7599-014 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: F834EC19-4DF2-4C24-B029-4F486233603A
Not Applicable
Cori Power
7599-014
Riney Road East Reconstruction Design
PSA
NOVEMBER 14, 2023
N/A
23-2114
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 18
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 Binkley & Barfield, Inc., with its office at 1801 Gateway
Boulevard, Suite 101, Richardson, TX 75080 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Riney Road East
Reconstruction (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 $267,645.00 in the manner and in
accordance with the fee schedule as set forth in Exhibit C. 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 B.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit B 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 the 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
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care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of the 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
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responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with 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,
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materials, or equipment has passed to the CITY free and clear of liens, claims, security
interests, or encumbrances; or that there are not other matters at issue between the
CITY and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this
AGREEMENT. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this section
together with subsection (3) hereof. CITY shall give subconsultant reasonable
advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
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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
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compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy
limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to
the extent these damages are covered by workers
compensation and employer’s liability or commercial umbrella
insurance obtained by ENGINEER pursuant to this
AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability,
a claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date
of the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5
years following the completion of the AGREEMENT. An annual
certificate of insurance specifically referencing this PROJECT shall be
submitted to the CITY for each year following completion of the
AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained
all required insurance shall be attached to this AGREEMENT prior to
its execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall
be acceptable in the event of non-payment of premium. Notice shall be
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sent to the respective Department Director (by name), City of Denton,
901 Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State
of Texas and have a minimum rating of A:V or greater, in the current
A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis.
The CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups.
Dedicated financial resources or letters of credit may also be
acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
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.
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K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as
a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this AGREEMENT and prior to final payment
under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should
have been aware of at the time this AGREEMENT was executed, the ENGINEER shall
revise plans and specifications, as required, at its own cost and expense. However, if
design changes are required due to the changes in the permitting authorities' published
design criteria and/or practice standards criteria which are published after the date of
this AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed
per Exhibit B to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
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shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color,
genetic testing, or national origin, be refused the benefits of, or be otherwise
subjected to discrimination under any activities resulting from this
AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of
the CITY's facilities as may be required in connection with the ENGINEER's services.
The CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or
federal authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as
the CITY deems appropriate; and render in writing decisions required by the CITY in a
timely manner in accordance with the PROJECT schedule prepared in accordance with
Exhibit B.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
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becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the
CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(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.
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I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of
the policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY. In the event CITY requests such services of the
ENGINEER, this AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any such
instruments of service without the written permission of the ENGINEER will be at the
CITY's sole risk. The CITY shall own the final designs, drawings, specifications and
documents.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of the
ENGINEER that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
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IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination
of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders,
laws ordinances and regulations which may exist or may be enacted later by governing
bodies having jurisdiction or authority for such enactment. No plea of misunderstanding
or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS
AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING
OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR
REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
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ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 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
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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
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
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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 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 Location Map
Exhibit B – Schedule of Work
Exhibit C – Compensation/Fee Proposal
Exhibit D – Conflict of Interest Questionnaire
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.
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Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY
CITY OF DENTON, TEXAS
BY:
ENGINEER
BINKLEY & BARFIELD, INC.
Sara Hensley, City Manager
Authorized Agent, Title
Full Name: ________________________
_________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
ATTEST:
JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: _____________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
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2023-1084004
Managing Director
Antonio “Tony” Romo II
Capital Projects
rector of Capital Projects
10/20/2023
11/14/2023
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EXHIBIT “A”
SCOPE OF SERVICES
PROJECT DESCRIPTION:
Project includes the widening of two segments of Riney Road from the existing 25-
foot width to the full 38-foot face to face road section. The first of the two segments
to be widened consists of approximately 1,310 linear feet from US 77 (N. Elm
Street) along the frontage of an existing City of Denton park property to the eastern
edge of the Vista Del Arroyo residential subdivision. The second section of Riney
Road to be widened consists of approximately 270 linear feet along the frontage of
two single family residential lots (2103 & 2119 Riney Road). The widening along
the second section will require right-of-way acquisition. The project also consists of
a 10-foot-wide concrete hike and bike trail to be constructed on City of Denton park
property. The trail will extend from the new Denton ISD elementary school property
on the north and connect to an existing concrete walk west of the softball fields.
The hike and bike trail will also require a prefabricated pedestrian bridge for
drainage swale crossing. Exhibit A-1 is attached to this scope showing a graphical
representation of the proposed work under this scope. The Riney Road widening
will also include addition of new storm lines, street lighting, and adjustment of
existing utilities that may be in conflict.
BASIC SERVICES:
A. Project Coordination and Data Collection
1. Meet with CITY representatives for a kickoff meeting to discuss the details of the
project and obtain design criteria, standard details, pertinent utility plans, record
drawings, plats and right-of-way maps, existing easement information and other
information available for the project area
2. Perform site visits to verify existing conditions and document with site photos and
field notes, as necessary.
3. Prepare written progress reports to be submitted with monthly pay requests. The
Engineer’s written progress report shall describe activities during the reporting
period, activities planned for the following period, information needed from the
City and overall status of the project.
4. Develop and maintain a detailed project schedule.
5. Attend meetings with stakeholders as necessary to coordinate the project design
6. Use of Procore software throughout design, bidding, and construction of the
project.
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B. Conceptual Design (30% Complete)
1. Prepare conceptual plans illustrating the following:
a. Existing surveyed features (right-of-way, easements, pavement, curbs,
walls, fences, fire hydrants, trees, sidewalks, water meters, valves, utility
boxes, manholes, inlets, and all other visible surface features).
b. Existing utility locations (water, sanitary sewer, and storm sewer)
c. Proposed typical section
d. Proposed horizontal street and sidewalk alignments
e. Proposed horizontal alignment storm sewer lines
f. Proposed lighting layout
g. Proposed right-of-way acquisition.
h. Proposed horizontal location of hike & bike trail and pedestrian bridge
i. Drive connection to existing park property on south side of Riney Road
2. Coordinate with affected utilities such as gas, telephone, cable TV, and electric to
obtain accurate information for the location of their facilities.
3. Prepare an estimate of construction quantities and develop the conceptual
statement of probable construction cost.
4. Submit conceptual plans and Opinion of Probable Construction Cost (OPCC) to
the City for review.
5. Meet with City to discuss 30% plan set review.
C. Preliminary Design (60% Complete)
1. Attend Conceptual Design Review meeting with City staff to discuss layouts and
receive feedback on proposed alignments.
2. Incorporate City’s review comments from conceptual design submittal.
3. Prepare preliminary construction plans. Prepare the following drawings to an
approved scale:
a. Cover Sheet
b. General Notes Sheet
c. Quantity Sheet
d. Project Layout and Control Sheets
e. Demolition Plan & Plan Sheets
f. Typical Sections
g. Roadway Plan & Profile Sheets
h. Hike and Bike Trail Plan & Profile Sheets
i. Pedestrian Bridge Abutment Design
j. Drainage Area Map
k. Drainage Calculations Sheet
l. Storm Sewer Plan & Profile Sheets
m. Street Lighting Sheets
n. Pavement Markings and Signage Sheets
o. Erosion Control Sheets
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p. Construction Phasing and Traffic Control Plans and Notes
q. Cross Sections at 50’ intervals
r. Detail Sheets
4. Drainage analysis of existing street, inlet, and storm drainage system capacity in
compliance with the current City standards
5. Recommendation for proposed storm sewer system improvements (if needed)
6. Provide an electronic PDF format set of plans to the City for distribution to the
franchise utility companies affected by the construction.
7. Prepare an estimate of construction quantities and develop the preliminary
statement of probable construction cost.
8. Submit preliminary plans and cost estimate to the City for review.
9. Meet with City staff to discuss comments regarding 60% submittal review.
D. Pre-Final Design (90% Complete)
1. Attend Preliminary Design Review meeting with City staff to receive feedback on
submittal.
2. Revise plans incorporating comments from preliminary submittal.
3. Incorporate comments from franchise utility companies.
4. Prepare plans for Pre-Final Submittal. Submittal will include cross sections for
each driveway.
5. Prepare special technical specifications required to construct the project.
6. Revise estimate of construction quantities and preliminary statement of probable
construction cost.
7. Prepare list of bid item descriptions.
8. Submit pre-final plans, outline of special technical specifications, opinion of
probable construction costs, and list of bid item descriptions.
9. Provide an electronic PDF format set of plans to the City for distribution to the
franchise utility companies affected by the construction.
10. Meet with City to discuss 90% submittal review.
E. Final Design (100% Complete)
1. Attend Pre-Final Design Review meeting with City staff to receive feedback on
submittal.
2. Revise plans incorporating comments from the pre-final submittal.
3. Incorporate comments from franchise utility companies.
4. Prepare plans for Final submittal.
5. Finalize any special technical specifications.
6. Incorporate standard details into the construction plans and prepare additional
details as required.
7. Prepare final construction quantity take-offs and final construction cost estimates.
8. Finalize list of bid item descriptions.
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9. Submit final plans, special technical specifications, opinion of probable
construction costs, bid schedule, and bid item descriptions.
10. Incorporate City final comments into the plans and bid documents.
11. Prepare construction plans and specifications to be issued for bidding.
F. Bid Phase Services
1. Assist City staff in advertising for bids
2. Provide responses to questions submitted during bidding process.
3. Assist City in interpreting bid documents.
4. Attend pre-bid meeting.
5. Prepare and provide the City with addenda to bid documents, if necessary.
G. Construction Phase Services
1. Attend and assist City in holding a pre-construction conference and a public
meeting.
2. Review shop drawings and material submittals.
3. Review proposed construction schedules, if requested by City Staff.
4. Review and provide written responses to Requests for Information (RFIs).
5. Assist City PM with construction change orders, if necessary.
6. Site visits by the design Engineer, as required during construction and
attendance of one (1) construction meeting per month.
7. Assist City Staff in conducting final inspection.
8. Recommend final acceptance of completed work.
9. Prepare construction “Record Drawings” updating the project plans to reflect any
field changes or plan revisions. Record drawings shall be delivered in a digital
format. The drawings shall be 24” x 36” in size and shall bear “Record Drawing”
stamp and the seal and signature of the Engineer along with the date.
10. Construction Phase Services will be billed on an hourly not to exceed basis and
includes the following estimated time:
13 hours of a Sr. Project Manager at $290/hr
25 hours of a Project Engineer at $161/hr
50 hours of EIT II at $145/hr
SPECIAL SERVICES:
A. Design Survey Riney Road
1. Survey Control
a. Establish a minimum of four (4) horizontal and vertical control points along
Riney Road and place the points where they will be unlikely to be disturbed
during the construction phase of the project.
b. Prepare Survey Control and Index sheet(s) for the PS&E plan set
c. Control will be established based on City of Denton GPS Benchmarks or
other as required.
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2. Topographic and Existing ROW Survey
The survey limits shall extend from the existing north ROW line of Riney Road to
its existing (proposed) south ROW line, and the north 100’ of Hardaway Road
from its existing west ROW line to its existing east ROW line. Services shall
include:
a. Perform abstracting (deed/plat research)
b. Locate and tie boundary corners along Riney Road and intersecting streets.
c. Determine the existing ROW of Riney Road, intersecting streets and adjacent
land boundaries on the south side of Riney Road. The existing ROW will be
shown on the topographic survey.
d. Obtaining elevations and locations of existing paving, improvements,
driveways, signs, natural ground, ditches, irregularities in the natural ground
and other visible features within and adjacent to the project. Full topo will
include cross sections of roadway at approximate 50-foot intervals. “Texas
811” will be notified to have utilities marked and flagged prior to beginning the
fieldwork. Utilities within and adjacent to the limits shall be located and tied
based on visual evidence and provided plans and maps. The flow line
elevations and pipe sizes shall be obtained on storm sewer lines, sanitary
sewer lines and culverts. The top and flow line elevations will be obtained on
inlets, manholes, and drainage structures. Trees with a trunk diameter of 4
inches or greater will be tied.
e. Existing utility information shall be based on visible evidence and as-built or
other information provided by the Client.
3. Parcels for Acquisition – Survey Legal Description
Baseline shall prepare surveys of two (2) parcels (2103 & 2119 Riney Road) for
acquisition to support the widening of Riney Road. The parcels are located on
the east and west side of Hardaway Road, on the south side of Riney Road.
Services shall include preparing signed and sealed survey drawings and metes
and bounds descriptions for each tract of land. The proposed ROW will be
staked on the ground and the surveys will be signed and sealed by a Texas
Registered Professional Land Surveyor.
B. Design Survey – Hike & Bike Trail
The exact locations (Survey Limits) of the proposed walking trails shall be
provided by the Client prior to performing the topographic survey. Based on the
exhibit provided within the email from the Client, Baseline shall provide the
following:
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1. Survey Control
a. Establish a minimum of five (5) horizontal and vertical control points generally
along the proposed trail routes and place where the points will unlikely to be
disturbed during the construction phase of the project.
b. Prepare Survey Control and Index sheet(s) for the PS&E plan set
c. Control will be established based on City of Denton GPS Benchmarks or
other as required.
2. Boundary Line Survey
a. Perform abstracting (deed/plat research)
b. Locate and tie boundary corners generally along and near the proposed route
of the trails.
c. Determine the existing boundaries which will affect the proposed trails. The
existing boundaries will be provided to the Client prior to performing the
topographic survey to determine the location of the proposed trails
3. Topographic Survey
The survey limits shall extend approximately twenty (20) feet on both sides of the
proposed centerline of the proposed trails. The location of the trails shall be
provided by the Client utilizing the above boundary line survey. Services shall
include:
a. Obtaining elevations and locations of existing paving, improvements,
driveways, signs, natural ground, ditches, irregularities in the natural ground
and other visible features within and adjacent to the project. Full topo will
include cross sections along the proposed trail routes at approximate 50-foot
intervals. “Texas 811” will be notified to have utilities marked and flagged
prior to beginning the fieldwork. Utilities within and adjacent to the project
shall be located and tied based on visual evidence and provided plans and
maps. The flow line elevations and pipe sizes shall be obtained on storm
sewer lines, sanitary sewer lines and culverts. The top and flow line
elevations will be obtained on inlets, manholes, and drainage structures.
Trees with a trunk diameter of 4 inches or greater will be tied.
b. Existing utility information shall be based on visible evidence and as-built or
other information provided by the Client.
C. Roadway Illumination Coordination
This task will include coordination with Denton Municipal Electric (DME). Binkley &
Barfield will provide roadway plans and CAD files to DME for their design of the street
light system for Riney Road. Binkley & Barfield will coordinate its roadway design with
the DME lighting design and include DME produced plans in the project bid set. This
task does not include and roadway illumination design efforts by Binkley & Barfield, and
consists only of coordination and inclusion of DME plans in the project bid set.
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D. TxDOT Permit Assistance
This task will include preparing permit plans for submittal for a TxDOT permit for
pavement connection to US 77 on the east side of the project. The task also
includes addressing comments from TxDOT and coordination with the City of
Denton to obtain permits. Task includes assisting City, as required, to obtain
TxDOT permits for construction project.
E. Parcel Acquisition Services
This will include services of a right-of-way acquisition firm. Services will be for
two property locations (2103 & 2119 Riney Road). Services will include
appraisals and acquisition services. If condemnation services are required, this
can be provided under separate contract.
1. Appraisals
a. Provide appraisal of the property value associated with the right-of-way take
for Riney Road Widening.
2. Right-of-Way Acquisition
a. Provide negotiations with landowners for settlement of right-of-way take for
Riney Road.
F. Geotechnical
This task will include performing a total of eight (8) borings. These soil borings
will be drilled with a truck mounted drill rig. Seven (7) borings will be drilled to a
depth of 10 feet below existing grade for the roadway widening and hike and bike
trail. One boring will be drilled to a depth of 40 feet or 10 feet into the component
bedrock (whichever is shallower) from the existing grade for the prefabricated
pedestrian bridge. Soil samples will include moisture content, Atterberg Limits,
passing No. 200 sieve, soluble sulfate, lime/pH series and unconfined
compression test and preparation of an engineering report. The engineering
report will include the following;
Observations from the site reconnaissance including current site
conditions, surface drainage features, and surface topographic conditions.
A review of the published soil and geologic conditions and their relevance
to the planned development.
A subsurface characterization and description of the field exploration and
laboratory tests performed. Groundwater concerns relative to the planned
construction, if any, will be summarized.
Final logs of the soil borings and records of the field exploration in
accordance with the standard practice of geotechnical engineers, and the
results of the laboratory tests will be noted on the final boring log or
included on a separate test report sheet.
Geotechnical design parameters for suitable foundations for prefabricated
pedestrian bridge. This will also include estimates of the predicted
foundation movement and soil moduli.
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Recommendations for preparation of subgrade.
Pavement design recommendations according to the City of Denton
Transportation Design Criteria Manual, 2022 specification requirements
for construction based on the traffic data provided by the City.
Compaction requirements and suitable material guidelines for the grading
the site.
Testing and recommendations for pavement design related to sulfates.
Recommendations regarding surface and subsurface drainage, during and
after construction.
Recommendations for seismic site classification in accordance with the
International Building Code (IBC).
G. TDLR Registration, Review, and Inspection
1. TDLR Services
a. Register the project with TDLR Texas Architectural Barriers System.
b. Provide a PROWAG compliance review of the construction plans. The
compliance review shall be performed by a licensed RAS.
c. Provide a post construction inspection and final report. The inspection and
report to be performed by a licensed RAS.
d. Provide follow up inspections following corrective action by the Contractor, to
confirm compliance.
e. Complete all necessary documentation and submit to TDLR.
Reimbursable Expenses:
Costs for any required mailing, printing, and mileage.
Client Provided Services:
The Client shall provide to Binkley & Barfield, Inc. the following:
1. Available record drawings
2. Available planimetric data
3. Available aerial imagery
4. Contract Documents boiler plate
5. Standard details
6. Design criteria
7. Other information pertinent to the project
8. Right-of-entry coordination with property owners for surveyor to access
yards and driveways
Exclusions:
Right-of-entry coordination for surveying and construction
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Construction staking
Right-of-way/easement documents
SWPPP
Preparation of bid tabulations
Evaluation of bidders
Providing recommendation of contract award
Preparation of construction change orders
Street Illumination Design
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Prefab Pedestrian BridgeBonnie Brae RoadHardaway Road
Riney Road
EXHIBIT A-1
PROPOSED WORK THIS
CONTRACT IN RED
10' Wide Concrete Trail
Approx. 7,50 LF
10' Wide Concrete Trail
Approx. 1,700 LF
New Drive to Park
Property
New
Elem.
School Widen Riney to 38'
Face to Face from
Exist. 25' Width
Approx. 1,310 LF
Widening By Others
Not This Contract
Widen Riney to 38'
Face to Face from
Exist 25' Width
Approx. 270 LF
R-O-W Aquisition 2
Tracts
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EXHIBIT “B”
SCHEDULE OF WORK
1 Notice to Proceed (Professional
Services)16-Oct-23 1 16-Oct-23
2 Design Survey 17-Oct-23 60 16-Dec-23
3 Conceptual Design (30%) 16-Dec-23 40 25-Jan-24
4 City Review (30%) 25-Jan-24 15 9-Feb-24
6 Preliminary Design (60%) 9-Feb-24 60 9-Apr-24
7 City Review 9-Apr-24 15 24-Apr-24
8 Pre-Final Design (90%) 24-Apr-24 45 8-Jun-24
9 City Review 8-Jun-24 15 23-Jun-24
10 Final Design (100%) (100% Review Set) 23-Jun-24 30 23-Jul-24
11 City Review 23-Jul-24 15 7-Aug-24
12 Signed & Sealed Submittal 7-Aug-24 5 12-Aug-24
13 Bid Phase 12-Aug-24 30 11-Sep-24
15 Construction 11-Sep-24 270 8-Jun-25
Completion Time
(Calendar Days)Estimated End DateEstimated Start Date
City of Denton Riney Road Expansion
Esitmated Schedule 9/13/2023
Activity
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EXHIBIT “C”
FEE PROPOSAL
DESCRIPTION AMOUNT
BASIC SERVICES
A. Project Coordination and Data Collection (Lump Sum) $7,500.00
B. Conceptual Design - 30% Plans (Lump Sum) $25,000.00
C. Preliminary Design - 60% Plans (Lump Sum) $55,500.00
D. Pre-final Design 90% Plans (Lump Sum) $35,000.00
E. Final Design 100% Plans (Lump Sum) $20,000.00
F. Bid Phase Services (Lump Sum) $3,500.00
G. Construction Phase Services (Est. Hourly)* $15,045.00
Total Basic Services Fee: $161,545.00
*See Section G in Scope of services for estimated hourly breakdown
Reimbursable Expenses: $1,000
Costs for any required mailing, printing, and mileage.
Total Reimbursable Fee: $1,000
SPECIAL SERVICES
A. Design Survey Riney Road (Lump Sum)
1. Survey Control $3,000.00
2. Topographic and Exist. ROW Survey $11,400.00
3. Parcels for Acquisition (2 @ $3,240 Ea.) $6,480.00
B. Design Survey Hike & Bike Trial (Lump Sum)
1. Survey Control $3,720.00
2. Boundary Line Survey $6,270.00
3. Topographic Survey $13,080.00
C. Roadway Illumination (Est. Hourly) $9,000.00
D. TxDOT Permit Assistance (Lump Sum) $5,000.00
E. Parcel Acquisition Services (Lump Sum)
1. Appraisals (2 @ $4,600 Ea.) $9,200.00
2. Right-of-Way Acquisition (2 @ 6,900 Ea.) $13,800.00
F. Geothechnical $20,150.00
G. TDLR Registration, Review, Inspection (Lump Sum) $4,000.00
Total Special Services Fee: $105,100.00
Total Fee: $267,645.00
DocuSign Envelope ID: F834EC19-4DF2-4C24-B029-4F486233603A
Classification Unit Billable Rate
Principal Hour $318.00
Sr. Project Manager Hour $290.00
Project Manager Hour $225.00
Structural Engineer Hour $225.00
Construction Manager Hour $225.00
Sr. Project Engineer Hour $190.00
Project Engineer Hour $161.00
Field Engineer Hour $175.00
Electrical & Instrumentation Engineer Hour $190.00
Engineer Technician Hour $158.00
EIT II Hour $145.00
Graduate Engineer/EIT I Hour $127.00
Structural Inspector Hour $145.00
Construction Observer/Sr. Inspector III Hour $145.00
Construction Observer/Inspector II Hour $135.00
Construction Observer/Inspector I Hour $110.00
Sr. Designator Hour $122.00
Designator Hour $105.00
Sr. Utility Coordinator Hour $176.00
Utility Coordinator Hour $154.00
Production Manager Hour $237.00
Production Technician Hour $99.00
Sr. Electrical Designer Hour $165.00
Sr. CADD/Designer Hour $157.00
CADD/Designer Hour $142.00
CADD Technician Hour $117.00
GIS Manager Hour $150.00
GIS Analyst Hour $107.00
Sr. Clerical/Administrator/Document Specialist/Recordkeeper Hour $100.00
Clerical/Administrator Hour $92.00
3D Modeling Day $955.00
*These rates are subject to a Consumer Price Index (CPI) adjustment.
Binkley & Barfield, Inc.
2023 Billable Rates by Classification
1. Subconsultant, reproduction, delivery, and other associated expenses shall be reimbursed at cost plus
10%.
2. Mileage shall be reimbursed at the current federal rate as published by the IRS.
Direct Expenses
Revised: 1/11/2023
DocuSign Envelope ID: F834EC19-4DF2-4C24-B029-4F486233603A
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: F834EC19-4DF2-4C24-B029-4F486233603A
Binkley & Barfield, Inc.
Exhibit D
10/20/2023
X
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: F834EC19-4DF2-4C24-B029-4F486233603A
Certificate Of Completion
Envelope Id: F834EC194DF24C24B0294F486233603A Status: Completed
Subject: Please DocuSign: City Council Contract 7599-014 Riney Road East Reconstruction
Source Envelope:
Document Pages: 34 Signatures: 6 Envelope Originator:
Certificate Pages: 6 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
10/13/2023 2:39:04 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 10/17/2023 3:35:14 PM
Viewed: 10/17/2023 3:35:28 PM
Signed: 10/17/2023 3:35:39 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: 10/17/2023 3:35:41 PM
Viewed: 10/18/2023 8:17:34 AM
Signed: 10/18/2023 8:20:07 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/18/2023 8:20:10 AM
Viewed: 10/20/2023 3:33:03 PM
Signed: 10/20/2023 3:36:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Antonio “Tony” Romo II
ARomo@binkleybarfield.com
Managing Director
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.183.204.31
Sent: 10/20/2023 3:36:03 PM
Viewed: 10/20/2023 3:36:37 PM
Signed: 10/20/2023 3:40:35 PM
Electronic Record and Signature Disclosure:
Accepted: 10/20/2023 3:36:37 PM
ID: 31b3fcd5-5b9c-416d-91e5-6df8c1c2bdac
Signer Events Signature Timestamp
Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
rector of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.130.227
Signed using mobile
Sent: 10/20/2023 3:40:38 PM
Viewed: 10/20/2023 6:34:49 PM
Signed: 10/20/2023 6:35:44 PM
Electronic Record and Signature Disclosure:
Accepted: 10/20/2023 6:34:49 PM
ID: 052c1a5a-cebc-49c5-853b-50d52597add6
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 10/20/2023 6:35:49 PM
Viewed: 11/15/2023 12:58:04 PM
Signed: 11/15/2023 12:58:28 PM
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: 198.49.140.10
Sent: 11/15/2023 12:58:31 PM
Viewed: 11/15/2023 12:59:36 PM
Signed: 11/15/2023 12:59:40 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/15/2023 12:59:44 PM
Viewed: 11/15/2023 1:29:55 PM
Signed: 11/15/2023 1:30:28 PM
Electronic Record and Signature Disclosure:
Accepted: 11/15/2023 1:29:55 PM
ID: 43d41bc8-dd45-4cb7-9691-222780e198e1
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: 10/17/2023 3:35:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/20/2023 6:35:47 PM
Viewed: 10/23/2023 2:00:34 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/15/2023 1:30:32 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Perez
Jesus.Perez@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 11/15/2023 1:30:33 PM
Electronic Record and Signature Disclosure:
Accepted: 9/14/2023 1:37:37 PM
ID: ada6eb6d-9a6a-4074-92d3-5fd85195f04b
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/17/2023 3:35:14 PM
Certified Delivered Security Checked 11/15/2023 1:29:55 PM
Signing Complete Security Checked 11/15/2023 1:30:28 PM
Completed Security Checked 11/15/2023 1:30:33 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: Antonio “Tony” Romo II, Trevor Crain, PMP, Jesus Salazar, 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
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must state your e-mail, full name, IS Postal Address, telephone number, and account
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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
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Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
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providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
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To confirm to us that you can access this information electronically, which will be similar to
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please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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