8377-010 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
NCTOCG TA GRANT DESIGN
Christina Dormady
PSA
Not Applicable
8377-010
N/A
OCTOBER 14, 2025
25-1821
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22
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CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Kimley-Horn and Associates, Inc., with its corporate office at 421
GFayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: NCTOCG TA GRANT
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 Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,189,900.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment C.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment C to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No interest
will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
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PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation
from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
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commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
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Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
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facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
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a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
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right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
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Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 23-1165 and in
the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/filinginfo/1295/
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C – Schedule
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
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ATTEST:
, CITY SECRETARY
BY: _______________________________
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
Kimley-Horn and Associates, Inc.
Scott Arnold, Title
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
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2025-1363337
Scott Arnold
Vice President
9/15/2025
Director
Development Services
INGRID REX, INTERIM
10/14/2025
Attachment a DESIGN SERVICES FOR Sycamore Trail and Newton Rayzor SRTS Transportation Alternatives (TA) Improvements
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ATTACHMENT “A”
Scope of Services and Fee for Engineering Design Related Services for:
Sycamore Trail and Newton Rayzor SRTS Transportation Alternatives (TA) Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in completing
the project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project.
OBJECTIVE
The objective of this project is to design transportation alternative improvements that were
part of the NCTCOG TA Grant awards for Sycamore Trail Improvements and the Newton
Rayzor SRTS Improvements. The project limits are shown in these two applications and are
summarized below:
• Sycamore Trail:
o Railroad Avenue between E Sycamore Street and E McKinney Street.
o E Sycamore Street between Railroad Avenue and S Crawford Street.
o Carl Young Sr Park: trail between E Sycamore Street and S Ruddell Street, excluding the sidewalks leading up to the park amenities.
• Newton Rayzor SRTS, various locations along the following streets:
o Linden Drive o Carlton Street o Crescent Street o Cordell Street
o Emery Street
o Amherst Drive o Tulane Drive o Greenbriar Street o Auburn Drive
o Parkside Drive
o N Lake Trail o Georgetown Drive o Fordham Lane o Bowling Green Street
o Malone Street
o Dartmouth Place o Cornell Lane o Hinkle Drive o Primrose Lane
o Aileen Street
o Gober Street
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The specific improvements to be designed by the ENGINEER are shown in each project’s grant application. A summary of the proposed improvements is below:
- Sycamore Trail
o 4,200 LF of 10’ shared-use path on east side of Railroad Avenue and along the
north side of E. Sycamore Street, and through Carl Young Sr Park. o Pedestrian level lighting along E Sycamore Street and Carl Young Sr Park shared use path.
o Curb ramps
o Rectangular rapid flashing beacon
o Replacement of the existing bridge along E. Sycamore Street o Pavement markings and signs o Concrete driveways within the shared use path limits
o Bike racks, benches, and waste receptacles
- Newton Rayzor SRTS o 31,200 LF of 5’ wide sidewalk along the streets listed above and on the side of the street shown in the grant application exhibit
o Curb ramps
o Concrete driveways within the limits of the proposed sidewalk
o Pavement markings and signs Work under this agreement consists of project management, topographic survey, geotechnical
engineering, drainage design, conceptual design, preliminary and final design, bid phase
services, environmental clearance services, bid phase services, and construction phase
services. It is our understanding that the project will be let by the CITY.
WORK TO BE PERFORMED
Task 1. Design Management Task 2. Conceptual Design (30% PS&E) Task 3. Preliminary Design (60% PS&E) Task 4. Final Design (90% PS&E, 95% PS&E, and 100% PS&E) Task 5. Bridge Replacement Design
Task 6. Drainage Design Task 7. Environmental Clearance Services Task 8. Bidding Phase Services Task 9. Construction Phase Services Task 10. Topographic Survey Services
Task 11. Geotechnical Services Task 12. TDLR Permitting TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
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address issues with the CITY’s Project Manager and others as necessary to make progress on the work.
1.1. Managing the Team:
• Lead, manage and direct design team activities
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work.
• Communicate internally among team members.
• Task and allocate team resources.
1.2. Communications and Reporting:
• Attend a pre-design project kickoff/charter meeting with CITY and TxDOT staff to confirm and clarify scope, understand CITY’s objectives, and ensure economical and functional designs that meet CITY’s requirements.
• Attend two (2) field meetings with CITY representatives prior to the 30% and 90%
submittals.
• Conduct and document monthly project update meetings with CITY’s Project Manager and CITY staff.
• Conduct review meetings with the CITY and TxDOT at the end of each design phase.
• Conduct QC/QA reviews and document those activities.
• Prepare invoices and submit them monthly in the format requested by the CITY.
• Prepare and submit monthly project status reports in the format provided by the CITY.
• Prepare and submit baseline project schedule initially, and project schedule updates
with a schedule narrative monthly.
• 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, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
ASSUMPTIONS
• One (1) pre-design project kickoff/chartering meeting.
• Two (2) field review meetings.
• Eighteen (18) monthly project update meetings during design phase.
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• Three (3) plan review meetings.
• Project design and bidding phase is estimated to be eighteen months (22) months.
• Project construction phase is estimated to be sixteen (16) months.
• Thirty-eight (38) monthly updates of project status reports and project schedule. DELIVERABLES
• Meeting summaries with action items
• Baseline design schedule
• Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes
• Monthly project status reports
• Monthly invoices
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
Conceptual Design (30% Plans, Specifications, and Estimate (PS&E)) shall be submitted to the CITY according to the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate
through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY’s endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in the coordination of the proposed improvements with any planned future improvements that may influence the project. The ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project, which may consist of utilities, agencies
(City, TxDOT, etc), City Master Plans, and property ownership as available from the Tax Assessor's office.
• The ENGINEER will consult with the City’s Public Works Department, public
utilities, private utilities, and government agencies to determine the approximate
location of the above and underground utilities, and other facilities (current and future) that have an impact or influence on the project.
2.2. Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize
conflicts with existing utilities, and where known and possible, consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase.
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• In the case of a public utility conflict, the ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
2.3. The Conceptual Design Package (30% PS&E) will consist of the following:
• Preliminary cover and index of sheets including project limits, area location map,
and beginning and end station limits.
• General Notes sheet
• Key Map sheets (2 each).
• Quantity Summary page.
• Existing topography of the project area, along with proposed typical sections, which outline the proposed improvements. Typical sections will show existing ROW, existing and proposed curbs, sidewalks, and curb ramps.
• Project Control sheet, showing all Control Points, used or set while gathering data.
Generally, on a scale of not less than 1:400, the following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8” Iron Rod); X, Y, and Z coordinates, in an identified coordinate system, and a referred bearing base. Z coordinates on City Datum only; descriptive
location.
• Existing conditions and removal sheets.
• Proposed sidewalk and sidepath layout sheets (no profiles).
• Proposed signing and striping layout sheets.
• Proposed pedestrian lighting pole layout sheets for Sycamore Trail.
• Applicable TxDOT and CITY standard details.
• Documentation of key design decisions.
• Conceptual (30%) Opinion of probable construction cost (OPCC).
• Applicable TxDOT or CITY standard detail sheets.
• TxDOT LGPP Documentation
o LG Checklist
o Form 1002 o SED o Form 2440
o Form 2229
o Draft TxDOT Certifications
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ASSUMPTIONS
• The CITY 30% PS&E will be submitted in PDF format to ProCore.
• The TxDOT 30% PS&E will be submitted to TxDOT in PDF format to Box.com.
• ENGINEER shall not proceed with the 60% PS&E activities without written approval by the CITY and TxDOT of the 30% PS&E.
• The Newton Rayzor design will consist of up to 31,200 LF of 5’ sidewalk.
• The Sycamore trail design will consist of up to 4,200 LF of 10’ wide shared use path.
• Existing drainage infrastructure is adequately sized. Pipe/box extensions or minor
ditch realignments to accommodate the sidewalk improvements are assumed to have a negligible impact on the hydraulic performance of the drainage facilities. DELIVERABLES
• 30% PS&E.
• OPCC.
• Documentation of key design decisions
• Applicable TxDOT LGPP forms and checklists for a 30% PS&E.
TASK 3. PRELIMINARY DESIGN (60 PERCENT PS&E).
The 60% PS&E shall be submitted to the CITY according per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. The Preliminary Design Package (60% PS&E) will consist of the following:
• Preliminary cover showing project limits, area location map, and beginning and end station limits.
• Preliminary sheet index.
• Quantity Summary page.
• Traffic Control Plan showing construction signage and pavement markings which
will be in accordance with the latest edition of the Texas Manual on Uniform Traffic
Control Devices.
• Updated Project Control Sheet.
• Updated existing and proposed typical section sheets.
• Updated existing conditions and removal sheets.
• Prepare sidewalk and shared use path cross sections and profiles of any driveways that are to be reconstructed.
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• No less than two benchmarks plan/profile sheet.
• Bearings given on all proposed centerlines or baselines.
• Updated sidewalk and shared use path layout sheets consisting of ROW lines, horizontal alignments, utility adjustments, curbs, sidewalks, driveways, and existing and proposed contours (0.25’ intervals).
• Updated pavement marking and signing layout sheets.
• Preliminary E Sycamore Street bridge layout (effort included in Task 5).
• Preliminary rectangular rapid flashing beacon (RRFB) layout sheet.
• Updated pedestrian lighting plans, which will consist of pole layouts, conduits, ground boxes, and conductors, for E Sycamore Street and Carl Young Sr Park.
• Applicable TxDOT or CITY standard detail sheets.
• Preliminary Erosion Control sheets.
• Preliminary SW3P layouts.
• Preliminary EPIC sheet.
• Preliminary utility conflict matrix.
• Documentation of key design decisions.
• OPCC.
• Project Manual.
• 30% comment/response matrix for CITY and TxDOT comments.
• Updated TxDOT LGPP forms and checklist.
• TxDOT contract time determination.
• Update TxDOT CONNECT.
3.2. Constructability Review
• Prior to the 60 percent review meeting with the CITY and TxDOT, the ENGINEER
shall schedule and attend a project site visit with the CITY Project Manager and CITY staff to walk the project. The ENGINEER shall summarize the comments from the field visit and submit this information to the CITY and TxDOT in writing.
ASSUMPTIONS
• Up to six (6) site specific traffic control details will be provided to supplement the TxDOT traffic control standard details.
• The CITY 60% review plan set will be submitted in PDF format to ProCore.
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• The TxDOT 60% review plan set will be submitted in PDF format to Box.com.
• The ENGINEER will upload and update information on TxDOT CONNECT.
DELIVERABLES
• 60% PS&E, Project Manual, draft Certifications, and applicable TxDOT LGPP
forms and checklist.
• 30% comment/response spreadsheet.
• Utility conflict matrix.
TASK 4. FINAL DESIGN (90 PERCENT), DISTRICT DESIGN (95%), AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows:
• Final draft Plans, Specifications, and Estimate (PS&E) (90%), Project Manual, and applicable TxDOT LGPP forms and checklist will be submitted to CITY and TxDOT per the approved Project Schedule.
• Following a 90% PS&E review meeting with the CITY and TxDOT, the
ENGINEER shall submit 95% PS&E, Project Manual, and applicable TxDOT
LGPP forms and checklist to the CITY and TxDOT per the approved Project Schedule. The 95% PS&E is intended for TxDOT District review.
• The ENGINEER will incorporate TxDOT District comments on the 95% PS&E and prepare the 100% PS&E, Project Manual, and applicable TxDOT LGPP forms
and checklist.
• 90%, 95%, and 100% OPCC ASSUMPTIONS
• The CITY 90%, 95%, and 100% review plan set will be submitted in PDF format to ProCore.
• The TxDOT 90%, 95%, and 100% review plan set will be submitted in PDF format to Box.com.
• The ENGINEER will upload and update information on TxDOT CONNECT. DELIVERABLES
• 90% PS&E, Project Manual, OPCC, Certifications, and applicable TxDOT LGPP
forms and checklist.
• 95% PS&E Project Manual, OPCC, Certifications, and applicable TxDOT LGPP forms and checklist.
• 100% PS&E, Project Manual, OPCC, Certifications, and applicable TxDOT LGPP forms and checklist.
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TASK 5. BRIDGE REPLACEMENT DESIGN.
The ENGINEER will complete the following tasks for the design of the bridge replacement along E Sycamore Street. It is assumed that the bridge replacement is a one (1) span bridge of approximately 55’ long x 37’ wide. The 37’ nominal bridge width will service 2-12’ lanes, 1-1’ TxDOT Combination Rail, 1-1’ TxDOT Traffic Rail, 1-1’ Pedestrian Rail and 1-10’ Shared
Use Path. This scope assumes that precast prestressed slab beams will be used with TxDOT
standard bridge rails. No aesthetic enhancements are anticipated for this bridge.
5.1. Bridge Layout. The ENGINEER shall prepare a bridge layout plan sheet for the
bridge replacement on E Sycamore Street at Drainage Channel. The ENGINEER
shall determine the location of each soil boring needed for foundation design in
accordance with the TxDOT Geotechnical Manual.
The ENGINEER shall comply with all relevant sections of the latest edition of the
State’s LRFD Bridge Design Manual, Bridge Project Development Manual, Bridge
Detailing Guide, and AASHTO LRFD Bridge Design Specifications and respective
checklists to a practical extent. If necessary, deviation from the above-listed manuals
is permitted, provided the ENGINEER submits sound engineering reasoning and/or
calculations to justify the change. Each bridge layout sheet must include bridge
typical sections, structural dimensions, abutment and bent locations, superstructure
and substructure types. The ENGINEER shall locate and plot all soil borings and
utilities, show proposed retaining walls (if applicable), and for staged construction,
indicate limits of existing bridge for removal and reconstruction.
5.2. Bridge Detail Summary. The ENGINEER shall prepare total bridge quantities,
estimates, and summary sheets for each bridge or bridge class culvert.
5.3. Bridge Structural Details. The ENGINEER shall prepare each structural design and
develop detailed structural drawings of all required details in compliance with above-
listed manuals and guidelines. The ENGINEER shall assemble and complete all
applicable State Standard Details sheets.
Additionally, the ENGINEER shall:
• Perform calculations for design of bridge abutments.
• Perform calculations for bridge slab design (if applicable).
• Perform calculations to determine elevations of bridge substructure and
superstructure elements.
• Perform calculations for bridge slab beam design.
• Prepare necessary foundation details and plan sheets.
• Prepare plan sheets for abutment design.
• Prepare plan sheets for additional abutment details.
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• Prepare framing plan and slab plan sheets.
• Compute and prepare tables for slab and bearing seat elevations, dead load
deflections, etc.
• Design beams and prepare beam design tables.
• Prepare special provisions and special specifications in accordance to the above-
listed manuals and guidelines.
5.4. Roadway Design. The ENGINEER will prepare construction plans, specifications, and
estimates for full-depth reconstruction of E Sycamore Street to accommodate the bridge
replacement. It is assumed the roadway reconstruction will be limited to 100’ along E
Sycamore Street in each direction of the bridge. The construction plans shall include:
• Horizontal Control
• Typical Sections
• Demolition Plan
• Paving Plan and Profile
• Internal Storm Drain Plan and Profile
• Signing and Marking Plan
• Traffic Control Plan
• Erosion Control Plan
TASK 6. DRAINAGE DESIGN.
The ENGINEER will complete the following tasks for the drainage analysis and design:
6.1. H&H Analysis and Modeling
a. The ENGINEER will obtain the effective hydraulic modeling for Pecan Creek
from the City to use as the baseline model for this project. ENGINEER will
utilize the existing flow data within the model with no modifications. The
ENGINEER will revise the hydraulic model based upRon the topographic
survey obtained as part of this project to create a revised existing condition.
ENGINEER will include the proposed bridge and channel modifications at
Sycamore Street into the hydraulic model to establish the proposed conditions.
Two scenarios will be prepared and presented to the City at the 30% submittal.
The two scenarios will evaluate the bridge crossing to elevate the bridge to no
longer overtop during the 100-year rain event, and the second will be to elevate
the bridge to provide freeboard in compliance with the City design criteria. The
ENGINEER will meet with the City after the 30% submittal to discuss the two
scenarios to receive direction on the bridge design. A flood study will be
submitted at 60% submittal to include a report and exhibits documenting the
methodology and results of the analysis for a no rise condition. The flood study
will be revised at the 90% submittal to reflect the final design and include a no-
rise certificate. This task assumes the City will provide the baseline model;
ENGINEER can develop the baseline hydraulic model as additional services.
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This task does not include preparation of a LOMR or CLOMR to permit with
FEMA. This can be completed as an additional service.
6.2. Scour Analysis
a. ENGINEER, as part of the 90% submittal, will perform a scour analysis
following TxDOT criteria for the Sycamore Street Bridge. This will be used
with the design of the bridge to protect against high velocities.
TASK 7. ENVIRONMENTAL CLEARANCE SERVICES.
The ENGINEER will complete the following tasks for the environmental clearance process:
7.1. Environmental Services (Categorical Exclusions (CE))
• Coordinate with TxDOT and Prepare Work Plan Development (WPD) forms to support scoping the project in ECOS
o The following will also be provided with the WPD forms:
Vicinity Map
Topographic Map
Aerial Map
THC Atlas
TxDOT Aggregator
• Complete Species Analysis Spreadsheet and form
• Complete Surface Waters Form
• Complete Section 404/10 Impact Table
• Complete Checklist for Section 4(f) Exception
• Prepare historic resources PCR and desktop archeological background study (to coordinate with ENV) or prepare a summary memo for coordination directly with
Texas Historical Commission (if determined necessary per WPD coordination)
• Respond to TxDOT comments on above-referenced documents o Assumes one draft and one final submittal of each document
The following studies are not included in the scope of services and are not anticipated to be required for this proposed project:
• Noise study and modeling
• Air quality modeling/analysis
• Community impacts assessment
• Hazardous materials initial site assessment
• Presence/absence surveys for threatened and endangered species
• Water resources delineation report
• U.S. Army Corps of Engineers Permitting
• Archeological survey and historic resources survey
• Public Involvement (Notice and Opportunity to comment, meetings, and hearings)
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ASSUMPTIONS
• A non-reporting NWP is assumed to be sufficient to authorize any waters impacts)
DELIVERABLES
• Work Plan Development Tool forms
• Species Analysis Spreadsheet & Form
• Surface Waters Analysis Form
• Section 404/10 Impact Table (Sycamore only)
• Checklist for Section 4(f) Exception (Sycamore only)
• Historic Resources PCR and Archeological Background Study (or memo) if
determined necessary
TASK 8. BIDDING PHASE SERVICES
ENGINEER will complete the following tasks for the bidding phase of the project.
8.1. Bidding Support
• Prepare the Project Manual, construction specifications, and TxDOT LGPP
documents for project bidding.
• Attend pre-bid meeting and bid opening meeting.
• Assist with bidder questions.
• Prepare bid tabulations for the bids received to check the accuracy. ASSUMPTIONS
• Two (2) meetings are assumed.
DELIVERABLES
• Project Manual
• Bid Tabulation for received bids in PDF and Excel format
TASK 9. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
9.1. Construction Support
• The ENGINEER shall attend the preconstruction conference.
• Visits to Site and Observation of Construction. ENGINEER will make up to sixteen (16) visits as directed by CITY to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work.
Observations will be limited to spot checking, selective measurement, and similar
methods of general observation. Based on information obtained during site visits, ENGINEER will evaluate whether Contractor's work is generally proceeding in
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
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accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work.
ENGINEER will not supervise, direct, or have control over Contractor's work, nor
shall ENGINEER have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. ENGINEER does
not guarantee the performance of any Contractor and has no responsibility for
Contractor's failure to perform its work in accordance with the Contract Documents.
• Clarifications and Interpretations. ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary clarifications and
interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by CITY or TxDOT.
• Shop Drawings and Samples. ENGINEER will review and approve or take other appropriate actions in respect to Shop Drawings and Samples and other data which
Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs.
• Substantial Completion. ENGINEER will, after notice from Contractor that it
considers the Work ready for its intended use, in company with City, TxDOT, and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items except for those identified on a final punch list.
• Final Notice of Acceptability of the Work. ENGINEER will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list.
ASSUMPTIONS
• Sixteen (16) site visits are assumed.
• Twenty (20) submittal reviews are assumed.
• Fifteen (15) RFI’s are assumed.
DELIVERABLES
• Response to Contractor RFIs.
• Shop drawing review letters.
• Final Punch List items.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
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TASK 10. TOPOGRAPHIC SURVEY SERVICES.
ENGINEER will provide survey support as follows.
10.1. Design Survey
• The survey will horizontally and vertically locate visible surface features within the project areas and being more specifically detailed below:
o Cross sections and/or mapping will be collected generally at 50’ intervals and at all breaks in grade, producing 1’ interval contours for a width of ROW to
ROW plus 5-feet.
o Project crossing side streets, alleys, and drainage ways will be surveyed an additional 25’ in each direction beyond the main project swath. Crossing alignments will be surveyed for a width that properly covers each crossing
feature.
o All trees will be tagged in the field. Tag IDs, common name, and approximate trunk size will be noted on the survey.
o Orthorectified imagery, captured using UAV drone technology, will be used to provide an aerial background to the deliverable. Photogrammetry, derived from the orthorectified imagery, will be utilized to capture mapping and
improvements as applicable.
o Terrestrial-based 3D laser scanning will be utilized to capture mapping and improvements as applicable.
o The survey consists of locating and mapping all visible surface utilities;
however, it does not include opening or accessing utility structures to perform
measure-downs.
o Underground public and franchise utilities will be depicted on the survey from surface evidence, record drawings, and by markings placed by Texas811.
o The survey will detail the existing bridge on E. Sycamore. Mapping will be
captured underneath and on the surface of the bridge, including existing
columns, railings, abutments, and other features.
• Right of Entry. The ENGINEER will obtain right-of-entry (ROE) for mapping on this project.
• Texas 811 One Call Coordination. Prior to commencing any topographic
fieldwork, the ENGINEER will submit a utility locate request for the project limits to Texas811 online at www.Texas811.org or by telephone at 811 or 800-344-8377. Marks set by Texas811 will be shown on the survey.
• Private Franchise Utilities. The ENGINEER will locate and tie visible franchise
utilities (gas, telephone/FOC, electric, cable, etc.) and associated appurtenances, including but not limited to: power poles, guy anchors, manholes, meters, valves, test stations, vaults, handholds, pull boxes, pedestals, controllers, etc. If available,
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we will denote size, material type, pressure rating, line voltage, and utility owner as applicable. Visible Texas811 markings will be shown on the survey.
• CITY Public Utilities. The ENGINEER will locate and tie visible public utilities (water, wastewater, storm sewer, and telephone/fiber) and associated appurtenances including but not limited to: manholes, cleanouts, meters, services, isolation valves, blow-off s, fi re hydrants, inlets, junction boxes, headwalls, wingwalls, rip-rap aprons and all other appurtenances.
• Fence and Retaining Walls. The ENGINEER will provide location, height, and material type for fences located within the project limits. The survey will provide the location and material type for retaining walls and provide top and bottom of wall elevations along its length at grade changes.
• Right-of-Way and Property. The survey will locate and tie existing right-of-way, property lines, and easements, including type, size, volume, and page, where applicable. The survey will show lot, block, abstract number, adjacent street names, and property address. City and County boundaries will be shown where applicable.
Property owner and business names will be shown in the survey.
• Roadways, Railways, and Improved Surfaces. Roadways, driveways, alleys, and sidewalks will be located and identified on the survey. Existing width and composition of improved surfaces will be shown on the survey. Existing pavement
markings and signage will be identified on the survey. Traffic signal bases, mast
arms, and control boxes will be shown on the survey. Rails will be shot in the center and at the top of each rail.
• Surface Drainage Features. The ENGINEER will locate and tie top, toe, and flow lines of existing swales, channels, and creeks to the project limits. The survey will
locate headwall and wingwalls and denote number, size, material type, flow line, and top of pipe elevation for culvert conduit(s).
• Trees, Shrubs, Landscaping, and Irrigation: The ENGINEER will locate all trees, shrubs, and landscaping features and provide identification notes accordingly. The
ENGINEER will attempt to provide the tree's common name and caliper as
measured approximately four feet off the ground. Major tree and brush lines will be delineated on the survey. Existing visible irrigation structures and planters will be located on this survey.
10.2 Methods and Precision
• Basis of Control. Local municipal geodetic control, if available, otherwise the Allterra-VRS GPS system will be used to establish the horizontal and vertical values.
• Project Coordinate System. Survey coordinates will be provided in a project
modified State Plane “surface” position. The project scaling point and factor will be labeled and shown in CAD. Basis of control and all other pertinent details will be described in the CAD files and on the control description sheets.
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• Horizontal and Vertical Control Methods. Horizontal and vertical control will be
established using RTK “base and rover” GPS methods. Control will have an
accuracy of +/- 0.04’ at the time of survey.
• Data Collection. RTK GPS and robotic total stations will be used for the majority of the survey. ASSUMPTIONS
• Sycamore Trail survey limits: o Parkway along Railroad Ave. from E. McKinney Ave to E Sycamore St. o Parkway along E Sycamore St. from Railroad Ave. to S Crawford St
o Sidepath along Carl Young Sr. Park from E Sycamore St. to S Ruddell St.
• Newton Rayzor survey limits: o Parkway along Linden Drive from Ector St. to Bryan St. o Parkway along Carlton Street from Aileen St. to Malone St.
o Parkway along Crescent Street from Aileen St. to Fulton St. and from
Carroll Blvd to Bolivar St.
o Parkway along Cordell Street from Ector St. to Malone St. o Parkway along Emery Street from Ector St to existing sidewalk on Emery St. 160’~ after Primrose Ln
o Parkway along Amherst Drive from Parkside Dr. to Hinkle Dr.
o Parkway along Tulane Drive from Fordham Ln to Hinkle Dr.
o Parkway along Greenbriar Street from Malone St. to Hinkle Dr. o Parkway along Auburn Drive from Parkside Dr. to Malone St. o Parkway along Parkside Drive from Auburn Dr. to Amherst Dr.
o Parkway along N Lake Trail from Auburn Dr. to Amherst Dr.
o Parkway along Georgetown Drive from Auburn Dr. to Amherst Dr.
o Parkway along Fordham Lane from Belhaven St. to Amherst Dr. o Parkway along Bowling Green Street from Auburn Dr. to Tulane Dr. o Parkway along Malone Street from Auburn Dr. to Amherst Dr.
o Intersection at Dartmouth Place and Amherst Dr.
o Parkway along Cornell Lane from Tulane Dr. to Amherst Dr.
o Parkway along Hinkle Drive from Amherst Dr. to W University Dr. o Parkway along Primrose Lane from W University Dr. to Emery St. o Parkway along Aileen Street from Linden Dr. to Cordell St.
o Intersection at Gober Street and Linden Dr. DELIVERABLES
• AutoCAD 2024 format Civil 3D CAD files at 1:1 scale (base unit US Survey Foot) containing all pertinent topographic field data.
• PDF copies of project supporting research.
• PDF copies of Texas811 tickets and correspondence.
• Survey base map on 24” x 36” sheets.
• Signed and sealed PDF of the final survey.
• Point file.
• Field sketches and site pictures.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
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TASK 11. GEOTECHNICAL ENGINEERING.
The ENGINEER, through a subconsultant (Geotech Subconsultant), will provide geotechnical
engineering services in support of the proposed bridge replacement along E Sycamore Street.
11.1. Subsurface Exploration
The Geotech Subconsultant anticipates subsurface conditions to consist of soils of the Woodbine formation overlying the Grayson geological formation.
The Geotech Subconsultant will evaluate subsurface conditions with a total of two (2) sample borings extended 30 feet into unweathered gray limestone to estimated depths of 60 to 65 feet below existing grade.
The Geotech Subconsultant will drill the borings using truck-mounted equipment.
Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated using Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field,
check the samples for consistency with a hand penetrometer, carefully wrap them to
preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. The Geotech Subconsultant will stake the boring locations using hand-held GPS
equipment. Approximate locations of the borings will be shown on the plan of borings.
A precise survey of boring locations and elevations is not included. After drilling operations, boreholes will be backfilled with sand and patched at the surface with asphalt.
11.2. Laboratory Services
Considering the planned facilities, anticipated soil conditions, and geology, laboratory tests will be required for classification purposes and to determine strength characteristics. The following types of tests are therefore recommended:
• moisture content and soil identification
• liquid and plastic limit determinations
• percent passing the No. 200 sieve
• sieve and hydrometer analysis
• unconfined compression tests on soil
• unit weight determinations
• absorption pressure and/or one-point pressure swell tests
The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings.
11.3. Engineering Services
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The Geotech Subconsultant will prepare an engineering report to present the results of the field and laboratory data, together with our analyses of the results and
recommendations. We will provide two copies of the report and an electronic copy.
The report will address:
• general soil and groundwater conditions
• recommendations for bridge foundation type, depth and allowable loading
including LPile parameters
• minimum penetration of piers to resist uplift (if required)
• foundation construction requirements
• recommended lateral pressures for the design of bridge abutment retaining
structures
• earthwork recommendations
Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as
Additional Services. Additional Services are described in Section II.
TASK 12. TDLR PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits usually required for a project of this size and type, as follows
12.1. Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project.
• The ENGINEER is responsible for providing plans that follow TDLR
requirements.
• Submit construction documents to a Registered Accessibility Specialist (RAS).
• Completing all TDLR forms/applications necessary.
• Obtain the Notice of Substantial Compliance from the RAS.
• Request an inspection from a RAS no later than 30 calendar days after construction's substantial completion. Advise the CITY in writing of the results of the inspection.
• All costs associated with TDLR Plan review and inspections are to be paid by the ENGINEER during the project.
ASSUMPTIONS
• Permit preparation will begin after approval of the Final Design.
• One (1) on-site meeting for the final TDLR inspection is assumed.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
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DELIVERABLES
A. Copies of Permit Applications
B. Copies of Approved Permits
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services – CITY and ENGINEER
agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY’s written request. Any additional amounts paid to the ENGINEER because of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed.
These additional services include the following:
• Sub-surface Utility Engineering (SUE)
• Additional roadway design and drainage design beyond the scope included above.
• Preparation of ROW and easement documents
• Negotiation of easements and/or property acquisition services.
• Services related to the development of the CITY’s project financing and/or budget.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as requested by the CITY.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
ATTACHMENT BCOMPENSATION FOR
SYCAMORE TRAIL AND NEWTON RAYZOR SRTS TRANSPORTATION ALTERNATIVES (TA) PROJECT
City of Denton, Texas
Attachment B
Page 1 of 1
ATTACHMENT "B"
Compensation for Engineering Design Related Services for:
Sycamore Trail and Newton Rayzor SRTSTransportation Alternatives (TA) Improvements
Total compensation for the ENGINEER contemplated under the terms of this agreement shall bea lump sum total not to exceed $1,189,900 for all services, including reimbursable expenses.
The CITY shall compensate the ENGINEER as follows:
The total compensation for Tasks 1 – 12 shall be on a lump sum basis and not to exceed$1,189,900.
Progress payments shall be paid monthly based on the actual work satisfactorily completed per
month.
·Task 1 – Design Management $ 67,600
·Task 2 – Conceptual Design (30% PS&E) $ 250,100
·Task 3 – Preliminary Design (60% PS&E) $ 208,400
·Task 4 – Final Design (90% PS&E, 95% PS&E, and 100% PS&E) $ 170,500
·Task 5 – Bridge Design $ 99,000
·Task 6 – Drainage Design $ 54,500
·Task 7 – Environmental Clearance Services $ 67,000
·Task 8 – Bidding Phase Services $ 6,300
·Task 9 – Construction Phase Services $ 71,900
·Task 10 – Topographic Survey Services $ 166,100
·Task 11 – Geotechnical Services $ 21,900
·Task 12 – TDLR Permitting $ 6,600
Sub-total: $ 1,189,900
Grand Total $1,189,900
The total fee breakdown by project is as follows:
·Sycamore Trail: $578,400
·Newton Rayzor SRTS: $611,500
The ENGINEER will not exceed the total maximum fee shown without authorization from the
CITY. Individual task amounts are provided for budgeting purposes only.
All permitting, application, and similar project fees will be paid directly by the CITY.
Payment will be due within 30 days of your receipt of the invoice and should include the invoice
number and the ENGINEER project number.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
City of Denton, Texas
Page 1 of 1
ATTACHMENT “C”
PROJECT SCHEDULE
Design Services for
Sycamore Trail and Newton Rayzor SRTS
Transportation Alternatives (TA) Improvements
The ENGINEER will coordinate with the CITY to develop an acceptable schedule during the
project kick-off meeting.
Docusign Envelope ID: DF2E0C6C-4F19-4655-A921-C89E06C2F999
Certificate Of Completion
Envelope Id: DF2E0C6C-4F19-4655-A921-C89E06C2F999 Status: Completed
Subject: Please DocuSign: City Council Contract 8377-010 NCTCOG TA Grant Design
Source Envelope:
Document Pages: 40 Signatures: 5 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: 198.49.140.104
Record Tracking
Status: Original
9/11/2025 11:43:30 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: 198.49.140.104
Sent: 9/11/2025 12:03:41 PM
Viewed: 9/11/2025 12:03:55 PM
Signed: 9/11/2025 12:04:17 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: 9/11/2025 12:04:18 PM
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Signed: 9/11/2025 12:52:35 PM
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Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
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(None)
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Using IP Address: 198.49.140.10
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Scott Arnold
Scott.Arnold@kimley-horn.com
Vice President
Kimley-Horn and Associates, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 130.41.212.55
Sent: 9/12/2025 11:47:52 AM
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Signed: 9/15/2025 1:33:10 PM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Signer Events Signature Timestamp
Scott McDonald
Scott.mcdonald@cityofdenton.com
Director
Security Level: Email, Account Authentication
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Sent: 9/15/2025 1:33:12 PM
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Electronic Record and Signature Disclosure:
Accepted: 9/15/2025 1:33:42 PM
ID: 81cbf323-29bd-4c98-aa56-0b0a8e75e565
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
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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: 2600:387:15:4d11::8
Signed using mobile
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Ingrid Rex
ingrid.rex@cityofdenton.com
Deputy City Secretary
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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: 9/11/2025 12:04:18 PM
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
citysecretary@cityofdenton.com
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Charlie Rosendahl
Charlie.rosendahl@cityofdenton.com
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Electronic Record and Signature Disclosure:
Accepted: 10/10/2025 8:25:23 AM
ID: b60e4a78-f6e6-4091-b113-8969574fff6e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/11/2025 12:03:41 PM
Envelope Updated Security Checked 9/12/2025 1:18:43 PM
Certified Delivered Security Checked 10/15/2025 10:45:16 AM
Signing Complete Security Checked 10/15/2025 10:58:45 AM
Completed Security Checked 10/15/2025 10:58:50 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: Scott Arnold, Scott McDonald, Charlie Rosendahl
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.