HomeMy WebLinkAbout8377-018 - Contract Executed
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8377-018 Mckinney Sidewalk (Elm to Bolivar St) Design
Cori Power
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 18
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Kimley-Horn and Associates, Inc. , with its corporate office at 421
Fayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: McKinney Sidewalk
Improvements (Elm to Bolivar St) (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 $99,500.00 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
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.
A. 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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B. 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.
C. 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.
D. 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.
E. 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.
F. 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
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construction contractor that affect the amount that should be paid.
G. 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.
J. INSURANCE
During the performance of the services under this Agreement, ENGINEER shall
maintain insurance in compliance with the requirements of Attachment D which is
attached hereto and made a part of this Agreement as if written word for word herein.
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K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment C to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall not engage in any discriminatory employment practice. No person shall,
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on the grounds of race, sex, sexual orientation, age, disability, creed, color,
genetic testing, or national origin, be refused the benefits of, or be otherwise
subjected to discrimination under any activities resulting from this
AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment C.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
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services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
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(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
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IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, ENGINEER UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE
ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
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perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
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
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companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
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
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 14 of 18
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
Attachment B – Compensation
Attachment C – Project Schedule
Attachment D – Insurance Requirements
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
ENGINEER
Kimley-Horn and Associates, Inc.
Authorized Agent, Title
Full Name: ________________________
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Vice President
Scott Arnold
4/15/2026
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 18
BY:
CITY OF DENTON, TEXAS
Authorized Agent, Title
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: ______________________________
THIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
___________________________
SIGNATURE
___________________________
TITLE
___________________________
DEPARTMENT
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Director of Capital Projects
Capital Projects
Purchasing Supervisor
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 1 of 11
ATTACHMENT “A”
Scope of Services and Fee for Engineering Design Related Services for:
McKinney Street Sidewalk 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 to address the Project's needs.
OBJECTIVE
The objective of this project is to design sidewalks at the following locations
·Approximately 450 linear feet of 5’ wide sidewalk along the north side of W. McKinney
Street from N Elm Street to Bolivar Street.
·Approximately 1,100 linear feet of 5’ wide sidewalk along the south side of E.
McKinney Street from Frame Street to Bradshaw Street.
Work under this agreement consists of project management, preliminary and final design, bid
phase services, construction phase services, and topographic survey. The work also includes
assisting CITY with construction task order package utilizing CITY’s on-call contractor.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Preliminary Design (60%)
Task 3. Final Design (90% and 100%)
Task 4. Bidding Phase Services
Task 5. Construction Phase Services
Task 6. Topographic Survey
Task 7. Geotechnical Engineering
Task 8. Subsurface Utility Engineering (SUE)
Task 9. 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
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 the
performance of the work.
·Communicate internally among team members
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Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 2 of 11
·Task and allocate team resources
1.2.Communications and Reporting:
·Attend a pre-design project kickoff/charter meeting with CITY 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 the CITY’s Project
Manager and CITY staff.
·Conduct review meetings with the CITY at the end of each design phase.
·Conduct QC/QA reviews and document those activities.
·Prepare invoices and submit 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 as necessary.
·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.
·Six (6) monthly project update meetings during the design phase.
·Two (2) plan review meetings.
·Project design phase is estimated to be six (6) months.
·Project construction phase is estimated to be six (6) months.
·Twelve (12) monthly updates of project status reports and project schedule.
DELIVERABLES
·Meeting summaries with action items
·Baseline design schedule
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Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 3 of 11
·Schedule updates with a schedule narrative describing any current or anticipated
schedule changes
·Monthly project status reports
·Monthly invoices
TASK 2. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
2.1.Data Collection
·In addition to data obtained from the CITY, the 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 obtain data on
existing conditions that may impact the project, including 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 above and underground utilities, and other facilities (current and
future) that have an impact or influence on the project.
2.2.Utility Clearance
·The ENGINEER will develop the design of the 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.
·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. [the following are examples
of activities that ENGINEER may expand upon – be sure to track changes.]
2.3.The Preliminary Design Drawings and Specifications shall include the following:
·Preliminary cover and index of sheets including project limits, area location map
and beginning and end station limits.
·Quantity Summary page.
·Traffic Control Plan, including all construction signage and pavement markings,
which will be in accordance with the latest edition of the Texas Manual on Uniform
Traffic Control Devices.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 4 of 11
·A 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 coordinate on City Datum only;
descriptive location.
·Updated existing and proposed typical section sheets.
·Updated sidewalk plan sheets displaying station and coordinate data for all
horizontal alignment P.C.’s, P.T.’s, P.I.’s.
·No less than two bench marks plan sheet.
·Bearings given on all proposed centerlines or baselines.
·Sidewalk layout sheets showing ROW lines, horizontal alignments, utilities,
curbs, sidewalks, driveways, and existing and proposed contours (0.25’ intervals).
·Preliminary pre-cast pedestrian bridge plan and profile, details and notes,
abutments and foundations.
·Documentation of key design decisions.
·OPCC.
2.4.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 them in writing to the CITY.
ASSUMPTIONS
·Three (3) sets of 11”x17” size plans will be delivered to CITY and TxDOT for the
60% design for review coordination.
·ENGINEER shall not proceed with Final Design activities without written
approval by the CITY of the Preliminary Design plans.
·The prefabricated pedestrian bridge manufacturer will provide sealed structural
calculations and drawings for the truss bridge. The prefabricated bridge is
assumed to be 8’ wide by 70’ in length.
DELIVERABLES
·Preliminary Design drawings.
·OPCC.
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Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 5 of 11
TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION
DOCUMENTS (100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
·Final draft construction plans (90%), including specifications, shall be submitted
to CITY per the approved Project Schedule.
·Following a 90% construction plan review meeting with the CITY, the
ENGINEER shall submit Final Plans (100%) to the CITY per the approved
Project Schedule. Each plan sheet shall be stamped, dated, and signed by the
ENGINEER registered in the State of Texas.
·A Quantity Summary page will be included in both the 90% and 100% design
packages. Each design sheet of those packages shall include a quantity take off
table.
·The ENGINEER shall submit an OPCC with both the 90% and 100% design
packages. This estimate shall use standard TxDOT bid items.
ASSUMPTIONS
·Three (3) sets of 11”x17” size drawings will be delivered for the 90% Design
package.
·Three (3) sets of 11”x17” size drawings will be delivered for the 100% Design
package.
DELIVERABLES
·90% construction plans.
·100% construction plans and applicable letting forms and documents.
·Detailed OPCC including summaries of bid items and quantities.
·Original 11”x17” size cover mylar for the signatures of authorized CITY officials.
TASK 4. BIDDING PHASE SERVICES
ENGINEER will complete the following tasks for the bidding phase of the project. CITY
will utilize existing paving unit price contractor for the construction of this project.
4.1.Bidding Support
·ENGINEER will prepare a construction task order for this project by utilizing
CITY’s existing on-call paving contractor.
·ENGINEER will prepare a change order to add new bid items to the existing on-
call contractor if necessary.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 6 of 11
TASK 5. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
5.1.Construction Support
·The ENGINEER shall attend the preconstruction conference.
·Visits to the Site and Observation of Construction. ENGINEER will make up to
ten (10) visits as directed by CITY to observe the progress of the work. Such
observations will not be exhaustive or extend to every aspect of the 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, the ENGINEER will evaluate whether the Contractor's work is
generally proceeding in accordance with the Contract Documents and will keep
the CITY informed of the work's general progress.
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.
·Shop Drawings and Samples. The ENGINEER will review and approve, or take
other appropriate action with respect to, Shop Drawings, Samples, and other data
that the Contractor is required to submit, but only for conformance with the
information provided in the Contract Documents. Such review and approvals, or
other actions, will not extend to means, methods, techniques, equipment selection
and use, 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 upon satisfactory completion of
all items, except those identified on the 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.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 7 of 11
ASSUMPTIONS
·Two (2) site visits are assumed.
·Two (2) submittal reviews are assumed.
·Two (2) RFI’s are assumed.
DELIVERABLES
·Response to Contractor’s Request for Information
·Review of shop drawings
·Final Punch List items
TASK 6. TOPOGRAPHIC SURVEY SERVICES.
ENGINEER will provide survey support as follows.
6.1.Design Survey
·The ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by the ENGINEER in the design and
preparation of plans for the project. Information gathered during the survey shall
include topographic data; elevations of all sanitary and adjacent storm sewers;
rim/invert elevations; locations of buried utilities, structures, and trees (measure
caliper, identify overall canopy, and identify tree species); and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys. Spot elevations will be shown on intersection layouts, with cross
slopes to match intersecting grade lines.
·The minimum survey information to be provided on the plans shall include the
following:
-A 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 about each Control Point;
a.Identified (Existing. City Monument #8901, PK Nail, 5/8” Iron Rod)
b.X, Y, and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinates on City Datum only.
c.Descriptive Location.
-Coordinates on all P.C.’s, P.T.’s, P.I.’s, Manholes, Valves, etc., in the
same coordinate system as the Control.
-No less than two horizontal bench marks, per line or location.
-Bearings given on all proposed centerlines, or baselines.
-Station equations relating utilities to paving, when appropriate.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 8 of 11
6.2.Temporary Right of Entry Preparation and Submittal
·Prior to entering the property, the ENGINEER shall prepare, mail, and obtain
Temporary Right of Entry from landowners.
ASSUMPTIONS
·Survey limits are on the north side of McKinney Street, from Elm Street to
Bolivar Street.
DELIVERABLES
·Drawing of the project layout with dimensions and a coordinate list.
TASK 7. GEOTECHNICAL ENGINEERING.
The ENGINEER, utilizing a geotechnical engineering subconsultant, will provide the
following geotechnical engineering tasks.
8.1.Subsurface Exploration
Drillers and technicians will evaluate subsurface conditions in accordance with the
following field program.
·Pedestrian Bridge and Abutment Retaining Walls – Two (2) borings drilled to
depths of 40 to 45 feet, planned to extend at least 15 feet into unweathered gray
sandy shale or cemented sand.
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, the rock (shale) 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 subconsultant will stake the boring locations using handheld GPS equipment.
Approximate locations of the borings will be shown on the plan. Precise surveying of
boring locations and elevations is not included in the cost estimate. These services
may be provided as Additional Services upon request. At the completion of drilling
operations, boreholes will be backfilled with drill cuttings and plugged at the surface
by hand tamping.
8.2.Laboratory Services
Given the planned facilities, anticipated soil conditions, and geology, laboratory tests
will be required to classify the soils and determine their strength characteristics. The
following types of tests are therefore recommended:
·moisture content and soil identification
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 9 of 11
·liquid and plastic limit determinations
·percent passing the No. 200 sieve
·sieve and hydrometer particle size analyses
·unconfined compression tests on soil
·direct shear tests on soils (optional)
·unit weight determinations
·free swell tests
The specific types and quantities of tests will be determined based on geologic
conditions encountered in the borings.
8.3.Engineering Services
An engineering report will be prepared to present the results of field and laboratory
data, along with our analyses and recommendations. The subconsultant will provide
two hard copies and an electronic copy. The report will address:
·general soil and groundwater conditions
·recommendations for foundation type, depth, and allowable loading for pedestrian
bridge
·minimum penetration of piers to resist uplift (if required)
·Lpile design parameters
·foundation construction requirements
·recommended lateral pressures for the design of abutment retaining structures
·global slope stability analyses at proposed bridge abutment retaining walls
(optional)
·recommendations for tiebacks, including founding material, allowable adhesion,
and spacing (optional and if required)
·an evaluation of the swell characteristics of the subgrade soils
·earthwork recommendations
ASSUMPTIONS
·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.
DELIVERABLES
A.Geotechnical report
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Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 10 of 11
TASK 8. SUBSURFACE UTILITY ENGINEERING (SUE).
The ENGINEER, utilizing a Subsurface Utility Engineering (SUE) subconsultant, will
provide SUE services as below. the Level B and Level A SUE in the location of proposed
pedestrian bridge to support foundation design for the prefabricated pedestrian bridge.
8.1.Level B and Level A SUE
·Level B SUE will be collected in the location of proposed pedestrian bridge to
support foundation design for the prefabricated pedestrian bridge.
·Level A test holes will be provided as necessary if the conflict with known
utilities from Level B is anticipated.
ASSUMPTIONS
·Up to four (4) Level A test holes are included.
·DELIVERABLES
A.Drawing of the project layout with dimensions and coordinate list.
B.SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
TASK 9. TDLR PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows
9.1.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.
·ENGINEER is responsible for providing plans that are in compliance with TDLR
requirements.
·Submit construction documents to the TDLR.
·Completing all TDLR forms/applications necessary.
·Obtain the Notice of Substantial Compliance from the TDLR.
·Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction's
substantial completion. Advise the CITY in writing of the inspection results.
·Responding to agency comments and requests.
·All costs associated with TDLR plan review and inspections are to be paid by the
ENGINEER during the course of the project.
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Attachment aDESIGN SERVICES FOR
McKinney Street Sidewalk Improvements
Page 11 of 11
ASSUMPTIONS
·Permit preparation will begin after approval of the Final Design.
·One (1) on-site meeting for the final TDLR inspection is assumed.
DELIVERABLES
B.Copies of Permit Applications
C.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 as a result 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) beyond the scope included.
·Roadway design and drainage design
·Preparation of ROW and easement documents
·Negotiation of easements or property acquisition.
·Services related to the development of the CITY’s project financing and/or budget.
·Construction management and inspection 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: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
ATTACHMENT BCOMPENSATION FOR
MCKINNEY STREET SIDEWALK IMPROVEMENTS
City of Denton, Texas
Attachment B
Page 1 of 1
ATTACHMENT "B"
Compensation for Engineering Related Professional Services for:
MCKINNEY STREET SIDEWALK IMPROVEMENTS
Total compensation for the ENGINEER contemplated under the terms of this agreement shall be a
lump sum total not to exceed $99,500 for all services, including reimbursable expenses. The CITY
shall compensate the ENGINEER as follows:
The total compensation for Tasks 1 through 8 shall be on a lump sum basis and shall not exceed
$99,500.
Progress payments shall be paid monthly based on the actual work satisfactorily completed per
month.
·Task 1 – Design Management $ 8,500
·Task 2 – Preliminary Design (60%) $ 38,500
·Task 3 – Final Design (90% and 100%) $ 18,500
·Task 4 – Bidding Phase Services $ 1,500
·Task 5 – Construction Phase Services $ 3,500
·Task 6 – Topographic Survey $ 5,000
·Task 7 – Geotechnical Engineering $ 10,000
·Task 8 – Subsurface Utility Engineering (SUE) $ 11,500
·Task 9 – TDLR Permitting $ 2,500
Grand Total $ 99,500
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 is due within 30 days of invoice receipt and should include the invoice number and the
ENGINEER project number.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
TASK START
DATE
END
DATE
Project Initiation
Design Notice to Proceed Apr-26 Apr-26
Design
Data Collection/Survey Apr-26 May-26
60% Submittal May-26 Jun-26
City Review Jun-26 Jul-26
90% Submittal Jul-26 Jul-26
City Review Jul-26 Aug-26
Final Design Submittal Aug-26 Aug-26
Bidding
Construction Task Order Submittal Aug-26 Sep-26
Contractor Notice to Proceed Sep-26 Nov-26
Construction
Construction Nov-26 May-27
Attachment "C"
McKinney Street Sidewalk Improvements
Kimley-Horn and Associates, Inc.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 18
Attachment D
INSURANCE REQUIREMENTS
Respondent’s attention is directed to the insurance requirements below. It is highly
recommended that respondents confer with their respective insurance carriers or
brokers to determine in advance of Proposal/Bid submission the availability of
insurance certificates and endorsements as prescribed and provided herein. If an
apparent low respondent fails to comply strictly with the insurance requirements, that
respondent may be disqualified from award of the contract. Upon contract award, all
insurance requirements shall become contractual obligations, which the successful
ENGINEER shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the ENGINEER, the
ENGINEER shall provide and maintain until the contracted work has been
completed and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
As soon as practicable after notification of contract award, ENGINEER shall file
with the Purchasing Department satisfactory certificates of insurance including
any applicable addendum or endorsements, containing the contract number and
title of the project. ENGINEER may, upon written request to the Purchasing
Department, ask for clarification of any insurance requirements at any time;
however, ENGINEERS are strongly advised to make such requests prior to
proposal/bid opening, since the insurance requirements may not be modified or
waived after proposal/bid opening unless a written exception has been
submitted with the proposal/bid. ENGINEER shall not commence any work or
deliver any material until he or she receives notification that the contract has
been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these
requirements shall comply with the following general specifications, and shall
be maintained in compliance with these general specifications throughout the
duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating of at least A- or better.
• Any deductibles or self-insured retentions shall be declared in the proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees,
and volunteers; or, the ENGINEER shall procure a bond guaranteeing payment
of losses and related investigations, claim administration and defense
expenses.
• Liability policies shall be endorsed to provide the following:
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 18
o Name as Additional Insured the City of Denton, its Officials, Agents,
Employees, and volunteers.
o That such insurance is primary to any other insurance available to the
Additional Insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one insured
shall not operate to increase the insurer's limit of liability.
o Provide a Waiver of Subrogation in favor of the City of Denton, its
officials, agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
• Should any of the required insurance be provided under a claims made form,
ENGINEER shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
ENGINEER shall either double the occurrence limits or obtain Owners and
ENGINEERs Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance including, but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent ENGINEERs, and Contractual Liability with minimum
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 18
combined bodily injury (including death) and property damage limits of
$1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
B. PROFESSIONAL LIABILITY INSURANCE
If ENGINEER is a licensed or certified person who renders professional
services, then Professional Liability Insurance to provide coverage against
any claim which the ENGINEER becomes legally obligated to pay as
damages arising out of the performance of professional services caused by
any negligent error, omission or act with minimum limits of $1,000,000.00
per claim, $2,000,000.00 annual aggregate.
SUBCONTRACTING LIABILITY
(1) Without limiting any of the other obligations or liabilities of the ENGINEER, the
ENGINEER shall require each SubENGINEER performing work under the contract,
at the SubENGINEER's own expense, to maintain during the engagement with the
CITY, types and limits of insurance that are appropriate for the services/work
being performed, comply with all applicable laws and are consistent with industry
standards. The SubENGINEER’s liability insurance shall name ENGINEER as an
additional insured.
(2) ENGINEER shall obtain and monitor the certificates of insurance from each
SubENGINEER. ENGINEER must retain the certificates of insurance for the
duration of the contract and shall have the responsibility of enforcing insurance
requirements among its subENGINEERs. The CITY shall be entitled, upon request
and without expense, to receive copies of these certificates.
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Docusign Envelope ID: 022AF6C6-E495-496A-B6B6-C02B15B2F06F
Attachment CIQ
Kimley-Horn and Associates, Inc.
X
n/a
4/15/2026
Certificate Of Completion
Envelope Id: 022AF6C6-E495-496A-B6B6-C02B15B2F06F Status: Completed
Subject: ***Purchasing Approval*** 8377-018 Mckinney Sidewalk (elm to Bolivar St) Design
Source Envelope:
Document Pages: 33 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/13/2026 3:56:29 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/13/2026 4:02:31 PM
Viewed: 4/13/2026 4:02:46 PM
Signed: 4/13/2026 4:02:53 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/13/2026 4:02:55 PM
Viewed: 4/13/2026 4:39:09 PM
Signed: 4/13/2026 4:39:40 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Leah Bush
leah.bush@cityofdenton.com
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 4/13/2026 4:39:41 PM
Viewed: 4/15/2026 10:13:36 AM
Signed: 4/15/2026 10:19:17 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
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: 4/15/2026 10:19:19 AM
Viewed: 4/15/2026 10:57:21 AM
Signed: 4/15/2026 10:58:29 AM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Signer Events Signature Timestamp
Seth Garcia
Seth.Garcia@cityofdenton.com
Director of Capital Projects
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/15/2026 10:58:32 AM
Viewed: 4/15/2026 11:54:25 AM
Signed: 4/15/2026 12:05:01 PM
Electronic Record and Signature Disclosure:
Accepted: 4/15/2026 11:54:25 AM
ID: a4513f10-e57d-43dc-b2bb-f619c09848a2
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/15/2026 12:05:03 PM
Viewed: 4/15/2026 2:40:46 PM
Signed: 4/15/2026 2:40:54 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/15/2026 2:40:56 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Zoro Gomez
zoro.gomez@cityofdenton.com
Construction
Security Level: Email, Account Authentication
(None)
Sent: 4/15/2026 2:40:57 PM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2026 2:30:28 PM
ID: d2003aad-faf1-417a-845d-6fd51c27fa11
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/13/2026 4:02:31 PM
Certified Delivered Security Checked 4/15/2026 2:40:46 PM
Signing Complete Security Checked 4/15/2026 2:40:54 PM
Completed Security Checked 4/15/2026 2:40:57 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Seth Garcia, Zoro Gomez
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.