HomeMy WebLinkAbout8377-016 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Pecan Creek Storm Water Master Plan
Update
PSA
Not Applicable
8377-016
Gabby Leeper
MAY 19, 2026
N/A
26-0717
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Halff Associates, Inc., with its corporate office at 2380 Performance Drive, Bldg. C, Suite 150, Richardson, TX 75082 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Pecan Creek Storm Water Master
Plan update (the "PROJECT").
SECTION 1 Scope of Services
A.The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Attachment A. These services shall be performed in connectionwith the PROJECT.
B.Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by ENGINEER or its consultants, subcontractors and/orsuppliers that has not been ordered in advance and in writing. It is specificallyagreed 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 $1,057,370 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A.
B.Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3 Terms of Payment
Payments to the ENGINEER will be made as follows:
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 2 of 19
A.Invoice and Payment
(1)The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2)The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. 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 anybalance for the uncontested performance of the services will be due within 30days of receipt of the final invoice.
(4)In the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITYwill exercise reasonableness in contesting any bill or portion thereof. No interestwill 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 ingood faith within 60 days of the amount due, the ENGINEER may, after giving 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid 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 engineerspracticing in the same or similar locality and under the same or similarcircumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 3 of 19
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 beperformed hereunder. The ENGINEER shall also advise the CITY concerningthe results of same. Such surveys, tests, and investigations shall be furnishedby the CITY, unless otherwise specified in Attachment A.
(2)In soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points andsample 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. Theseconditions and cost/execution effects are not the responsibility of theENGINEER.
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 orits personnel in any way responsible for those duties that belong to the CITYand/or the CITY's construction contractors or other entities, and do not relievethe 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 andcompleting all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required bysuch 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 inAttachment 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, ifthe work on the PROJECT is being performed in a manner indicating that the
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 19
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 inthe Scope of Services, the ENGINEER shall be entitled to rely upon suchcertification to establish materials, systems or equipment and performancecriteria 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 currentavailable 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 orprice 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 bythird parties; quality, type, management, or direction of operating personnel; andother economic and operational factors that may materially affect the ultimatePROJECT 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, orestimates.
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.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 19
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 afterfinal 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 workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate 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 agreementshereunder 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 anydirectly pertinent books, documents, papers and records of such subconsultant,involving transactions to the subcontract, and further, that the CITY shall haveaccess 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 intendedaudits.
(3)ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as ofthe 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 C which is attached hereto and made a part of this Agreement as if written word for word herein.
K.Independent Consultant
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 6 of 19
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 mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor 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 not engage in any discriminatory employment practice. No person shall,on the grounds of race, sex, sexual orientation, age, disability, creed, color,
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 19
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 andENGINEER’s agents shall not engage in any discriminatory employmentpractice 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.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 19
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 containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration 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, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofENGINEER’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 orperson 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 rightthe CITY has to bring a claim against ENGINEER.
I.CITY's Insurance
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 9 of 19
(1)The CITY may maintain property insurance on certain pre-existing structuresassociated 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 thepolicy 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.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 19
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 failssubstantially 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 todiligently 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, specificationsor other forms of ENGINEER'S work product;
b.Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services;
c.The time requirements for the ENGINEER'S personnel to document thework 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 theCITY an itemized statement of all termination expenses. The CITY'S approvalwill 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
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 11 of 19
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G.Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H.Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I.Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J.Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K.Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
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
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 12 of 19
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 EnergyCompanies
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
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 13 of 19
under this provision will be considered a material breach.
O.Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand 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 discriminateduring the term of the contract against a firearm entity or firearm tradeassociation. 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 CertainForeign-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 ENGINEER shall render the Contract voidable by the City. The ENGINEER shall complete and submit the City’s
Conflict of Interest Questionnaire.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 14 of 19
R.Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the ENGINEER 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.
ENGINEER 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 State3.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 12956.Email the form to purchasing@cityofdenton.com with the contract number in thesubject 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, Project Schedule
Attachment B - Compensation
Attachment C - Insurance
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.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 19
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 Halff Associates, Inc.
Authorized Agent, Title
Full Name: ________________________
TEXAS ETHICS COMMISSION CERTIFICATE NUMBER
BY: CITY OF DENTON, TEXAS
Cassey Ogden, Interim City Manager
ATTEST: INGRID REX, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY
BY: ______________________________
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Scott Rushing
Vice President
05/19/2026
2026-1435404
KRISTI FOGLE, INTERIM CITY SECRETARY
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 19
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.
___________________________ SIGNATURE
___________________________ TITLE
___________________________
DEPARTMENT
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
General Manager
Water Utilities and Street Operations.
1
ATTACHMENT “A”
City of Denton
Pecan Creek Stormwater Master Plan
SCOPE OF SERVICES
General Description
The City has initiated the development of a comprehensive Stormwater Master Plan (SWMP) for the
Pecan Creek watershed. The Pecan Creek watershed covers a large portion of the City of Denton
spanning from the northwestern City limits to the southeastern City limits. This SWMP will serve as
a blueprint for guiding future investment, prioritizing resources, and enhancing the resilience of the
community's stormwater infrastructure. With emphasis on mitigating flood hazards, rehabilitating
aging infrastructure, ensuring regulatory compliance, managing erosion and sedimentation, and
supporting ongoing development and routine maintenance activities, the SWMP will identify both
immediate and long-term needs.
The intent of this project is to evaluate current conditions and establish a proactive framework for
balancing the repair of aging stormwater systems with the implementation of targeted
improvements designed to reduce flood risk and support sustainable growth. Through a data-
driven and stakeholder-informed approach, the City plans to develop actionable
recommendations to strengthen stormwater management and safeguard the health and safety of
residents across the Pecan Creek watershed.
Basic Services (Lump Sum)
TASK 1: PROJECT ADMINISTRATION
1.Kickoff Meeting: The Consultant will conduct a kickoff meeting with the City (in-person).
The Consultant will prepare a meeting agenda as well as meeting minutes.
2.Project Status Meetings: The Consultant will meet as needed with the City to discuss
project status and coordinate conceptual alternative development. Consultant
attendance will be limited to project staff needed to facilitate the meeting and provide
relevant input. This scope assumes up to nine (9) virtual meetings and nine (9) in-
person meetings.
3.Monthly Reports and Invoicing: The Consultant will submit monthly invoices as the work
progresses. Each invoice will be accompanied by a brief update of work completed for
the period covered and required grant documentation.
4.Project Schedule: The Consultant will prepare a detailed project schedule indicating
tasks, critical dates, milestones, deliverables, and review requirements. The
Consultant will review the project schedule during the bi-weekly coordination meetings
and update the schedule, if required, for recovery.
5.Quality Assurance/Quality Control (QA/QC): The Consultant will prepare, implement,
and document a formal QA/QC plan. Each submittal will include a QAQC checklist
signed by designated QAQC personnel.
6.Team Coordination: The Consultant will provide role and assignment definitions of the
project team at the kick-off meeting. The Consultant will notify the City if key roles and
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
2
assignments change on the project team. The Consultant will manage the project team
throughout the project.
TASK 2: DATA COLLECTION
Existing Information - Assumed Available
1.Obtain and utilize 2020 Denton County Lidar data. Develop terrain for the Pecan Creek
watershed.
2.Obtain “as-built” record drawings from City for improved channels and bridge/culvert
crossings. Obtain record drawings from City for existing storm drain systems, as
needed, for conceptual alternatives analysis. Halff will review the provided as-built data
and determine where survey will be needed to inform data gaps.
3.Obtain “as-built” plans for water and sewer infrastructure that cross channels,
bridges/culverts, and storm drains.
4.Obtain subsurface utility GIS shapefiles from the City.
5.Obtain available zoning maps, land use maps, soils data and thoroughfare plans in the
project area from the City, NCTCOG, NRCS and others. Note: This scope assumes
existing and future land use or zoning maps are available from the City and NCTCOG to
be used as a base in preparing the hydrologic land use maps.
6.Collect applicable past studies and reports (including LOMRs), drainage concerns,
flood insurance records, records of street closures or rescues, and related flooding
data from the City.
7.Collect existing hydrologic or hydraulic models – HEC-HMS, HEC-RAS, ICM or other
available models (obtained from City of Denton or FEMA Current Effective models).
8.Obtain bid tabs from recent City projects to assist conceptual cost estimation.
9.Collect any technical data on proposed projects and/or roadway improvements within
the project area.
TASK 3: CONDITION ASSESSMENT PROGRAM DEVELOPMENT
This task will provide the City with a program framework for storm drain condition assessment and
rehabilitation as well as for open-channel condition assessment and rehabilitation.
Program Goals and Framework
1.Level of Service Goals: A defined set of goals for the target level of service (LOS) is
important to establish priorities and direction for an effective asset management
program. The Consultant will define LOS goals focused on, but not limited to,
prioritization, condition assessment, corrective action and data flow updates for both
storm drains and open channels through collaboration with City staff. As part of this
exercise, the Consultant will work with City staff to establish key performance
indicators (KPIs) that will allow the City to track the program’s annual progress for each
LOS goal with data generated through the program.
2.Program Framework: A defined program framework is essential to successful
management of storm drain assets. The Consultant will define a simple and effective
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
3
program framework through collaboration with City staff. The program framework will
establish the key resources (internal and external) needed to operate the program, roles
and responsibilities, and the desired flow of data to meet the annual level of service
goals.
Storm Drain Data Evaluation
1.Business Risk Exposure Prioritization: The Consultant will develop a business risk
exposure (BRE) prioritization for all storm drains1 (~255K LF) located within the Pecan
Creek watershed. A BRE analysis quantifies and ranks the relative risk associated with
asset failure, and it includes measurable factors that represent public and utility safety,
asset condition, and system operations and maintenance. The BRE framework will
serve as a data-driven tool to help City staff prioritize near-term inspection efforts and
to direct repair resources towards storm drains that are essential to maintain a high
LOS.
2.Near-Term Sustainability Plan: The Consultant will prepare a near-term sustainability
plan (NTSP) with annual budgeting recommendations to guide renewal planning efforts
for the City’s storm drains in the Pecan Creek watershed. The results will guide a
strategic investment to renew the storm drains for enhanced safety, level of service,
and resiliency. The NTSP forecasts the pace and magnitude of near-term (10 to 20-year)
investment needed to sustain the City’s storm drain assets into the future. The NTSP
will forecast the level of asset rehabilitation or replacement required to maintain
standards of customer service and system performance over the coming decades. The
NTSP will provide results to aid communication with Council and other stakeholders
the value of the existing infrastructure assets and the renewal investment required to
sustain those assets in the long-term.
3.Standard Defect Scoring Methodology: A standard scoring methodology for storm drain
defects will allow the City to efficiently apply methodologies and codes (NASSCO
PACP2 or similar) commonly used in mainstream CCTV inspection software and data
deliverables. The Consultant will prepare a PACP-based scoring methodology that uses
both severity and density/incidence of storm drain defects to apply a simple score
(scale of 1 to 10) for each storm drain pipe segment post-inspection. This involves a
linear referencing workflow in GIS to spatially locate/reference each defect in XY space
along the “route” of inspection per the stationing of inspection observations. A
standard scoring methodology will enable the City to objectively compare and
dynamically rank the post-inspection condition of past and future storm drain
inspections.
Based on the Consultant’s experience, a standard scoring methodology applied post-
inspection is Step 1 of a two-step process. Step 2 of this process involves a standard
1 After discussion with City staff on July 10, 2025, the Consultant reviewed the storm drain GIS for the Pecan Creek
watershed and applied various size thresholds, with 24” diameter and larger providing the best fit to define trunk
mains in the watershed. This threshold highlights approximately 54K LF of storm drain within the Pecan Creek
watershed. However, given that the additional effort to develop the BRE for all pipes in the watershed (~255K LF) is
minimal, the Consultant recommends the more comprehensive approach of ranking all pipes using business risk
exposure (using multiple risk criteria), versus only ranking the trunk mains based only size.
2 National Association of Sewer Service Companies (NASSCO) is a non-profit trade association focused on the
assessment and rehabilitation of underground infrastructure, particularly sanitary sewer systems. The Pipeline
Assessment Certification Program (PACP) is a standardized system for inspecting and coding pipeline condition.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
4
recommendations workflow, described in the sub-task for the recommendations
workflow and schema.
To demonstrate the value of this component of the program framework, the Consultant
will apply the standard scoring methodology to linear reference and score 10K LF of the
City’s existing storm drain inspection data.
4.Recommendations Workflow and Data Schema: A standard recommendations
workflow and spatial data schema enables the City to effectively prioritize both known
and future corrective actions after storm drain inspections take place. The Consultant
will develop a recommendations workflow and data schema to evaluate and prioritize
high-priority storm drain inspection data. As part of this sub-task, the Consultant will
establish a threshold to systematically filter/limit the inspected storm drains that will
be included for detailed review. The workflow and data schema will include the
recommended schedule, responsible group, and planning-level budget for each
recommended corrective action.
Based on the Consultant’s experience, a standard recommendations workflow Step 2
of a two-step process to successfully evaluate storm drain corrective actions. Step 1
involves a standard scoring methodology, described in previous sub-task on standard
scoring. A standard recommendations workflow helps to document but disregard minor
defects and to catch major defects that get missed.
To demonstrate the value of this component of the program framework, the Consultant
will apply the recommendations workflow and data schema to evaluate 10K LF of the
City’s existing storm drain inspection data. This sub-task will build on scoring sub-task
by working with the same 10K LF data subset.
Documentation
1.Technical Memorandum: The Consultant will prepare a technical memorandum that
summarizes the program goals and framework as noted in the Task 3 sub-tasks. The
documentation will streamline and standardize implementation as the City’s program
grows.
TASK 4: EXISTING CONDTIONS H&H ANALYSIS
The existing conditions H&H analysis methodology will follow the scope of work template for a
riverine watershed study developed in 2024 for the City of Denton.
1.Hydrology
a.Leverage the Halff 2020 HEC-HMS model for Pecan Creek and develop
new/updated HEC-HMS model for the entire Pecan Creek watershed.
b.Utilize Atlas 14 rainfall data and compute peak discharges for the 2-, 5-, 10-, 25-
, 50-, 100-year and 500-year storm events.
c.Develop SCS hydrologic parameters including land use, soils, curve numbers
and times of concentration.
2.Hydraulics
a.Develop existing conditions 1D HEC-RAS hydraulic models for all FEMA named
streams that fall within the Pecan Creek watershed and within the City of
Denton city limits. See list of study streams in Table 1 below.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
5
Table 1: Study Streams
Stream Name Length (mi)
Pecan Creek 12.7
North Pecan Creek 2.8
North Pecan Creek Tributary 1 0.8
Stream PEC-2 1.3
Stream PEC-3 1.0
Stream PEC-4 1.6
Stream PEC-5 2.9
PEC Tributary 2 0.4
PEC Tributary 3 0.3
PEC Tributary 6 0.4
PEC Tributary 7 0.8
PEC Tributary 9 0.5
PEC Tributary 10 0.6
PEC Tributary 11 0.5
PEC Tributary 12 0.4
PEC Tributary 13 0.7
PEC Tributary 14 0.5
PEC Tributary 16 0.7
b.Cross section geometry will be extracted from the 2020 Denton County Lidar
data and supplemented with field survey at surveyed crossings.
c.Bridge/Culvert crossings will be input based on field survey or as-built record
drawings where available.
d.Compute HEC-RAS profiles for all simulated storm events.
e.Compute floodways for all streams with current effective FEMA floodways.
Upstream and downstream floodway extents will match the current effective
FEMA floodway limits.
f.Detailed floodplain mapping will be delineated for the 100-year and 500-year
floodplains and the floodway for regulatory purposes.
g.General floodplain mapping will be delineated for the 2-, 5-, 10-, 25-, and 50-
year floodplains to understand the level of service at potentially flooded
structures.
h.Intersect building planimetrics with floodplain mapping to identify potentially
flooded structures and flooding hotspot locations from riverine sources.
3.Existing Conditions Flood Losses
a.Develop existing conditions annualized flood losses for a “do nothing” scenario
using the FEMA BCA Toolkit for potentially flooded structures within the Pecan
Creek Watershed. Finished flood elevations will be estimated using 2020
Denton County Lidar data. Building footprints will be based on the TWDB GIS
Data Hub and will be reviewed and updated based on the latest aerial imagery.
Flood elevations will be estimated from models developed under this contract
and other available models within the watershed.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
6
TASK 5: CONCEPTUAL ALTERNATIVES ANALYSIS
1.Prepare conceptual alternatives for up to ten (10) project areas identified in the City’s
Flooding Hotspot Analysis performed by FNI, known historical locations from City staff,
and from the existing conditions analysis performed as part of this project. Halff will
proceed with alternative analysis upon written notice to proceed by the City for the
approved project areas. Alternative model scenario will be developed for each project
area using InfoWorks ICM or HEC-RAS depending on the most appropriate software tool
based on flooding sources and complexity. Each alternative will focus on reducing
flooding impacts that meet or exceed City drainage criteria and do not increase flooding
downstream or on adjacent property owners. Generally, these alternatives may include
a combination of storm drain\channel resizing, property acquisition, detention, and
parallel drainage systems. Up to two (2) conceptual alternatives will be evaluated at
each identified project area.
2.Identify potential easements necessary for future construction and maintenance if
improvements are located outside of street right-of-way. Halff will not research
property records and deeds as part of this task.
3.ROW Evaluation: Based on the conceptual project alignment, the Consultant shall
identify potential property owners impacted. The City’s Real Estate group will assist
with investigating potential ROW constraints/needs.
4.Conceptual alternatives will consider potential surface and sub-surface constraints
based on available GIS data and record drawings.
5.City to provide available geotechnical information within or near the preliminary
schematic project corridors from previous studies.
6.Develop an Alternative Risk Assessment to evaluate project implementation risks for
various categories based on discussions with the City. The categories may include, but
not limited to: ROW, Utility Conflicts, External, Permitting, Organizational and
Construction.
7.Prepare conceptual cost estimates for each project area alternative.
8.Prepare exhibits for each conceptual alternative.
9.Project phasing will be considered and determined by factors such as project type,
downstream impacts, and cost.
Environmental Evaluation
The environmental evaluation outlined below will help identify potential risks to implementing
drainage improvement alternatives.
Waters of the United States Desktop Evaluation
1.An evaluation of the site regarding Waters of the United States will be based only on
information from readily available public records.
1.The water features within the site will be digitized using the most recent aerial
photography and a desktop determination of the potentially jurisdictional water
features will be provided.
2.The deliverable will include a report, associated maps, and historic aerial photography
used to develop jurisdictional determinations.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
7
Section 404/Nationwide Permit Assessment
After the desktop delineation is completed, the desktop delineation will be utilized to evaluate
the proposed site plan to determine compliance with Section 404 of the CWA, specifically the
NWP program. This task includes:
1.Evaluation of the proposed project impacts to the Waters of the United States to
determine the USACE’s scope and necessary permits.
2.Documentation of the terms and conditions, General Conditions, and Fort Worth
District Regional Conditions for the applicable permit as well as the proposed project’s
compliance.
3.Summarization of the delineation, impact assessment, permit conditions, and
compliance in a brief letter report.
Baseline Cultural Resources Assessment
1.Perform a baseline assessment of cultural resources constraints for all prepared
alternatives using desktop-based resources. Cultural resources data prepared under
the baseline assessment will be gathered from both public and restricted data sources.
Conduct one site visit to review/photograph any historic-age buildings or structures that
may be impacted by conceptual alternatives. Provide a brief memo of the cultural
resources assessment. No archeological surveys will be performed under this scope of
work.
Environmental Evaluation Deliverables
•Waters of the United States Desktop Analysis Report
•Section 404/Nationwide Permit Assessment Memo
•Baseline Cultural Resources Assessment Memo
Please Note: The conceptual alternatives evaluation performed under this scope is not considered
a feasibility study and preliminary schematic layouts will not be developed. Halff recommends
progressing the recommended CIP alternatives to further evaluate potential conflicts and
constructability to further refine estimates of probable cost and project viability prior to advancing
to design.
Task 6: Benefit Cost Analysis (BCA)
FEMA BCA
The FEMA Benefit-Cost Analysis will be developed for the top three (3) ranked conceptual
improvement alternatives to quantify the benefits of reduced structural flooding. The
Consultant will create a BCA utilizing the latest available version of the FEMA BCA Toolkit, to
include a detailed benefits Excel workbook and narrative documentation. The Consultant
analysis will include:
1.Project Configuration including project location, hazard, and mitigation action types.
2.Cost Estimation for the project will be based on the Opinion of Probable Construction
Cost developed in Phase 2.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
8
3.Damages will be estimated using a FEMA-approved damage estimation methodology
based on the information provided through hydrologic and hydraulic modeling, City
records, and other relevant sources. Socioeconomic and demographic data for the
area, as available, will be incorporated into the damages and benefits.
4.Benefits will be quantified for the reduction of flooding on private property and utilize
ecosystem and social benefits, among others, as appropriate.
TASK 7: PUBLIC OUTREACH
1.Conduct one (1) public meeting after the draft conceptual alternatives analysis is
complete.
Assist the City in preparation for a City Council presentation to present the results of the Pecan
Creek SWMP.
TASK 8: REPORTING
1.Document work efforts and methodology including recommendations in a technical
report for the Pecan Creek SWMP. Associated figures, tables, models, and GIS files will
be included with the report. Include TWDB state flood plan table information.
2.Address up to two (2) rounds of City comments on the draft report and deliver a digital
copy of the final Pecan Creek SWMP report.
3.Develop an illustrative graphical summary that will highlight key results and
recommendations from the Pecan Creek SWMP technical report. The document will be
appropriate for public and City Council review.
4.Address up to two (2) rounds of CITY comments on the draft graphical summary and
deliver a digital copy of the graphical summary.
Special Services (Hourly Not-to-Exceed)
TASK 1: FIELD SURVEY
Field survey will be performed as needed after review of as-built data provided by the City.
Field Survey
1.Collect field survey for up to 50 bridge/culvert crossings along study stream within the
Pecan Creek watershed. Each structure will be surveyed per FEMA standards and will
include field sketches and site photos.
TASK 2: GRANT ASSISTANCE
Grant Opportunity Assessment Report
1.The Consultant will review initial feasibility, concept, FEMA BCA, and alternatives
analysis of the project and project elements, and identify potential grant funding
opportunities that best align with the PROJECT and PROJECT elements. The Consultant
will develop a report that summarizes potential grant funding opportunities, including
grant deadlines, maximum grant request, local match required, and whether the
program received federal dollars.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
9
2.The Consultant will research potential grant funding opportunities for additional master
planning within the Pecan Creek watershed and other watersheds throughout the City.
Provide Strategic Guidance to Pre-Position for Selected Grants
1.Assist the City in activities to pre-position the most advantageous projects for
competitive grant application development in the near term. Activities may include:
a.Up to three (3) virtual follow-up meetings with City Staff to discuss specific
projects/programs and necessary pre-position steps.
b.Internal scoring exercise to test candidate project strengths and weaknesses.
Collaborating with additional Halff personnel with expertise in Benefit-Cost
Analysis, environmental review, and preliminary engineering reports, as needed,
to determine further consideration for the level of effort and competitiveness of
projects for grant applications.
c.Facilitate meetings with partner stakeholders and/or grant agency personnel
when needed.
2.Peer review of City-developed applications up to 10 hours
Task 2 Deliverables
•Digital PDF Copy of Grant Opportunity Assessment Report
Exclusions
Any additional services required beyond those specifically identified in this Scope of Services are
beyond the services to be provided under this agreement. A scope and commensurate fee for any
required additional services would be negotiated and provided under a separate supplementation
agreement to this contract. Should the Client request additional support including an alternative
funding analysis and program for flood mitigation or other aspects of the proposed project, a
separated fee will be negotiated.
SERVICES EXCLUDED FROM THE SCOPE
The following services are excluded from the scope of work above unless agreed upon through
contract renegotiation or formal, written consent.
1.USACE Individual Permit
2.Cultural resource pedestrian survey
3.TDLR review/inspection
4.ROW/Easement acquisition
5.CLOMR/LOMR Preparation
6.Public and private utility relocation design
7.Coordination with TxDOT or TxDOT permit submittal
8.Traffic Control Plans not specifically outlined in this scope of work
9.Roadway Design, Plan & Profile or Typical Section sheets
10.Landscape Plan
11.Full civil design plans
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
10
12.Feasibility studies and schematic project layouts
13.SUE services
14.Additional meetings not stipulated in the above scope of work
15.External fees associated with data collection
16.Water quality testing and analysis
17.Geotechnical exclusions: Boring cores through channel, site clearing, potholing to
confirm underground utilities at borings, long-term maintenance of bore hole patches
18.Right of Entry coordination for SUE
19.Field Condition Assessment: The Consultant understands that the City plans to perform
most of the field condition assessment work using in-house crews and equipment.
Should the need arise, the Consultant has the capability to perform field condition
assessment at-scale with support from several qualified inspection contractors.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Attachment B
Pecan Creek Stormwater Master Plan
WR WR WR WR WR SR JR
PROJECT TASK QAQC PE PE EIT EIT GIS GIS TOTAL
MANAGER SENIOR II I ANALYST ANALYST
Labor Rate $325.00 $300.00 $250.00 $265.00 $240.00 $180.00 $150.00 $135.00 $140.00 $100.00 $230.00 $120.00 $295.00 $225.00 $150.00 $224.00 $155.00 $230.00 $130.00 $85.00 Varies
TASK 1 - PROJECT ADMINISTRATION
1.A Project Administration
1 Kickoff Meeting 4 4 4 2,800.00$
2 Monthly Coordination Meetings (up to 16 meetings)3 36 36 12 46 30,560.00$
3 Monthly Reports and Invoicing 18 10 6,250.00$
4 Project Schedule 10 1 3,250.00$
5 Quality Assurance/Quality Control Plan 1 2 1 4 2,240.00$
6 Team Coordination 2 40 20 17,650.00$
TASK 1 - SUBTOTAL: PROJECT ADMINISTRATION 6.0 110.0 62.0 4.0 12.0 0.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 -$ -$ 62,750.00$
0.0 0.0 0.0 0.0
TASK 2 - DATA COLLECTION
2.A Existing Available Information
1 Terrain Development 1 1 4 40 4,950.00$
2 Collect & review as-built data 2 24 3,840.00$
3 Collect all avaliable zoning maps 1 4 840.00$
4 Collect and compile previous studies 1 8 1,380.00$
Subtotal Task 2.A 11,010.00$
TASK 2 - SUBTOTAL: DATA COLLECTION 0.0 1.0 0.0 0.0 0.0 0.0 0.0 37.0 4.0 40.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 11,010.00$
TASK 3 - CONDITION ASSESSMENT PROGRAM DEVELOPMENT
3.A Program Goals and Framework
1 Level of Service Goals 12 30 20 11,580.00$
2 Program Framework 8 12 20 7,280.00$
Subtotal Task 3.A 18,860.00$
3.B Storm Drain Data Evaluation
1 Business Risk Exposure Prioritization (Storm Drains)12 35 60 30 21,480.00$
2 Near-Term Sustainability Plan 10 35 40 20 16,950.00$
3 Standard Defect Scoring Methodology 8 35 30 20 14,920.00$
4 Recommendations Workflow and Data Schema 8 35 40 20 16,420.00$
Subtotal Task 3.B 69,770.00$
3.C Documentation
1 Technical Memorandum 20 40 40 40 22,500.00$
Subtotal Task 3.C 22,500.00$
TASK 3 - SUBTOTAL: CONDITION ASSESSMENT PROGRAM DEVELOPMENT 0.0 0.0 0.0 58.0 0.0 182.0 210.0 0.0 0.0 90.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 111,130.00$
TASK 4 - EXISTING CONDITIONS H&H ANALYSIS
4.A Existing Conditions
1 Hydrology 8 16 40 280 51,400.00$
2 Hydraulic Model Geometry 20 40 120 560 113,200.00$
3 Hydraulic Model Troubleshooting/Iterations 6 40 240 41,400.00$
4 Floodplain Depth Grid Mapping 1 4 24 20 40 11,060.00$
5 Existing Conditions Flood Losses 1 2 16 40 16 11,280.00$
6 Internal QAQC 8 4 32 32 40 23,040.00$
TASK 4 - SUBTOTAL: EXISTING CONDITIONS H&H ANALYSIS 0.0 44.0 62.0 32.0 0.0 252.0 40.0 1144.0 20.0 56.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 251,380.00$
TASK 5 - CONCEPTUAL ALTERNATIVES ANALYSIS
5.A Conceptual Alternatives Analysis
1 Identify Hotspot Areas - Existing Conditions Modeling (up to 10)8 20 32 260 380 103,460.00$
2 Hydraulic Modeling (2 alternatives per location)20 40 24 60 320 480 145,360.00$
3 Preliminary ROW Acquisition Evaluation 2 3 8 24 6,510.00$
4 Perform Alternative Risk Assessment 4 8 24 60 15,620.00$
5 Prepare Conceptual OPCCs 2 4 6 12 40 10,910.00$
6 Prepare Conceptual Alternative Exhibits 2 4 8 24 80 17,440.00$
7 Internal QAQC 12 6 40 30 60 29,200.00$
Subtotal Task 5.A 328,500.00$
5.B
1 Archeological Desktop Analysis 2 4 16 32 8,040.00$
2 Waters of the United States Desktop Evaluation 2 8 20 72 14,760.00$
3 Section 404/Nationwide Permit Assessment 2 4 8 40 7,920.00$
Subtotal Task 5.B 30,720.00$
TASK 5 - SUBTOTAL: CONCEPTUAL ALTERNATIVES ANALYSIS 2.0 52.0 87.0 40.0 32.0 166.0 604.0 1124.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 359,220.00$
2-MAN
SURVEY
CREW
PRINCIPAL PROJECT
MANAGER
DEPUTY
PROJECT
MANAGER
RPLS SURVEY
TECH
3-MAN
SURVEY
CREW
SUB-
CONSULTANT EXPENSES
Basic Services (Lump Sum)
GRANT
PRINCIPAL
GRANT
MANAGER
SENIOR
PLANNER PLANNER CLERICAL
1-MAN
SURVEY
CREW
A:\62000s\62033\001\Admin\Contracts\Fee Estimate_2026-04-15 p 1 of 2 -- 4/15/2026
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Attachment B
WR WR WR WR WR SR JR
PROJECT TASK QAQC PE PE EIT EIT GIS GIS TOTAL
MANAGER SENIOR II I ANALYST ANALYST
Labor Rate $325.00 $300.00 $250.00 $265.00 $240.00 $180.00 $150.00 $135.00 $140.00 $100.00 $230.00 $120.00 $295.00 $225.00 $150.00 $224.00 $155.00 $230.00 $130.00 $85.00 Varies
2-MAN
SURVEY
CREW
PRINCIPAL PROJECT
MANAGER
DEPUTY
PROJECT
MANAGER
RPLS SURVEY
TECH
3-MAN
SURVEY
CREW
SUB-
CONSULTANT EXPENSES
Basic Services (Lump Sum)
GRANT
PRINCIPAL
GRANT
MANAGER
SENIOR
PLANNER PLANNER CLERICAL
1-MAN
SURVEY
CREW
TASK 6- BENEFIT COST ANALYSIS
6.A FEMA BCA
1 Project Configuration 20 3,000.00$
2 Cost Estimation 24 3,600.00$
3 Damage Development and Calculation 1 2 4 8 60 12,370.00$
4 Benefit Development and Calculation 1 2 4 8 60 12,370.00$
5 Internal QAQC 5 1,330.00$
TASK 6 - SUBTOTAL: BENEFIT COST ANALYSIS 2.0 4.0 8.0 5.0 0.0 16.0 164.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 32,670.00$
TASK 7 - PUBLIC OUTREACH
7.A Prepare and Present One Public Meeting
1 Public Meeting 1 8 8 4 24 8,690.00$
2 City Council Presentation 1 8 4 8 32 9,490.00$
TASK 7 - SUBTOTAL: PUBLIC OUTREACH 1.0 8.0 8.0 0.0 0.0 4.0 0.0 24.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 26,870.00$
TASK 8 - REPORTING
8.A Phase 1 Report
1 Develop Draft Technical Report 1 8 12 4 40 100 24 29,890.00$
2 Address City Comments & Deliver Final Report 2 2 6 24 5,420.00$
3 Develop Draft Graphical Summary 1 8 12 8 12 12 50 18,050.00$
4 Address City Comments & Deliver Final Graphical Summary 4 8 4 8 6 24 9,500.00$
TASK 8 - SUBTOTAL: REPORTING 2.0 22.0 34.0 4.0 0.0 58.0 0.0 144.0 0.0 24.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 18.0 74.0 0.0 -$ -$ 62,860.00$
Subtotal: Basic Services 11.0 237.0 253.0 138.0 44.0 662.0 904.0 2473.0 24.0 210.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 18.0 74.0 10.0 -$ -$ 917,890.00$
TASK 1 - DATA COLLECTION
1.A Field Survey
1 Bridge/Culvert Crossing Survey (up to 50 structures)2 4 24 60 120 180 86,500.00$
TASK 1 - SUBTOTAL: DATA COLLECTION 0.0 2.0 4.0 0.0 0.0 0.0 24.0 0.0 0.0 0.0 60.0 120.0 180.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 -$ -$ 86,500.00$
TASK 2 - GRANT ASSISTANCE
2.A Grant Opportunity Assessment Report
1 Project Narratives 24 48 24 48 24,580.00$
2 Strategic Guidance 50 20 50 20 28,400.00$
TASK 2 - SUBTOTAL: GRANT ASSISTANCE 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 74.0 68.0 74.0 68.0 0.0 -$ -$ 52,980.00$
Subtotal: Special Services 0.0 2.0 4.0 0.0 0.0 0.0 24.0 0.0 0.0 0.0 60.0 120.0 180.0 0.0 0.0 74.0 68.0 74.0 68.0 0.0 0.0 0.0 139,480.00$
1,057,370.00$
Special Services (Hourly Not-to-Exceed)
A:\62000s\62033\001\Admin\Contracts\Fee Estimate_2026-04-15 p 2 of 2 -- 4/15/2026
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 19
Attachment C
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
contractor 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 theState 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. Ifrequested by the City, the insurer shall reduce or eliminate such deductibles orself-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.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Attachment C
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 19
•Liability policies shall be endorsed to provide the following:
o Name as Additional Insured the City of Denton, its Officials, Agents,Employees, and volunteers on commercial general liabilities (CGL) and
automobile liability policies.
o That such insurance is primary to any other insurance available to the
Additional Insured with respect to claims covered under the policy andthat 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, itsofficials, agents, employees, and volunteers.
•Cancellation: City requires 30 day written notice should any of thepolicies described on the certificate be cancelled or materially changedbefore the expiration date.
•Should any of the required insurance be provided under a claims made form,Contractor shall maintain such coverage continuously throughout the term of thiscontract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give riseto claims made after expiration of the contract shall be covered.
•Should any of the required insurance be provided under a form of coverage thatincludes a general annual aggregate limit providing for claims investigation orlegal defense costs to be included in the general annual aggregate limit, theENGINEER shall either double the occurrence limits or obtain Owners andContractors Protective Liability Insurance.
•Should any required insurance lapse during the contract term, requests forpayments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by thiscontract, 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,
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors, and Contractual Liability with minimum 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 Subcontractor performing work under the contract,
at the Subcontractor'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 Subcontractor’s liability insurance shall name ENGINEER as an
additional insured.
(2)ENGINEER shall obtain and monitor the certificates of insurance from each
Subcontractor. ENGINEER must retain the certificates of insurance for the
duration of the contract and shall have the responsibility of enforcing insurance
requirements among its subcontractors. The CITY shall be entitled, upon request
and without expense, to receive copies of these certificates.
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Halff Associates, Inc.
Form CIQ
4/16/2026
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Docusign Envelope ID: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610
Certificate Of Completion
Envelope Id: 66EA72AF-F6E7-40AD-A4E2-FBC647A01610 Status: Completed
Subject: Please DocuSign: City Council Contract 8377-016 Pecan Creek Storm Water Master Plan
Source Envelope:
Document Pages: 34 Signatures: 6 Envelope Originator:
Certificate Pages: 7 Initials: 1 Gabby Leeper
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Gabby.Leeper@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/15/2026 1:32:26 PM
Holder: Gabby Leeper
Gabby.Leeper@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Gabby Leeper
Gabby.Leeper@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/15/2026 1:35:25 PM
Viewed: 4/15/2026 1:35:36 PM
Signed: 4/15/2026 1:36:18 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/15/2026 1:36:21 PM
Viewed: 4/15/2026 1:37:09 PM
Signed: 4/15/2026 1:39:02 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: 4/15/2026 1:39:05 PM
Viewed: 4/15/2026 3:06:08 PM
Signed: 4/15/2026 3:22:00 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Scott Rushing
srushing@halff.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 4.1.252.178
Sent: 4/15/2026 3:22:02 PM
Viewed: 4/15/2026 3:36:43 PM
Signed: 4/16/2026 8:36:20 AM
Electronic Record and Signature Disclosure:
Accepted: 4/15/2026 3:36:43 PM
ID: 95f3c483-4229-4d44-b863-17483c2c04c2
Signer Events Signature Timestamp
Stephen D. Gay
Stephen.Gay@cityofdenton.com
General Manager
Water Utilities
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.222.164.2
Sent: 4/16/2026 8:36:23 AM
Viewed: 4/17/2026 9:11:10 AM
Signed: 4/17/2026 9:14:46 AM
Electronic Record and Signature Disclosure:
Accepted: 4/17/2026 9:11:10 AM
ID: e41f7c5c-5526-45f4-a4df-742588ee0744
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 4/17/2026 9:14:50 AM
Viewed: 5/20/2026 8:00:01 AM
Signed: 5/20/2026 8:04:36 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 5/20/2026 8:04:39 AM
Viewed: 5/20/2026 8:04:53 AM
Signed: 5/20/2026 8:05:04 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cassey Ogden
Cassey.Ogden@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/20/2026 8:05:08 AM
Viewed: 5/20/2026 8:23:39 AM
Signed: 5/20/2026 8:23:48 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kristi Fogle
kristi.fogle@cityofdenton.com
Chief of Staff
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/20/2026 8:23:51 AM
Resent: 5/21/2026 9:42:22 AM
Viewed: 5/21/2026 9:59:50 AM
Signed: 5/21/2026 12:11:41 PM
Electronic Record and Signature Disclosure:
Accepted: 5/21/2026 9:59:50 AM
ID: c23ed337-a4e3-430a-b8af-2ba5b9d812fa
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 1:36:20 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/17/2026 9:14:49 AM
Viewed: 4/17/2026 3:06:02 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/21/2026 12:11:43 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Mike Linder
mike.linder@cityofdenton.com
Interim City Engineer
Security Level: Email, Account Authentication
(None)
Sent: 5/21/2026 12:11:44 PM
Electronic Record and Signature Disclosure:
Accepted: 5/14/2026 10:39:35 AM
ID: f023c363-fe03-485c-8dc6-51e667cab06e
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/21/2026 12:11:44 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/15/2026 1:35:25 PM
Envelope Updated Security Checked 5/20/2026 8:02:36 AM
Envelope Updated Security Checked 5/20/2026 8:02:36 AM
Envelope Updated Security Checked 5/21/2026 9:42:21 AM
Envelope Updated Security Checked 5/21/2026 9:42:21 AM
Envelope Updated Security Checked 5/21/2026 9:42:21 AM
Certified Delivered Security Checked 5/21/2026 9:59:50 AM
Signing Complete Security Checked 5/21/2026 12:11:41 PM
Completed Security Checked 5/21/2026 12:11:44 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 Rushing, Stephen D. Gay, Kristi Fogle, Mike Linder
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.