7599-016 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
McKinney Sidewalks
Christina Dormady
7599-016PSA
Not Applicable
N/A
MAY 7, 2024
24-850
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/28/22 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 Peloton Land Solutions, Inc., a Westwood Company, with its corporate office at 2805 North Dallas Parkway, Suite 150, Plano, Texas 75093 and authorized to do
business in Texas, ("ENGINEER"), for a PROJECT generally described as: 7599-016
McKinney Sidewalks (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Exhibit A. These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $602,786.25 in the manner and in accordance with the fee schedule as set forth in Exhibit C. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Exhibit A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit E.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set forth in Exhibit E 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 Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY . CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use
of such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Exhibit A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the
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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 Exhibit C.
(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 two (2) 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 two (2) 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 $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 $1,000,000 combined single limit. 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.
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c. Workers’ Compensation – ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a limit 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 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.
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f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or otherwise acceptable to
CITY, in the current A.M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments.
l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.
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K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per Exhibit E to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice. No person shall,
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on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise
subjected to discrimination under any activities resulting from this
AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY.
B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with Exhibit 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
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services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER.
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I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance.
J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk and without liability or legal exposure to ENGINEER. The CITY shall own the final designs, drawings, specifications and documents.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, pandemic, epidemic, or other events beyond the control
of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
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F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
THIRD PARTY 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 FROMAN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO
PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party.
H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS 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.
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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 LIABILITIES OR LOSSES CAUSED BY VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/28/22 Page 16 of 19
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
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
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/28/22
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of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. 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
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 Exhibits 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 Exhibits and schedules are hereby made a part of this
AGREEMENT:
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/28/22
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Exhibit A - Scope of Services
Exhibit B – Compensation and Method of Payment
Exhibit C –Hourly Rate Schedule
Exhibit D – Insurance
Exhibit E - Project Schedule
Exhibit F1- Geotechnical Engineering Scope of Services
Exhibit F2- Subsurface Utility Engineering Scope of Services
Exhibit F3- Right-of-Way Acquisition Scope of Services
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
Peloton Land Solutions, Inc., a Westwood
Company
Authorized Agent, Title
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
2024 - ___________________
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
Senior Director, Public Infrastructure
Brian O'Neil
1123225
5/8/2024
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/28/22
Page 19 of 19
ATTEST:
JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
Capital Projects
4/4/2024
Director of Capital Projects
LAUREN THODEN,
February 5, 2024
Project No.: 0051722.00
Mr. Dustin Draper
Program Manager
CITY OF DENTON
601 East Hickory Street
Denton, Texas 76205
Re: Professional Civil Engineering, Land Surveying & Landscape Architecture Services
McKinney Street Trail
Denton, Denton County, Texas
Dear Mr. Draper:
Westwood Professional Services, Inc. d/b/a Peloton Land Solutions, a Westwood
Company (“Westwood”)is pleased to submit this proposal to provide professional civil
engineering, land surveying and landscape architecture services relating to the referenced project.
It is our understanding the project is for the design of 6,500 lf (1.23 mi) of trail along McKinney
Street consisting of a pedestrian bridge and illumination improvements.
Based on our preliminary discussions and the information received to date, our perception of the
project is described in the attached documents:
·General Conditions of Agreement;
·Exhibit A – Scope of Services;
·Exhibit B – Compensation and Method of Payment;
·Exhibit C – Hourly Rate Schedule;
·Exhibit D – Insurance;
·Exhibit E – Project Schedule
·Exhibit F1 - Geotechnical Engineering Scope of Services;
·Exhibit F2 - Subsurface Utility Engineering Scope of Services; and
·Exhibit F3 - Right-of-Way Acquisition Scope of Services
Westwood is pleased to have this opportunity to submit this proposal and look
forward to working with you on this project. If the proposed agreement is acceptable to
you as presented, please execute one copy of the agreement form and return one original copy to
our office. If you have any questions or would like any additional information, please do not
hesitate to call us at your convenience.
Sincerely,
Brian Haynes, P.E., CFM
Program Manager
Exhibit A
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 2
EXHIBIT ‘A’ – SCOPE OF SERVICES
McKinney Street Trail
(From Audra Lane to Loop 288)
PROJECT DESCRIPTION:
The project consists of construction of 6,500 LF (1.23 mi) of trail along the south side of McKinney
Street between Audra Lane and Loop 288. Project will include paving, grading, pedestrian bridge,
illumination, and storm sewer improvements.
BASIC SERVICES:
A. Project Management and Coordination
Project Management and Coordination scope of work is defined below. Fee assumes
project management will be performed per the Engineering Services timeline in the
Project Schedule (Exhibit E).
1. Manage the Team:
·Lead, manage and direct design team activities.
·Ensure quality control is practiced in performance of the work.
·Communicate internally among team members.
·Allocate team resources.
2. Communications and Reporting:
·Attend a pre-design project kickoff meeting with Client staff to confirm and
clarify scope, understand Client objectives, and ensure economical and
functional designs that meet Client requirements.
·Conduct review meetings with the Client at the end of each design phase.
·Prepare and submit monthly invoices in the format acceptable to the Client.
·Prepare and submit monthly progress reports.
·Prepare and submit baseline Project Schedule initially and Project
Schedule updates.
·Coordinate with other agencies and entities as necessary for the design of
the proposed infrastructure and provide and obtain information needed to
prepare the design.
·With respect to coordination with permitting authorities, Westwood shall
communicate with permitting authorities such that their regulatory
requirements are appropriately reflected in the designs. Westwood shall
work with regulatory authorities to obtain approval of the designs, and
make changes necessary to meet their requirements.
3. Constructability Review:
·Prior to the 60 percent review meeting with the Client, Westwood shall
schedule and attend a project site visit with the Client Project Manager to
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 3
walk the project. Westwood shall summarize the Client’s comments from
the field visit and submit this information to the Client in writing.
4. Franchise Utility Coordination:
·Westwood will consult with the Client, public utilities, private utilities and
government agencies to determine the approximate location of above and
underground utilities, and other facilities (current and future) that have an
impact or influence on the project.
·Westwood will provide plans to and coordinate with utility owner related
to the relocation efforts of franchise utilities that remain in conflict with the
proposed construction.
·It is assumed that franchise utility company will prepare any utility
relocation plans.
5. Prepare Right-of-Entry Letters:
·Westwood will prepare and deliver up to 22 Right-Of-Entry letters to
facilitate project logistics and notify stakeholders of the project. In
addition, letters can be used to determine stakeholder contact information
for future coordination. Westwood will prepare a matrix of response and
send information to city upon receipt.
B. Conceptual Design (30% Submittal)
The Conceptual Design shall be submitted to Client per the approved Project Schedule
(Exhibit E). The purpose of the conceptual design is for Westwood to:
·Study the project.
·Identify and develop alternatives.
·Present (through the defined deliverables) these alternatives to the Client.
·Recommend the alternatives that successfully address the design problem.
·Obtain the Client’s endorsement of the selected concept.
Westwood will develop the conceptual design of the infrastructure as follows.
1. Data Collection:
·Westwood will prepare base map of existing conditions to be used for design.
Base map will include data collected from survey, boundary, and SUE
investigations.
·Westwood will study McKinney Street corridor future street expansion, from
2-lane to 4-lane divided. The horizontal layout of the future 4-lane divided road
will be shown in the sidewalk plans to minimize future conflicts with the
roadway improvements.
·In addition to data obtained from the Client, Westwood will research proposed
improvements in conjunction with any other planned future improvements
known by the Client that may influence the project.
·Westwood will also identify and seek to obtain data for existing conditions that
may impact the project including but not limited to; utilities, Client Master
Plans, and property ownership as available from the Tax Assessor's office.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 4
·The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
the design.
2. The Conceptual Design Package shall include the following:
·Schematic Design Exhibits showcasing a plan view of the proposed
improvements. Alternative design concepts (if any are determined) will be
analyzed, considered for strengths and weaknesses of each, and presented to
the client.
·Preliminary drainage study and analysis of existing storm systems and ditches
to verify if sidewalk will require adjustments or additions to existing drainage
infrastructure. In addition, Westwood will perform hydrology and hydraulic
analysis of Pecan Creek Tributary to determine size of pedestrian bridge.
·Proposed phasing of any construction that is included in this project
documented in both the project schedule and narrative form.
·Documentation of key design decisions.
·Conceptual opinion of probable construction cost.
C. Preliminary Design (60% Submittal)
1. Prepare preliminary construction plans. Prepare the following sheets at the
engineering scale indicated:
§Cover Sheet
§General Notes
§Quantity Sheet
§Project Layout & Control Sheet
§Sidewalk plan and profile Sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
§Drainage & Ditch plan and profile sheets
Scale 1” = 20’ Horizontal; 1” = 2’ Vertical
§Erosion Control Plans
§Bridge Crossing Hydraulic Sheet
§Tree Protection and Mitigation Plans
§Illumination Plans
§Detail sheets
Information required can be combined on sheets if the information can be clearly shown and is
approved by Client’s project manager.
2. Assemble Client’s standard construction contract documents and modify special
technical specifications, if needed, for the project (if any).
3. Prepare one (1) estimate of construction quantities and develop the preliminary
opinion of probable construction costs.
4. Submit a PDF of preliminary 60% plans, preliminary construction contract
documents, special conditions and preliminary opinion of probable construction
costs to the Client for review. One (1) set of half size (11”x17”) plans will be
submitted with the 60% plan submittal, if requested.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 5
D. Final Design (90% & 100% Submittals)
1. Revise preliminary plans incorporating comments from the Client.
2. Submit a PDF of 90% plans, 90% construction contract documents and 90%
opinion of probable construction costs for Client review. One (1) set of half size
(11”x17”) plans will be submitted with the 90% plan submittal, if requested.
3. Incorporate final Client review comments into the plans and construction contract
documents to finalize construction plans for proposed improvements.
4. Finalize construction contract documents including Client standard specifications,
special technical specifications and special conditions (if any).
5. Estimate of final construction quantities and final opinions of construction cost.
6. Submit (1) sealed (100%) PDF set of final plans and construction documents.
E. Bid Phase Services
Westwood will support the bid phase of the project as follows.
1. Bid Advertisement:
·Westwood shall prepare and submit to Client a draft Bid Advertisement for
publishing by the Client.
2. Bid Document Distribution:
·Westwood shall sell construction plans and contract bid documents.
Westwood shall also maintain a plan holders list of documents sold.
3. Bidder Assistance:
·Westwood will develop and implement procedures for receiving and answering
bidders’ questions and requests for additional information. The procedures
shall include a log of all significant bidders’ questions and requests, and the
response thereto. Westwood will provide technical interpretation of the
contract bid documents and will prepare proposed responses to all bidders’
questions and requests, in the form of addenda.
·Attend the prebid conference in support of the Client.
·Attend the bid opening in support of the Client.
4. Bid Analysis and Recommendation of Award:
·Westwood will tabulate and review all bids received for the construction
project, assist the Client in evaluating bids, and recommend award of the
contract.
·Westwood will assist the Client in determining the qualifications and
acceptability of prospective contractors, subcontractors, and suppliers.
·Westwood shall make a recommendation of award to the Client.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 6
5. Conformed Construction Documents:
·Upon award of a contract by the Client, Westwood shall assist with the
execution, assembly and distribution of the construction contract documents
for the Project.
F. Construction Administration
1. Preconstruction Conference:
·Westwood shall attend the preconstruction conference meeting.
2. Site Visits:
·Westwood shall visit the project site at appropriate intervals as construction
proceeds to observe and report on progress. It is estimated that one (1) visit
per month will be made by Westwood.
3. Shop Drawing and Lab Report Review:
·Westwood shall review shop and erection drawings submitted by the
contractor for compliance with design concepts. Westwood shall review
laboratory, shop, and mill test reports on materials and equipment.
4. Instructions to Contractor:
·Westwood shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the
acceptability of the work, at the request of the Client.
5. Contractor’s Payment Estimates:
·Westwood shall review monthly and final estimates for payments to
contractors. The payment estimates shall include appropriate certifications.
6. Final Inspection:
·Westwood shall attend final inspection of the Project with representatives of
the Client and the construction contractor.
7. Record Drawings:
·Prepare construction “Record Drawings” based upon mark-ups and
information provided by the construction contractor(s). Submit one (1) set of
the record drawings (with “record drawing stamp” bearing the signature of the
Engineer and the date) to the Client on a CD-ROM disk or flash drive
containing scanned 22”x34” black and white PDF images.
8. Timeline:
·Refer to Exhibit 'D' for project schedule. The project schedule estimates a
construction duration of 12 months.
·This task will be performed on an hourly basis since some scope of work items
are undefined.
·Additional fee could be required if construction duration or other factors
exceed estimated hourly fee for construction administration. Westwood will
contact client if addition fee is required.
9. Monthly Meetings:
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 7
·Westwood assumed monthly construction conference calls.
G. Field Survey
1. Establish Survey Control:
Establish survey control along each street or intersecting streets as necessary.
These control points will be established based on and tied to established City
horizontal and vertical control points. The horizontal control for each street in the
PROJECT will be established on the State Plane Coordinate System (NAD'83
Surface Coordinates) from Client monumentation. Control points will be
established using 5/8" iron rods, 18" long. These control points will be established
using GPS and conventional surveying methods.
2. Benchmark Loop:
A benchmark circuit will be established, based on the vertical control points
provided. These benchmarks will be located outside of the construction limits and
put in such a place so that they may be easily found for future use. Benchmarks
will be located at about 1,000' intervals and will be referenced. Benchmarks shall
be looped in accordance with good surveying practice prior to field surveys. All
control leveling work will be performed using appropriate modified second order
procedures with closed loops into the PROJECT vertical control.
3. Existing Streets, Driveways and Right-of-Way:
Existing streets, driveways and right-of-way will be profiled and cross-sectioned at
50' intervals and to a point at least 20' outside of the Right-of-Way line. Low
points, high points and other unique features will be noted. Pavement surfacing
will be determined by visual inspection only. Intersecting streets will be profiled
and cross-sectioned to a point at least 50' beyond the roadway being replaced.
4. Existing Drainage Channels and Drainage Area Verification:
Existing drainage channels and swales will be profiled and cross sectioned within
the immediate vicinity of the PROJECT, 100' upstream and downstream. Low
points, high points and any other unique features will be noted. Additional
surveying may be necessary to verify the limits of drainage areas.
5. Existing Underground and/or Overhead Utilities:
Utility owner's will be contacted, on an as-needed basis, and requested to assist in
locating existing utilities identified for the PROJECT. Above ground features of
existing utilities within the proposed Right-of-Way for the limits of the PROJECT
will be field located, including elevations of sanitary and storm sewer manhole
flowlines and water/gas valve stems. The location of utilities between above
ground features will be determined from visual inspection, utility records, and/or
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 8
from locations determined by the respective utility companies. The utilities will be
tied to the PROJECT control points and depths determined in sufficient detail to
identify potential conflicts with proposed construction. The excavation and other
costs required to expose or probe the underground utilities will be the
responsibility of others.
6. Right-of-Way:
Right-of-Way lines along the PROJECT will be located. This information will be
included on the PROJECT’s plan sheets.
7. Existing Storm Sewers and Culverts:
The size of existing culverts will be measured and tied along with existing
headwalls, channels and aprons. The size, length, and flowline elevation of existing
storm sewers will be surveyed. Drainage areas contributing to the PROJECT or
conveying water from the PROJECT will be determined through field
investigations and available topographic mapping.
8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc.
The Surveyor will exercise care in completing this surveying assignment by using
traffic control devices, flags and safety equipment when necessary.
SPECIAL SERVICES:
H. Right-of-Way & Easement Documents:
1. Westwood shall prepare the right-of-way and easement exhibits necessary for the
selected alternative.
I. Geotechnical Engineering
1. Westwood intends to use Geotex Engineering as a sub-consultant to perform
geotechnical investigation and report. See attached proposal (Exhibit F1) dated
January 9, 2024, for detailed scope of work.
J. Subsurface Utility Engineering
1. Westwood intends to use Yellow Rose Mapping as a sub-consultant to perform
SUE Investigation. See attached proposal (Exhibit F2) dated January 5, 2024, for
detailed scope of work. The S.U.E. will be performed to ASCE standard guidelines
(ASCE 38-02). The deliverables for this project will be electronic files only in
AutoCAD format. All Right-of-Entry Coordination is to be provided by Client. Non-
Routing Traffic Control Measures are not included in the scope of services. As
described in the publication, four levels have been established to describe the
quality of utility location and attribute information used on plans. The four quality
levels are as follows:
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 9
·Quality Level D (QL”D”) – Information derived from existing utility records.
·Quality Level C (QL”C”) – QL”D” information supplemented with information
obtained by surveying visible above-ground utility features such as valves,
hydrants, meters, manhole covers, etc.
·Quality Level B (QL”B”) – Two-dimensional (x, y) information obtained through
the application and interpretation of non-destructive surface geophysical methods.
Also known as “designating” this quality level provides the horizontal position of
subsurface utilities within approximately one foot.
·Quality Level A (QL”A”) – Three dimensional (x, y, z) utility information obtained
utilizing non-destructive vacuum excavation equipment to expose utilities at
critical points which are then tied down by surveying. Also known as “locating”,
this quality level provides precise horizontal and vertical positioning of utilities
within approximately 0.05 feet.
K. Hydraulics & Hydrology
1. Westwood will develop hydrologic and hydraulic models for the unnamed
tributary to Pecan Creek. These models will be used to develop the hydraulic design
for a pedestrian bridge crossing of the stream. The bridge is anticipated to be a
prefabricated truss style or arch span structure. The analysis will be summarized
with a technical memo, and pertinent H&H information will be shown on the
construction plans. This portion of the tributary is not located in a FEMA
floodplain, so floodplain permitting and FEMA submittals (CLOMR, LOMR, etc.)
are excluded from this scope, but can be provided as an additional service upon
request.
L. Structural Design – Pedestrian Bridge Abutment
1. Westwood will prepare plans and supporting calculations for the abutments on the
proposed pedestrian bridge. The plans will include necessary foundation details
and plan sheets as determined by the supporting calculations and geotechnical
recommendations. The supporting calculations will include design of the abutment
for imposed force effects provided by the bridge designer and calculations to
determine key substructure elevations. The abutment design will comply
with all relevant sections of the latest edition of the State’s LRFD Bridge Design
Manual, Bridge Detailing Guide, AASHTO LRFD Bridge Design Specifications,
and AASHTO LRFD Bridge Design Specifications for the Design of Pedestrian
Bridges.Westwood will attend meetings to coordinate with the Owner and other
team members during the design and construction phases. Plans and
specifications will be submitted as outlined for Owner and/or governmental
review.
Included in this item:
·Up to four (4) team coordination meetings with City during the design and
construction phases of the project
·Plan and Detail sheets necessary to show foundation design and supporting
calculations
·Review submittals and RFI’s related to pedestrian bridge
·Wingwalls and/or Sidewall design as required by grading
·Coordination with trail designer for begin and end location of bridge
Not Included in this item:
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 10
·Pedestrian Bridge Truss and Deck Structural Design
M. Illumination Design
Westwood will provide engineering design services for approximately 1.25 miles of
pedestrian trail and roadway illumination along E. McKinney Street (between Audra
Lane and Loop 288) in accordance with requirements of the Approving Agency and
NEC standards.
Included in this item:
·Site visit to the site to document any existing equipment and locate possible
power service locations.
·Coordination with local electric service provider to obtain transformer location
for proposed lighting system and any clearance requirements for any
transmission lines along the trail/walkway, as needed.
·Coordination with City of Denton Lighting to verify spacing requirements and
pole standards for project.
·A standard City of Denton illumination foundation design will be
used. Custom foundation designs and verifying foundation works with
Geotech reports will be additional services.
·Check the National Electrical Code max allowable Voltage Drop requirements
(<3% drop) from the electric pedestal service (breaker) to the branch circuit
are met for the designed pedestrian trail lighting circuit.
·As needed, develop a set of pedestrian trail and future roadway illumination
construction plans for the subject trail/walkway. The plan set may include:
o The type, location, and quantity summary of the illumination poles and
heads, conduit, ground boxes, power sources with distribution to
luminaires, conduit and cable chart, pole summary chart, and all other
items required for the complete construction of the luminaires.
o Trail and roadway photometric plans sheets showing the results of the
photometric analysis.
o City of Denton standard detail sheets
o Bid documents (provided upon request for additional fee)
Assumptions:
·A standard illumination foundation design will be used. Custom foundation
designs will be additional fees.
·Pedestrian trail lighting design limits are along one side of McKinney Street
(between S. Woodrow Lane and Loop 288).
Not Included in this Item:
·Parking Lot Lighting Design
·Site Lighting Design
·Traffic Signal Design
·Traffic Signal Warrants
·Traffic Impact Analyses
·Any electrical design unrelated to pedestrian trail lighting
·Custom Light Pole Foundation Design
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 11
N. Environmental Sensitive Area Assessment
1. Remote Sensing and Data Review - Westwood will use available digital data (i.e.,
City of Denton GIS, aerial photography, USGS topographic maps, NWI maps,
soils maps, FEMA maps, etc.) to determine the existing areas encumbered by
environmentally sensitive areas. The information gathered during the desktop
review will be incorporated into a GIS-based map showing the environmentally
sensitive areas based on the remote sensing conducted during the desktop
review. This map will be provided to the Client in either GIS or CAD format for
use in their planning efforts.
2. Site Visit - Westwood will conduct a site visit to document observed plant and
animal species and map vegetation/habitat types on the subject property. Other
interesting ecological features such as unusual vegetation specimens (e.g., large
trees, large rocks), wildlife trails, concentrations of non-native vegetation, etc.,
will be documented by Westwood in the field and recorded via GPS and
photographs. This information will be provided to the Client in either GIS or CAD
format for use in their planning efforts.
3. Environmentally Sensitive Areas Assessment Report - Information collected from
the remote sensing and site visit task will be compiled into an environmentally
sensitive areas assessment report. The report will include a written narrative for
the project, a description of the environmentally sensitive areas, and an
assessment of the environmentally sensitive areas (i.e., determination of areas that
do not meet the criteria of an environmentally sensitive area).
O. Right-of-Way and Easement Acquisition Services
1. Westwood intends to use Specialty Land Services LLC as a subconsultant to
perform acquisition services. See attached proposal (Exhibit F3) dated January 10,
2024, for detailed scope of work.
P. Texas Accessibility Standards (TAS)
1. Through a qualified Registered Accessibility Specialist (RAS) subcontractor,
ENGINEER shall perform the following Texas Accessibility Standards (TAS)
review and inspection:
·Perform a review of construction plans to make sure they are in conformance
with the latest Texas Accessibility Standards (TAS).
·Perform a post-construction inspection of the project to make sure the
constructed improvements conform to the Texas Accessibility Standards
(TAS).
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT A to Agreement between
the City of Denton, Texas (“Client”)
and Westwood Professional Services,
Inc. d/b/a Peloton Land Solutions a
Westwood Company (“Westwood”) for
Consulting Services
2/5/2024 Page 12
Services not included in this contract:
§Utility Improvements (Water & Sanitary Sewer)
§Construction inspection services
§As-built surveys of constructed improvements
§Public hearings or City Council/Commission meetings
§Utility coordination meeting(s) to start relocation process with affected franchise
utilities
§Reset property corner monumentation disturbed or removed during or after
construction
§Required application and permitting fees (LOMR) or special insurance premiums are
not included
§Phase II Environmental Site Assessments
§Floodplain permitting
§Preliminary and final platting
§Zoning change assistance
§Traffic and parking studies
§Retaining wall structural design over 3 feet in height or surcharged
§Design of screening walls, light pole bases, transformer or generator pads, hardscape
features, pavers and/or site signage
§Detailed layout of walks and hardscape areas, including scoring patterns
§Design of any underfloor drainage systems or grading
§Design of french drain systems around the building perimeters
§Landscape Plan and Irrigation Plan
§Signage Plan
§Off-site roadway, drainage, and utility extensions/improvements
§LEED pursuit
§Construction staking
§As-built surveys of constructed improvements
END OF EXHIBIT ‘A’
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT B to Agreement between the City
of Denton, Texas (“Client”) and Westwood
Professional Services, Inc. d/b/a Peloton
Land Solutions a Westwood Company
(“Westwood”) for Consulting Services
2/5/2024 Page 13
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
McKinney Street Trail
(From Audra Lane to Loop 288)
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall be
compensated per the fee schedule below. The fee shall be considered full compensation for the
services described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment
necessary to deliver the services.
Basic Services
A. Project Management & Coordination $41,470.00
B. Conceptual Design (30% Submittal)$38,240.00
C. Preliminary Design (60% Submittal)$74,240.00
D. Final Design (90% & 100% Submittals)$56,520.00
E. Bid Phase Services $11,100.00
F. Construction Administration (Hourly)$30,590.00
G. Field Survey $40,680.00
TOTAL BASIC SERVICES $292,840.00
Special Services
H. Right-of-Way & Easement Documents (Not to Exceed)
(Up to 12 @ $2,500.00 each)$30,000.00
I. Geotechnical Engineering $8,912.50
J. Subsurface Utility Engineering $63,365.00
K. Hydraulics & Hydrology $13,660.00
L. Structural Design $20,920.00
M. Illumination Design $60,170.00
N. Environmental Sensitive Area Assessment $5,860.00
O. Right-of-Way Acquisition Services (Not to Exceed) $101,848.75
P. Texas Accessibility Standards (TAS)$5,210.00
TOTAL SPECTIAL SERVICES $309,946.25
METHOD OF PAYMENT:
Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The
cumulative sum of such monthly partial fee payments shall not exceed the total current project
budget including all approved Amendments. Each invoice shall be verified as to its accuracy andcompliance with the terms of this Agreement by an officer of Westwood.
Monthly statements for reimbursable services performed by sub consultants will be based upon
the actual cost to Westwood plus fifteen percent (15%). Direct expenses for services such as
printing, express mail, fees, mileage and other direct expenses that are incurred during the
progress of the project will be billed at 1.15 times Westwood’s cost.
END OF EXHIBIT ‘B’
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
EXHIBIT C to Agreement between
the City of Denton Texas (“Client”) and
Westwood Professional Services, Inc.,
(“Westwood”) for Consulting Services
2/5/2024 Page 14
END OF EXHIBIT ‘C’
EXHIBIT C
FEE SCHEDULE FOR PUBLIC INFRASTRUCTURE SERVICES
2024 – South
The following is the fee schedule for all work performed under an hourly agreement.
Classification Hourly Rate
Survey Tech I – Survey Tech VI............................................................................ $125.00 – $205.00
Survey Field I – Survey Field VII............................................................................ $70.00 – $160.00
Graduate Surveyor I – Graduate Surveyor III ...................................................... $145.00 – $175.00
Surveyor I – Surveyor VI....................................................................................... $190.00 – $265.00
Remote Sensing Field Tech I – Remote Sensing Field Tech VIII....................... $105.00 – $185.00
Remote Sensing Field Manager .............................................................................................. $200.00
Remote Sensing Tech I – Remote Sensing Tech V .............................................. $130.00 – $185.00
Remote Sensing Manager......................................................................................................... $215.00
Engineering Technician I – Engineering Tech VII..............................................$125.00 – $200.00
Graduate Engineer I – Graduate Engineer IV ......................................................$145.00 – $185.00
Engineer I – Engineer VII..................................................................................... $190.00 – $270.00
Dust Monitor ...............................................................................................................................$75.00
Construction Observer I – Construction Observer V ............................................$115.00 – $175.00
Environmental Scientist I – Environmental Scientist VIII ................................$120.00 – $240.00
Environmental Field I – Environmental Field III................................................. $80.00 – $115.00
GIS I – GIS VIII .....................................................................................................$100.00 – $205.00
Graduate Landscape Architect I – Graduate Landscape Architect III............... $120.00 – $150.00
Landscape Architect I – Landscape Architect VI ................................................ $155.00 – $240.00
Project Processor I – Project Processor II................................................................ $85.00 – $95.00
Project Coordinator I – Project Coordinator II ................................................... $130.00 – $140.00
Senior Project Coordinator I – Senior Project Coordinator II ............................ $155.00 – $175.00
Admin I – Admin V.................................................................................................. $85.00 – $135.00
Intern I – Intern III ................................................................................................. $75.00 – $105.00
Assistant Project Manager I – Assistant Project Manager III ............................$180.00 – $205.00
Project Manager I – Project Manager VII........................................................... $ 195.00 – $290.00
Expert Witness – Court Appearance/Deposition.................................................................... 2 x rate
Westwood Current™ (Geospatial Project Management Tool) Setup and Licensing ....... $600.00+
Specialized Geospatial Equipment – Per Day Use ......................................... $200.00 – $3,000.00
Charges for Other Direct Costs, Outside Services, and facilities furnished by Westwood are
computed on the basis of actual cost plus 15 percent.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
2/5/2024 Page 15
EXHIBIT D – INSURANCE
A.Insurance. Westwood shall, during the life of this Agreement, maintain the following
insurances:
1.Commercial General Liability (occurrence form not less than):
$2,000,000 General Liability
$2,000,000 Products and Completed Operations Aggregate
$1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence
$10,000 Medical Expense
2.Commercial Automobile Liability (all scheduled auto, hired and non-owned
autos):
$1,000,000 Combined Single Limit
3.Umbrella
$5,000,000 Aggregate
$5,000,000 Each Occurrence
4.Workers Compensation
$1,000,000 Each Accident
$1,000,000 Policy Limit
$1,000,000 Each Employee
Professional Liability Errors and Omissions Insurance. Westwood shall carry Professional
Liability Errors and Omissions insurance with limited contractual liability in the amount of
$2,000,000 per claim and in the aggregate for the duration of this Agreement.
END OF EXHIBIT ‘D’
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
ID Task Name Duration Start Finish
1 McKinney Street Trail 250 days Mon 4/1/24 Fri 3/14/25
2 Engineering Design 250 days Mon 4/1/24 Fri 3/14/25
3 Notice to Proceed 0 days Mon 4/1/24 Mon 4/1/24
4 Data Collection 40 days Mon 4/1/24 Fri 5/24/24
5 Survey/Boundary Collection 40 days Mon 4/1/24 Fri 5/24/24
6 SUE 40 days Mon 4/1/24 Fri 5/24/24
7 Conceptual Design Phase 30%70 days Mon 5/27/24 Fri 8/30/24
8 30% Schematic Development 30 days Mon 5/27/24 Fri 7/5/24
9 30% Design QAQC 10 days Mon 7/8/24 Fri 7/19/24
10 30% Design Submittal 0 days Fri 7/19/24 Fri 7/19/24
11 City Review 20 days Mon 7/22/24 Fri 8/16/24
12 Address 30% Review Comments 10 days Mon 8/19/24 Fri 8/30/24
13 Preliminary Design Plans 60%80 days Mon 9/2/24 Fri 12/20/24
14 60% Plan Development 45 days Mon 9/2/24 Fri 11/1/24
15 60% Plans QAQC 15 days Mon 11/4/24 Fri 11/22/24
16 60% Plans Submittal 0 days Fri 11/22/24 Fri 11/22/24
17 City Review 20 days Mon 11/25/24 Fri 12/20/24
18 Plan Set 90%40 days Mon 12/23/24 Fri 2/14/25
19 90% Plan Development 10 days Mon 12/23/24 Fri 1/3/25
20 90% Plans QAQC 10 days Mon 1/6/25 Fri 1/17/25
Engineering Design
4/1
Data Collection
Conceptual Design Phase 30%
7/19
Preliminary Design Plans 60%
11/22
Plan Set 90%
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
2024 2025 2026
EXHIBIT 'E'
MCKINNEY STREET TRAIL
CITY OF DENTON
Mon 2/5/24 Page 1
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
ID Task Name Duration Start Finish
21 90% Plans Submittal 0 days Fri 1/17/25 Fri 1/17/25
22 City Review 20 days Mon 1/20/25 Fri 2/14/25
23 Final Plans 100%20 days Mon 2/17/25 Fri 3/14/25
24 Address City Review Comments 10 days Mon 2/17/25 Fri 2/28/25
25 Final Plans QAQC 10 days Mon 3/3/25 Fri 3/14/25
26 Final Construction Documents Submittal 0 days Fri 3/14/25 Fri 3/14/25
27 Right-Of-Way Acquisition 210 days Mon 9/2/24 Fri 6/20/25
28 Preparation of ROW Documents 20 days Mon 9/2/24 Fri 9/27/24
29 Submit ROW Documents 0 days Fri 9/27/24 Fri 9/27/24
30 Appraisals 30 days Mon 9/30/24 Fri 11/8/24
31 Negotiations 80 days Mon 11/11/24 Fri 2/28/25
32 Closing/Documents Recorded 80 days Mon 3/3/25 Fri 6/20/25
33 Construction Services 285 days Fri 6/20/25 Fri 7/24/26
34 Bidding Support 55 days Fri 6/20/25 Fri 9/5/25
35 Advertise for Bid 0 days Fri 6/20/25 Fri 6/20/25
36 Prepare Bid Documents 15 days Mon 6/23/25 Fri 7/11/25
37 Bid Coordination and Award 40 days Mon 7/14/25 Fri 9/5/25
38 Construction Support 210 days Fri 10/3/25 Fri 7/24/26
39 Preconstruction Conference 0 days Fri 10/3/25 Fri 10/3/25
40 Const. Admin Support 210 days Mon 10/6/25 Fri 7/24/26
1/17
Final Plans 100%
3/14
Right-Of-Way Acquisition
9/27
Construction Services
Bidding Support
6/20
Construction Support
10/3
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct
2024 2025 2026
EXHIBIT 'E'
MCKINNEY STREET TRAIL
CITY OF DENTON
Mon 2/5/24 Page 2
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
DBE | HUB | SBE | WBE | WOSB
14805 Trinity Boulevard, Fort Worth, Texas 76155
Phone: 817.529.8464 ● Fax: 817.529.8465 ● www.Geotex-engineering.com
Texas Engineering Firm Registration # F-12796
Oklahoma Engineering Firm Certificate of Authorization CA 7181
January 9, 2024
Proposal No.: GP24-2002
Westwood Professional Services
Attn: Paul Hodges, P.E.
11000 Frisco Street, Suite 400
Frisco, Texas 75033
Phone: 972-358-7526
Email: paul.hodges@pelotonland.com
Subject: Proposed Geotechnical Investigation
McKinney Street Pedestrian Bridge
Denton, Texas
Mr. Hodges:
We are pleased to submit this proposal for subsurface exploration and geotechnical engineering services
for the referenced project. The proposed bridge is located along southside of East McKinney Street,
approximately 900 feet east of its intersection with North Woodrow Lane in Denton, Texas.
PROJECT DESCRIPTION
We understand that this project consists of the design and construction of a pedestrian bridge.
SCOPE OF SERVICES
The objective of this geotechnical investigation will be to obtain subsurface data and to develop
foundation and earthwork recommendations. All services provided will be performed in accordance with
and limited to those generally accepted engineering standards prevailing at the time and in the area that
the work is performed.
Field Services
As requested, a total of two (2) borings will be drilled within the footprint of the proposed bridge
abutments to depths of 40 feet, or 15 feet into competent bedrock, whichever occurs first.
The borings will be drilled and sampled using a truck-mounted drilling rig. Conventional tube or split-
barrel (standard penetration test) samples will be collected as appropriate for the soils encountered.
Bedrock strata will be tested in-place using the Texas Cone Penetration Test. The recovered
subsurface samples will be preserved and labeled as to the appropriate boring number and depth in
the field. These materials will later be described in further detail in the laboratory by a staff geologist
or engineer. Groundwater, if observed, will be recorded during and at the completion of drilling. After
completion of the observations, the borings will be backfilled in with on-site cuttings to near surface
grade. Backfilled borings should be expected to settle over time and should be monitored; Geotex will
not be responsible for any additional future backfilling required, nor damage or injury that may result
from settlement of the boreholes after the initial backfill process.
EXHIBIT 'F1'
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
GP24-2002 McKinney Street Pedestrian Bridge
Denton, Texas
Geotex Engineering Page 2
Laboratory Services
Selected laboratory testing of the recovered samples will be performed to evaluate soil index, volume
change, and strength properties of the subsurface materials, and to provide data for analysis. These
tests may include but may not be limited to the following:
• Moisture content
• Atterberg limits
• Hydrometer with Distribution Curve
• Unconfined Compressive strength (soil & bedrock)
• Overburden swell tests (if cohesive soils are encountered)
Geotex Engineering will retain recovered samples for 30 days after submission of the geotechnical
report unless other arrangements are made by the client.
Engineering Analysis and Report
Data obtained from the field investigation, laboratory tests, and past experience will be used in the
engineering analysis and development of recommendations. Information to be provided is as follows:
• A plan sheet indicating the approximate location of each boring.
• A log of each boring with the boring number, depth of each stratum, material description, soil
classification with laboratory test results, and groundwater information.
• A discussion of subsurface soil and groundwater conditions.
• A brief discussion of the site geology.
• Estimates of soil movement related to settlement and expansive soils (if present).
• Outline of the engineering properties of the natural soils present, and any existing fill, if
encountered
• Recommendations for foundation type, depth and allowable loading, uplift considerations,
and Seismic Site Class (2018 IBC).
• Earthwork recommendations, including material type(s), compaction, and backfill
requirements.
• Electronic copy of the report.
CONDITIONS
We respectfully request that the Owner provide the following:
• Landowner permission, right(s) of entry, permits, easements or other access authorization
required to perform our proposed services.
• The client must also provide access to each boring location for the drill rig and crew prior to drilling
operations. Collateral damage to landscaping and/or flatwork may occur in the event of limited
access; Geotex will not be responsible for any damage to these items or responsible for any
repair. If the above conditions are not met and the project site is not accessible to the drilling
rig at time of initial mobilization, standby and travel time (portal to portal) will be billed at the
rate of $250/hour for additional mobilizations.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
GP24-2002 McKinney Street Pedestrian Bridge
Denton, Texas
Geotex Engineering Page 3
•Geotex will contact DigTess/Texas One Call for general subsurface utility clearing within the
easements. Locating and marking any private non-franchise subsurface utilities or other
structures or items which might be damaged during the field exploration program is not part of
this scope. The client must provide these services before drilling can proceed; however, these
services can be provided by third-party vendor to Geotex for an additional fee. Geotex will not
be responsible for damage to utilities that are not clearly marked.
SCHEDULE
Our current drilling backlog should allow us to commence drilling operations, weather permitting, within
about 2 to 3 weeks of receipt of a signed agreement or official notice-to-proceed. The final report will be
provided about 2 weeks after completion of drilling.
We appreciate the opportunity to provide you with our services. If you have any questions or wish to
discuss any aspect of the project, please call us. Following your authorization, we are ready to begin work
and look forward to a successful project.
Sincerely,
Geotex Engineering, LLC
Ibrahim A. Baayeh, P.E.
Director of Geotechnical Engineering
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
January 16, 2024
Subsurface Utility Engineering
Client: Westwood
Paul Hodges, PE
Project: McKinney Street Sidewalk, Denton (South EOP to South ROW)
Dear Mr. Hodges:
Yellow Rose Mapping LLC (YR) is pleased to submit a cost proposal for Subsurface Utility
Engineering (SUE) required for the above referenced project. This proposal is based on information
contained in your email dated January 4, 2023.
Introduction
YR will perform the SUE work required for this project in general accordance with the recommended
practices and procedures described in ASCE Publication CI/ASCE 38-02 (Standard Guideline for the
Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE
publication, four levels have been established to describe the quality of utility location and attribute
information used on plans. The four quality levels are as follows:
• Quality Level D (QL”D”) – Information derived from existing utility records;
• Quality Level C (QL”C”) - QL”D” information supplemented with information obtained by
surveying visible above-ground utility features such as valves, hydrants, meters, manhole
covers, etc.
• Quality Level B (QL”B”) – Two-dimensional (x,y) information obtained through the
application and interpretation of non-destructive surface geophysical methods. Also known as
“designating” this quality level provides the horizontal position of subsurface utilities within
approximately one foot.
• Quality Level A (QL”A”) – Three dimensional (x,y,z) utility information obtained utilizing
non-destructive vacuum excavation equipment to expose utilities at critical points which are
then tied down by surveying. Also known as “locating”, this quality level provides precise
horizontal and vertical positioning of utilities within approximately 0.05 feet.
It is the responsibility of the SUE provider to perform due-diligence with regard to records research
(QL “D”) and acquisition of available utility records. The due-diligence provided for this project will
consist of visually inspecting the work area for evidence of utilities and reviewing the available utility
record information. Utilities that are not identified through these efforts will be here forth referred to
as “unknown” utilities. YR personnel will scan the defined work area using electronic prospecting
equipment to search for “unknown” utilities. However, YR is not responsible for designating and
locating these “unknown” utilities.
EXHIBIT 'F2'DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
Mr. Hodges
McKinney Street Sidewalk, Denton (South EOP to South ROW)
January 16, 2023
Page 2 of 3
Scope of Work
Based on information provided by Westwood, YR has developed a preliminary scope for the SUE
work required for this project. The scope of work may be modified, with Westwood’s concurrence,
during the performance of the SUE fieldwork if warranted by actual field findings.
The scope of this proposal includes Quality Level (QL) “A” and “B” SUE. Utilities to be designated
include gas, telecommunications, electric, traffic signals, storm, water and sanitary sewer. Designating
will be performed within the red limits shown in the attached “Exhibit A”, from the southern edge off
pavement to the southern ROW.
As requested, twelve (12) QL “A” test holes will be included in the budget. Test hole locations will
be determined by Westwood and YR once the QL “B” SUE deliverable has been reviewed. YR has
assumed that all designating marks and test holes will be surveyed by Westwood.
Any necessary Right-of-Entry (ROE) permits will be provided by Westwood prior to the start of YR
field work.
YR Procedures
QL“C” and “D” SUE– Records Research and Surface Feature Survey
It is the responsibility of the SUE provider to perform due-diligence with regard to records research
and the acquisition of available utility records. The due-diligence provided for this project will
consist of contacting the applicable One Call agency and associated utility owners/municipalities,
visually inspecting the work area for evidence of utilities, and reviewing available utility record
information. Additional utilities not identified through these efforts will be referred to as Unknown
utilities.
QL“B” SUE – Designating
YR will utilize a suite of geophysical equipment that includes magnetic and electromagnetic
induction to designate conductive utilities. Where access is available, a sonde will be inserted into
non-conductive utilities to provide a medium for transmission, which can then be designated using
geophysical equipment. Non-conductive utilities can also be designated using other proven
methods, such as rodding and probing. QL “B” SUE is inclusive of QL “C/D” SUE.
QL“A” SUE – Locating
YR will utilize non-destructive vacuum excavation equipment to excavate test holes at the
requested locations. To layout the test holes, YR will follow the QL“B” – Designating procedures
described above. Once each utility is located, YR will record the size, type, material, and depth to
top of pipe. Test holes will be uniquely marked. Excavations will be backfilled by mechanical
means with the appropriate material, and the original surface will be restored. If necessary, YR
can core pavement up to a depth of 12 inches. Asphalt surfaces will be repaired with an asphalt
cold patch, and concrete cores will be epoxied in place, flush with the surrounding surface. YR
assumes that flowable fill will not be required when backfilling test holes and that full-section
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
Mr. Hodges
McKinney Street Sidewalk, Denton (South EOP to South ROW)
January 16, 2023
Page 3 of 3
pavement repair (including sidewalks) will not be required to restore the original pavement
surface. YR has assumed that all test holes will be in areas that are accessible to truck-mounted
equipment, and that routine traffic control (cones and free standing signage, etc.) will be required
during the performance of the QL “A” SUE work.
Deliverables
YR will provide the following as a final deliverable to the Client:
• A utility file, in AutoCAD format, depicting the type and horizontal location of the
designated utilities. The size of each utility will be presented in the utility file if this
information is indicated on available record drawings. Westwood will provide YR with
base map/topographic files for use in preparing the utility file.
• A summary sheet of all test hole coordinate data and depth information.
Schedule
Field work can commence within approximately 2 weeks after receipt of a signed agreement and
Notice-To-Proceed (NTP). YR estimates that the field work, survey, and deliverable preparation can
be completed in approximately 7 weeks.
We look forward to working with you on this project. If you have any questions or require additional
information, please contact me at (214)-493-8531.
Respectfully,
Yellow Rose Mapping LLC
Tim Habenicht, P.E.
Director of S.U.E.
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
Exhibit A
(QL “B” SUE From Southern Edge of Pavement to Southern ROW)
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
January 10th, 2024
Paul Hodges, PE
Project Manager
Westwood
Mr. Hodges,
On behalf of Specialty Land Services, LLC, we thank you for this opportunity to respond to the Request
for Proposal. This submission is a consideration for the following services:
• Easement and Right of Way acquisition services – City of Denton – McKinney Sidewalk Project
We are confident you will find that our proposal addresses your critical needs. With more than 20 years’
experience and outstanding rapport with many cities and private clients across Collin, Denton, Tarrant
and Johnson Counties, engaging Specialty Land Services will allow you to focus on the business of
managing your development in a growing community.
We commit to a focused approach through execution of services as demonstrated by completion of
more than 2,500 parcel acquisitions, with more than 99% of negotiations avoiding expensive and time-
consuming condemnations. Supporting SLS experience in the Right-of-Way and Real Estate industry, our
participation in local government over the years has provided the knowledge in understanding cities
short- and long-term goals. Service as a City Council Member, Mayor Pro-Tem, and School Board
President have provided the exposure and insight to local government which SLS has leveraged to
exceed customer expectations.
Throughout the term of the agreement, we will commit to timely execution of requests and project
management through a customized CRM platform and routine follow up on progress of open projects.
Thank you again for the opportunity to present our proposal. If you have any questions, please do not
hesitate to contact us.
Sincerely,
Buddy Minett Matthew Hutto
Buddy Minett, REALTOR® Matthew Hutto, REALTOR®
President Associate
Broker License # 522235 Sales Agent License # 735321
TREC ROW License # 2389 TREC ROW License # 33490
972-679-9488 903-714-4018
buddy@specialtyland.com matthew@specialtyland.com
EXHIBIT 'F3'
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
8780 3rd Street, STE 110, Frisco, TX 75034
www.specialtyland.com
SCOPE OF BASIC SERVICES
Specialty Land Services, LLC will perform the following services for each right-of-way/easement
tract, as necessary based on the information supplied by the client.
• Fixed price for service.
• All consultations with Project Manager and Client Engineer.
• Review of Right-of-Way/Easement maps and Field Notes.
• Market appraisal analysis for parcels.
• Direct interface with Client and Consulting Engineers.
• Thoughtful, legally compliant, communication and notification of Property Owners via
Mail, Phone, Email and/or in person, including evenings and weekends, as required.
• All negotiations with property owner(s), regardless of complexity or time required to
complete the acquisition including a minimum of 3 bona fide offers.
• Ownership verification/confirmation.
• Preparation of Client approved Deed and Easement documents for each parcel.
• Coordinate legal ownership/rights transfer to Client, including title closings if required
by Client.
• Requisition of payments and delivery to property owners as required.
• Securing necessary approvals and signatures.
• Notary services.
• Electronic recording of Easement and/or Right of Way Documents with the appropriate
County Records Office.
• Eminent Domain assistance (if necessary).
DocuSign Envelope ID: CDFEF751-EB80-4C46-95AB-D99C68478B00
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: CDFEF751-EB80-4C46-95AB-D99C68478B00
Peloton Land Solutions, Inc., a Westwood Company
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: CDFEF751-EB80-4C46-95AB-D99C68478B00
Certificate Of Completion
Envelope Id: CDFEF751EB804C4695ABD99C68478B00 Status: Completed
Subject: Please DocuSign: City Council Contract 7599-016 McKinney Sidewalks
Source Envelope:
Document Pages: 48 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Christina Dormady
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
christina.dormady@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/3/2024 8:52:38 AM
Holder: Christina Dormady
christina.dormady@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christina Dormady
christina.dormady@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/3/2024 8:56:27 AM
Viewed: 4/3/2024 8:56:35 AM
Signed: 4/3/2024 8:57:45 AM
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: 4/3/2024 8:57:48 AM
Viewed: 4/3/2024 9:23:50 AM
Signed: 4/3/2024 9:30:19 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: 47.190.47.120
Signed using mobile
Sent: 4/3/2024 9:30:21 AM
Viewed: 4/3/2024 12:26:28 PM
Signed: 4/3/2024 12:27:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brian O'Neil
brian.oneill@westwoodps.com
Senior Director, Public Infrastructure
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 12.52.8.126
Sent: 4/3/2024 12:28:01 PM
Viewed: 4/3/2024 12:59:25 PM
Signed: 4/4/2024 9:05:09 AM
Electronic Record and Signature Disclosure:
Accepted: 4/3/2024 12:59:25 PM
ID: dbbbc81a-bb4f-49f8-86a2-bcf953719f6e
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 9:05:12 AM
Viewed: 4/4/2024 9:11:27 AM
Signed: 4/4/2024 9:11:50 AM
Electronic Record and Signature Disclosure:
Accepted: 4/4/2024 9:11:27 AM
ID: c063526f-79f1-4a53-ae61-ad8939504de9
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 9:11:53 AM
Viewed: 5/8/2024 10:34:26 AM
Signed: 5/8/2024 10:35:08 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/8/2024 10:35:11 AM
Viewed: 5/8/2024 10:48:53 AM
Signed: 5/8/2024 10:48:57 AM
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 10:49:00 AM
Resent: 5/8/2024 4:39:30 PM
Viewed: 5/9/2024 10:10:19 AM
Signed: 5/9/2024 11:28:15 AM
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: 4/3/2024 8:57:48 AM
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 9:11:53 AM
Viewed: 4/5/2024 5:53:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/9/2024 11:28:18 AM
Viewed: 5/9/2024 2:59:25 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dustin Draper
dustin.draper@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/9/2024 11:28:19 AM
Viewed: 5/9/2024 2:32:08 PM
Electronic Record and Signature Disclosure:
Accepted: 5/3/2024 10:28:53 AM
ID: 36b3a721-df38-4cb7-bd42-5cf0936b4c12
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/3/2024 8:56:27 AM
Envelope Updated Security Checked 5/8/2024 4:39:29 PM
Envelope Updated Security Checked 5/8/2024 4:39:29 PM
Envelope Updated Security Checked 5/9/2024 10:29:26 AM
Certified Delivered Security Checked 5/9/2024 10:10:19 AM
Signing Complete Security Checked 5/9/2024 11:28:15 AM
Completed Security Checked 5/9/2024 11:28:19 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Brian O'Neil, Trevor Crain, PMP, Dustin Draper
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
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In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
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To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
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must state your e-mail, full name, IS Postal Address, telephone number, and account
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consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
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Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
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To confirm to us that you can access this information electronically, which will be similar to
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please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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