7599-017 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
Cori Power
Not Applicable
7599-017PSA
Mingo-Ruddell Quiet Zone Improvement Design
MAY 7, 2024
N/A
24-898
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
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 Kimley-Horn and Associates, Inc., with its corporate office at 1999 Bryan St.
Ste. 900, Dallas, TX 75201 and authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Design of Mingo Ruddell Quiet Zone 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 Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $6,640,400 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
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 Attachment 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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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
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PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation
from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
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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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
compensation and employers liability insurance and, if necessary,
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commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
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
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Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial 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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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment 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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ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment 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
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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.
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
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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.
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:
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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
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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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
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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
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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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 23-1165 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. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/filinginfo/1295/
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
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 OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
KIMLEY-HORN AND ASSOCIATES, INC.
Authorized Agent, Title
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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Scott Arnold
Scott R. Arnold
2024-1142357
05/07/2024
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
ATTEST:
, 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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Director of Capital Projects
4/4/2024
Capital Projects
LAUREN THODEN
Mingo-Ruddell-Quiet Zone 1 of 23 February 29, 2024
ATTACHMENT "A"
MINGO-RUDDELL-QUIET ZONE IMPROVEMENTS
Scope of Services
PROJECT UNDERSTANDING
The Scope of Services consists of design and construction phase services for full depth street
reconstruction,storm drain installation,utility replacement,roadway illumination, traffic signals,
quiet zone improvements,pedestrian and bicycle facility improvements along Mingo Road and
Ruddell Street,as defined in Attachment E.This scope of services consists of the following:
Reconstruction of Mingo Road between Bell Avenue to Mockingbird Lane to provide 3
lanes with curb cross section consisting of one lane each direction with center turn lane.
Reconstruction of Ruddell Street from University Drive (US 380) to Mingo Road to
provide 3 lanes with curb cross section consisting of one lane each direction with center
turn lane.
Creating a new Ruddell Street at-grade crossing at Mingo Road and Union Pacific
Railroad (UPRR)tracks and extending a new alignment south to connect to Ruddell
Street south of Ruddell Street and Texas Street intersection.
Close the at-grade railroad crossings at Willis Street and Pertain Street.
Installation of pedestrian infrastructure consisting of sidewalk and shared use path along
both Mingo Road and Ruddell Street. The feasibility of installing on street bike lane with
buffer will be evaluated based on right-of-way (ROW) constraints.
Installation of internal storm drain and culvert crossings along Mingo Road and Ruddell
Street.Additional drainage studies will be conducted for the Mingo Road culvert crossing
and Meadow Oaks subdivision runoff.
Provide photometric analysis and roadway illumination for both Mingo Road and
Ruddell Street.
Installation of a new traffic signal at the intersection of Mingo Road and Ruddell Street.
Intersection improvements at Mingo Road and Mockingbird Lane and evaluate a new
traffic signal at this intersection.
Traffic signal modifications at Mingo Road at Nottingham Drive, Ruddell Street at US
380,and Mockingbird Lane and US 380.
Quiet zone improvements and at-grade crossing improvements for the at-grade crossings
of UPRR along Mingo Road at the crossings of Frame Street,new Ruddell Street
crossing,Nottingham Drive, Private Driveway,and Mockingbird Lane.
Provide traffic signal pre-emption and pedestrian and bicycle facility through railroad
crossings.
Relocations of approximately 8,600 linear feet of 6-inch through 12-inch water main and
4,800 linear feet of 8-inch through 15-inch sanitary sewer.
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Detailed Construction Phasing,Traffic Control, and Detour Plans for Mingo Road,
Ruddell Street,at-grade crossings of UPRR along Mingo Road at the crossings of Frame
Street,new Ruddell Street crossing, Nottingham Drive, Private Driveway,and
Mockingbird Lane,and closures for the at-grade crossings of UPRR at Willis Street and
Pertain Street
The ENGINEER understands the Project will be delivered via Construction Manager at Risk
(CM@R).
SCOPE OF SERVICES
The ENGINEER will perform its services pursuant to the requirements delineated with
ATTACHMENT "A".Services under this attachment consist of the following tasks:
Task 1 –Project Management
Task 2 –Coordination Meetings
Task 3 –Public Involvement
Task 4 –Data Collection
Task 5 –Alternative Analysis
Task 6 –Roadway Design
Task 7 –Pedestrian and Bicycle Improvements
Task 8 –Stormwater Design
Task 9 –Quiet Zone Improvements
Task 10 –Utility Design
Task 11 –Traffic Signal Design
Task 12 –Illumination Design
Task 13 –Construction Phase Services
Task 14 –Record Drawings
Task 15 –Property Acquisition Services
Task 1 Project Management
Task 1.1 Kick-off Meeting and Risk Workshop
The ENGINEER will conduct a kick-off meeting and risk workshop with the project team to
determine design criteria,project schedule, discuss project responsibilities,and create a risk
register with the following:
Critical issues affecting project completion.
Significant project considerations.
Permit requirements.
Action plan for each identified risk.
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Task 1.2 Monthly Status Reports and Invoicing
The ENGINEER will provide monthly invoices and status reports.
Task 1.3 Permitting
The CITY will be responsible for administration of all permits. The ENGINEER will provide
exhibits and information necessary for permit approval.The ENGINEER understands the
following permits will be required:
TxDOT Permits for Traffic Signal Upgrade
UPRR License Agreement for Water and Sewer Crossing
Railroad right of entries
UPRR Preliminary Engineering (PE)Agreement
UPRR Pre-Emption Agreement
UPRR Construction and Maintenance (C&M) Agreement
Task 1.4 CM@R Program Documentation
The ENGINEER will assist the CITY with CM@R program documentation. The ENGINEER
will attend one (1) work session with the project team to discuss processes,procedures, and
lessons learned as they relate to the CM@R delivery method.
Assumptions:
The kick-off meeting and risk workshop will occur after the CM@R has been selected by
the CITY.
It is assumed Project Management will be required for forty-eight (48)months.
Additional Project Management will be considered Additional Services.
Deliverables:
Monthly invoices and status reports
Meeting agendas and meeting notes
CM@R lessons learned
Task 2 Coordination Meetings
Task 2.1 Coordination Meetings with Project Team
The ENGINEER will conduct and document biweekly (every two weeks)coordination meetings
with the project team and other key stakeholders.During these meetings, the design team will
discuss design elements, challenges, and make decisions regarding any proposed design options.
Task 2.2 DME and Franchise Utility Coordination
The ENGINEER will coordinate with Denton Municipal Electric (DME) and franchise utility
companies within the project area to obtain existing line maps, determine potential conflicts, and
provide conflict information to the CITY for further coordination.The ENGINEER will assist
the CITY in review of any franchise utility relocation plans. Up to three hundred (300) hours will
be spent on franchise utility coordination. Any additional time spent beyond the allotted three
hundred (300) hours will be considered additional services.
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Task 2.3 TWU Coordination
The ENGINEER will conduct and document up to five (5) meetings with Texas Woman’s
University (TWU) staff. These meetings will focus on project segments within the TWU campus
to coordinate design alternatives, ROW acquisition, constructability, and schedule.Up to two
hundred (200)hours will be spent on TWU coordination. Any additional time spent beyond the
allotted two hundred (200)hours will be considered additional services.
Task 2.4 UPRR Coordination
The ENGINEER will coordinate with UPRR for both quiet zone improvements and widening of
roadway on their ROW. These meetings will focus on project segments within the UPRR to
coordinate design alternatives,ROW acquisition,constructability, and schedule.
This task will consist of any meetings and documentation required by UPRR prior to and after
diagnostic meeting.The ENGINEER anticipates pre-diagnostic coordination with UPRR is
necessary to determine the cross section of Mingo Road that will be widened to existing UPRR
Right-of-Way.The ENGINEER will prepare one (1)Justification Memo as needed to request
exception to UPRR criteria.The cross-section exhibits will be developed for UPRR discussion as
outlined on Task 5.1.Any additional exhibits required will be provided under this task.Up to two
hundred and fifty (250)hours will be spent on UPRR coordination.Any additional time spent
beyond the allotted two hundred fifty (250)hours will be considered additional services.
Task 2.5 TxDOT Coordination
The ENGINEER will coordinate with TxDOT for the project to tie in at US 380 and Ruddell
Street and Mockingbird Lane intersections.The ENGINEER will submit permit plans to TxDOT
for any necessary modifications required at these intersections for approval.Up to forty (40)
hours will be spent on TxDOT coordination. Any additional time spent beyond the allotted forty
(40)hours will be considered additional services.
Task 2.6 Additional Stakeholder Coordination
The ENGINEER will provide additional coordination for stakeholders along the corridor,
including but not limited to adjacent residents and businesses.Up to one hundred (100) hours will
be spent on Additional Stakeholder Coordination. Any additional time spent beyond the allotted
one hundred (100) hours will be considered additional services.
Assumptions:
It is assumed Coordination Meetings will be required for thirty-six (36)months.
Additional Coordination Meetings will be considered Additional Services.
It is assumed Coordination Meetings with Project Team will occur virtually.
Franchise Utility,TWU, UPRR and TxDOT coordination may be virtual or in-person.
Deliverables:
Meeting agendas and meeting notes
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Task 3 Public Involvement
Task 3.1 Public Meetings
The ENGINEER will prepare materials,attend, and document as needed for up to four (4) public
meetings. The CITY will be responsible for selecting and scheduling meeting location and
distributing notifications to the public either through mailers, social media,or email. It is
anticipated the public meetings will occur during conceptual design,final design, pre-
construction, and during construction.
Task 3.2 Project Informational Materials
The ENGINEER will assist the CITY with updated project information and materials to be used
in council meetings and for a project website.
Deliverables:
Public meeting materials and meeting notes
Project informational materials
Task 4 Data Collection
Task 4.1 Data Collection and Analysis
The ENGINEER will collect data to develop a base map. This information will be utilized to
analyze existing constraints and issues for the development of the conceptual design.The
following elements will be used to develop the base map.
4.1.1 Aerial Photography –The ENGINEER will collect aerial photography for the project
corridor from NearMaps and/or available aerial photos from the CITY.
4.1.2 Available Record Drawing Research –The ENGINEER will collect any available
record drawings from the CITY within the project limits.
4.1.3 Available CITY GIS utility information –The ENGINEER will utilize the CITY’s
online GIS information to compile utility information for the study area.
4.1.4 Field Observation –The ENGINEER will conduct up to three (3) site visits to
visually document the existing conditions with the CM@R.
4.1.5 Utility Data Collection –The ENGINEER will meet with the CITY to discuss
historical, existing, and future conditions along the project corridor.
Task 4.2 Topographic and Boundary Survey
The ENGINEER will prepare a topographic survey and right-of-way determination to be used for
civil engineering design purposes. The topographic survey is to be used in-house and will not be
issued as a stand-alone survey document.
4.2.1 The limits of survey along Mingo Road extend from the intersection of N Bell Ave to
E University Drive (US 380)and it will extend along North Ruddell from Paco Trail
south of railroad tracks to E University Drive to the north. The limits of topographic
survey for the project area is identified in Attachment E.
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4.2.2 The survey will consist of: the location of the right-of-way lines and adjoining
property lines including UPRR right-of-way along with existing easements readily
available in the public record (this does not include an abstract of title);elevations;
contour lines representing the surface of the existing ground at one foot intervals
based on a survey grid system and tied to existing control points;observed (only if
clearly visible from the surface)locations of existing water, sewer,storm drain,
franchise utility facility appurtenances,trees, shrubs, and flowerbeds;pavement,
sidewalk,and other visible corridor improvements; UPRR rails and crossing panels;
and benchmarks established with the survey.
Task 4.3 Geotechnical Analysis
The ENGINEER will utilize a subconsultant to perform geotechnical analysis to determine a
pavement and subgrade treatment recommendation.Up to thirty (30)bore holes will be
completed for the analysis.Additional soil analysis will be obtained for recommendations to be
used in retaining wall design.
Task 4.4 Subsurface Utility Engineering (SUE)
The ENGINEER will, via a sub-consultant, expose certain utilities using SUE methods and
collect survey data on their exposed location. This information will be used during civil
engineering design. SUE qualities are described as follows:
4.4.1 Level B Subsurface Utility Exploration
o Quality Level B (QL-B)involves the application of appropriate surface
geophysical methods to determine the existence and horizontal position of
virtually all utilities within the project limits. This activity is called
“designating”.The information obtained in this manner is surveyed to project
control. It addresses problems caused by inaccurate utility records, abandoned or
unrecorded facilities, and lost references.
o SUE QL-B will be completed for the entire project area identified in Attachment
E.Additional Level B SUE will be considered additional services.
4.4.2 Level A Subsurface Utility Exploration
o Quality Level A (QL-A), also known as “locating”, is the highest level of
accuracy presently available and involves the full use of subsurface utility
engineering services. It provides information for the precise plan and profile
mapping of underground utilities through the nondestructive exposure of
underground utilities. QL-A provides the type, size, condition, material, and
other characteristics of underground features.
o SUE QL-A fee is based on obtaining up to one hundred (100)test holes within
the limits of Attachment E.Test hole information will be provided in the
construction drawings in a table format. Any additional test holes needed will be
considered additional services.
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Task 4.5 Traffic Data Collection
The ENGINEER will, via subconsultant collect traffic data as follows:The collected traffic data
will be used for engineering design purposes,railroad quiet zone calculations,and preparation of
NOE and NOI in Task 9.
4.5.1 Collect the 72 hours traffic, cyclists, and pedestrian volumes for all six (6) existing
railroad crossings locations.
4.5.2 Collect 24 hours traffic, cyclists, and pedestrian counts at two (2)locations along
Mingo Road.
4.5.3 Collect 24 hours traffic, cyclists, and pedestrian counts one (1) location on Ruddell
Street.
4.5.4 Collect 24 hour Turning Movement Counts (TMC)at the intersection of Mingo Road
and Mockingbird Lane.
Deliverables:
Geotechnical Report.
SUE plans and test hole logs.
Traffic Data
Task 5 Alternative Analysis
Task 5.1 Street Section Alternatives
5.1.1 The ENGINEER will prepare up to six (6)design alternatives to determine CITY
preferred street section; three (3) alternatives for Mingo Road and three (3)
alternatives for Ruddell Street.Both street segments will be designed with one lane
each direction,two-way center turn lanes, and curb and gutter. The design
alternatives will accommodate pedestrian and bicycle infrastructure.
5.1.2 The ENGINEER will prepare a 22”x34”Alternative Exhibit for each roadway cross
section design alternative,up to six (6) exhibits.
5.1.3 The ENGINEER will prepare up to three (3)separate exhibits before diagnostic
meeting with UPRR to discuss widening of Mingo Road on UPRR right-of-way.The
preferred alternative will be selected by CITY and UPRR prior to diagnostic meeting.
Task 5.2 Ruddell Alignment Analysis
5.2.1 The ENGINEER will prepare up to three (3)design alternatives to evaluate
alignment options for Ruddell Street crossing Mingo Road,at-grade crossing with
UPRR rail line,connecting to existing Lattimore Street, and tying back to existing
Ruddell Street.
5.2.2 The ENGINEER will prepare a 22”x34” Alternative Exhibit for each Ruddell
Alignment design alternative, up to three (3)exhibits.
Task 5.3 Intersection Alternatives
5.3.1 The ENGINEER will prepare up to three (3) design alternatives for the
improvements at the intersection of Mingo Road and Mockingbird Lane to improve
intersection geometry.
5.3.2 The ENGINEER will prepare up to three (3) design alternative for the improvements
at the intersection of Ruddell Street and US 380 to accommodate the ultimate street
section.
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Task 5.4 Traffic Analysis
The ENGINEER will prepare a traffic memo with a link capacity analysis assuming the three-
lane undivided cross section (one lane each direction with the two-way center turn lane).A traffic
signal warrant analysis for Mingo Road and Mockingbird Lane will be performed to determine if
a signal is warranted.The analysis will consist of evaluations of both existing (2024)and a future
year (to be confirmed with the City)traffic volumes. The findings of each analysis will be
documented in a technical memorandum.
Task 5.5 Alternative Analysis Workshop
The ENGINEER will attend one (1) meeting with CITY to discuss the findings of Tasks 5.1-5.4.
Preferred alternatives will be selected during this meeting to be designed in Task 6.
Deliverables:
Digital 22”x34”PDF Alternative Exhibits for Mingo Road; up to three (3)
Digital 22”x34” PDF Alternative Exhibits for Ruddell Street; up to three (3)
Digital 22”x34” PDF Alternative Exhibits for intersection alternatives for Mingo Road
and Mockingbird Lane;up to three (3)
Traffic memo and signal warrant analysis
Task 6 Roadway Design
The ENGINEER will prepare construction plans, specifications, and estimates for full depth
reconstruction of both Mingo Road and Ruddell Street limits identified in Attachment E per
CITY standards.
Task 6.1 Conceptual Design (30%)
6.1.1 The ENGINEER will prepare a Conceptual (30%) Roll Plot consisting of the
following elements:
o Roadway typical sections
Existing and Proposed
o Property information
Existing and proposed right-of-way and easements
o Roadway geometry
Existing and proposed pavement limits, driveways, and side streets
o Pedestrian and bicycle improvements
Proposed sidewalk,curb ramp, and bike lane layouts
Pedestrian and Bicycle improvements design will be performed under Task 7
o Drainage improvements
Existing and proposed horizontal layout for internal storm drain, culvert
crossings, and headwalls
Drainage design will be performed under Task 8
o Quiet zone and railroad crossing improvements design
Quiet zone and railroad crossing improvements design will be performed
under Task 9
o Utility layout
Existing franchise and CITY utilities
Proposed horizontal layout for water and sewer
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Utility design will be performed under Task 10
o Traffic signal
Traffic signal design will be performed under Task 11
o Pavement markings and signage
o Conceptual summary of quantities
o Specification listing
6.1.2 The ENGINEER will provide review of the CM@R’s conceptual deliverable.
6.1.3 The ENGINEER will conduct a Conceptual Design (30%) review meeting to review
and respond to all comments received from the project team.
6.1.4 The ENGINEER will attend one (1) meeting with the CITY and CM@R to obtain
input for the construction sequencing, traffic control, and detour plans for Mingo
Road, Ruddell Street, and each side street in the project limits.
Task 6.2 Preliminary Design (60%)
6.2.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a 22”x34”Preliminary (60%)Plan Set consisting
of the elements in Task 6.1 as well as the following elements:
o Cover sheet and index of sheets
o General notes
o Removals
o Roadway plan and profile drawings at 1”=20’ horizontal and 1”=4’ vertical scale.
o Pedestrian and bicycle improvements
Detailed grading sheets for non-standard pedestrian ramps
o Drainage improvements
Vertical profiles for internal systems and culverts
Hydraulic calculations for internal systems and roadside ditches
o Utility layout
Vertical profiles for all water and sewer line relocations and necessary
appurtenances providing the required clearance from all known conflicts.
o Quiet zone and railroad crossing improvements design
Exhibit A Sheets
o Traffic control and detour plans
The ENGINEER will develop traffic control and detour plans based upon
guidance from the CITY and CM@R for up to twenty-five (25)construction
phases.
The ENGINEER will develop temporary signal plans for the intersection of
Mingo Road and Nottingham Street to assist with construction phasing.
o Cross sections at fifty (50) foot increments
o Erosion control plans
o Standard construction details
o Custom construction details
o Preliminary summary of quantities
o Specifications and special provisions
6.2.2 The ENGINEER will provide review of the CM@R’s preliminary deliverable.
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6.2.3 The ENGINEER will conduct and document a Preliminary Design (60%) review
meeting to review and respond to all comments received from the project team.
6.2.4 The ENGINEER will attend one (1) meeting with the CITY and CM@R to address
changes to the preliminary construction sequencing, traffic control, and detour plans.
Task 6.3 Final Design (90%)
6.3.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a 22”x34”Final (90%)Plan Set consisting of the
elements in Task 6.2 as well as the following elements:
o Retaining wall plan and profile drawings at 1”=20’ horizontal and 1”=4’ vertical
scale.
o Final summary of quantities
o Final specifications and special provisions
6.3.2 The ENGINEER will provide review of the CM@R’s final deliverable.
6.3.3 The ENGINEER will conduct and document a Final Design (90%)review meeting to
review and respond to all comments received from the project team.
Task 6.4 Final Sealed (100%)Submittal
6.4.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a Final Sealed (100%)Plan Set consisting of the
elements in Task 6.3 as well as the following elements:
o Final summary of quantities
o Final sealed specifications and special provisions
6.4.2 The ENGINEER will provide review of the CM@R’s Guaranteed Maximum Price
(GMP).
Deliverables:
Digital 22”x34”PDF Plan Set for Conceptual (30%), Preliminary (60%),Final (90%),
and Final Sealed (100%)Roadway Design.
o Up to three (3) 22”x34”hard copies may be submitted at the CITY’s request.
Meeting notes for Conceptual (30%), Preliminary (60%),and Final (90%)Roadway
Design review meetings.
ENGINEER’s GMP review for Conceptual (30%),Preliminary (60%),Final (90%),and
Final Sealed (100%)Roadway Design.
Task 7 Pedestrian and Bicycle Improvements
Task 7.1 Sidewalk Design
The ENGINEER will provide design for the construction of new sidewalk and shared use path to
comply with Texas Accessibility Standards (TAS)and Public Right-of-Way Accessibility
Guidelines (PROWAG).The following design elements will be included with Task 6
deliverables:
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Sidewalk and curb ramp horizontal location
Curb ramp detail sheets
Pedestrian crossing design as determined with CITY and stakeholder coordination.
Task 7.2 Bike Lane Design
The ENGINEER will provide design for on street/off street bike lanes or bicycle facility as
determined by the project team based on the evaluation completed in Task 5.The bike lane
design will consist of providing necessary markings and signage including buffer with vehicular
traffic as necessary. The bike lane design will be provided in accordance with the requirements of
latest edition of Texas Manual on Uniform Traffic Control Devices (TMUTCD).
Task 7.3 Accessibility Review
The ENGINEER will utilize a subconsultant that is a Registered Accessibility Specialist (RAS)
for the purposes of reviewing the proposed sidewalk improvements for conformance with TAS
and PROWAG.The ENGINEER will coordinate with the RAS for project registration with the
Texas Department of Licensing and Regulation (TDLR),plan review,and project inspection on
site, upon completion of construction.The ENGINEER will make one (1) round of revisions to
the plans based on comments received from the RAS. Inspection, plan review,and registration
fees for TDLR are included in this fee.
Assumptions:
It is assumed there will be one (1) accessibility review for the entire project limits.
Task 8 Drainage Design
Task 8.1 Drainage Design
The ENGINEER will provide design for proposed internalized storm systems on Mingo Road
crossing and Ruddell Street per CITY Standards. The following design elements for drainage
improvements will be included with Task 6 deliverables:
Existing and Proposed Drainage Area Maps
Horizontal layout for internal systems and inlet locations
Vertical profiles for internal systems
Hydraulic calculations for internal systems and roadside ditches
Task 8.2 Culvert Crossing Design
The ENGINEER will provide design for three (3)proposed culvert crossings on Mingo Road and
one (1) on Ruddell Street per CITY Standards. The Ruddell Street crossing will be to
accommodate existing Meadow Oaks subdivision runoff. Culverts will be designed for the
ultimate 100-year storm event.The following design elements for drainage improvements will be
included with Task 6 deliverables:
Horizontal layout for culvert crossings
Vertical profiles for culvert crossings
Prepare a hydrologic and hydraulic study
o Studies will be prepared using HEC-HMS and HEC-RAS models
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Task 8.3 LOMR Preparation
8.3.1 The culvert crossing on Mingo Road north of Schmitz Avenue is within the FEMA
effective floodplain.The ENGINEER will provide a downstream assessment and
perform iterations to the models and grading plan to mitigate adverse increases in
100-year water surface elevations.
8.3.2 After completion of the culvert crossing within the FEMA effective floodplain,
topographic survey will be performed by the Contractor and returned to the CITY.
This survey will be used for the purposes of preparing the Letter of Map Revision
(LOMR) to submit to FEMA. The ENGINEER will revise the drainage model based
upon as-built data and submit to FEMA for approval.The LOMR Submittal will
consist of the following items:
o Associated exhibits
o Signed and Sealed Topographic Survey (Provided by Contractor)
o FEMA Forms
o As-Built Plans
o HEC-HMS Output
o HEC-RAS Output
o Digital Files
8.3.3 The AGREEMENT includes the FEMA LOMR Application fee of $8,000. FEMA
fees adjust regularly.A fee in excess of this amount will be considered Additional
Services.
Task 8.4 Additional Drainage Study
8.4.1 The ENGINEER will prepare up to three (3) design alternatives for conveying runoff
from the Meadow Oaks subdivision through the CITY Service Center site.
8.4.2 The ENGINEER will prepare a 22”x34” Alternative Exhibit for each Meadow Oaks
subdivision drainage alternative, up to three (3) exhibits. The following design
elements for alternative drainage improvements will be prepared for the alternative
analysis:
Existing and Proposed Drainage Area Maps
Horizontal layout for internal systems and inlet locations
Prepare a hydrologic and hydraulic study
o Studies will be prepared using HEC-HMS and HEC-RAS models
Assumptions:
Construction plans for the Additional Drainage Study will be considered Additional
Services.
Deliverables:
Digital 22”x34” PDF Plan Set for Conceptual (30%), Preliminary (60%), Final (90%),
and Final Sealed (100%) Drainage Design.
o Up to three (3) 22”x34”hard copies may be submitted at the CITY’s request.
Meeting notes for Conceptual (30%), Preliminary (60%), and Final (90%) Drainage
Design review meetings.
ENGINEER’s GMP review for Conceptual (30%), Preliminary (60%), Final (90%), and
Final Sealed (100%)Drainage Design.
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Digital 22”x34” PDF Alternative Exhibits for Meadow Oaks subdivision design
alternatives; up to three (3)
HEC-HMS and HEC-RAS outputs.
FEMA LOMR permit submittal.
Task 9 Quiet Zone Improvements
The ENGINEER will prepare railroad at-grade crossings improvements along the UPRR
crossings at Frame Street,new Ruddell Street crossing, Nottingham Drive,a private driveway and
Mockingbird Lane.The ENGINEER will prepare plans to remove the existing railroad at-grade
crossings at Willis Street and Pertain Street.
Task 9.1 Diagnostic Meeting
The ENGINEER will assist CITY with the railroad coordination and diagnostic meetings for
widening of Mingo Road on railroad right-of-way and to establish quiet zone for the railroad
crossings at Frame Street, new Ruddell Street crossing, Nottingham Drive, a private driveway and
Mockingbird Lane.The tasks associated with the diagnostic meeting will consist of the following:
Perform quiet zone calculation for the corridor.
Prepare crossing exhibits for Frame Street, New Ruddell Street, Nottingham Drive,
Private driveway and Mockingbird Lane. Widening of Mingo Road on UPRR ROW
will be developed under Task 5.
Coordinate,prepare and attend diagnostic meeting with CITY,UPRR and FRA.
Prepare diagnostic meeting notes and exhibits to be prepared in Task 9.2.
Address comments on diagnostic meeting notes and exhibits.
Prepare and submit Notice of Intent (NOI) for review.
Update and respond to comments from NOI.
Prepare and attend for the quiet zone compliance construction site visit.
Prepare and submit Notice of Establishment (NOE).
Task 9.2 Quiet Zone Design
9.2.1 The ENGINEER will provide design for the railroad crossing improvements and
quiet zone design per diagnostic team recommendations,UPRR public project design
manual,and FRA standards.The following design elements for quiet zone
improvements will be included with Task 6 deliverables:
o Location of sidewalk through railroad tracks.
o Length of the railroad panels to accommodate proposed roadway at crossings
including sidewalk.
o Location of railroad gates as per the clearance required by UPRR.
o Location of raised medians.
o Signing and markings required for the quiet zone implementation.
o Sidewalk and curb ramp horizontal location
o Detailed plan showing closure of at-grade crossings at Willis Street and Pertain
Street identifying the removal items as necessary.It is anticipated that all railroad
infrastructure improvements will be completed by UPRR.
o Curb ramp detail sheets
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9.2.2 The ENGINEER will prepare Exhibit A Sheets in order to obtain UPRR approval for
the at-grade crossings. The development of the Exhibit A Sheets will be in
conjunction with the preliminary roadway design. The Exhibit A Sheets will consist
of the following sheets and information:
o Plan Layout showing the proposed roadway improvements consisting of
sidewalk, curb,medians, right-of-way, signing and striping and active warning
devices (if applicable)
o Active warning device design
o Railroad information: railroad gates, railroad signal houses, railroad panels and
tracks, railroad right-of-way, railroad milepost.
o Planking layout and details
o Typical Sections showing the section across the railroad and across the roadway
o Roadway plan and profile at the railroad crossing showing grades of the rails and
roadway surface
o Traffic Control Phasing and Sequencing (including temporary gates if applicable)
o Detour routes (if applicable)
o Clearly define work to be performed by CITY and work to be performed by
UPRR
o Railroad general notes
9.2.3 The ENGINEER will respond to and address up to three (3) rounds of comments
from UPRR on the Exhibit A Sheets.
Assumptions:
Removal of existing railroad equipment during the closures of at-grade crossings at
Willis Street and Pertain Street crossings to be completed by UPRR.
Deliverables:
Digital 22”x34” PDF Crossing Exhibits for Diagnostic Meeting.
Digital 22”x34” PDF Final Exhibit A Sheets for UPRR Approval.
NOI
NOE
Task 10 Utility Design
The ENGINEER will prepare construction plans,specifications,and estimates for the relocation
of the water and sanitary sewer line segments identified in Attachment E per CITY standards.
The ENGINEER will collaborate with the CM@R on project phasing to determine a submittal
plan that adheres to the overall project schedule set in Task 1.Assumptions are to replace all
water and sewer lines impacted by the roadway reconstruction.
Task 10.1 Water Design
9.2.4 The ENGINEER will prepare the following items for the construction plan set:
o Horizontal layouts for all water line relocations and necessary appurtenances.
o Vertical profiles for all water line relocations and necessary appurtenances
providing the required clearance from all known conflicts.
o Water line details, including connection details.
o Sequencing notes for shutdown and connection sequencing plans.
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o Abandonment layouts as needed.
o Temporary and permanent easements as needed.
o Design tunnels/bores including casing/tunnel liner plate minimum thickness and
inside diameter, shafts, allowable methods,control of ground water, and
appropriate tolerances with the chosen method.
Task 10.2 Sanitary Sewer Design
10.2.1 The ENGINEER will prepare the following items for the construction plan set:
o Horizontal layouts for all sanitary sewer line relocations and necessary
appurtenances.
o Vertical profiles for all sanitary sewer line relocations and necessary
appurtenances providing the required clearance from all known conflicts.
o Sanitary sewer line details.
o Sequencing notes for shutdown and connection sequencing plans.
o Abandonment layouts as needed.
o Temporary and permanent easements as needed.
o Design tunnels/bores including casing/tunnel liner plate minimum thickness and
inside diameter,shafts, allowable methods, control of ground water,and
appropriate tolerances with the chosen method.
Task 10.3 Conceptual Design (30%)
10.3.1 The ENGINEER will prepare a 22”x34”Conceptual (30%)Plan Set consisting of the
following elements:
o Cover sheet and index of sheets
o Waterline layout
Existing and proposed horizontal layout
Identify potential conflicts
o Sanitary sewer line layout
Existing and proposed horizontal layout
Identify potential conflicts
o Standard construction details
o Conceptual summary of quantities
o Specification listing
10.3.2 The ENGINEER will provide review of the CM@R’s conceptual deliverable.
10.3.3 The ENGINEER will conduct a Conceptual Design (30%) review meeting to review
and respond to all comments received from the project team.
Task 10.4 Preliminary Design (60%)
10.4.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a Preliminary Design (60%)Plan Set consisting of
the elements in Task 6.3 as well as the following elements:
o Abandonment layout
o Waterline plan and profile drawings at 1”=40’ horizontal and 1”=4’vertical scale
o Sanitary sewer line plan and profile drawings at 1”=40’ horizontal and 1”=4’
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vertical scale
o Plan view of the base map shall have all above ground features shown and clearly
labeled along with existing utilities based on field ties and record information.
o Plan view shall include design notes for stationing, size,slope, pipe material,
embedment, length and construction method.
o Profile view shall include design notes for stationing, size, slope, flow-line of
pipe, pipe material,embedment,length and construction method.
o Standard construction details
o Preliminary water line details, including connection details.
o Traffic control and detour plans
The ENGINEER will develop the construction sequencing,traffic control
and overall detour plans based upon guidance from the CM@R.
o Preliminary summary of quantities
o Specifications and special provisions
10.4.2 The ENGINEER will provide review of the CM@R’s preliminary deliverable.
10.4.3 The ENGINEER will conduct and document a Preliminary Design (60%) review
meeting to review and respond to all comments received from the project team.
Task 10.5 Final Design (90%)
10.5.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a Final Design (90%)Plan Set consisting of the
elements in Task 6.4 as well as the following elements:
o Surface repair sheets and details as needed.
o Final summary of quantities
o Final specifications and special provisions
10.5.2 The ENGINEER will provide review of the CM@R’s final deliverable.
10.5.3 The ENGINEER will conduct and document a Final Design (90%) review meeting to
review and respond to all comments received from the project team.
Task 10.6 Final Sealed (100%)Submittal
10.6.1 The ENGINEER will respond to and address one (1) round of comments provided by
the CITY and CM@R and prepare a Final Sealed Design (100%)Plan Set consisting
of the elements in Task 6.4 as well as the following elements:
o Final summary of quantities
o Final specifications and special provisions
10.6.2 The ENGINEER will provide review of the CM@R’s GMP.
Deliverables:
Digital 22”x34”PDF Plan Set for Conceptual (30%), Preliminary (60%),Final (90%),
and Final Sealed (100%)Utility Design.
o Up to three (3) 22”x34”hard copies may be submitted at the CITY’s request.
Meeting notes for Conceptual (30%),Preliminary (60%),and Final (90%)Utility Design
review meetings.
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ENGINEER’s GMP review for Conceptual (30%), Preliminary (60%),Final (90%),and
Final Sealed (100%)Utility Design.
Task 11 Traffic Signal Design
The ENGINEER will provide traffic signal design services as follows:
Task 11.1 Base Traffic Signal Design
The ENGINEER will design a new traffic signal at the proposed intersection of Mingo Road and
Ruddell Street.The ENGINEER will also design a traffic signal modification at the intersection
of Mingo Road and Nottingham Drive to accommodate the widening of Mingo Road.The
following design elements will be shown in the traffic signal design.
Location of traffic signal equipment including signal poles and mast arms,traffic signal
and vehicular heads,controller cabinet, curb ramps,pedestal poles, APS push buttons,
detection,communication,and emergency vehicle preemption.
Railroad pre-emption will be included with each traffic signal design and it will tie with
the improvements proposed for quiet zone included in Task 9.
Coordinate electrical service pedestal locations with DME and complete load forms.
Prepare traffic signal phasing.
Develop traffic signal charts and details sheets.
Prepare traffic signal general notes.
Applicable standards.
Task 11.2 Additional Traffic Signal Design
The ENGINEER will design an additional traffic signal at the intersection of Mingo Road and
Mockingbird Lane,if warranted.Additional traffic signal modifications may be warranted with
Mingo Road and Ruddell Street widening.The widening of Mingo Road and Ruddell Street
approaches at US 380 may require signal modifications at the intersections of US 380 at Ruddell
Street and US 380 at Mingo Road.If required,these additional signal modifications will be
provided with the task outlined on Task 11.1.
Deliverables:
Digital 22”x34” PDF Plans for Traffic Signal Design with Conceptual (30%),
Preliminary (60%), Final (90%), and Final Sealed (100%)deliverables.
Task 12 Illumination Design
Task 12.1 Kick-off Meeting
The ENGINEER will conduct a kick-off meeting with the CITY,DME,and TWU to determine
design criteria and preferred light fixtures.
Task 12.2 Photometric Analysis
12.2.1 The ENGINEER will provide a photometric analysis for both Mingo Road and
Ruddell Street segment based on existing infrastructure. Existing fixture locations
and specification to be provided by DME.
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12.2.2 The ENGINEER will provide a photometric analysis for both Mingo Road and
Ruddell Street segment based on proposed infrastructure in accordance with CITY
and DME requirements.Proposed fixture specifications to be provided by DME.The
photometric analysis will consist of modeling fixtures to meet roadway illumination
level requirements.
12.2.3 The ENGINEER will prepare a 22”x34”photometric exhibit for Mingo Road and
Ruddell Street to be submitted with the Task 6 Conceptual Design (30%)submittal.
Task 12.3 Illumination Design
The ENGINEER will prepare construction plans, specifications,and estimates for illumination
for both Mingo Road and Ruddell Street per CITY standards.The segments to be designed will
be determined by CITY staff.
12.3.1 The ENGINEER will gather available as-built information from the CITY including
existing lighting infrastructure.As-built information received from the CITY will
be visually verified in the field.
12.3.2 The ENGINEER will meet on-site with CITY and DME staff to determine street
light circuit configurations.The ENGINEER will also meet on-site with DME to
determine service feed options for the proposed street lighting.
12.3.3 The ENGINEER will prepare the illumination plans in accordance with CITY
guidelines.The following design elements will be included with Task 6 Preliminary
(60%),Final (90%),and Final Sealed (100%)deliverables:
o Existing Conditions and Removals
o Proposed Illumination Layout
o Wiring Charts
o Summary Sheets
o Electrical Service Panel Schedules
Deliverables:
Digital 22”x34”PDF Exhibits for Photometric Analysis with Conceptual (30%)
deliverables.
Digital 22”x34”PDF Plans for Illumination Design with Preliminary (60%),Final (90%),
and Final Sealed (100%)deliverables.
Task 13 Construction Phase Services
Task 13.1 Pre-Construction Conference
The ENGINEER will attend one (1)pre-construction conference prior to commencement of work
at the site.
Task 13.2 Regular Construction Meetings
The ENGINEER will attend bi-weekly construction meetings with the project team.
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Task 13.3 Site Visits
13.3.1 The ENGINEER will conduct one (1) site visit for the entire project limits each
month during construction and perform construction observation.
13.3.2 The ENGINEER shall not, during such visits or as a result of such observations of
the CM@R’s work in progress, supervise, direct, or have control of the CM@R’s
work, nor shall the ENGINEER have authority over or responsibility for the means,
methods, techniques, equipment choice and usage, sequences, schedules,or
procedures of construction selected by the CM@R, for safety precautions and
programs incident to the CM@R’s work,nor for any failure of the CM@R to comply
with laws and regulations applicable to the CM@R’s furnishing and performing the
work.Accordingly,the ENGINEER neither guarantees the performance of any
contractor nor assumes responsibility for any of the CM@R’s failure to furnish and
perform its work in accordance with the Contract Documents.
Task 13.4 Recommendations with Respect to Defective Work
Provide recommendations to the CITY that CM@R’s work be disapproved and rejected while it
is in progress if,on the basis of site visit evaluations,the ENGINEER believes such work will not
produce a completed Project that conforms generally to the Contract Documents or that it will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated in the Contract Documents.Notwithstanding the foregoing, the CITY reserves the right
to disapprove or reject the CM@R’s work without a recommendation from the ENGINEER.
Task 13.5 Clarifications and Interpretations
Issue necessary clarifications and interpretations of the Contract Documents to the CITY as
appropriate to the orderly completion of the CM@R’s work. Such clarifications and
interpretations will be consistent with the intent of the Contract Documents. Field orders
authorizing variations from the requirements of the Contract Documents will be made by the
CITY.
Task 13.6 Change Orders
13.6.1 Recommend change orders to the CITY, as appropriate.
13.6.2 Review and make recommendations related to Change Orders submitted or proposed
by the CM@R.
Task 13.7 Shop Drawings and Samples
Review and approve or take other appropriate action in respect to Shop Drawings and Samples
and other data which the CM@R is required to submit,but only for conformance with the
information given in the Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents. Such review
and approvals or other action will not extend to means, methods,techniques,equipment choice
and usage, sequences, schedules, or procedures of construction or to related safety precautions
and programs.Assumes up to one hundred (100)shop drawings.
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Task 13.8 Substitutes and “or-equal”
Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment
proposed by the CM@R in accordance with the Contract Documents,but subject to the
provisions of applicable standards of state or local government entities.
Task 13.9 Inspections and Tests
Review certificates of inspections and tests within the ENGINEER’s area of responsibility for the
purpose of determining that the results certified indicate compliance with the Contract Documents
and will not constitute an independent evaluation that the content or procedures of such
inspections,tests,or approvals comply with the requirements of the Contract Documents.The
ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope
of services assumes the pumps and motors will go through a non-witnessed factory test.
Attending testing will be considered additional services.
Task 13.10 Disagreements between City and Contractor
As necessary,the ENGINEER will, with reasonable promptness,render initial written decision on
all claims of the CITY and CM@R relating to the acceptability of the CM@R’s work or the
interpretation of the requirements of the Contract Documents pertaining to the progress of the
CM@R’s work. In rendering such decisions,the ENGINEER will be fair and not show partiality
to the CITY or CM@R and will not be liable in connection with any decision rendered in good
faith in such capacity. The initial decision of the ENGINEER shall be required as a condition
precedent to mediation or litigation of any claim arising prior to the date final payment is due to
the CM@R,unless thirty (30)days have passed after a claim has been referred to the ENGINEER
with no decision having been rendered.
Task 13.11 Final Walkthrough and Punchlist Preparation
13.11.1 Attend final walkthrough with the CM@R and CITY to determine if the completed
work of the CM@R is generally in accordance with the Contract Documents.
a.Limitation of Responsibilities: The ENGINEER will not be responsible for the
acts or omissions of any contractor,suppliers, or of any other individual entity
performing or furnishing the work.The ENGINEER will not have the authority
or responsibility to stop the work of any contractor.
13.11.2 Compile punch list from information gathered during final walkthrough with the
CITY and CM@R.
Assumptions:
It is assumed the construction phase will be for forty-two (42) months.Additional
Construction Phase Services will be considered Additional Services.
Task 14 Record Drawings
Task 14.1 Record Drawings
14.1.1 Obtain and review comments and field changes on the construction plans from the
CITY and CM@R.
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14.1.2 Prepare record drawings based on comments and field changes.The ENGINEER will
not be providing resident engineering services and will not be observing on a full-
time basis and will therefore not seal the record drawings.The record drawings will
be provided as digital 22”x34”PDF.
Task 15 Property Acquisition Services
Task 15.1 Right-of-Way and Easement Documentation
15.1.1 The ENGINEER will prepare a metes and bounds description and sketch showing the
location and dimensions for proposed easements and right-of-way acquisition.
Document language will either be the unaltered standard language provided by the
local jurisdiction, or as agreed to by the Grantor and Grantee and provided complete
to the ENGINEER. The CITY will file the documents.
The ENGINEER will prepare up to sixty (60) temporary construction easement
documents and up to sixty (60) right-of-way documents.
Task 15.2 Property Acquisition Services
15.2.1 The ENGINEER will perform the following services for Property Acquisition
Services:
1.ENGINEER’s Real Estate Agent shall provide appraisals for up to sixty (60)
proposed easements and on up to sixty (60)right-of-way acquisitions for the
proposed lines. Appraisals will be approved by the CITY prior to beginning
negotiations with property owners.The appraisals will be prepared by State
Certified Appraisers in accordance with the Uniform Standards of Professional
Appraisal Practice Act (USPAP). The appraisals will be suitable for use in
condemnation proceedings, if necessary.
2.Provide property negotiation services for up to sixty (60)parcels for the proposed
lines as follows:
a.The offer to purchase the properties will be based on the appraisals as
indicated above. The CITY will establish the value to be used in negotiation
and the range of negotiating authority to be given to the right-of-way agent.
ENGINEER’s Real Estate Agent will provide the services of qualified right-
of-way agents to secure the required easements for the project. The right-of-
way agents will provide each property owner a copy of The Texas Landowner
Bill of Rights,but will NOT be required to provide negotiation services under
the Uniform Relocation and Acquisition Act (Uniform Act).
b.ENGINEER’s Real Estate Agent will negotiate on behalf of the CITY and
utilize conveyance documents and other necessary forms as prescribed by the
CITY. ENGINEER’s Real Estate Agent will provide a good faith effort to
acquire the rights-of-way through a negotiation process, which will generally
consist of three (3) contacts with the property owner,or his authorized
representative. A maximum of five (5) total contacts will be provided to reach
an agreement with the property owner, or to determine that further
negotiations will be non-productive and that eminent domain actions will be
necessary to acquire the property.If absentee owners are involved, the
negotiations may be conducted via telephone, fax,or by mail. If the schedule
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Mingo-Ruddell-Quiet Zone 22 of 23 February 29, 2024
for acquisition of the easement or other factors arise, which make it expedient,
travel outside the project area to meet with the absentee owners may be
desirable. If such events arise, the travel must be specifically authorized by the
CITY. If such travel is authorized, the expenses involved, including the
agent’s services, will be considered additional services.
c.The initial offer made to the property owner will be based on the value
authorized by the CITY. All counter-offers by the property owner, along with
ENGINEER’s Real Estate Agent recommendations will be presented to the
CITY for consideration. The CITY must establish and recommend such
counter offers before ENGINEER’s Real Estate Agent will be authorized to
agree to the requested changes. All monetary offers made to the property
owners will be within the limits authorized by the CITY in the various stages
of the negotiation.
d.After reaching an agreement with the landowner on the consideration and all
other terms of the transaction, ENGINEER’s Real Estate Agent will forward
to the CITY a Memorandum of Agreement (M/A) executed by the property
owner to be ratified by the CITY. This M/A sets forth the compensation and
any other terms and conditions agreed upon. The CITY will be responsible for
obtaining the CITY’s ratification and for returning the ratified M/A to
ENGINEER’s Real Estate Agent. ENGINEER’s Real Estate Agent will then
inform the Title Company that the parcel is ready for closing.
3.ENGINEER’s Real Estate Agent will coordinate contacts with the CITY to
deliver any payments to the Title Company prior to closing.
4.This Scope of Services assumes that costs for Title Commitments, Title Policies
and recording fees will be purchased by the CITY through the assistance of the
Real Estate Agent. The amount paid for the Title Policies will not exceed
premium amounts set by the Texas Department of Insurance and agreed upon in
advance between the CITY and the Title Company.Any additional Title
Company services such as recording fees shall be agreed upon in advance
between the CITY and the Title Company. ENGINEER’s Real Estate Agent will
review liens or other exceptions reported in the Title Commitment. ENGINEER
will coordinate the location and the effect of any utility easements.ENGINEER
will report the results of the Title Commitment to the CITY,recommending the
disposition of the exceptions.The decision whether the reported exceptions are
acceptable or must be eliminated will be the responsibility of the CITY. Any
action required to clear title is not included in the Scope of Work for this project,
and if required,will be considered Additional Services.
5.ENGINEER’s Real Estate Agent will coordinate and attend all closings at the
Title Company.
6.ENGINEER’s Real Estate Agent will confirm that the Title Company records all
documents at the Denton County Courthouse after closing.
7.ENGINEER’s Real Estate Agent will confirm that the Title Company forwards
copies of all recorded documents to the CITY.
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
Mingo-Ruddell-Quiet Zone 23 of 23 February 29, 2024
ADDITIONAL SERVICES
The following additional services are not anticipated as part of this Scope of Services agreement,
however, can be provided if deemed necessary during the Project development process.The
ENGINEER will not provide the additional services listed below without the written consent and
approval of the CITY.
Redesign to reflect project scope changes requested by the CITY, CM@R,or
TxDOT, required to address changed conditions or change in direction previously
approved by the CITY, mandated by changing governmental laws, or necessitated by
the CITY’s acceptance of substitutions proposed by the contractor.
Additional meetings.
Additional construction site visits.
Additional construction shop drawing and sample review and comment.
Additional traffic control plan details.
Preparing additional right-of-way or easement documentation.
Construction management and inspection services.
Performance of materials or specialty testing services.
Services necessary due to default of the CM@R.
Design of franchise utility relocations.
Illumination design beyond what is listed in the above scope of services.
Design of CITY utility relocations beyond what is listed in the scope of services.
Architectural or 3D renderings.
Services related to damages caused by fire, flood, earthquake or other acts of God.
Services related to warranty claims, enforcement, and inspection after final
completion.
Services related to survey construction staking.
Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
Any services not listed above.
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
Mingo-Ruddell-Quiet Zone 1 of 3 February 29, 2024
ATTACHMENT "B"
MINGO-RUDDELL-QUIET ZONE IMPROVEMENTS
Compensation
Total compensation for the ENGINEER completed under the terms of this agreement shall be a
total not-to-exceed $6,640,400 for all services including reimbursable expenses. The CITY shall
compensate the ENGINEER as follows:
BASIC SERVICES
Lump Sum
The ENGINEER will perform the services in Tasks 4-11.1, 12,and 15.1 for the total lump sum
fee below. Individual task amounts are informational only. All permitting, application, and similar
project fees will be paid directly by the CITY.
Task 4 –Data Collection
o Task 4.1 –Data Collection and Analysis $184,800
o Task 4.2 –Topographic Survey $71,500
o Task 4.3 –Geotechnical Analysis $64,500
o Task 4.5 –Traffic Data Collection $5,500
Task 5 –Alternative Analysis $107,700
Task 6 –Roadway Design $1,137,500
Task 7 –Pedestrian and Bicycle Improvements $91,100
Task 8 –Drainage Design $592,700
Task 9 –Quiet Zone Improvements $374,800
Task 10 –Utility Design
o Task 10.1 –Water Design $329,900
o Task 10.2 –Sanitary Sewer $269,900
Task 11.1 –Traffic Signal Design $90,000
Task 12 –Illumination Design $251,700
Task 15.1 –Right-of-Way and Easement Documentation $147,000
Lump Sum Total $3,718,600
Lump sum fees will be invoiced monthly based upon the overall percentage of services
performed. Individual task amounts are provided for budgeting purposes only.The ENGINEER
reserves the right to reallocate amounts among tasks as necessary.
Hourly Not to Exceed
The ENGINEER will perform the services in Tasks 1-3,4.4,7.2,8.4, and 11.2-16 on a labor fee
plus expense basis with the maximum labor fee shown below.
Task 1 –Project Management $283,100
Task 2 –Coordination Meetings $392,900
Task 3 –Public Involvement $43,600
Task 4 –Data Collection
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
Mingo-Ruddell-Quiet Zone 2 of 3 February 29, 2024
o Task 4.4.1 –SUE Level B $204,400
o Task 4.4.2 –SUE Level A $177,700
Task 7.2 –RAS Specialist $6,600
Task 8.4 –Additional Drainage Study $98,300
Task 11.2 –Additional Traffic Signal Design $90,000
Task 13 –Construction Phase Services $546,800
Task 14 –Record Drawings $62,400
Task 15.1 –Right-of-Way Staking $66,000
Task 15.2 –Property Acquisition Services $935,000
Task 16 –Reimbursable Expenses $15,000
Hourly Not to Exceed Sum Total $2,921,800
The ENGINEER will not exceed the total maximum labor fee shown without authorization from
the CITY. Individual task amounts are provided for budgeting purposes only.The ENGINEER
reserves the right to reallocate amounts among tasks as necessary.Labor fee will be billed on an
hourly basis according to our then-current rates.
As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel,
and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be
added to each invoice to cover certain other expenses as to these tasks such as
telecommunications, in-house reproduction, postage, supplies, project related computer time, and
local mileage. Administrative time related to the project may be billed hourly. All permitting,
application, and similar project fees will be paid directly by the CITY.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice
number and Kimley-Horn project number.
EXTRA SERVICES
Any services not specifically provided for in the above scope and authorized by the CITY, will be
billed as additional services,and performed at our then current hourly rates.
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
Mingo-Ruddell-Quiet Zone 3 of 3 February 29, 2024
STANDARD RATE SCHEDULE
The ENGINEER’s hourly rate schedule is as shown below:
Analyst $160 -$245
Professional $230 -$295
Senior Professional I $255 -$350
Senior Professional II $335 -$370
Senior Technical Support $155 -$280
Support Staff $110 -$145
Technical Support $125 -$150
These rates are effective through June 30, 2024, after which they are subject to periodic
adjustment.
DocuSign Envelope ID: 784588E3-9241-46A1-BF18-9829BC805504
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: 784588E3-9241-46A1-BF18-9829BC805504
Kimley-Horn and Associates, Inc.
Attachment CIQ
n/a
X
4/4/2024
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: 784588E3-9241-46A1-BF18-9829BC805504
Certificate Of Completion
Envelope Id: 784588E3924146A1BF189829BC805504 Status: Completed
Subject: Please DocuSign: City Council Contract 7599-017 Mingo-Ruddell Quiet Zone Improvement Design
Source Envelope:
Document Pages: 48 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
3/29/2024 4:49:37 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: 198.49.140.104
Sent: 3/29/2024 5:02:28 PM
Viewed: 3/29/2024 5:03:48 PM
Signed: 3/29/2024 5:04:32 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: 3/29/2024 5:04:34 PM
Viewed: 4/1/2024 9:20:34 AM
Signed: 4/1/2024 9:21:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/1/2024 9:21:16 AM
Viewed: 4/2/2024 7:39:00 PM
Signed: 4/2/2024 7:42:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Arnold
Scott.arnold@kimley-horn.com
Scott R. Arnold
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 130.41.174.193
Sent: 4/2/2024 7:42:26 PM
Viewed: 4/3/2024 12:31:20 PM
Signed: 4/4/2024 8:54:46 AM
Electronic Record and Signature Disclosure:
Accepted: 4/3/2024 12:31:20 PM
ID: c45bf9e8-de40-4495-b2a3-c88973622b57
Signer Events Signature Timestamp
Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/4/2024 8:54:49 AM
Viewed: 4/4/2024 9:12:31 AM
Signed: 4/4/2024 9:12:53 AM
Electronic Record and Signature Disclosure:
Accepted: 4/4/2024 9:12:31 AM
ID: b7c82984-45f5-4038-9aca-6c7d33c79c7c
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: 4/4/2024 9:12:56 AM
Viewed: 5/8/2024 10:28:00 AM
Signed: 5/8/2024 1:08:48 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: 107.77.199.197
Signed using mobile
Sent: 5/8/2024 1:08:51 PM
Viewed: 5/8/2024 1:16:00 PM
Signed: 5/8/2024 1:16:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/8/2024 1:16:08 PM
Viewed: 5/8/2024 3:00:40 PM
Signed: 5/8/2024 3:01:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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: 3/29/2024 5:04:34 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: 4/4/2024 9:12:56 AM
Viewed: 4/17/2024 3:31:53 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2024 3:01:49 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tracy Beck
Tracy.Beck@cityofdenton.com
Project Mngr
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2024 3:01:50 PM
Electronic Record and Signature Disclosure:
Accepted: 4/16/2024 8:07:00 AM
ID: afb7ea15-4a52-4461-ab08-69d0b13c5e66
Erica Garcia
Erica.Garcia@cityofDenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2024 3:01:51 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 3/29/2024 5:02:28 PM
Envelope Updated Security Checked 4/9/2024 10:26:51 AM
Envelope Updated Security Checked 4/9/2024 10:26:51 AM
Certified Delivered Security Checked 5/8/2024 3:00:40 PM
Signing Complete Security Checked 5/8/2024 3:01:45 PM
Completed Security Checked 5/8/2024 3:01:51 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
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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
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required notices and disclosures electronically from us and you will no longer be able to use your
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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: Scott Arnold, Trevor Crain, PMP, Tracy Beck
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
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To request delivery from us of paper copies of the notices and disclosures previously provided
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To inform us that you no longer want to receive future notices and disclosures in electronic
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