk’sOffice
e
f
g. Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for thefiles
Following appointment of Commissioners by the judge, secure
Oath of Commissioners signed by the Commissioners, Order
Setting Hearing and Notice of Hearing signed by theCommissioners
h
File all originals with the court and send copies to City andCondemning Attorney.
i
(2) Post-Hearing SupportFile Award of the Commissioners with the court for the Judge’ssignature within 48 hours of hearing, unless on Friday or before a
holiday when court will not be open.
Obtain certified copy of Award and provide to City with request for
funding in amount of Award .
a
b
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c. Obtain Commissioners’ Fees and submit to City for payment.d. File Award payment in registry of the court, file Notice of Deposit with
the court and send certified copies to each defendant notifyingthem of the date of deposit. The Date of Deposit is the Date ofTake
e. Send written notices of the date of deposit to the City and allinterested parties.
* Updated Title Commitments shall be paid directly by City. Please referto B. Title and Closing Services.
F. Relocation Appeal(s):
(1 ) Assist City with coordination of appeal process.a. Submit appeal to City for review.
b. Provide supporting documentation.
G, Eviction Process:
(1 ) Assist City with Eviction Process
a. Maintain paperwork necessary for filing eviction.
b. File necessary documents with court.
c. Attend Hearing(s).
H. Disposal of Property Services:
(1) Provide a Release of Property to the City Project Manager signed by the
former owner stating that all personal property has been removed and
any remaining items belong to the City.(2) Provide the City Project Manager a copy of the plat and field notes,photographs of the property in a PDF format, a copy of the
appraisal, and the Release of Property form when buildings arevacant and ready for disposal. The City Project Managerwill initiatethe environmental surveys as needed.
I. Initial and Update Appraisal Service:
(1)Appraisers should provide advance notice of the date and time of theirappraisal inspections of the subject property to the Consultant’s Project
Administrator in order to coordinate the appraiser’s inspection.
(2) Secure written permission from the owner to enter the property
from which real estate is the be acquired. If the Appraiser, after diligenteffort, is unable to secure the necessary letter of permission from
the property owner, a waiver must be obtained in writing from theCity
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(3) Prepare and conduct personal pre-appraisal contact with interestowner(s) for each parcel using acceptable City forms.
(4) Contact property owners or their designated representative to offer
opportunity to accompany the appraiser on the appraiser’s inspectionof the subject property. Maintain record of contract in file.(5) For the initial appraisal, prepare complete appraisal report for each
parcel to be acquired. These reports shall conform to City policies
and procedures along with the Uniform Standards of ProfessionalAppraisal Practices as promulgated by the Appraisal Foundation.
(6) For an updated appraisal, prepare complete appraisal update for the
parcel to be acquired. These reports shall conform to City policies and
procedures along with the Uniform Standards of Professional AppraisalPractices
(7) As necessary, prepare written notification to the City of any
environmental concerns associated with the right of way to be acquired,
which could require environmental re-mediation.
(8) All completed appraisals will be administratively reviewed by the City
staff and recommend for approval by the City staff.
a. City staff coordinate with Consultant’s review appraiser (if
applicable) regarding revisions, comments, or additional
information that may be required. The Consultant’s review
appraiser will then coordinate with the appraiser.
(9) As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may berequired .
(10) The fees for initial and updated appraisal assignments are basedon separate appraisal assignments.(11) Beyond delivery of initial and update appraisal assignments, theappraiser can be called to provide preparation and testimony for aSpecial Commissioners Hearing. For this appraisal assignment, thefee for the preparation time and testimony must be based on thehourly rate shown in the Consultant’s Fee Schedule.
J. Miscellaneous:
(1 ) Testimony for Hearing(s) or appeals.
(2) Document/Form establishment.(3) Reporting outside of typical status reports.
RIGHT-OF-WAY SERVICES BY CITY/CONSULTANT EXCLUSIONS
Services to Be provided by the City include, but are not limited to the following:
(1) Provide timely reviews and approval of submissions.
(2) Process and issue all warrants for payment of approved purchase pricesfor each parcel, relocation payment, and incidental expense involved inthe transfer of property to City in accordance with State law.
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(3) Provide a copy to the Consultant’s performance evaluation at end of
project or as needed throughout the project.
(4) Initiate, coordinate, and administer environmental investigation surveys.(5) Provide Bill of Sale for disposal of improvements.
(6) Pay direct costs of preliminary title commitment, updates and title
insurance for all parcels acquired.
(7) Provide Review Committee for Relocation Appeal(s).
6. GEOTECHNICAL ANALYSIS/PAVEMENT DESIGN
The Consultant will subcontract with a Geotechnical engineering firm to provide sub-
surface soil investigation, testing and pavement design including the following:
•
•
Soil investigations, including field and laboratory tests, borings, relatedengineering analysis and recommendations for determining soil conditionswill be made
Borings shall be of sufficient depth and spacing to provide generalinformation needed for the design and construction of the project. Fifteen(15) borings will be advanced to a depth of 1 2 feet below the existing surfacethe roadway.Testing will be in accordance with ASTM or TxDOT procedures. The
specific types and quantities of tests will be determined based on geologicconditions encountered in the borings. Laboratory testing will includemoisture content, soil classification according to USCS, Atterberg limits andCalifornia bearing ratio. In the event the subgrade requires lime treatment
the optimum percentage of lime will be determined by the Eades and GrimpH test
An engineering report will be prepared by a registered engineer and will
present the results of the field and laboratory data together with analyses ofthe results and recommendations. The report will address:
o General soil and groundwater conditions encountered at the boringlocations
o An evaluation of the swell characteristics of the subgrade soils
o Recommendations for pavement subgrade preparationo Recommendations for pavement designo Earthwork recommendations
•
•
Deliverables:
• Boring logs with location map
• Soil testing results
• Geotechnical report
7. SUBSURFACE UTILITY ENGINEERING
Halff will perform SUE in accordance with ASCE CI/ASCE 38-02 “Standard Guideline
for the Collection and Depiction of Existing Subsurface Utility Data.” This standard
defines the following Quality Levels:
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•Quality Level-A: Precise horizontal and vertical location of utilities obtainedby the actual exposure (or verification of previously exposed and surveyedutilities) and subsequent measurement of subsurface utilities, usually at a
specific point. Minimally intrusive excavation equipment is typically used tominimize the potential for utility damage. A precise horizontal and verticallocation, as well as other utility attributes, is shown on plan documents.
Quality Level-B: Information obtained through the application of appropriatesurface geophysical methods to determine the existence and approximate
horizontal position of subsurface utilities. Quality Level-B data should bereproducible by surface geophysics at any point of their depiction. Thisinformation is surveyed to applicable tolerances defined by the project and
reduced onto plan documents.
Quality Level-C: Information obtained by surveying and plotting visibleabove-ground utility features and by using professional judgment in
correlating this information to Quality Level-D information.Quality Level-D: Information derived from existing records or oralrecollections.
•
•
•
A.Quality Level-A Utility Test Holes (Vacuum Excavation): Up to ten (10) testholes will be performed on various utilities at locations approved by the City ofDenton. Halff will cut up to a 12” square test hole, excavate down to utility,
record the depth to top of utility, backfill & compact the hole, and restore thesurface to its original condition. An iron rod with cap or “x-cut” will be set tomark the approximate centerline location of the utility. A jackhammer will be
utilized for work to be performed in asphalt and concrete areas.
B.Quality Level-B Utility Designating: Halff will designate the approximate
horizontal position of conductive/toneable utilities within the project limits usinggeophysical prospecting equipment and mark using paint and/or pin flags. Weanticipate the designation of approximately 50,000 linear feet of utilitiesincluding buried communication, electric, natural gas, water, and wastewater/sanitary sewer. Designation of storm drain/storm sewer, irrigation lines,HDPE lines, gathering lines, asbestos concrete and/or pvc lines, as well as pvclines without tracer wire or access are not part of this Scope of Services.
C. Because of limited utility record information and the possibility of non-
conductive/un-toneable utilities, Halff cannot guarantee all utilities will be foundand marked within the project limits.
D. Quality Level-C Surveying: Quality Level-B Utility Designation paint markings,
pin flags, and above ground utility appurtenances as well the iron rod with capor “x-cut” for Quality Level-A Test Holes will be surveyed and tied utilizingproject survey control.
E. Quality Level-D Records Research: Available Records will be provided to Halff
by City of Denton. Halff will perform additional utility record research as needed
to successfully complete the project.
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F.Because there are situations where the utility does not have a metalliccomposition, a metallic tracer line attached, or access to insert a tracer line, the
approximate location of the utility may be determined by the use of utilityrecords and direct correspondence with the utility owner/representative. Inthese areas, the information will be considered Quality Level-D, depicted
according to utility record information only.
G. SUE Field Manager / Professional Engineer: A SUE Field Manager will be on-site for a portion of this project for field crew supervision, field quality control,and coordination with on-site personnel. A Professional Engineer will beresponsible for QA/QC, management of the contract, coordination with the
project team and signing the final deliverables if required.
H. Permitting: Street Cut permits will be coordinated with the City of Denton asrequired .
1.Work Zone Traffic Control: Halff will provide standard temporary work zone
traffic control consisting of cones and free-standing signage for this project.This Scope of Services does not include lane closure(s), flag person(s),changeable message board(s), arrow board(s) and/or engineered traffic controlplans
Deliverables :
• Deliverables for the designating work will include an electronic file (Microstation
and/or AutoCAD format) containing the horizontal locations of the utilities. Theutilities will be overlaid onto the survey base file.
• Deliverables for the Quality Level-A Test Hole Excavations will be an 8.5-in. x11-in. Test Hole Data Form for each Test Hole performed indicating depth, size,
locations, and other notable characteristics of the utility.
8.DRAINAGE STUDY
Consultant shall perform a floodplain analysis related to a roadway improvementproject. The study aims for analyze impacts to the Pecan Creek (Above SCS Dam
#16) floodplain along Westgate Drive (PROJECT). The purpose of the floodplainanalysis is to ensure no negative impacts to the effective floodplain due to the
proposed roadway improvements. Based off the effective FIRM (48121C0360Geff. 4/1 8/2011 ), there is an effective Zone AE with floodway and established BFEs
downstream of the site, but upstream of the site there is a Zone A floodplain that
likely does not have existing modeling. The downstream Zone AE model will haveto be extended upstream of the project to evaluate the impacts of the project. This
scope assumes the following for the PROJECT:
• PROJECT will be kept within the area shown in Figure 1 ;
• The ultimate (future) hydrologic conditions from the Pecan Creek and North Pecan
Creek Watershed Study and Alternative Analysis (Halff 2021) will be used. It is
assumed no new hydrology will be performed as part of this study;• Per the previously mentioned study, the contributing drainage area for thePROJECT is less than one square mile. Therefore, per Section 3.8.1 of the Cityof Denton Stormwater Design Manual, a CLOMR/LOMR or Flood Study may be
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performed. This scope assumes no CLOMR/LOMR will be needed, since BFEsare already established, and a Flood Study will be performed;
The FEMA effective model for Pecan Creek (Above SCS Dam #16) will be usedfor the hydraulic analysis. If this model is not available, then additional services
and fees would be required to develop a pre-project model.
•
!BT;x ,_ ::--fi
Figure 1. PROJECT Limits
J. PROJECT MANAGEMENT
(1 ) Coordinate with design team.
(2) Meetings with CLIENT. Includes a maximum of three meetings (3).
K. DATA COLLECTION AND TERRAIN DEVELOPMENT
(1) Process best available Texas Natural Resources Information System(TNRIS) LiDAR for the PROJECT area.
(2) Develop a Digital Terrain Model (DEM) and contours.
(3) Utilize topographic survey (to be provided by ENGINEER).
L. HYDROLOGIC ANALYSIS
(1) Utilize drainage areas from Pecan Creek and North Pecan CreekWatershed Study and Alternative Analysis (Halff 2021 ).
(2) Obtain flows from report and models for use in hydraulic modeling.
M. HYDRAULIC ANALYSIS
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(1) Obtain the FEMA effective model for Pecan Creek (Above SCS Dam 16). IfFEMA or CLIENT cannot provide the effective model, then additional
services and fees will be required to develop a pre-project model for thereach
(2) Execute the Effective Model to verify its integrity.
(3) Create revised existing model by incorporating updated survey into the
existing model.
(4) Using the 30, 60, 90, and 100% civil design drawings, create a proposedconditions hydraulic model. Up to two (2) design alternatives will be
analyzed .
(5) Execute and debug the model.
(6) Perform QAQC on results and hydraulic model.
(7) Address QAQC comments.
N. FLOOD STUDY REPORT
(1) Write, edit, and compile a flood study report detailing the results of thefloodplain analysis. It is assumed no FEMA CLOMR or LOMR will beneeded .
(2) Submit key digital data, including modeling and GIS layers. The report anddata will be submitted to the CLIENT.
(3) Deliverables: Flood Study Report, in PDF format, and all relevant digitaldata
(4) Address any review comments with the CLIENT, if necessary.
9 CONSTRUCTION PLANS
The Consultant shall develop construction plans for review, permitting, bidding,
construction, inspection and record keeping. In general, construction plans shall be
consistent with normal practice for projects of this nature. The construction plans willconsist of numerous sheets ordered as follows:
A Cover Sheet and Sheet Index: The cover sheet shall include a location map.Additionally, the cover sheet shall show the project name, project number, date,
City logo, Consultant’s name, address, and telephone number and other itemsas may be specified. Following the title sheet shall be a sheet index with
drawings numbered consecutively and without subscripts.
B. Project Layout Sheet(s): The project layout sheet(s) will be laid out with the
north arrow up or to the right. The purpose of the project layout is to depict theproject in a simplified view. Major items of work will be shown without excessive
detail. Additionally, survey control points shall be shown.
C. Project General Notes and Legend: These sheets will include a listing ofabbreviations, legend, and general notes.
D. Typical Sections: Typical sections shall be drawn to depict a view looking north
or east. As a minimum, typical sections will be drawn showing the relationship
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of the proposed street and existing and proposed improvements. Typicalsections will include existing roadways, right-of-way lines, etc., along with all
proposed roadway improvements and will depict all significant items of work.
E.Plan and Profile Sheets (Paving, Storm Drain and Water): Plan-profile sheets
will be arranged from south to north and from west to east, with the north arrowup or to the right on the sheet. Stationing will be from south to north or west toeast with the beginning station being set at approximately 1+00. The plan andprofile station will align vertically on the sheet with the proposed centerline
drawn parallel to the profile grid . When there is a centerline curvature, the plan-profile should be drawn so that as much of the plan view is in alignment as
possible. Plan-profile sheets shall depict all existing and proposed itemspertinent to the project. Water line profiles shall only be provided for lines 12-inch and larger. Lines smaller than 12-inch shall be designed in plan only.
F. Grading Plans: Halff will provide grading plans that include 1’ proposedcontours with spot elevations labeled at PC, PT, PI, drainage structures and
maximum 50 feet spacing.
G. Drainage Plans: Halff will provide a drainage area map and calculations to
support the design of a closed conduit system and determine any additionalinlets needed to appropriately convey runoff for the street corridor. Existingstorm drain infrastructure will remain in place wherever practicable.
H. Roadway Illumination Plans: Halff will provide illumination layout plans,
electrical circuit plans and details for roadway lighting system. These plansshall include street illumination and safety lighting at all intersections and other
locations as necessary to meet City standards for spacing. A photometric studywill not be provided.
I Detail Sheets: The City’s standard drawings will be used as a beginning pointin developing standard details for this project. They will be reviewed andmodified for this project. Where other agency standards are used, they shallbe reduced as necessary to fit on the City’s standard sheet format with
complete title block.
J, Miscellaneous: Construction plans will also address erosion control, utilityadjustments, traffic control (including phasing, detours, road closures, signing,barricading, etc.), pavement markings and signage, and other improvements.
K Cross Sections: Cross sections shall be arranged from bottom to top of the
sheet looking up station and shall show existing and proposed features andimprovements. Generally, no more than eight (8) sections per sheet are to beplotted. Each section should extend beyond the easement and rights-of-way asufficient distance to clearly show the relationship between the proposedimprovements and the existing properties. Full sections will be drawn atmaximum spacings of 500 feet.
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L.Review Plans: The Consultant shall develop conceptual plans and profiles andestimates of probable cost for the 30% milestone. A rolled schematic will beprovided for review and comment and to determine the feasibility of the project
and confirm constructability and cost prior to developing preliminary plans.Preliminary plans shall then be prepared and submitted at the 60% milestone.Final plans shall be prepared and submitted at the 90% and 100% milestone.
Also, the Consultant may submit plan sheets or working drawings to the Cityfor review and comment to reduce the number of revisions that otherwise would
be required. During development of the plans, the Consultant shall attend
meetings as needed. The Consultant shall, in company with the City, performat least one plans-in-hand review for each submittal. Deliverables for each
design submission are as follows:
(1 )30% Design Package
(a) Roll schematic depicting plan layout for roadway and storm drainconduit
(b) Typical Sections(c) Letter report summarizing the design criteria utilized, and
assumptions made during preparation of the conceptual design.
The report will also address design constraints discovered duringthe preliminary alignment preparation
(d) Engineer’s Preliminary Estimate of Probable Construction Cost
60% Design Package
(a) Information provided in previous design package revised per Citycomment
(b) Cover sheet, sheet index and legend, general notes(c) Project layout and control
(d) Right-of-Way Map sheets(e) Demolition plans
(f) Roadway, storm drain and water line plan and profile sheets
(g) Drainage area map, hydraulic and inlet computations(h) Preliminary grading plans
(i) Roadway cross-sectionsa) Engineer’s 60% Preliminary Estimate of Probable ConstructionCost
90% Design Package(a) Information provided in previous design package revised per Citycomment.
(b) Traffic control and phasing sheets
(c) Roadway Illumination plan sheets
(d) Pavement markings and signage
(e) Erosion control plans(f) Project detail sheets
(g) Project manual and technical specifications.(h) Engineer’s 90% Pre-Final Estimate of Probable ConstructionCost
100% Final Design Package
(2)
(3)
(4)
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(a) Information provided in previous design package revised per Citycomment, signed and sealed for bidding.
(b) Engineer’s 100% Final Estimate of Probable Construction Cost
M. Design: The design of the project shall be in general accordance with the Cityof Denton ordinances, standard details, and good Consulting practices. During
the design phase, the Consultant shall contact various utility companies and
obtain information relating to existing utility lines. The design should avoidmajor utility relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
N Prints: One (1)11x17 set of plans and electronic files in PDF format shall besubmitted to the City for each review stage. The Consultant will upload a set ofplans in PDF format to the City’s PROCORE submission software at each
project milestone. The Consultant will provide utility companies with electronicPDF files of 60% plans for review. The City shall provide local utility contactinformation to assist with distribution.
O, General: Construction plans shall be furnished half-size. The Consultant will
provide one 11x17 set of vellum plans and electronic pdf files for bidding andconstruction. The City’s standard format shall be used. Electronic files in PDFand DGN or DWG format shall be provided to the Contractor for use duringconstruction .
P. Generic Sheet List: Following is a general list of plan sheets required for each
construction package.
(1 )
(2)(3)
(4)
(5)(6)
(7)
(8)
(9)(10)(11)
(12)(13)(14)
(15)
(16)(17)(18)(19)
(20)(21 )
Cover Sheet
Sheet Index and Legend
Project General NotesTypical Paving Sections
Project Layout Sheet(s)Right-of-Way MapsDemolition Plans
Paving Plan and Profile Sheets
Grading Plans
Drainage Area Map and CalculationsStorm Drain Plan and Profile SheetsWater Line Plan Sheets
City of Denton Pavement Standard DetailsMiscellaneous Pavement Details
City of Denton Storm Drain Details
City of Denton Water Line DetailsErosion Control Plans
City of Denton Erosion Control Details
Pavement Markings, and Signage Plans and DetailsRoadway Illumination PlansIllumination Tables and Details
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(22) Traffic Control and Sequencing Plans
(23) Traffic Control Details(24) Roadway Cross Sections
Q. Specifications: The Consultant shall prepare a project manual and technicalspecifications required for bidding and constructing the project. The projectmanual will be provided in the City’s standard format. Only specifications
amending or supplementing the City’s specifications need be furnished. Projectmanual, specifications, bid items and quantities shall be furnished on hard copy
and by electronic file.
10. PERMITTING
The Consultant shall prepare applications to the Texas Department of Licensing andReview (TDLR) for code review of sidewalks and ramps. After construction the
Consultant shall notify TDLR of completion date. Consultant shall address any
questions or issues by TDLR as a result of review and inspection. TDLR review andinspection fees are included in this proposal.
The Consultant shall prepare construction plans permit set to submit to TxDOT for
approval to allows Westgate Dr. and Windsor Dr. improvements in TxDOT Right-of-
Way as they pertain to connections to the northbound frontage road .
11. BID AND CONSTRUCTION PHASE ENGINEERING ASSISTANCE
A. Bidding – During the bidding phase, the Consultant will prepare bid documentsand assist the City in advertising the project for bids. The Consultant willaddress technical questions and prepare addenda and issue to the bidders.The Consultant shall attend a pre-bid meeting and prepare minutes. TheConsultant will tabulate bids and make recommendation for award of contract.
B. Construction:
(1 )
(2)
(3)
(4)
(5)(6)
Attend a pre-construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
Review shop drawings and Contractor submittals.Review laboratory test reports on materials and equipment.Prepare and negotiate Change Orders between the Contractor and theCity
Prepare record drawings from information supplied by the Contractor.Attend final inspection and assist in preparation of a punch list report.
C. Closure – The Consultant shall prepare “record” plans, incorporating allchanges and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished in.pdf format.CADD files shall be furnished as well.
12. TRAFFIC STUDY & DESIGN
Based on correspondence with the project team, Halff Associates, Inc. (Halff) willconduct an Intersection Alternatives Evaluation (Phase 1 ) for the proposed Westgate
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Street / Bronco Way intersection in Denton, Texas. Halff will also conduct a TrafficSignal Warrant Study and prepare traffic signal design plans for the intersection, ifwarranted (Phase 2).
If the City of Denton requires task items outside of this scope, Halff will prepare anadditional services agreement for authorization by the City prior to initiating thoseitems
PHASE 1 - INTERSECTION ALTERNATIVES EVALUATION
TASK 1.0 DATA COLLECTION
1.1
1.2 Conduct a site visit to check roadway conditions in the study area.
Conduct weekday AM and school and commuter PM peak period turningmovement traffic counts (7:00 – 9:00 AM and 2:00 – 6:00 PM) at thefollowing intersections:
1.2.1 Northbound IH 35 frontage road / Westgate Drive1.2.2 Windsor Drive / Westgate Drive1.2.3 N. Bonnie Brae Street /Riney Road / Bronco Way
1.3
1.4
Conduct weekday 24-hour bi-directional link volume traffic counts at the
following locations:
1.4.1 Westgate Drive between the northbound IH 35 frontage road and theretail center driveway1.4.2 Westgate Drive north of Windsor Drive1.4.3 Bronco Way west of N. Bonnie Brae Street
1.5 Acquire the following information from the City of Denton:
1.5.11.5.21.5.31.5.4
1.5.5
1.5.6
1.5.7
Plans for future roadway improvements in the study areaHistorical traffic count data in the study area
Planned or proposed developments in the study area
Growth rate for projecting future traffic volumes in the study areaRates for existing traffic volumes to account for school and / orCOVID-19 impacts, as applicableThoroughfare planFuture land use plan
TASK 2.0 ANALYSIS
2.1
2.2
Identify existing AM and school and commuter PM peak hour volumes atthe study intersections listed in Task 1.2, based on the traffic count datacollected in Task 1 .2.
Develop projected weekday AM and school and commuter PM peak hour
turning movement traffic volumes at the future Westgate Drive / Bronco Wayintersection for the Build Out scenario. Build out year to be determined inconsultation with the City.
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2.3 Conduct weekday AM and school and commuter PM peak hour intersectionlevel of service (LOS) analyses at the Westgate Drive / Bronco Wayintersection using the Build Out scenario volumes development in Task 2.2.Evaluate up to three intersection configurations, to be determined inconsultation with the City.Address pedestrian routing at the Westgate Drive / Bronco Wayintersection .
Address school access and potential queuing along Westgate Drive southof Bronco Way.
Work with the City and project team to determine a preferred intersection
configuration, including traffic controls and lane assignments.
2.4
2.5
2.6
TASK 3.0 REPORT PREPARATION
3.1
3.2
3.3
3.4
Prepare a preliminary draft technical report that addresses the findings inTasks 1 and 2
Submit a copy of the draft report to the City and project team for review andcomment
If necessary, revise the report once based upon comments from the Cityand project team.
Prepare a final version of the technical report and submit to the City.
TASK 4.0 CONFERENCE CALLS
4.1 Attend up to three conference calls with City staff and / or the project teamto discuss the traffic study.
SERVICES NOT COVERED – INTERSECTION ALTERNATIVES EVALUATION
The services stipulated below are specifically excluded from the scope of this
contract. In the event additional services are required, an addendum to this contract
will be required before work can proceed. Additional services include but are notlimited to the following:
1.
2.
3
4.
5.
6.
7
Conduct any traffic counts for the project, other than those specificallyidentified in Task 1.
Conduct any operational / level-of-service analyses of site driveways, streetintersections or other roadways in the study area, other than thosespecifically identified in Task 2.
Provide any services related to permits or detailed engineering plans forrecommendations
Conduct any revisions to the report caused by changes to the studyassumptions, such as changing the land uses / densities / build out year for
the study.
Attend any more than the three conference calls for the project identified inTask 4.
Attend any City of Denton meetings, including Planning and ZoningCommission and City Council meetings.Address any review comments that may be generated by the City more thanthe one round noted in Task 3.3
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PHASE 2 – TRAFFIC SIGNAL WARRANT STUDY / TRAFFIC SIGNAL DESIGN
TASK 1.0 TRAFFIC SIGNAL WARRANT STUDY
1.1 Develop weekday hourly approach volumes at the Westgate Drive / BroncoWay intersection for the Build Out scenario. Build out year will be the sameas the year analyzed in the Intersection Alternatives Evaluation, as
determined in consultation with the City.Conduct a Traffic Signal Warrant Study for the Westgate Drive / BroncoWay intersection based on the projected volumes developed in Task 1 .1.
Prepare a technical report outlining the findings and results of the TrafficSignal Warrant Study.Attend one conference call with City staff and / or the project team to discuss
the warrant study.
1.2
1.3
1.4
TASK2.0 TRAFFIC SIGNAL DESIGN
2.1
2.22.3
Attend a conference call with City Traffic Engineering staff to discuss the
signal design requirements.Acquire signal design standards and requirements from the City.From the project team, acquire the electronic CAD files (MicroStation) for
the preferred Westgate Drive / Bronco Way intersection configuration.Design files shall include at minimum all existing and proposed curb lines,pavement markings, pedestrian ramps, existing signal equipment,aboveground and underground utilities, and right-of-way around the study
intersection, as applicable.PDF signal design plans will be produced for the intersection and will besubmitted to the City for review and comment at the following design levels:
2.4
2.4.1 60 percent plans2.4.2 90 percent plans2.4.3 Final plans
2.5
2.6
2.7
2.8
Provide PDF and CAD files of final plans and one set of original signed andsealed plans.Prepare a quantities summary, bid item spreadsheet and estimate ofconstruction cost for the traffic signal modifications and submit thisinformation to the City.Coordinate the signal design process with the City.
Conduct a maximum of six meetings or conference calls with the City and /or project team as needed to discuss the signal design plans at the designlevels outlined in Task 2.4.
SERVICES NOT COVERED - TRAFFIC SIGNAL WARRANT STUDY / TRAFFICSIGNAL DESIGN
The services stipulated below are specifically excluded from the scope of thiscontract. In the event additional services are required, an addendum to this contract
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will be required before work can proceed. Additional services include but are not
limited to the following:
1
2.
3.
4.
Collect any survey data for the projects (all necessary survey data shall be
provided by the City and / or project team, as described in Task 2.3).Conduct any traffic counts for the project other than those specificallyidentified in Phase 1.
Conduct any operational / level-of-service analyses of site driveways, street
intersections or other roadways in the study area.
Attend any City meetings above staff level, such as Planning and ZoningCommission or City Council meetings.
13. ENVIRONMENTAL SERVICES
Federal Permitting (Section 404 of Clean Water Act)
A.Jurisdictional Determination: Halff will perform a field delineation to identify the
limits of waters of the United States, including wetlands. A brief summaryreport will be prepared describing the methodology and results of theinvestigation, so that the report may satisfy the jurisdictional determinationrequirement for permit requirements pursuant to Section 404 of the CleanWater Act (Section 404).
B. Nationwide Permit Pre-Construction Notification: it is anticipated the proposed
activity may be authorized by Nationwide Permit 14 – Linear TransportationProjects, which requires a PCN. Halff will prepare and submit a pre-
construction notification (PCN) to the USACE. The contents of a PCN include:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;(3) A description of the proposed project; the project’s purpose; direct andindirect adverse environmental effects the project would cause, includingthe anticipated amount of loss of water of the United States expected toresult from the NWP activity, in acres, linear feet, or other appropriate unitof measure;(4) Delineation of waters of the United States (see JurisdictionalDetermination);
(5) Compensatory mitigation plan, if needed;(6) Threatened and endangered species assessment; and
(7) Cultural resources assessment.
14. ILLUMINATION STUDY
A. Halff Associates, Inc. is pleased to submit this proposal for ElectricalEngineering to design the illumination for approximately 8,600 feet ofproposed public roadway. The lighting design shall meet the City of Denton /
DME’s Design criteria for street light design. Halff shall design the layout of
the poles, design the conduit layout and conductor requirements to the DMEtransformer/service connection location for DME to make final connections at
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the service point and provide the equipment for the DME transformer/serviceconnection .
B. Halff will coordinate with City staff and DME related to service location(s) and
the selection of an appropriate luminaire and pole.
C. A point-by-point photometric analysis will be performed to illustrate the designmeets the required foot-candle levels.
D. Voltage drop calculations will be performed to ensure circuit design meets themaximum voltage drop allowed.
Construction Document Phase:
• Lighting Site plan
• Lighting Schedules
• Electrical Details (as needed).
• Coordination with the City, Utility, and Halff Design Team.
• Provision of two (2) deliverables.
Construction Phase Services:
• Responses to RFI’s.
• Review ofsubmittals and shop drawings.• We are excluding site visits.
15. EXCLUSIONS
Other additional services, not included in this contract, will be negotiated with the Cityas needed. Compensation will be based upon a mutually agreed lump sum fee or an
hourly rate as described below. Items that are considered additional services include:
• Attendance or preparation for Public Meeting(s)
• Attendance or preparation for City Council Meetings
• Full Tree preservation/mitigation plan
• Landscape architecture and irrigation design
• Revisions to plans requested by the City after plans are approved
• Permit fees, filing fees, pro-rated fees, impact fees and taxes
• Property acquisition or negotiations other than stipulated in the “5.Right-of-Way Services” section
• Design of sanitary sewer, gas, telephone, or other utility improvements
except as noted herein
• Graphic products except as noted herein• Design of utilities or other improvements outside of the project
boundary or roadway rights of way (not in scope)
• SWPPP preparation• Environmental assessments
• Construction staking• FEMA CLOMR and/or LOMR submittal
DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2
•
•
•
•
•
•
•
•
•
Hydrologic and Hydraulic analysis other than stipulated in the bDrainage Study section.
Advanced, 2D hydraulic analysis
Sediment transport analysis
Scour Analysis
Drainage Study design drawings, plans, or specifications
Preparation of an Individual Permit
Preparation of a Pedestrian Survey for Cultural Resources
Design for additional power connection or circuiting to other devices notmentioned above.
Design for receptacles located at the base of the electrical lighting pole.
16.SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
A. Completion of design surveys, SUE level “B”, and geotechnical investigation:60 calendar days from date of written authorization to begin work.
B. Completion/furnishing 30% conceptual schematic, preliminary drainage study,bid quantities, and construction cost estimate: 90 calendar days from date of
written authorization to begin.
C. Completion/furnishing 60% preliminary plans, final drainage study, bidquantities, and construction cost estimate: 165 calendar days from date of
written authorization to begin, excluding City review time.
D. Completion/furnishing 90% final plans, specifications, bid quantities, and
construction cost estimate: 225 calendar days from date of written
authorization to begin, excluding City review time.
E. Completion/furnishing 100% final plans, specifications, bid quantities, and
construction cost estimate: 255 calendar days from date of writtenauthorization to begin, excluding City review time.
F. Bidding services: 60 calendar days from city’s approval of final plans.
G, Construction services: in accordance with construction schedule (estimated to
be 540 calendar days total)
H. Closure: 60 calendar days from the date of construction completion.
DocuSign Envelope ID: 62A3EA57212B14BF8-9930-9C88902B15F2
EXHIBIT B
COMPENSATIONFORWESTGATE DRIVE RECONSTRUCTION
Exhibit “B” defines the basis of compensation to the Professional for the servicesrendered .
Basic Fee Services (Project Management and Construction Plans) – Thebasic fee for the services as described in Exhibit “A“ as Project Management and
Construction Plans will be $558,900 which includes printing, direct costs andcomputer charges normally associated with production of these services.
The basis of compensation for Basic Fee services shall be as follows:
1. $97,000 for Conceptual Design Phase (30% submittal)
2. $200,000 for Preliminary Design Phase (60% submittal)
3. $200,000 for Pre-Final Design Phase (90% submittal)
4. $61,900 for Final Design Phase (100% submittal)
Items (1) through (4) will be billed lump sum monthly based on actualcompletion of the tasks and may include partial payments of the total
amounts designated for each item.
Special Services – The maximum not-to-exceed fee for special services asdescribed in Attachment “A“ will be $585,380, which includes printing, directcosts and computer charges normally associated with production of theseservices. The basis of compensation for special services shall be lump sumunless noted otherwise. The table below summarizes special services fees.
$56,000
$5,000
$23,550
B-1
DocuSign Envelope ID: 62A3EA57-42Bl-+BF8-9930-9C88902B15F2
VII
VIII.
IX.
X.
XI.
Subsurface Utility Engineering Level B, C, & D $29,670
Subsurface Utility Engineering Level A – Vacuum
Excavation ($2,000 per each)$20,000
Drainage Study $47,010
$2,140TDLR Plan Review, State Filing and InspectionFees
TxDOT Permit Coordination $9,000
XII. Bidding and Construction Engineering $35,290
XIII. Traffic Study $23,730
IV. Traffic Signal Design $30,620
XV. Environmental Services $6,500
:VI. Illumination Study $9,250
$585,380TOTAL SPECIAL SERVICES
Miscellaneous Services – The fee for additional services not provided herein
will be negotiated based on the scope of work and included in a contractamendment.
The total maximum fee for all services is $1,144,280.00.
Item II. The City will only be billed for the number of right-of-way parcelsproduced .
Item III. and IV. The City will only be billed for the number of easement parcelsproduced .
Item V. The City will only be billed for the number of parcels that requireacquisition, appraisal and title/closing services.
Item VIII. Subsurface Utility Engineering Level A fee includes a maximum of ten(10) excavations completed times $2,000 per each. The City will be final billedbased on the number of excavations completed with a minimum of twoexcavations.
Reimbursable costs include printing, deliveries, mileage and other direct costsassociated with the project. Subcontract expenses and outside services shall be
reimbursed at cost to Consultant plus a markup of ten percent (10%).
B-2
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DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15E2 , . , ."- –-"---'- '-' –' '--- --' '-- ' '-' - –-- --–-–- '-ERhiblt CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other Person doing business with local governmental entit'
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session,
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate 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.misdemeanor.a MU.
An offense under this section is a
Halff Associates , Inc.
2 1 1 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 dayafter 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.
None .
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must becompleted for each officer with whom the vendor has an employment or other business relationship as cleaned by Section 176.00 1(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 govemment officer named in
this section AND the taxable income is not received from the local governmental entity?[] Yes a No
C. Is the filer ofthi§ questionnaire employed by a corporation or other business entity with respect to which the local govemmcnt officer serves as an officeror 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.
None .
4
5
Ld I have no Conflict of Interest to disclose.
10/28/2022
siness with the governmental entity Date
DocuSign Envelope ID: 62A3EA57-42BIJ+BF8-9930-9C88902B15F2
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 1 76.htm. For easyreference, below are some of the sections cited on this form.
Local Government Code $ 176.001{1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one oftheparties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or localgovernmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003{a){2)(A) and {B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds 52,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the val(kB
(B) has given to the local government officer or a family member ofthe officer one or more gifts that have an aggregatevalueofmore
than $ 100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local govemmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local govemmental entity, or a family memberofthe officer, described by Section 176.003(a)(2)(A);
(2) has given a local govemment officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specifiedby Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local govemmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local govemmcntal entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware
(A) of an employment or other business relationship with a local govemment officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3'd degree of affinity (marriage) or consanguinity fblood or adoption)
City Official; for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public rightaf-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gin to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars (8200,00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
;orm provided by Texas Ethics Commission www. ethics .state.tx . us Revised 11/30/2015
DocuSign
Certificate Of Completion
Envelope Id: 62A3EA5742B14BF899309C88902B15F2
Subject: Please DocuSign: City Council Contract 7599411 Westgate Drive Reconstruction Design PSA
Status: Completed
Source Envelope:
Document Pages: 49
Certificate Pages: 7
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Signatures: 6
Initials: 1
Envelope Originator:
Cod Power
901B Texas Street
Denton, TX 76209
ceri.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
10/24/2022 9:51 :57 AM
Holder: Cori Power
cori .power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Sent: 10/26/2022 12:53:39 PM
Viewed: 10/26/2022 12:53:48 PM
Signed: 10/26/2022 12:54:41 PM
Cori Power
cori.power@cityofdenton.com
Senior Buyer
Completed
City of Denton Using IP Address: 198.49.140.10
Security Level: Email, Account Authentication(None)
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)
Sent: 10/26/2022 12:54:45 PM
Viewed: 10/26/2022 1 :57:04 PM
Signed: 10/26/2022 1:58:45 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
'DocuSlgned byE
IMartdhlBhA,,4B070831B4AA438.
Sent: 10/26/2022 1:58:48 PM
Viewed: 10/27/2022 10:14:09 PM
Signed: 10/27/2022 10:18:29 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cori Power
cart.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed Sent: 10/28/2022 10:13:00 AM
Viewed: 10/28/2022 10:14:35 AM
Signed: 10/28/2022 10:14:38 AMUsing IP Address: 198.49.140.10
Signer Events
Benjamin L. McGahey
bmcgahey@halff,com
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 10/27/2022 10:18:36 PM
Resent: 10/28/2022 10:25:40 AM
Viewed: 10/28/2022 10:36:07 AM
Signed: 10/28/2022 10:46:52 AMSignature Adoption: Pre-selected Style
Using IP Address: 208.66.149.92
Electronic Record and Signature Disclosure:Accepted: 10/28/2022 8:29:16 AMID: 7633a27b-d6dd4ffa-bd6f-2299a157680e
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 10/28/2022 10:46:56 AM
Viewed: 10/28/2022 10:55:02 AM
Signed: 10/28/2022 10:55:23 AMUsing IP Address: 198.49.140.10
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Capital Projects/Engineering
Security Level: Email, Account Authentication(None)
Sent: 10/28/2022 10:46:56 AM
Viewed: 10/28/2022 11 :32:20 AM
Signed: 10/28/2022 1 1 :32:43 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 10/28/2022 11 :32:20 AMID: ec3e40cd-cOa147e4-b6d3-b5079bf23794
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 10/28/2022 11 :32:51 AM
Viewed : 11/1 6/2022 9:23:16 AM
Signed: 11/1 6/2022 9:23:36 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 11/16/2022 9:23:41 AM
Viewed: 11/16/2022 9:30:04 AM
Signed: 11/16/2022 9:30:16 AM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.198.132
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'CknuSigned bvI Ran R&B+
IC5CA8C5E17S493
Sent: 11/16/2022 9:30:21 AM
Viewed: 11/16/2022 4:35:26 PM
Signed: 11/1 6/2022 4:35:46 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 11/16/2022 4:35:26 PMID: 55b3fe2e-83044727-9b12<idf609c902d0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status
Status
Timestamp
Agent Delivery Events Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Status Timestamp
Sent: 10/26/2022 12:54:45 PM
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 10/28/2022 11 :32:48 AM
Viewed: 10/28/2022 11 :38:42 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 11/1 6/2022 4:35:52 PM
Viewed: 11/1 7/2022 9:58:53 AM
Jesus Perez
Jesus.Perez@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 9/16/2022 8:31 :39 AMID: 3402c001-979e481 a-ac9e-9fa361dce7cf
Sent: 11/1 6/2022 4:35:56 PM
Viewed: 11/1 7/2022 9:41 :07 AM
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 11/16/2022 4:35:59 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
10/26/2022 12:53:39 PM
11/16/2022 4:35:26 PM
11/16/2022 4:35:46 PM
11/16/2022 4:35:59 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Benjamin L. McGahey, Rebecca Diviney, Rosa Rios, Jesus Perez
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Required hardware and software
01 lting Systems
Browsers (for SENDERS
Browsers (for SIGNERS) :
r
I
mlet Explorer 6.0?, Mozilla FireFox 1.0NetS7.2 (or above
c
x
Email
Screen Resolution
Enabled Security Settings
• Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaroxy connectIon
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
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