7599-011 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
Cori Power
7599-011
Not Applicable
Westgate Drive Reconstruction Design
PSA
NOVEMBER 15, 2022
N/A
22-2303
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 17
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Halff Associates, Inc., with its corporate office at
__________________________ 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 agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Exhibit A. These services shall be performed in connection with
the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,144,280 in the manner and in
accordance with the fee schedule as set forth in Exhibit B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary 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 continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
1201 North Bowser Rd, Richardson, TX
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 2 of 17
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 3 of 17
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Exhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 17
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with 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; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 17
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 6 of 17
J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 17
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 17
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 9 of 17
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Exhibit A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 17
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with Exhibit
A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 11 of 17
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 12 of 17
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 13 of 17
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 14 of 17
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 17
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
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 provides
written 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 to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies 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 the
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 17
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against 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 certifies
that 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 discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements 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 controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other 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 performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 17
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _________________________
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
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 in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain 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 executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
Halff Associates, Inc.
Date: ____________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: __________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
10/28/2022
2022-949744
Director of Capital Projects/City Engineer
Capital Projects/Engineering
11/15/2022
EXHIBIT A
SCOPE OF SERVICES
for
WESTGATE 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 to
design 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 northbound
side of North/South Westgate. Windsor Drive will also be widened from the
northbound I-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 parcel
preparation, conceptual, preliminary and final design, construction plans,
specifications, opinions of probable construction cost, and bidding and construction
administration services.
2. PROJECT MANAGEMENT
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
Communications and Reporting:
• Attend one pre-design project kickoff meeting with City staff to confirm and
clarify 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. Up
to 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 coordination
meetings.
Data Collection:
(1) Research and make efforts to obtain any additional design criteria,
available GIS information, pertinent utility plans, street plans, plats and
right-of-way maps, existing easement information, previous studies
prepared by others, as-built plans for portions of surrounding
infrastructure, historical drainage complaints and other information
available for the project area. This shall coincide with the project kickoff
meeting.
(2) The City shall provide any existing available data concerning the Project
including as built plans for existing streets, drainage facilities, water and
sanitary sewer mains.
(3) The City shall also assist the Consultant, as necessary, in obtaining any
required data and information from TxDOT, DME and/or other local utility
companies.
(4) The City will provide the following data / information to assist with traffic
projections:
(a) Development plans / future land use plans
i. Plans for known developments to be located in the
area generally bordered by Interstate Highway (IH)
35E Frontage Road, Westgate Drive, Windsor Drive
and 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 improvement
projects in the study area
(d) Historical traffic count data and future traffic projections in the
study area, as available
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.
Vertical benchmarks shall be established such that all points of construction
shall be within 500 feet of an established City of Denton benchmark.
Benchmarks should not be subject to loss during construction. Fire hydrants
and similar appurtenances are not to be used for benchmarks. The surveyor
shall establish temporary benchmarks throughout the length of the project.
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 enough
to integrate the design with the adjacent properties.
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 shall
secure 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 the
property owner/tenant, with a copy to the City. If permission cannot be
obtained, the City will assist, or other arrangements will be worked out.
Consultant shall use a combination of mobile LiDAR and conventional survey
as necessary to collect the field data. Feature extraction for the above two items
will 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 along
the 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.
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.
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 monuments
• Location of easements of record
• Existing rights-of-way
• Location of proposed easement pins
• Easement areas
• Parcel numbers
• All of the above shall be placed on standard plan sheets and bear the seal
of a Texas Licensed Professional Engineer.
Meet with the City of Denton Staff to determine right-of-way requirements for
preparation of field notes and exhibits.
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A maximum of twenty (20) right-of-way parcels, two (2) permanent drainage
easements and ten (10) temporary construction easements may be required
for the project.
Individual Exhibits for each parcel shall be prepared to contain the following:
• Area required
• Parcel number
• Property owner name, mailing address, and volume and page of deed
• Existing easements
• Exhibits will be drawn to scale
• All of the above shall be placed on one page of 8-1/2” x 11” paper, labeled
as Exhibit “B” and signed and sealed by a Texas Registered Professional
Land Surveyor.
Legal descriptions for each parcel shall reference the volume, page, and owner
of the parent tract and shall be incorporated into a standard City of Denton
conveyance document as Exhibit “A”. Individual parcels will be cross-
referenced on the plans. Front end documents shall be provided by the City.
Submit right-of-way documents to the City and make necessary corrections.
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.
Project Administration:
(1) Initial Site Visit
a. 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 and
end dates.
c. Attend weekly status meetings.
d. Prepare initial property owner contact list for use by City in
distribution 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 ROW
Consultant.
b. Prepare invoices utilizing City standard payment submissions forms
with supporting documentation.
c. Maintain records of all payments including warrant/check number,
amount, and date paid, etc.
d. Maintain copies of all correspondence and contacts with property
owners
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 title
commitments 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 Title
Company 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 title
to 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 negotiated
fee 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 fee
schedule for this service. Note: the Consultant’s curative services do not
include cost/expenses that qualify as payment of incidental expenses to
transfer 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 forms
and certified copy of the instrument of conveyance when requesting the
Parcel 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 attend
closings.
(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 pass
through fees.
(8) Consultant shall cause the recordation of all original instruments
immediately after closing at the respective County Clerk’s Office. The cost
of recording fees and filing fees are paid by the City and should not be
included in the Consultant’s negotiated fee schedule.
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Negotiation Services:
(1) Analyze appraisal and appraisal review reports and confirm City’s approved
value 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 (CMRRR).
(4) Prepare the initial offer letter, memorandum of agreement, instruments
of 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 deliver
appraisal report and required brochures. Maintain follow-up contacts
and secure the necessary instruments upon acceptance of the offer for
the 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 per
contact on approved form.
(9) Maintain parcel files of original documentation related to the purchase of the
real 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 when
requested. 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:
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 relocation
assistance. 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 Record
form
b. Displacee Move Plan
c. Certification of Eligibility
d. Relocation Assistance Brochure
(2) Provide on-going relocation assistance and advisory services to Displacees
affected by acquisition of the property and deliver a completed Relocation
Advisory Assistance – Parcel Record form signed by the Displacee to the
City.
(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 Property
Evaluation 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 personal
property 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 move
date.
(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 the
Consultant.
(11) Coordinate and monitor moves with displaced homeowners,
business owners, and tenants and with moving companies in
accordance with State and City procedures.
(12) Maintain relocation contact logs on Relocation Advisory Assistance -
Parcel Record form journaling all attempted and completed contacts
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with all parties. This includes descriptions of the reasons and outcome
for 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 in
accordance 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 Displacee
claims.
Condemnation Support:
Consultant shall not act as the attorney for condemnation purposes. City must
self perform legal services or contract with third party attorney. Consultant
shall provide those support services to City or to City’s attorney as described
below:
(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.
e. File original petition with County Court at Law or other appropriate
Court for a cause number to be assigned.
f. File Lis Pendens including the cause number with the County Clerk’s
Office
g. Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for the
files.
h. Following appointment of Commissioners by the judge, secure
Oath of Commissioners signed by the Commissioners, Order
Setting Hearing and Notice of Hearing signed by the
Commissioners.
i. File all originals with the court and send copies to City and
Condemning Attorney.
(2) Post-Hearing Support
a. File Award of the Commissioners with the court for the Judge’s
signature within 48 hours of hearing, unless on Friday or before a
holiday when court will not be open.
b. Obtain certified copy of Award and provide to City with request for
funding in amount of Award.
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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 notifying
them of the date of deposit. The Date of Deposit is the Date of
Take.
e. Send written notices of the date of deposit to the City and all
interested parties.
* Updated Title Commitments shall be paid directly by City. Please refer
to B. Title and Closing Services.
Relocation Appeal(s):
(1) Assist City with coordination of appeal process.
a. Submit appeal to City for review.
b. Provide supporting documentation.
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).
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 are
vacant and ready for disposal. The City Project Manager will initiate
the environmental surveys as needed.
Initial and Update Appraisal Service:
(1) Appraisers should provide advance notice of the date and time of their
appraisal 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 diligent
effort, is unable to secure the necessary letter of permission from
the property owner, a waiver must be obtained in writing from the
City.
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(3) Prepare and conduct personal pre-appraisal contact with interest
owner(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 inspection
of 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 Professional
Appraisal 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 Appraisal
Practices.
(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 be
required.
(10) The fees for initial and updated appraisal assignments are based
on separate appraisal assignments.
(11) Beyond delivery of initial and update appraisal assignments, the
appraiser can be called to provide preparation and testimony for a
Special Commissioners Hearing. For this appraisal assignment, the
fee for the preparation time and testimony must be based on the
hourly rate shown in the Consultant’s Fee Schedule.
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 prices
for each parcel, relocation payment, and incidental expense involved in
the 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, related
engineering analysis and recommendations for determining soil conditions
will be made.
• Borings shall be of sufficient depth and spacing to provide general
information needed for the design and construction of the project. Fifteen
(15) borings will be advanced to a depth of 12 feet below the existing surface
the roadway.
• Testing will be in accordance with ASTM or TxDOT procedures. The
specific types and quantities of tests will be determined based on geologic
conditions encountered in the borings. Laboratory testing will include
moisture content, soil classification according to USCS, Atterberg limits and
California bearing ratio. In the event the subgrade requires lime treatment
the optimum percentage of lime will be determined by the Eades and Grim
pH 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 of
the results and recommendations. The report will address:
o General soil and groundwater conditions encountered at the boring
locations
o An evaluation of the swell characteristics of the subgrade soils
o Recommendations for pavement subgrade preparation
o Recommendations for pavement design
o 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 obtained
by the actual exposure (or verification of previously exposed and surveyed
utilities) and subsequent measurement of subsurface utilities, usually at a
specific point. Minimally intrusive excavation equipment is typically used to
minimize the potential for utility damage. A precise horizontal and vertical
location, as well as other utility attributes, is shown on plan documents.
• Quality Level-B: Information obtained through the application of appropriate
surface geophysical methods to determine the existence and approximate
horizontal position of subsurface utilities. Quality Level-B data should be
reproducible by surface geophysics at any point of their depiction. This
information is surveyed to applicable tolerances defined by the project and
reduced onto plan documents.
• Quality Level-C: Information obtained by surveying and plotting visible
above-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 oral
recollections.
Quality Level-A Utility Test Holes (Vacuum Excavation): Up to ten (10) test
holes will be performed on various utilities at locations approved by the City of
Denton. 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 the
surface to its original condition. An iron rod with cap or “x-cut” will be set to
mark the approximate centerline location of the utility. A jackhammer will be
utilized for work to be performed in asphalt and concrete areas.
Quality Level-B Utility Designating: Halff will designate the approximate
horizontal position of conductive/toneable utilities within the project limits using
geophysical prospecting equipment and mark using paint and/or pin flags. We
anticipate the designation of approximately 50,000 linear feet of utilities
including buried communication, electric, natural gas, water, and waste
water/sanitary sewer. Designation of storm drain/storm sewer, irrigation lines,
HDPE lines, gathering lines, asbestos concrete and/or pvc lines, as well as pvc
lines without tracer wire or access are not part of this Scope of Services.
Because of limited utility record information and the possibility of non-
conductive/un-toneable utilities, Halff cannot guarantee all utilities will be found
and marked within the project limits.
Quality Level-C Surveying: Quality Level-B Utility Designation paint markings,
pin flags, and above ground utility appurtenances as well the iron rod with cap
or “x-cut” for Quality Level-A Test Holes will be surveyed and tied utilizing
project survey control.
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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Because there are situations where the utility does not have a metallic
composition, 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 utility
records and direct correspondence with the utility owner/representative. In
these areas, the information will be considered Quality Level-D, depicted
according to utility record information only.
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 be
responsible for QA/QC, management of the contract, coordination with the
project team and signing the final deliverables if required.
Permitting: Street Cut permits will be coordinated with the City of Denton as
required.
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 control
plans.
Deliverables:
• Deliverables for the designating work will include an electronic file (Microstation
and/or AutoCAD format) containing the horizontal locations of the utilities. The
utilities will be overlaid onto the survey base file.
• Deliverables for the Quality Level-A Test Hole Excavations will be an 8.5-in. x
11-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 improvement
project. The study aims for analyze impacts to the Pecan Creek (Above SCS Dam
#16) floodplain along Westgate Drive (PROJECT). The purpose of the floodplain
analysis is to ensure no negative impacts to the effective floodplain due to the
proposed roadway improvements. Based off the effective FIRM (48121C0360G
eff. 4/18/2011), 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 have
to 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 the
PROJECT is less than one square mile. Therefore, per Section 3.8.1 of the City
of 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 BFEs
are already established, and a Flood Study will be performed;
• The FEMA effective model for Pecan Creek (Above SCS Dam #16) will be used
for the hydraulic analysis. If this model is not available, then additional services
and fees would be required to develop a pre-project model.
Figure 1. PROJECT Limits
PROJECT MANAGEMENT
(1) Coordinate with design team.
(2) Meetings with CLIENT. Includes a maximum of three meetings (3).
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).
HYDROLOGIC ANALYSIS
(1) Utilize drainage areas from Pecan Creek and North Pecan Creek
Watershed Study and Alternative Analysis (Halff 2021).
(2) Obtain flows from report and models for use in hydraulic modeling.
HYDRAULIC ANALYSIS
PROJECT
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(1) Obtain the FEMA effective model for Pecan Creek (Above SCS Dam 16). If
FEMA or CLIENT cannot provide the effective model, then additional
services and fees will be required to develop a pre-project model for the
reach.
(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 proposed
conditions 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.
FLOOD STUDY REPORT
(1) Write, edit, and compile a flood study report detailing the results of the
floodplain analysis. It is assumed no FEMA CLOMR or LOMR will be
needed.
(2) Submit key digital data, including modeling and GIS layers. The report and
data will be submitted to the CLIENT.
(3) Deliverables: Flood Study Report, in PDF format, and all relevant digital
data.
(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 will
consist of numerous sheets ordered as follows:
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 items
as may be specified. Following the title sheet shall be a sheet index with
drawings numbered consecutively and without subscripts.
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 the
project in a simplified view. Major items of work will be shown without excessive
detail. Additionally, survey control points shall be shown.
Project General Notes and Legend: These sheets will include a listing of
abbreviations, legend, and general notes.
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. Typical
sections will include existing roadways, right-of-way lines, etc., along with all
proposed roadway improvements and will depict all significant items of work.
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 arrow
up or to the right on the sheet. Stationing will be from south to north or west to
east with the beginning station being set at approximately 1+00. The plan and
profile 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 items
pertinent 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.
Grading Plans: Halff will provide grading plans that include 1’ proposed
contours with spot elevations labeled at PC, PT, PI, drainage structures and
maximum 50 feet spacing.
Drainage Plans: Halff will provide a drainage area map and calculations to
support the design of a closed conduit system and determine any additional
inlets needed to appropriately convey runoff for the street corridor. Existing
storm drain infrastructure will remain in place wherever practicable.
Roadway Illumination Plans: Halff will provide illumination layout plans,
electrical circuit plans and details for roadway lighting system. These plans
shall include street illumination and safety lighting at all intersections and other
locations as necessary to meet City standards for spacing. A photometric study
will not be provided.
Detail Sheets: The City’s standard drawings will be used as a beginning point
in developing standard details for this project. They will be reviewed and
modified for this project. Where other agency standards are used, they shall
be reduced as necessary to fit on the City’s standard sheet format with
complete title block.
Miscellaneous: Construction plans will also address erosion control, utility
adjustments, traffic control (including phasing, detours, road closures, signing,
barricading, etc.), pavement markings and signage, and other improvements.
Cross Sections: Cross sections shall be arranged from bottom to top of the
sheet looking up station and shall show existing and proposed features and
improvements. Generally, no more than eight (8) sections per sheet are to be
plotted. Each section should extend beyond the easement and rights-of-way a
sufficient distance to clearly show the relationship between the proposed
improvements and the existing properties. Full sections will be drawn at
maximum spacings of 500 feet.
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Review Plans: The Consultant shall develop conceptual plans and profiles and
estimates of probable cost for the 30% milestone. A rolled schematic will be
provided 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 City
for 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, perform
at 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 drain
conduit
(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 during
the preliminary alignment preparation
(d) Engineer’s Preliminary Estimate of Probable Construction Cost
(2) 60% Design Package
(a) Information provided in previous design package revised per City
comment
(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-sections
(j) Engineer’s 60% Preliminary Estimate of Probable Construction
Cost
(3) 90% Design Package
(a) Information provided in previous design package revised per City
comment.
(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 Construction
Cost
(4) 100% Final Design Package
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(a) Information provided in previous design package revised per City
comment, signed and sealed for bidding.
(b) Engineer’s 100% Final Estimate of Probable Construction Cost
Design: The design of the project shall be in general accordance with the City
of 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 avoid
major utility relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
Prints: One (1) 11x17 set of plans and electronic files in PDF format shall be
submitted to the City for each review stage. The Consultant will upload a set of
plans in PDF format to the City’s PROCORE submission software at each
project milestone. The Consultant will provide utility companies with electronic
PDF files of 60% plans for review. The City shall provide local utility contact
information to assist with distribution.
General: Construction plans shall be furnished half-size. The Consultant will
provide one 11x17 set of vellum plans and electronic pdf files for bidding and
construction. The City’s standard format shall be used. Electronic files in PDF
and DGN or DWG format shall be provided to the Contractor for use during
construction.
Generic Sheet List: Following is a general list of plan sheets required for each
construction package.
(1) Cover Sheet
(2) Sheet Index and Legend
(3) Project General Notes
(4) Typical Paving Sections
(5) Project Layout Sheet(s)
(6) Right-of-Way Maps
(7) Demolition Plans
(8) Paving Plan and Profile Sheets
(9) Grading Plans
(10) Drainage Area Map and Calculations
(11) Storm Drain Plan and Profile Sheets
(12) Water Line Plan Sheets
(13) City of Denton Pavement Standard Details
(14) Miscellaneous Pavement Details
(15) City of Denton Storm Drain Details
(16) City of Denton Water Line Details
(17) Erosion Control Plans
(18) City of Denton Erosion Control Details
(19) Pavement Markings, and Signage Plans and Details
(20) Roadway Illumination Plans
(21) Illumination Tables and Details
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(22) Traffic Control and Sequencing Plans
(23) Traffic Control Details
(24) Roadway Cross Sections
Specifications: The Consultant shall prepare a project manual and technical
specifications required for bidding and constructing the project. The project
manual will be provided in the City’s standard format. Only specifications
amending or supplementing the City’s specifications need be furnished. Project
manual, 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 and
Review (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 and
inspection 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
Bidding – During the bidding phase, the Consultant will prepare bid documents
and assist the City in advertising the project for bids. The Consultant will
address technical questions and prepare addenda and issue to the bidders.
The Consultant shall attend a pre-bid meeting and prepare minutes. The
Consultant will tabulate bids and make recommendation for award of contract.
Construction:
(1) Attend a pre-construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
(2) Review shop drawings and Contractor submittals.
(3) Review laboratory test reports on materials and equipment.
(4) Prepare and negotiate Change Orders between the Contractor and the
City.
(5) Prepare record drawings from information supplied by the Contractor.
(6) Attend final inspection and assist in preparation of a punch list report.
Closure – The Consultant shall prepare “record” plans, incorporating all
changes 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) will
conduct 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 Traffic
Signal Warrant Study and prepare traffic signal design plans for the intersection, if
warranted (Phase 2).
If the City of Denton requires task items outside of this scope, Halff will prepare an
additional services agreement for authorization by the City prior to initiating those
items.
PHASE 1 – INTERSECTION ALTERNATIVES EVALUATION
TASK 1.0 DATA COLLECTION
1.1 Conduct a site visit to check roadway conditions in the study area.
1.2 Conduct weekday AM and school and commuter PM peak period turning
movement traffic counts (7:00 – 9:00 AM and 2:00 – 6:00 PM) at the
following intersections:
1.2.1 Northbound IH 35 frontage road / Westgate Drive
1.2.2 Windsor Drive / Westgate Drive
1.2.3 N. Bonnie Brae Street / Riney Road / Bronco Way
1.3 Conduct weekday 24-hour bi-directional link volume traffic counts at the
following locations:
1.4
1.4.1 Westgate Drive between the northbound IH 35 frontage road and the
retail center driveway
1.4.2 Westgate Drive north of Windsor Drive
1.4.3 Bronco Way west of N. Bonnie Brae Street
1.5 Acquire the following information from the City of Denton:
1.5.1 Plans for future roadway improvements in the study area
1.5.2 Historical traffic count data in the study area
1.5.3 Planned or proposed developments in the study area
1.5.4 Growth rate for projecting future traffic volumes in the study area
1.5.5 Rates for existing traffic volumes to account for school and / or
COVID-19 impacts, as applicable
1.5.6 Thoroughfare plan
1.5.7 Future land use plan
TASK 2.0 ANALYSIS
2.1 Identify existing AM and school and commuter PM peak hour volumes at
the study intersections listed in Task 1.2, based on the traffic count data
collected in Task 1.2.
2.2 Develop projected weekday AM and school and commuter PM peak hour
turning movement traffic volumes at the future Westgate Drive / Bronco Way
intersection for the Build Out scenario. Build out year to be determined in
consultation with the City.
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2.3 Conduct weekday AM and school and commuter PM peak hour intersection
level of service (LOS) analyses at the Westgate Drive / Bronco Way
intersection using the Build Out scenario volumes development in Task 2.2.
Evaluate up to three intersection configurations, to be determined in
consultation with the City.
2.4 Address pedestrian routing at the Westgate Drive / Bronco Way
intersection.
2.5 Address school access and potential queuing along Westgate Drive south
of Bronco Way.
2.6 Work with the City and project team to determine a preferred intersection
configuration, including traffic controls and lane assignments.
TASK 3.0 REPORT PREPARATION
3.1 Prepare a preliminary draft technical report that addresses the findings in
Tasks 1 and 2.
3.2 Submit a copy of the draft report to the City and project team for review and
comment.
3.3 If necessary, revise the report once based upon comments from the City
and project team.
3.4 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 team
to 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 not
limited to the following:
1. Conduct any traffic counts for the project, other than those specifically
identified in Task 1.
2. Conduct any operational / level-of-service analyses of site driveways, street
intersections or other roadways in the study area, other than those
specifically identified in Task 2.
3. Provide any services related to permits or detailed engineering plans for
recommendations.
4. Conduct any revisions to the report caused by changes to the study
assumptions, such as changing the land uses / densities / build out year for
the study.
5. Attend any more than the three conference calls for the project identified in
Task 4.
6. Attend any City of Denton meetings, including Planning and Zoning
Commission and City Council meetings.
7. Address any review comments that may be generated by the City more than
the 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 / Bronco
Way intersection for the Build Out scenario. Build out year will be the same
as the year analyzed in the Intersection Alternatives Evaluation, as
determined in consultation with the City.
1.2 Conduct a Traffic Signal Warrant Study for the Westgate Drive / Bronco
Way intersection based on the projected volumes developed in Task 1.1.
1.3 Prepare a technical report outlining the findings and results of the Traffic
Signal Warrant Study.
1.4 Attend one conference call with City staff and / or the project team to discuss
the warrant study.
TASK 2.0 TRAFFIC SIGNAL DESIGN
2.1 Attend a conference call with City Traffic Engineering staff to discuss the
signal design requirements.
2.2 Acquire signal design standards and requirements from the City.
2.3 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.
2.4 PDF signal design plans will be produced for the intersection and will be
submitted to the City for review and comment at the following design levels:
2.4.1 60 percent plans
2.4.2 90 percent plans
2.4.3 Final plans
2.5 Provide PDF and CAD files of final plans and one set of original signed and
sealed plans.
2.6 Prepare a quantities summary, bid item spreadsheet and estimate of
construction cost for the traffic signal modifications and submit this
information to the City.
2.7 Coordinate the signal design process with the City.
2.8 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 design
levels outlined in Task 2.4.
SERVICES NOT COVERED – TRAFFIC SIGNAL WARRANT STUDY / TRAFFIC
SIGNAL DESIGN
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
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will be required before work can proceed. Additional services include but are not
limited to the following:
1. 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).
2. Conduct any traffic counts for the project other than those specifically
identified in Phase 1.
3. Conduct any operational / level-of-service analyses of site driveways, street
intersections or other roadways in the study area.
4. Attend any City meetings above staff level, such as Planning and Zoning
Commission or City Council meetings.
13. ENVIRONMENTAL SERVICES
Federal Permitting (Section 404 of Clean Water Act)
Jurisdictional Determination: Halff will perform a field delineation to identify the
limits of waters of the United States, including wetlands. A brief summary
report will be prepared describing the methodology and results of the
investigation, so that the report may satisfy the jurisdictional determination
requirement for permit requirements pursuant to Section 404 of the Clean
Water Act (Section 404).
Nationwide Permit Pre-Construction Notification: It is anticipated the proposed
activity may be authorized by Nationwide Permit 14 – Linear Transportation
Projects, 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 and
indirect adverse environmental effects the project would cause, including
the anticipated amount of loss of water of the United States expected to
result from the NWP activity, in acres, linear feet, or other appropriate unit
of measure;
(4) Delineation of waters of the United States (see Jurisdictional
Determination);
(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 Electrical
Engineering to design the illumination for approximately 8,600 feet of
proposed 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 DME
transformer/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/service
connection.
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 design
meets the required foot-candle levels.
D. Voltage drop calculations will be performed to ensure circuit design meets the
maximum 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 of submittals and shop drawings.
• We are excluding site visits.
15. EXCLUSIONS
Other additional services, not included in this contract, will be negotiated with the City
as 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: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
• Hydrologic and Hydraulic analysis other than stipulated in the 8.
Drainage 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 not
mentioned 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:
Completion of design surveys, SUE level “B”, and geotechnical investigation:
60 calendar days from date of written authorization to begin work.
Completion/furnishing 30% conceptual schematic, preliminary drainage study,
bid quantities, and construction cost estimate: 90 calendar days from date of
written authorization to begin.
Completion/furnishing 60% preliminary plans, final drainage study, bid
quantities, and construction cost estimate: 165 calendar days from date of
written authorization to begin, excluding City review time.
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.
Completion/furnishing 100% final plans, specifications, bid quantities, and
construction cost estimate: 255 calendar days from date of written
authorization to begin, excluding City review time.
Bidding services: 60 calendar days from city’s approval of final plans.
Construction services: In accordance with construction schedule (estimated to
be 540 calendar days total)
Closure: 60 calendar days from the date of construction completion.
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
B-1
EXHIBIT B
COMPENSATION
FOR
WESTGATE DRIVE RECONSTRUCTION
Exhibit “B” defines the basis of compensation to the Professional for the services
rendered.
Basic Fee Services (Project Management and Construction Plans) – The
basic fee for the services as described in Exhibit “A” as Project Management and
Construction Plans will be $558,900 which includes printing, direct costs and
computer 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 actual
completion 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 as
described in Attachment “A” will be $585,380, which includes printing, direct
costs and computer charges normally associated with production of these
services. The basis of compensation for special services shall be lump sum
unless noted otherwise. The table below summarizes special services fees.
TASK DESCRIPTION FEE
I. Topographic and Boundary Design Surveys $52,620
II. Right-of-Way Parcels ($2,800 per each) $56,000
III. Drainage Easements ($2,500 per each) $5,000
IV. Temporary Construction Easements ($2,500 per
each) $25,000
V. Right-Of-Way Appraisal, Acquisition, and
Title/Closing Services ($10,500 per each) $210,000
VI. Geotechnical Engineering $23,550
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
B-2
VII. Subsurface Utility Engineering Level B, C, & D $29,670
VIII. Subsurface Utility Engineering Level A – Vacuum
Excavation ($2,000 per each) $20,000
IX. Drainage Study $47,010
X. TDLR Plan Review, State Filing and Inspection
Fees $2,140
XI. TxDOT Permit Coordination $9,000
XII. Bidding and Construction Engineering $35,290
XIII. Traffic Study $23,730
XIV. Traffic Signal Design $30,620
XV. Environmental Services $6,500
XVI. Illumination Study $9,250
TOTAL SPECIAL SERVICES $585,380
Miscellaneous Services – The fee for additional services not provided herein
will be negotiated based on the scope of work and included in a contract
amendment.
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 parcels
produced.
Item III. and IV. The City will only be billed for the number of easement parcels
produced.
Item V. The City will only be billed for the number of parcels that require
acquisition, 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 billed
based on the number of excavations completed with a minimum of two
excavations.
Reimbursable costs include printing, deliveries, mileage and other direct costs
associated with the project. Subcontract expenses and outside services shall be
reimbursed at cost to Consultant plus a markup of ten percent (10%).
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
CITY OF DENTON
Westgate Drive Reconstruction
City of Denton
Labor Category
Project Mgr.QA/QC ManagerSr. Water Resources Eng.Traffic Eng.Electrical Eng.Lead Civil Eng.Civil Eng.EITCADD GISSurvey RPLS/ Geospatial ManagerSr. Survey TechnicianSurvey Crew2- ManDesignating 2-man CrewSUE ManagerSUE Field ManagerUtility Coordinatorhrs
/sheet
Westgate Drive Reconstruction
Team Member All All All All All All All All All All All All All All All All All All All Mileage Deliv./Print All All Remarks
Fee Proposal - August 2022 Hourly Billing Rate $240 $270 $225 $205 $150 $160 $145 $125 $100 $115 $235 $130 $180 $190 $145 $130 $155 Total Manhour Total Labor $$0.60 Misc.Total Expense $Total $
Scope Plan
Task Description Ref.Sheets
1.0 PROJECT MANAGEMENT 2
1.1 Kickoff Meeting (1)-4 4 4 12 $2,500 60 $36 $2,540
1.2 Design coordination meetings/plan review (3)-12 12 12 36 $7,500 180 $108 $7,610
1.3 Monthly reports and billing (36)-18 18 $4,320 $4,320
1.4 Project scheduling -1 4 5 $880 $880
1.5 Franchise utility coordination -16 16 16 48 $8,720 $8,720
1.6 Quality assurance/quality control -24 24 $6,480 $6,480
1.7 Team Coordination 2 6 12 12 32 $5,490 $5,490
2.0 DESIGN SURVEY 3
2.1 Topographic -40 16 24 60 140 $21,680 $21,680
2.2 Boundary -20 20 48 100 188 $30,940 $30,940
3.0 RIGHT-OF-WAY 4
3.1 Right-of-way Parcels (20 @ $2,800)$56,000 $56,000
3.2 Drainage Easement Parcels (2 @ $2,500)$5,000 $5,000
3.2 Temporary Construction Easement Parcels (10 @ $2,500)$25,000 $25,000
4.0 RIGHT-OF-WAY SERVICES 5
4.1 Appraisal, Acquisition and Title/Closing (20 @ $10,500)$210,000 $210,000
5.0 GEOTECHNICAL ENGINEERING 6
5.1 Geotech Report and Recommendations -$23,550 $23,550
6.0 SUBSURFACE UTILITY ENGINEERING 7
6.1 Level B -5 3 30 2 20 80 10 20 10 180 $29,670 $29,670
6.2 Level A Test Holes (10 each @ $2,000)-$20,000 $20,000
7.0 DRAINAGE STUDY 8
7.1 Project Management -12 20 32 $5,200 $5,200
7.2 Data Collection and Terrain Development -4 12 8 8 32 $4,120 $4,120
7.3 Hydrologic Analysis -1 1 6 8 $1,120 $1,120
7.4 Hydraulic Analysis 8 24 40 90 8 8 178 $26,330 $26,330
7.5 Flood Study Report 2 8 20 40 70 $10,240 $10,240
8.0 CONSTRUCTION PLANS 9
8.1 Construction Plans -$1,000 $1,000 $1,000
Cover Sheet 1 1 1 2 2 6.0 6 $755 $755
Sheet Index and Legend 1 1 1 2 2 6.0 6 $755 $755
General Notes 2 1 2 4 2 4 6.5 13 $1,790 $1,790
Typical Paving Sections 2 1 2 8 16 4 15.5 31 $4,120 $4,120
Project Layout 2 1 2 8 16 4 15.5 31 $4,120 $4,120
Right-of-Way Map Sheets 9 4 12 48 96 24 20.4 184 $24,240 $24,240
Demolition Plans 9 2 8 44 90 20 18.2 164 $21,390 $21,390
Paving Plan and Profile Sheets 18 8 28 148 300 54 29.9 538 $70,760 $70,760
Driveway and Sidestreet Plan and Profile Sheets 6 2 6 36 72 12 21.3 128 $16,860 $16,860
Grading Plans 18 8 24 148 300 48 29.3 528 $69,520 $69,520
Drainage Area Map and Computations 9 2 6 36 72 18 14.9 134 $17,460 $17,460
Storm Drain Plan and Profile Sheets 16 8 20 128 256 48 28.8 460 $60,480 $60,480
Storm Drain Laterals Sheets 4 1 4 24 40 8 19.3 77 $10,160 $10,160
Water Line Plan and Profile Sheets 6 4 12 40 80 16 25.3 152 $20,280 $20,280
Erosion Control Plans 5 1 4 32 48 12 19.4 97 $12,720 $12,720
Pavement Markings and Signage Plans 5 1 4 32 48 12 19.4 97 $12,720 $12,720
Traffic Control and Sequencing Plans 22 4 24 66 132 44 12.3 270 $35,270 $35,270
Halff Associates, Inc 1 of 2
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
CITY OF DENTON
Westgate Drive Reconstruction
City of Denton
Labor Category
Project Mgr.QA/QC ManagerSr. Water Resources Eng.Traffic Eng.Electrical Eng.Lead Civil Eng.Civil Eng.EITCADD GISSurvey RPLS/ Geospatial ManagerSr. Survey TechnicianSurvey Crew2- ManDesignating 2-man CrewSUE ManagerSUE Field ManagerUtility Coordinatorhrs
/sheet
Westgate Drive Reconstruction
Team Member All All All All All All All All All All All All All All All All All All All Mileage Deliv./Print All All Remarks
Fee Proposal - August 2022 Hourly Billing Rate $240 $270 $225 $205 $150 $160 $145 $125 $100 $115 $235 $130 $180 $190 $145 $130 $155 Total Manhour Total Labor $$0.60 Misc.Total Expense $Total $
Scope Plan
Task Description Ref.Sheets
Roadway Illumination Plans 12 2 4 52 8 52 172 24 26.2 314 $42,080 $42,080
Roadway Cross Sections 22 4 16 112 220 44 18.0 396 $51,660 $51,660
Details 26 1 2 12 32 24 2.7 71 $8,700 $8,700
Conceptual Design Report -2 20 12 34 $5,180 $5,180
Update Plans Per City Comments 30%-1 4 16 16 37 $5,200 $5,200
Update Plans Per City Comments 60%-1 4 16 16 37 $5,200 $5,200
Update Plans Per City Comments 90%-1 4 16 16 37 $5,200 $5,200
Specifications and Project Manual -2 24 16 42 $6,640 $6,640
Engineers Estimate of Probable Construction Costs -2 4 24 32 62 $8,600 $8,600
9.0 PERMITTING 10
9.1 TDLR Registration and Inspection -$2,140 $2,140
9.2 TxDOT Permit Coordination -$9,000 $9,000
10.0 BIDDING AND CONSTRUCTION ENG.11
10.1 Pre-Bid Meeting 4 4 8 $1,600 60 $36 $1,640
10.2 Bidding/Addenda 4 4 8 $1,220 $1,220
10.3 Contracts/Agreements/Recommendation/Bid Tab 2 12 14 $2,060 $500 $500 $2,560
10.4 Pre-Construction Meeting 8 8 16 $3,200 60 $36 $3,240
10.5 Submittals/Pay Requests/Schedules/Change Orders 2 6 16 24 $3,760 $3,760
10.6 Monthly Meetings 96 96 $15,360 1080 $648 $16,010
10.7 Final Inspection and Punch List 8 8 16 $3,200 $3,200
10.8 Record Drawings 1 1 8 16 26 $3,160 $500 $500 $3,660
11.0 TRAFFIC STUDY & DESIGN 12
11.1 Intersection Alternatives Evaluation 48 86 134 $20,590 $20,590
11.2 Traffic Signal Warrant Study 8 12 20 $3,140 $3,140
11.3 Traffic Signal Design 64 140 204 $30,620 $30,620
12.0 ENVIRONMENTAL SERVICES 13
12.1 Jurisdictional Determination $5,000 $5,000
12.2 Nationwide Permit Pre-Construction Notification $1,500 $1,500
13.0 ILLUMINATION STUDY 14
13.1 Photometric Illumination Study -20 50 70 $9,250 $9,250
Subtotal Summary
1.0 PROJECT MANAGEMENT 53 24 22 48 28 175 $35,890 240 $150 $36,040
2.0 DESIGN SURVEY 60 36 72 160 328 $52,620 $52,620
3.0 RIGHT-OF-WAY $86,000 $86,000
4.0 RIGHT-OF-WAY SERVICES $210,000 $210,000
5.0 GEOTECHNICAL ENGINEERING $23,550 $23,550
6.0 SUBSURFACE UTILITY ENGINEERING 5 3 30 2 20 80 10 20 10 180 $49,670 $49,670
7.0 DRAINAGE STUDY 10 49 61 168 16 16 320 $47,010 $47,010
8.0 CONSTRUCTION PLANS 195 64 4 52 246 1068 2088 424 3946 $521,860 $1,000.00 $1,000 $522,860
9.0 PERMITTING $11,140 $11,140
10.0 BIDDING AND CONSTRUCTION ENG.23 129 40 16 208 $33,560 1200 $1,000.00 $1,720 $35,290
11.0 TRAFFIC STUDY & DESIGN 120 238 $54,350 $54,350
12.0 ENVIRONMENTAL SERVICES $6,500 $6,500
13.0 ILLUMINATION STUDY 20 50 70 $9,250 $9,250
TOTAL 195 145 41 71 120 72 423 1197 2544 546 16 36 74 180 80 10 20 10 5227 $1,141,400 1440 $2,000 $2,870 $1,144,280
Halff Associates, Inc 2 of 2
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics 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 the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
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 be
completed for each officer with whom the vendor has an employment or other business relationship as defined 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 government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2Exhibit CIQ
Halff Associates, Inc.
10/28/2022
X
None.
None.
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, 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 of the
parties. 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 local
governmental 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 $2,500 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 vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date 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 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 governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by 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 governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after 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 governmental 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 government 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 officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood 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 right-of-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 Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) 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.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: 62A3EA57-42B1-4BF8-9930-9C88902B15F2
Certificate Of Completion
Envelope Id: 62A3EA5742B14BF899309C88902B15F2 Status: Completed
Subject: Please DocuSign: City Council Contract 7599-011 Westgate Drive Reconstruction Design PSA
Source Envelope:
Document Pages: 49 Signatures: 6 Envelope Originator:
Certificate Pages: 7 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.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
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 10/26/2022 12:53:39 PM
Viewed: 10/26/2022 12:53:48 PM
Signed: 10/26/2022 12:54:41 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/26/2022 12:54:45 PM
Viewed: 10/26/2022 1:57:04 PM
Signed: 10/26/2022 1:58:45 PM
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)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 10/26/2022 1:58:48 PM
Viewed: 10/27/2022 10:14:09 PM
Signed: 10/27/2022 10:18:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 10/28/2022 10:13:00 AM
Viewed: 10/28/2022 10:14:35 AM
Signed: 10/28/2022 10:14:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Benjamin L. McGahey
bmcgahey@halff.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.66.149.92
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 AM
Electronic Record and Signature Disclosure:
Accepted: 10/28/2022 8:29:16 AM
ID: 7633a27b-d6dd-4ffa-bd6f-2299a157680e
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 10/28/2022 10:46:56 AM
Viewed: 10/28/2022 10:55:02 AM
Signed: 10/28/2022 10:55:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Capital Projects/Engineering
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/28/2022 10:46:56 AM
Viewed: 10/28/2022 11:32:20 AM
Signed: 10/28/2022 11:32:43 AM
Electronic Record and Signature Disclosure:
Accepted: 10/28/2022 11:32:20 AM
ID: ec3e40cd-c0a1-47e4-b6d3-b5079bf23794
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 10/28/2022 11:32:51 AM
Viewed: 11/16/2022 9:23:16 AM
Signed: 11/16/2022 9:23:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.198.132
Signed using mobile
Sent: 11/16/2022 9:23:41 AM
Viewed: 11/16/2022 9:30:04 AM
Signed: 11/16/2022 9:30:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/16/2022 9:30:21 AM
Viewed: 11/16/2022 4:35:26 PM
Signed: 11/16/2022 4:35:46 PM
Electronic Record and Signature Disclosure:
Accepted: 11/16/2022 4:35:26 PM
ID: 55b3fe2e-8304-4727-9b12-ddf609c902d0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/26/2022 12:54:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2022 11:32:48 AM
Viewed: 10/28/2022 11:38:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/16/2022 4:35:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Perez
Jesus.Perez@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/16/2022 4:35:56 PM
Electronic Record and Signature Disclosure:
Accepted: 9/16/2022 8:31:39 AM
ID: 3402c001-979e-481a-ac9e-9fa361dce7cf
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/16/2022 4:35:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/26/2022 12:53:39 PM
Certified Delivered Security Checked 11/16/2022 4:35:26 PM
Signing Complete Security Checked 11/16/2022 4:35:46 PM
Completed Security Checked 11/16/2022 4:35:59 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
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
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy 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.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.