Binkley & Barfield Inc CIQ 4.23.24
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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Neighborhood 5A Design
Not Applicable
Cori Power
PSA 7599-019
N/A
June 4 2024
24-1075
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 18
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Binkley & Barfield, Inc., with its corporate office at 1801 Gateway Boulevard,
Suite 101, Richardson, TX 75080 and authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Neighborhood 5A Design (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Exhibit A. These services shall be performed in connection with
the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,355,840.00 in the manner and in
accordance with the fee schedule as set forth in Exhibit C. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Exhibit A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit B.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit B to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by 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
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or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation
from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
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encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
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compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be 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 greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
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The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Exhibit B to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
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testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with Exhibit
B.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
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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.
I. CITY's Insurance
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(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
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D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
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CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
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
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State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
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
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Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 23-1165 and in
the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 18
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 attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Exhibit A - Scope of Services
Exhibit B - Project Schedule
Exhibit C - Compensation
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
ENGINEER
BINKLEY & BARFIELD, INC.
BY: ________________________
Authorized Signature
Title: _______________________
___________________________
Texas Ethics Commission
1295 Certificate Number
CITY
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY, CITY MANAGER
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
_____________________________.
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Corporate Vice President
Capital Projects
Director of Capital Projects
2024-1146655
June 4, 2024
1
EXHIBIT “A”
SCOPE OF SERVICES
2019 STREET RECONSTRUCTION BOND PROGRAM
NEIGHBOORHOOD 5A
PROJECT DESCRIPTION:
The project is part of the 2019 Street Reconstruction Bond Program and designated
as Neighborhood 5A. The project includes street reconstruction and replacement
of water and wastewater lines for various streets within the City of Denton. A list of
approximate lengths of street reconstruction and water/wastewater replacements
are listed in the table below and shown in Exhibit “A-1”. Street reconstruction will
typically consist of replacing existing streets at their current widths with asphalt and
concrete curb and gutter. There are some existing roadways without concrete curb
and gutter with roadside drainage ditches. The reconstruction of these roadways
will not include curb and gutter, to avoid additional drainage infrastructure. Street
reconstruction will also include select driveway replacement and sidewalk
replacement as identified by the Engineer and City. Paving plans will also include
replacing pavement at adjoining streets at intersections up to 50 feet into connecting street alignment. Water and wastewater replacement will consist of 8-
inch water and wastewater lines. Plan and profile sheets for wastewater
replacement will be prepared. Water plans will only consist of plan views and will not be profiled.
The scope will also include the necessary topographic survey, geotechnical borings and report, select sidewalk replacement and photometric analysis. Photometric analysis is included in Basic Services and will consist of analyzing the existing system to identify areas for upgrade in lighting. A report will be prepared providing the City with lighting recommendations. If required, lighting construction plans will prepared and billed under Special Services on an hourly as needed basis.
A list of street reconstruction segments along with anticipated length of street, water, and wastewater replacements are shown on the next page.
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BASIC SERVICES:
A. Project Coordination and Data Collection
1. Meet with CITY representatives for a kickoff meeting to discuss the details of the
project and obtain design criteria, standard details, pertinent utility plans, record
drawings, plats and right-of-way maps, existing easement information and other
information available for the project area
2. Perform site visits to verify existing conditions and document with site photos and
field notes, as necessary.
3. Prepare written progress reports to be submitted with monthly pay requests. The
Engineer’s written progress report shall describe activities during the reporting
period, activities planned for the following period, information needed from the
City and overall status of the project.
4. Develop and maintain a detailed project schedule.
5. Attend meetings with stakeholders as necessary to coordinate the project design
6. Use of Procore software throughout design, bidding, and construction of the
project.
B. Conceptual Design (30% Complete)
1. Prepare conceptual plans illustrating the following:
a. Existing surveyed features (right-of-way, easements, pavement, curbs,
walls, fences, fire hydrants, trees, sidewalks, water meters, valves, utility
boxes, manholes, street lights, inlets, and all other visible surface
features).
Street Name Limit 1 Limit 2 Street Length
(FT)Water (FT)Wastewater
(FT)
**Storm
(FT)
AUTUMN OAK DR MAY ST LATTIMORE ST 1461 *1169 482
LATTIMORE ST ALLEY NORTH OF OAK TREE DR PIN OAK DR 1661 1329 1246 2658
PERTAIN ST LATTIMORE ST MINGO RD 714 536 357 1428
WAYNE ST PERTAIN ST BOYD ST 734 734 734 50
BOYD ST WAYNE ST TYLER ST 1074 1074 806 0
TYLER ST BOYD ST MOZINGO ST 746 *746 0
SNYDER ST WAYNE ST TYLER ST 798 *798 0
MOZINGO ST/MULKEY LN OAK TREE DR TYLER ST 2050 2050 339 677
POST OAK CT MULKEY LN DEAD END/CUL DE SAC 463 463 *50
BOYD ST SEMINOLE AVE CREEK AVE 737 737 737 0
CREEK AVE BOYD ST REDWOOD PL 325 *325 0
N BRADSHAW ST E MCKINNEY ST PAISLEY ST 1543 1543 1543 50
DAVIS ST N BRADSHAW ST N CRAWDORD ST 349 349 *0
DAVIS ST N RUDDELL ST JANNINNE ST 748 *561 0
JANNIE ST E MCKINNEY ST PAISLEY ST 1591 *1193 0
CAMPBELL LN E MCKINNEY ST WOODFORD LN 580 *0 0
WOODFORD LN CAMPBELL LN PAISLEY ST 1148 **0
BROCK CIR PAISLEY ST DEAD END/CUL DE SAC 211 211 211 0
N WOOD ST PAISLEY ST TEXAS ST 882 *882 50
N RUDDELL ST PAISLEY ST WILLIS ST 1451 1451 1451 1088
MAY ST N RUDDELL ST DEAD END/CUL DE SAC 400 400 400 132
BOB-O-LINK LN BELLAIRE DR MOCKINGBEIRD LN 713 713 *50
*Water & Wastewater Replacment assumed not required Totals 20,379 11,126 13,497
** Storm shown for informational purposes
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b. Existing utility locations (water, sanitary sewer, and storm sewer)
c. Proposed typical section
d. Proposed horizontal street and sidewalk alignments
e. Proposed water and wastewater horizontal alignments
f. Photometric Analysis Sheets and Reports
g. Proposed right-of-way or easement acquisition (if required).
h. Overall drainage area map
2. Prepare an estimate of construction quantities and develop the conceptual
statement of probable construction cost.
3. Submit conceptual plans and Opinion of Probable Construction Cost (OPCC) to
the City for review.
4. Provide an electronic PDF format set of plans to the City for distribution to the
franchise utility companies affected by construction
5. Meet with City to discuss 30% plan set review.
C. Preliminary Design (60% Complete)
1. Incorporate City’s review comments from conceptual design submittal.
2. Prepare preliminary construction plans. Prepare the following drawings to an
approved scale:
a. Cover Sheet
b. General Notes Sheet
c. Quantity Sheet
d. Project Layout and Control Sheets
e. Demolition Plan & Plan Sheets
f. Typical Sections
g. Roadway Plan & Profile Sheets
h. Water Plan Sheets
i. Wastewater Plan Profile Sheets
j. Proposed lighting layout
k. Pavement Marking Sheets
l. Erosion Control Sheets
m. Cross Sections at 50’ intervals and driveways
n. Detail Sheets
3. Photometric Report
4. Provide an updated electronic PDF format set of plans to the City for distribution
to the franchise utility companies affected by the construction.
5. Prepare an estimate of construction quantities and develop the preliminary
statement of probable construction cost.
6. Submit preliminary plans and cost estimate to the City for review.
7. Incorporate standard details into the construction plans and prepare additional
details as required.
8. Meet with City staff to discuss comments regarding 60% submittal review.
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D. Pre-Final Design (90% Complete)
1. Adjust proposed street grades as needed and adjust limits of driveway and
sidewalk replacements as needed.
2. Revise plans incorporating comments from preliminary submittal.
3. Incorporate comments from franchise utility companies.
4. Revise estimate of construction quantities and preliminary statement of probable
construction cost.
5. Prepare list of bid item descriptions.
6. Submit pre-final plans, opinion of probable construction costs, and list of bid item
descriptions.
7. Provide an electronic PDF format set of plans to the City for distribution to the
franchise utility companies affected by the construction.
8. Meet with City to discuss 90% submittal review.
E. Final Design (100% Complete)
1. Revise plans incorporating comments from the pre-final submittal.
2. Incorporate comments from franchise utility companies.
3. Prepare plans for Final submittal.
4. Update standard details in the construction plans and prepare additional details
as required.
5. Prepare final construction quantity take-offs and final construction cost estimates.
6. Finalize list of bid item descriptions.
7. Submit final plans, opinion of probable construction costs, bid schedule, and bid
item descriptions.
8. Incorporate City final comments into the plans and bid documents.
9. Prepare construction plans and specifications to be issued for bidding.
F. Bid Phase Services
1. Assist City staff in advertising for bids
2. Provide responses to questions submitted during bidding process.
3. Assist City in interpreting bid documents.
4. Attend pre-bid meeting.
5. Prepare and provide the City with addenda to bid documents, if necessary.
G. Construction Phase Services
1. Attend and assist City in holding a pre-construction conference and a public
meeting.
2. Review shop drawings and material submittals.
3. Review proposed construction schedules, if requested by City Staff.
4. Review and provide written responses to Requests for Information (RFIs).
5. Assist City PM with construction change orders, if necessary.
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6. Site visits by the design Engineer, as required during construction and
attendance of one (1) construction meeting per month.
7. Assist City Staff in conducting final inspection.
8. Recommend final acceptance of completed work.
9. Prepare construction “Record Drawings” updating the project plans to reflect any
field changes or plan revisions. Record drawings shall be delivered in a digital
format. The drawings shall be 24” x 36” in size and shall bear “Record Drawing”
stamp and the seal and signature of the Engineer along with the date.
10. Construction Phase Services will be billed on an hourly not to exceed basis and
includes the following estimated time:
• 40 hours of a Sr. Project Manager at $314/hr
• 75 hours of a Project Engineer at $174/hr
• 140 hours of EIT II at $157/hr
SPECIAL SERVICES:
A. Survey Services
1. Survey Control a. Establish horizontal and vertical control points along in project areas and
place the points where they will be unlikely to be disturbed during the
construction phase of the project.
b. Prepare Survey Control and Index sheet(s) for the PS&E plan set
c. Control will be established based on City of Denton GPS Benchmarks or
other as required.
2. Topographic and Existing ROW Survey The survey limits shall extend from ROW to ROW for all streets. Services shall include: a. Perform abstracting (deed/plat research)
b. Locate and tie boundary corners and intersecting streets.
c. Determine the existing ROW streets, intersecting streets and adjacent land
boundaries. The existing ROW will be shown on the topographic survey.
d. Obtaining elevations and locations of existing paving, improvements,
driveways, signs, natural ground, ditches, irregularities in the natural ground
and other visible features within and adjacent to the project. Full topo will
include cross sections of roadway at approximate 50-foot intervals. “Texas
811” will be notified to have utilities marked and flagged prior to beginning the
fieldwork. Utilities within and adjacent to the limits shall be located and tied
based on visual evidence and provided plans and maps. The flow line
elevations and pipe sizes shall be obtained on storm sewer lines, sanitary
sewer lines and culverts. The top and flow line elevations will be obtained on
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inlets, manholes, and drainage structures. Trees with a trunk diameter of 4-
inches or greater will be tied.
e. Existing utility information shall be based on visible evidence and as-built or
other information provided by the City.
3. Parcels for Acquisition – Survey Legal Description (If Required) Prepare surveys of parcels for acquisition or easement purposes to support construction. The requirements of parcels are unknown, and it is assumed four parcels for the purposes of this proposal. Services shall include preparing signed
and sealed survey drawings and metes and bounds descriptions for each tract of land. The proposed easement/ROW will be staked on the ground and the surveys will be signed and sealed by a Texas Registered Professional Land Surveyor. 4. Right-of-Way Staking (If Required) Staking of ROW can be provided if required by the City. The ROW can be staked at every 50-foot station. This task will be charged daily if needed (minimum 0.5 days). It has been determined a total of 13.5 days will be required to stake the ROW for the entire project.
B. Geotechnical
1. Field Exploration a. Field location of borings using a handheld GPS device. Ground surface
elevations at the boring locations will be interpolated from survey data.
b. Boring will be drilled along the roadway within ROW. ROW permit will be
obtained from City of Denton
c. Mobilization of a truck-mounted drilling rig to the site.
d. Completion of 34 borings (spaced approximately 500 to 600 feet). The
borings will be performed within the existing roadways to a depth of 10 feet
below pavement surface.
e. Representative soil samples obtained by means of the split-barrel and/or
Shelby tube sampling procedures in general accordance with ASTM D1586
and D1587, respectively.
f. Texas Cone Penetrometer test performed to evaluate the bearing capacity of
the bedrock, if encountered in the borings, in general accordance with TxDOT
method Tex-132-E.
g. Groundwater depth measurements at each boring during drilling and prior to
backfilling.
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2. Laboratory Testing – Laboratory Testing of representative soil samples will be performed to determine physical and engineering properties of the soil. The laboratory testing will include the following:
Moisture Content Atterberg limits Passing No. 200 sieve
Swell Test Soluble sulfates Lime / pH series
Standard Proctor California Bearing Ratio
3. Engineering Report – Upon completion of the field exploration, laboratory testing, and engineering analyses, a written engineering report will be prepared by a
licensed professional engineer that will include:
a. A review of published soils mapping and/or geologic information.
b. Observations from our site reconnaissance and field personnel, including
current site conditions, surface drainage features, topography, and available
satellite imagery.
c. A description of the field exploration and laboratory test procedures.
d. Computer generated soil boring logs prepared in accordance with industry
standard practices for geotechnical engineering.
e. A boring location diagram.
f. Laboratory tests results plotted on the boring logs and/or included on
separate report pages.
g. Discussion of the subsurface materials and groundwater conditions
encountered.
h. Subsurface cross sections/profiles that graphically represent the general
subsurface conditions.
i. Recommendations for subgrade preparation.
j. Concrete and asphalt pavement design recommendations according to the
City of Denton Transportation Design Criteria Manual, 2023 specification
requirements, and based on site-specific traffic data (ADT, % truck type,
growth rate, and/or ESALS) and roadway classification.
k. Discussion of earthwork considerations for compaction, reuse of soils,
groundwater, expansive soils, shallow rock, drainage, or other applicable
considerations.
C. Roadway Illumination Coordination/Design (If Required)- This task scope is
undefined at this point and has been included for budgetary purposes. This task will be
billed on an as needed hourly basis. The task will include coordination with Denton
Municipal Electric (DME) and the City to provide street light construction plans. The
design would include street lighting, conduits layout, light pole foundations and details.
This task does not include electrical design elements. A contingency fee of $40,000 has
been added for this task.
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E. TDLR Registration, Review, and Inspection
1. TDLR Services a. Register the project with TDLR Texas Architectural Barriers System.
b. Provide a PROWAG compliance review of the construction plans. The
compliance review shall be performed by a licensed RAS.
c. Provide a post construction inspection and final report. The inspection and
report to be performed by a licensed RAS.
d. Provide follow up inspections following corrective action by the Contractor, to
confirm compliance.
e. Complete all necessary documentation and submit to TDLR.
Reimbursable Expenses:
Costs for any required mailing, printing, and mileage.
Client Provided Services:
The Client shall provide to Binkley & Barfield, Inc. the following:
1. Available record drawings 2. Available planimetric data 3. Available aerial imagery
4. Contract Documents boiler plate 5. Standard details 6. Design criteria 7. Other information pertinent to the project 8. Right-of-entry coordination with property owners for surveyor to access yards and driveways (if needed) 9. Direction concerning extent of lighting elements an storm drain upgrades. Exclusions:
• Right-of-entry coordination for surveying and construction
• Construction staking
• SWPPP
• Preparation of bid tabulations
• Evaluation of bidders
• Providing recommendation of contract award
• Preparation of construction change orders
• Environmental studies or reports
• Traffic signalization or traffic studies
• Wastewater flow determinations
• Computer modeling of water system
• Franchise utility design or plans
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• Storm drain design or analysis
• Floodplain reclamation plans or floodplain analysis
• Drainage studies or hydrologic analysis
• Construction inspection
• Desing for trench safety
• Consulting services by others not included in this proposal
• Quality control and testing services during construction
• Alternate additions not included in the original scope
• Improvements outside the project limits
• Preparation of technical specifications
• Items listed as CITY responsibilities.
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2019 Bond Program
Neighboorhood 5A
Legend
3000 ft
N➤➤N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
LEGEND
RECONSTRUCTION/REPACEMENT LIMITS
STREETS
STREETS AND WASTEWATER
STREETS AND WATER
STREETS, WATER & WASTWATER
EXHIBIT "A-1"DocuSign Envelope ID: 0446DB0A-2BCF-4205-9E70-79B8A861342D
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EXHIBIT “B”
SCHEDULE OF WORK
1 Notice to Proceed (Professional
Services)25-Mar-24 1 25-Mar-24
2 Design Survey 26-Mar-24 50 15-May-24
3 Conceptual Design (30%)15-May-24 50 4-Jul-24
4 City Review (30%)4-Jul-24 15 19-Jul-24
6 Preliminary Design (60%) 19-Jul-24 75 2-Oct-24
7 City Review 2-Oct-24 15 17-Oct-24
8 Pre-Final Design (90%)17-Oct-24 40 26-Nov-24
9 City Review 26-Nov-24 15 11-Dec-24
10 Final Design (100% Review Set)11-Dec-24 30 10-Jan-25
11 City Review 10-Jan-25 15 25-Jan-25
12 Signed & Sealed Submittal 25-Jan-25 5 30-Jan-25
13 Bid Phase 30-Jan-25 30 1-Mar-25
15 Construction 1-Mar-25 500 14-Jul-26
Completion Time
(Calendar Days)Estimated End DateEstimated Start Date
City of Denton 2019 Street Reconstruction Bond Program
Esitmated Schedule Feb 2024
Activity
Neighborhood 5A
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EXHIBIT “C”
FEE PROPOSAL
DESCRIPTION AMOUNT
BASIC SERVICES
A. Project Coordination and Data Collection (Lump Sum) $16,000.00
B. Conceptual Design - 30% Plans (Lump Sum) $273,500.00
C. Preliminary Design - 60% Plans (Lump Sum) $400,000.00
D. Pre-final Design 90% Plans (Lump Sum) $193,500.00
E. Final Design 100% Plans (Lump Sum) $81,500.00
F. Bid Phase Services (Lump Sum) $5,000.00
G. Construction Phase Services (Est. Hourly)* $47,590.00
Total Basic Services Fee: $1,017,090.00
Reimbursable Expenses: $2,000
Costs for any required mailing, printing, and mileage.
Total Reimbursable Fee: $2,000
SPECIAL SERVICES
A. Design Survey (Lump Sum)
1. Survey Control $15,000.00
2. Topographic and Exist. ROW Survey $167,500.00
3. Parcels for Acquisition (4 @ $3,000 Ea.) $12,000.00
4. Right-of-Way Staking (If Required $3,300/day) $44,550.00
B. Geotechnical (Lump Sum) $52,700.00
C. Roadway Illumination (If Required Est. Hourly) $40,000.00
D. TDLR Registration, Review, Inspection (Lump Sum) $5,000.00
Total Special Services Fee: $336,750.00
Total Fee: $1,355,840.00
DocuSign Envelope ID: 0446DB0A-2BCF-4205-9E70-79B8A861342D
Classification Unit Billable Rate
Principal Hour $344.00
Sr. Project Manager Hour $314.00
Project Manager Hour $243.00
Structural Engineer Hour $243.00
Construction Manager Hour $243.00
Sr. Project Engineer Hour $206.00
Project Engineer Hour $174.00
Field Engineer Hour $189.00
Electrical & Instrumentation Engineer Hour $206.00
Engineer Technician Hour $171.00
EIT II Hour $157.00
Graduate Engineer/EIT I Hour $138.00
Structural Inspector Hour $157.00
Construction Observer/Sr. Inspector III Hour $157.00
Construction Observer/Inspector II Hour $146.00
Construction Observer/Inspector I Hour $119.00
Sr. Designator Hour $132.00
Designator Hour $114.00
Sr. Utility Coordinator Hour $191.00
Utility Coordinator Hour $167.00
Production Manager Hour $256.00
Production Technician Hour $107.00
Sr. Electrical Designer Hour $179.00
Sr. CADD/Designer Hour $170.00
CADD/Designer Hour $154.00
CADD Technician Hour $127.00
GIS Manager Hour $162.00
GIS Analyst Hour $116.00
Sr. Clerical/Administrator/Document Specialist/Recordkeeper Hour $108.00
Clerical/Administrator Hour $100.00
3D Modeling Day $1,032.00
*These rates are subject to a Consumer Price Index (CPI) adjustment.
Binkley & Barfield, Inc.
2024 Billable Rates by Classification
1. Subconsultant, reproduction, delivery, and other associated expenses shall be reimbursed at cost plus
10%.
2. Mileage shall be reimbursed at the current federal rate as published by the IRS.
Direct Expenses
Revised: 1/19/2024
DocuSign Envelope ID: 0446DB0A-2BCF-4205-9E70-79B8A861342D
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: 0446DB0A-2BCF-4205-9E70-79B8A861342D
Binkley & Barfield, Inc.
Exhibit CIQ
X
X
None
X
4/23/2024
X
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: 0446DB0A-2BCF-4205-9E70-79B8A861342D
Certificate Of Completion
Envelope Id: 0446DB0A2BCF42059E7079B8A861342D Status: Completed
Subject: Please DocuSign: City Council Contract 7599-019 Neighborhood 5A Design PSA
Source Envelope:
Document Pages: 34 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/15/2024 1:12:17 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/15/2024 1:26:20 PM
Viewed: 4/15/2024 1:26:29 PM
Signed: 4/15/2024 1:26:52 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/15/2024 1:26:56 PM
Viewed: 4/15/2024 2:00:35 PM
Signed: 4/15/2024 2:01:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/15/2024 2:01:15 PM
Viewed: 4/16/2024 1:13:18 PM
Signed: 4/16/2024 1:15:43 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Richard Arvizu
rarvizu@binkleybarfield.com
Corporate Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 47.185.198.35
Sent: 4/16/2024 1:15:48 PM
Resent: 4/23/2024 3:27:05 PM
Viewed: 4/23/2024 3:46:19 PM
Signed: 4/23/2024 3:50:30 PM
Electronic Record and Signature Disclosure:
Accepted: 4/23/2024 3:46:19 PM
ID: 95dc1f22-c719-4cf9-b81b-1b7226645e8c
Signer Events Signature Timestamp
Trevor Crain
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: 4/23/2024 3:50:35 PM
Viewed: 4/23/2024 3:58:22 PM
Signed: 4/23/2024 3:58:47 PM
Electronic Record and Signature Disclosure:
Accepted: 4/23/2024 3:58:22 PM
ID: 06986bf3-6b96-4b2b-9afc-e5f211de99b7
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 4/23/2024 3:58:53 PM
Viewed: 4/23/2024 4:04:06 PM
Signed: 4/23/2024 4:04:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 4/23/2024 4:04:26 PM
Resent: 5/28/2024 11:36:44 AM
Viewed: 6/4/2024 7:06:22 PM
Signed: 6/4/2024 7:07:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.190.47.120
Signed using mobile
Sent: 6/4/2024 7:07:25 PM
Viewed: 6/4/2024 7:10:55 PM
Signed: 6/4/2024 7:11:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/4/2024 7:11:27 PM
Viewed: 6/5/2024 1:25:57 PM
Signed: 6/5/2024 1:26:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/15/2024 1:26:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/23/2024 3:58:52 PM
Viewed: 4/23/2024 4:26:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/5/2024 1:26:24 PM
Viewed: 6/5/2024 2:48:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Taylor Holt
Taylor.Holt@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/5/2024 1:26:25 PM
Viewed: 6/5/2024 1:34:40 PM
Electronic Record and Signature Disclosure:
Accepted: 6/4/2024 2:12:29 PM
ID: 2a3a6d49-500d-4095-b744-3987eb5c8e5e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/15/2024 1:26:20 PM
Envelope Updated Security Checked 5/28/2024 11:36:43 AM
Envelope Updated Security Checked 5/28/2024 11:36:43 AM
Certified Delivered Security Checked 6/5/2024 1:25:57 PM
Signing Complete Security Checked 6/5/2024 1:26:20 PM
Completed Security Checked 6/5/2024 1:26:25 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
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required notices and disclosures electronically from us and you will no longer be able to use your
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or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Richard Arvizu, Trevor Crain, Taylor Holt
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
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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
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To inform us that you no longer want to receive future notices and disclosures in electronic
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consequences of your withdrawing consent for online documents will be that transactions
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NetScape 7.2 (or above)
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proxy connection
** These minimum requirements are subject to change. If these requirements change, we 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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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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