18-1660
%(+$1$%$1$-"$%.1,
181660
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct
Other
%(+$Ș2ș#§º«(´¯º¯§²¹
FirstAmendmentɋOrdinanceNo.1952603/26/19JR
oxDn�rANCE No. 18-1660
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HUITT-ZOLLARS, INC., FOR ENGINEERING RELATED PROFESSIONAL SERVICES
FOR THE MCKINNEY STREET WIDENIING PROJECT, AS SET FORTH 1N THE
AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFQ 6590-040 - AGREEMENT FOR ENGINEERING
RELATED PROFESSIONAL SERVICES AWARDED TO HUITT-ZOLLARS, INC., 1N THE
NOT-TO-EXCEED AMOUNT OF $1,641,200).
WHEREAS, on March 6, 2018, the City Council approved a pre-qualified engineer list
(Ordinance 2018-331), and the professional services provider (the "Provider") mentioned in this
ordinance is being selected as the most highly qualified on the basis of its demonstrated competence
and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION„ml . The City Manager is hereby authorized to enter into an agreement with Huitt-
Zollars, Inc., to provide professional engineering services for the City of Denton, a copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton hereby expressly delegates the
....
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFQ 6590-040 to the City Manager of the City of Denton, or his designee.
SECTION ,4. The findings in the preamble of this ordinance are incorporated herein by
reference,
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
gi��� ��+�� this ordinance was made by _�"'�',��' ��� ������ __ and seconded by
Themot�n:� �"���':�� ���:�°�.��"������"� , t�7c� ��i°c9iP�A����� ������ ������c�`� r ������r������ 1�;�� ll�� �'trl��a����x��
����� L �`�_ n . ��__�9�
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, A� �. ��a•��„� ������f� i���
PASSED AND �I'�'i�(�1�1°:I� �N�is the
Aye Nay
Abstain Absent
�' ..� �_ ��
. ��. ...�. �,. �.�....�.
�
� m .._�
�������day of _ � ����"�-�'.� ------------- _.—, 2018,
� ��
��.,��
� ��
...�.m. �.���. �.�..� ..n., _.�
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�3
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
������ �� " � ��r° '`��'�� ��� �'���"
BY: — .�°'' � �� �� � ��✓� � ,�
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ
CźƌĻ bğƒĻ
tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ
/źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ
tźŭŭǤ .ğĭƉ hƦƷźƚƓ
/ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ
hƩķźƓğƓĭĻ
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
FILE 6590-040
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Huitt-Zollars, Inc., with its corporate office at 1717 McKinney Avenue, Suite
1400, Dallas, Texas 75202 and authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Design and Construction Support Services for McKinney
Street Roadway Widening Improvements (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay
for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically agreed
that ENGINEER shall not be compensated for any additional work resulting from oral
orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,641,200.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT, until
the expiration of the funds, or completion of the PROJECT and acceptance by the CITY,
whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment D.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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 D to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until paid
in full. In the event of suspension of services, the ENGINEER shall have no
liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
Amendments to Section 4, if any, are included in Attachment C.
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 2 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and care
of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other subsurface
investigations in connection with design and engineering work to be performed
hereunder. The ENGINEER shall also advise the CITY concerning the results of
same. Such surveys, tests, and investigations shall be furnished by the CITY,
unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, exploration, and
investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve the
construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 3 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by such
construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if the
work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work on
the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation
from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 4 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
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.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others that
is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of
the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER
agrees that the CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of intended
audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of such subconsultant, involving
transactions to the subcontract, and further, that the CITY shall have access
during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this section together with subsection (3) hereof. CITY shall
give subconsultant reasonable advance notice of intended audits.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1)
a. Commercial General Liability the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
-owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 6 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed, whichever
is earlier. Coverage shall be maintained for a period of 5 years following
the completion of the AGREEMENT. An annual certificate of insurance
specifically referencing this PROJECT shall be submitted to the CITY for
each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees, officers,
officials, agents, and volunteers as respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources
or letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior
to the date of the AGREEMENT. The certificate of insurance shall state
both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final
payments.
l. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall
not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the signing
of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT to
permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may request
the ENGINEER to assist in obtaining the services of a qualified subcontractor to
manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment D to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: agents shall
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
engage in any discriminatory employment practice. No person shall, on the
grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected to
discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
Amendments to Section 5, if any, are included in Attachment C.
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 D.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities
that may contain hazardous materials, including asbestos containing materials,
or conditions, and that ENGINEER had no prior role in the generation,
treatment, storage, or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of
City, City hereby releases ENGINEER from any damage or liability related to
the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release or
escape of hazardous substances, contaminants, or asbestos is a result of
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction
contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no direct
action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and
the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have
no third-party beneficiary rights under this AGREEMENT.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 11 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
Amendments to Section 6, if any, are included in Attachment C.
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
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
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER
will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications or
other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other data
storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
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
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
S FEES IN PROPORTION
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform such
services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER
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 2270 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. T
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that 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
Section 2252 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
provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252,
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. 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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
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.
subscribed by the City Manager.
BY: BY:
CITY OF DENTON, TEXAS ENGINEER
Huitt-Zollars, Inc.
City Manager John Anthony Sosebee, P.E.
Senior Vice President
Date:__________________ Date:____________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:______________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
ATTACHMENT A
SCOPE OF SERVICES
PROJECT DESCRIPTION:
Professional engineering services are required for the Final Design and Construction
support services for the McKinney Street Widening Improvements. The limits of this
roadway project are between Loop 288 and Grissom Road. This work includes identifying
associated drainage improvements, water and wastewater utility extensions and
adjustments, and coordinating with franchise utilities (electric, communications, and gas)
on possible impacts to their facilities,
The scope of services will include topographic surveying for design, easement
preparations, final environmental investigation/consulting, roadway horizontal and vertical
design, final drainage design, public involvement, probable construction cost estimates,
Level A subsurface utility engineering, final water and wastewater design, as-built survey,
and limited construction services.
The scope of services is comprised of Basic Services tasks and Special Services tasks.
A. BASIC SERVICES:
I. Final Design
Huitt-Zollars shall complete the final design for approximately 9,500 feet of
roadway, from Loop 288 to Grissom Road. This effort shall include the following
items:
1. Develop final design and construction documents of the 4-lane divided roadway
section showing horizontal geometry and vertical profile data. Coordinate with
ll
street intersections and selected private driveways.
2. Prepare signing and marking plans, including:
a. Proposed striping at intersections, to be extended to 250 feet from stop
bars. Any existing striping beyond this limit will be readjusted with proper
transitions to match existing.
b. North- and South-bound approaches on Loop 288 at McKinney Street; and
c. Proposed sign schedule
3. Produce final cross sections on 50-foot stations, and at all cross-streets and
driveways.
4. Prepare final hydraulic analysis for cross-culverts and develop storm sewer and
culvert plan and profile sheets.
5. Prepare final wastewater line plans and profile sheets as per preliminary
design.
6. Prepare final water main plan and profile sheets for:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 18 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
a. 20-in Water Transmission Main, East of Loop 288 to Mayhill Road.
b. Replace existing 8-in Water to 12-in, north side of McKinney from Woodrow
to Mayhill
c. Replace existing 16-in DI, south side of McKinney from Mayhill to Grissom
7. Provide engineering probable construction cost estimates at 60%, 90% and
100%.
8. Submit 60%, 90% and 100% Design Documents to the City for review and
comment.
9.
comments.
Structure Plans and Details are excluded.
II. Bidding and Recommendation
1. Prepare three (3) bid document packages, using standard City contract
documents; and assist the City during bidding processes.
2. Attend three (3) Pre-Bid meetings.
3.
4. Attend three (3) bid openings.
5. Tabulate three (3) bids.
6. Evaluate three (3) bids, check references and make recommendation to the
City.
B. SPECIAL SERVICES:
I. Surveys
Prepare topographic survey, right of way and easement documents of the project
area, as defined by the following items.
1. The topographic survey will include 500 feet north and south of Loop 288, the
two Ryan High School driveways, approximately 200 feet. The survey will also
include the entire storage length of the turn bays, if present. The data will
include property lines, existing street signage and pavement markings, utility
lines including traffic signal conduit, parkway and roadway structures, turn
lanes and other major features within the survey limits.
2. The existing utilities at the intersection will be researched. A Texas One-Call
ticket will be initiated and any marked utilities will be surveyed. As-built plans
will be requested from utility providers and will be illustrated on the plans.
Reasonable efforts will be made during the design to avoid conflicts with
existing utilities.
3. Exhibit Maps and legal descriptions for ROW acquisition and Utility/Drainage
Easements
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 19 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
map for proposed ROW takes and utility and drainage easement parcels. The
ROW and/or easement description will be referenced to the boundary corners
of the parent tract. In addition, an adequate amount of the ROW and/or
easement boundary will be staked using 5/8-inch iron rods. Up to twenty (20)
ROW or easement parcels are included.
4. Additional topographic survey will be needed for special drainage
considerations as described below;
a. Downstream of the high school (approx. Sta 133+00), survey 3 additional
channel cross-sections downstream of the private driveway.
b. Survey 3 cross-sections of the tributary located approximately 750 feet
south of the Loop 288 intersection. Provide topographic survey for a 30-
foot wide strip outside of the Loop 288 ROW south from of McKinney Ave
to Pecan Creek.
c. Outfall 9 (Near Sta 152+00) survey existing detention facility located
upstream of the existing roadway. Collect topographic survey necessary to
determine stage-storage relationship of existing facility above the current
normal pool elevation; this shall include the existing detention facility located
to the east of the main pond. Survey outlet structure type, size, flow lines
and location. Define the limits of the existing pond embankment. Determine
the type, size, location, and flow line elevations of the pipe that serves as
equalization conveyance between the two detention areas.
d. Collect topographic survey along the southern side of Grissom Road from
the edge of pavement to the ROW, from McKinney Avenue and eastward
for approx. 1400 feet to S Trinity Road.
e. Provide topographic survey of an approximately 500 feet by 300 feet area,
just north of high school.
5. Exclusions to Survey Services:
a. Staking of horizontal & vertical control is not included.
b. Construction Staking.
c. Right of way and or easement acquisition will be by the City.
II. Drainage Analysis- Prepare special drainage design including:
1. Size a new storm drain outfall pipe from the Loop 288 intersection to Pecan
Creek with the capacity to convey 100-year runoff from McKinney Street,
including the adjacent development north of McKinney Street within this outfall
basin. Design is expected to include a junction box that will allow up to the 5-
yr event to be conveyed to the existing TxDOT storm drain system to match
existing flow patterns. Design will also include an assessment of whether the
tributary located south of the existing 7-11 store may be capable of conveying
the additional discharge in lieu of discharging to Pecan Creek.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 20 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
2. Based upon survey data collected in the vicinity of Outfall 9 (Sta 1520+00),
design detention facility modifications for the two-cell detention pond located
north of McKinney Street to offset the expected loss of storage and impact to
the outlet works of the existing facilities.
III. Traffic Signal Design
We will review circulation patterns, evaluate peak-hour traffic signal warrants at
unsignalized intersections for existing and future conditions, and provide
recommendations for additional traffic signals or other traffic control devices.
Prepare design for the three (3) existing traffic signals at Loop 288, Mayhill Road
and Ryan Drive. The design will include mast arms, foundations, vehicle detection,
cabinet, conduit, ground boxes, cabling, and intercommunication conduits and
cables to the next signal. Proposed power source location will be coordinated.
New traffic signage and roadway striping will be designed for the approaches to
the traffic signal. All typical signal features will be included in the design such as
video detection, accessible pedestrian buttons, LED heads, pedestrian countdown
heads, and preparations for audible pedestrian signals (APS). Enhanced
pedestrian safety at the intersections including sidewalks and ADA ramps will also
including:
1. Cover Sheet
2. Existing conditions including:
a. All existing street signage and pavement markings.
b. All utility lines including traffic signal conduit.
c. Parkway and roadway structures.
d. Demolition and Removal
3. General notes
4. Traffic Signal Plan including:
a. Proposed traffic signal layout
b. Proposed underground conduit layout
c. Proposed ADA ramps, driveway and sidewalk modifications
a. Conduit and Cable Run Schedule
b. Phasing diagram
c. Pole schedule table
d. Signal Head schedule
e. Ground Box schedule
f. Cable schedule for poles, VIVDS, push buttons, signal heads & countdown
pedestrian heads.
g. Total Estimated Quantities table
h. Traffic Signal General Notes
5. ADA, Median and corner details with general notes
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 21 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
6. Typical details-signal head, pedestrian push button, controller foundation and
ADA ramp details
Technical specifications will be prepared in order to procure the appropriate
materials from the bidders or subcontractors. These specifications will incorporate
references from the City where appropriate.
A maximum total of three (3) review meetings (one meeting per each of the
preliminary, pre-final and final project phases) will be attended by Huitt-Zollars
during the duration of the project. Huitt-Zollars will also attend a maximum of one
(1) public meeting for an outreach program for the project. Huitt-Zollars will prepare
presentation materials (PowerPoint, site plans, etc.) and present the materials at
the meetings. Huitt-Zollars will answer any technical questions regarding project
and design documents.
IV. Traffic Warrant Evaluation
Prepare Traffic Warrant Evaluation for two (2) intersections between Loop 288 and
Grissom Road.
V. Landscape/Streetscape/Irrigation Design
1. Meet with Parks and Maintenance departments to coordinate desired
landscaping.
2. Provide landscape and streetscape plans showing plant selection and tree
locations.
3. Coordinate any hardscape and furniture items desired by the City.
4. Provide irrigation design plans.
5. Provide details and planting schedule.
VI. Lighting Design
1. Attend kick-off meeting with City staff and conduct a site visit to review existing
conditions.
2. Perform code analysis to verify the required lighting level and perform lighting
calculations.
3. Coordinate with the utility provider to find a power source.
4. Provide drawings showing the light pole locations, power source connections,
and details.
5. Provide lighting and power specifications.
6. Meet with the local electric provider to discuss power sources, conduit, wiring,
light poles, fixtures, and foundations.
VII. Traffic Control and Phasing Plans
1. Provide a Traffic Control Plan and Construction Sequencing Narrative that
meets the most current edition of the Texas MUTCD.
2. During construction, provide traffic signal modification for the construction
phasing proposed by the Contractor. The design will include modification mast
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 22 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
arms, foundations, vehicle detection, cabinet, conduit, ground boxes, and
cabling for temporary traffic signals.
VIII. Driveway Turning Movement Counts
Conduct traffic counts. Driveway turning movement counts will be conducted
during a typical weekday morning peak period (7:00 a.m. 9:00 a.m.) and
afternoon peak period (3:00 p.m. 7:00 p.m.) at commercial driveways (non-street
intersections) between Woodrow Lane and Grissom Road.
IX. Roundabout Analysis
The Scope of Services to be performed by the Subconsultant shall be generally as
follows:
1. Operational Analysis (Capacity)
Receipt and review of previously collected traffic data.
Complete an operational analysis of the AM and PM peak hour forecasted
traffic volumes for the roundabout using Arcady and HCM capacity
analysis software packages. Compare performance under existing and
horizon year peak hour traffic volumes.
Complete a technical memorandum documenting the operational analysis
and confirming the proposed lane assignments for the roundabout.
2. Horizontal Geometric Review/Optimization
The subconsultant will perform an electronic review of the schematic
(approximate 30% design) and provide comments to Huitt-Zollars regarding
the roundabout horizontal geometrics. The subconsultant will provide
guidance on setting alignments and profiles to advance the preliminary and
detailed design effort, and will conduct an in-person meeting to discuss the
review and horizontal modifications. The review will focus on:
Size and location of the Inscribed Circle Diameter (ICD)
Alignment of the approaches
Roundabout functionality by checking fast paths, vision angles, and phi
angles
Accommodating design vehicle turning movements
Bicycle and pedestrian accommodations
Minimization of right-of-way impacts
The subconsultant will complete a submission package for the roundabout
for Huitt-Zollars and the Client to review. The submission package will
document horizontal geometric performance checks which include: horizontal
design dimensions, fast paths, truck swept paths, path overlap, entry angles,
and sight distance envelopes.
3. Final Design Review
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 23 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
The subconsultant will conduct up to two (2) separate electronic peer reviews
for each milestone deliverable for the final design of the roundabout. The
subconsultant will provide review comments and attend up to four (4) meetings
with Huitt-Zollars and/or Client staff as necessary throughout the final design
phase. Final design review will include:
Vertical geometrics (Incremental review)
o Typical sections
o Profiles
o Grading sheets
Pavement marking
Signing
Jointing
Lighting
Landscaping
Traffic control plans
Final plan review
4. Public Outreach Support
The Subconsultant will attend up to two (2) public outreach meetings (at 30%
and 90% design stage) to present the roundabout options to the public,
including:
PowerPoint slide preparation showing advantages and features of the
proposed roundabout
Distribution of pre-developed roundabout brochures
Creation of an HO scale (1:87) vinyl roll plot of the preferred roundabout
option
Prepare documentation of comments and questions received by staff from
the public regarding the roundabout at the public meetings. Roundabout-
related public comments will be provided to Huitt-Zollars after the public
meeting(s) for incorporation into the public involvement documentation.
X. Environmental Consulting Services
Conduct environmental investigation and permit consultation along the project
area, defined as follows:
The Subconsultant previously conducted a Natural and Cultural Resources
Constraints Analysis addressing preliminarily identified surface waters and
wetlands, threatened and endangered species and migratory bird habitats,
including sensitive and critical habitats, and documented cultural resources
(archeology and history). The Subconsultant conducted desktop background
research and a limited site reconnaissance. Based on the Natural and Cultural
Resources Constraints Analysis, and project design plans, the proposed services
consist of the following tasks:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 24 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
1. Preliminary WOUS Determination/Delineation and Consultation
This task is presented in order to assist Huitt-Zollars in remaining in compliance
with Section 404 of the Clean Water Act (CWA) and/or Section 10 of the
Rivers and Harbors Act (RHA) during future construction activities onsite. To
accomplish this task, the Subconsultant will perform subtasks which include
a desktop review, a site visit, and report preparation as described below.
a. Desktop Review
Prior to visiting the site, background research will be conducted and will
consist of locating and reviewing pertinent maps, aerial photographs,
historic topographic maps, soil surveys, plant species data, U.S. Fish and
Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps
(FIRM), and other related data necessary for a desktop review of site
conditions. This desktop review will assist the Subconsultant in preliminarily
identifying suspect aquatic resources on the site. The Subconsultant will
review topographic maps, aerial photographs, and floodplain maps to make
a preliminary determination based on the Subconsultants opinions and
experiences of the areas that could be potentially be categorized as
jurisdictional WOUS and those that may not be jurisdictional. Appropriate
sections of the digital topographic maps, aerial photographs, and floodplain
maps, and proposed project boundaries will be projected and converted to
the appropriate Geographic Information System (GIS) format that is
required for the fieldwork, mapping, and report preparation.
b. Site Visit
A site visit will be performed to determine the existence and approximate
locations of suspect WOUS, including wetlands on the site following the
USACE 1987 Manual and the applicable USACE regional supplement. The
Subconsultant will identify potential WOUS, including traditional navigable
waters, relatively permanent waters, non-relatively permanent waters, and
wetlands that are abutting, adjacent to, or isolated from these waters. The
site visit will include completion of USACE wetland determination data
forms with plant identification, notation of hydrologic indicators, and
excavation of shallow soil profiles, as appropriate within each different
vegetative community spread throughout the Project. Potentially
jurisdictional waterbodies will be identified by delineating ordinary high water
marks and then mapped using a GPS with sub- meter accuracy and the
procedures required by the USACE. Following the site visit, exhibits
showing the boundaries (polygons) and acreage and/or linear footage (if
applicable) of all aquatic resources identified onsite during the site visit will be
prepared. The Subconsultant will provide a professional opinion regarding the
likelihood for the identified aquatic resources to be considered jurisdictional
and regulated by the USACE.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 25 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
c. Report Preparation
A report will be prepared for the project documenting the results of the
Preliminary Waters of the US (WOUS) Determination/Delineation performed
applicable framework, describe the assessment methodology, limitations and
findings, and provide site-specific conclusions and recommendations as
appropriate. The Preliminary WOUS Delineation report will include the
following information, as applicable:
Brief description of the project, methods/sampling procedures, and
results as required by the USACE;
A preliminary determination and description of the potentially
jurisdictional WOUS and potentially non-jurisdictional aquatic resources
identified in the Project;
Acreage of the project area evaluated with boundaries indicated;
Location of each observation point/data point/soil sample station;
Wetland Determination Data Forms completed in accordance with
USACE guidelines for each observation point/data point/soil sample
station;
Acreage and linear footage (if applicable) of each aquatic resource onsite
and total potentially jurisdictional areas (suspect WOUS) and potentially
non-jurisdictional aquatic resources including polygons of aquatic
resources (mapped by GPS) shown on exhibits;
Historical information (including topographic quadrangle maps, historic
aerial photographs, FEMA maps, NWI maps, and soil surveys) to
document the potential limits of USACE jurisdiction for the identified
aquatic resources (if applicable); and
Professional opinions regarding the potential jurisdictional status of the
identified aquatic resources with supporting documentation and rationale.
Deliverable: The Subconsultant will provide an electronic copy of the final
report to Huitt-Zollars. The Preliminary WOUS Delineation report will be
prepared in a manner to be easily attached and serve as a supplement to
additional documentation which would be submitted to the USACE for review,
concurrence, and authorization if necessary. In addition to the above
referenced documentation, this task will cover additional consulting tasks to
include:
Meetings with Huitt-Zollars and City of Denton to discuss project
schedule, avoidance and
minimization measures, plan reviews, and construction site operations as
they may pertain to environmental constraints;
Technical review of engineering plans (as it pertains to environmental
permitting constraints), preparation of figures, impact calculations, and
environmental database management; and
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 26 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Preparation of supplemental documentation to support permitting efforts
as design modifications are made.
d. Task-Specific Limitations
Wetlands are naturally evolved and evolving systems. The scope of the
Preliminary WOUS Determination/Delineation as proposed herein, effects
of man-made disturbances and/or temporal variations (e.g. rainfall, season,
drought), and or subjective interpretation of data may preclude assessment
in conformance with USACE requirements and significantly affect findings,
conclusions and recommendations.
2. Threatened and Endangered Species Assessment
General Condition 18 of the 2017 Nationwide Permit Program states that:
No activity is authorized under and NWP which is likely to directly
or indirectly jeopardize the continued existence of a threatened or
endangered species or a species proposed for such designation,
as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical
habitat of such species.
To provide the information necessary to make a determination of effect,
and demonstrate compliance with General Condition 18, the Subconsultant
proposes to conduct a Desktop Review of ESA listed species for the project area.
This will include a review of the U.S. Fish and Wildlife Service (USFWS)
Information for Planning and Consultation (IPaC) report for the project area, a
review of the USFWS critical habitat database, a review of the Texas Parks and
Wildlife (TPWD) Natural Diversity Database, and a review of potentially
suitable habitat utilizing the TPWD Ecological Mapping System of Texas
(EMST) landcover database and aerial imagery. Additionally, information
regarding landcover and dominant plant communities (collected during the
wetland delineation) will be reviewed during the assessment of potentially suitable
habitat and determination of effect.
Deliverable: A Threatened and Endangered Species Assessment Report for
the site will be prepared including photographs, aerial imagery, Geographic
Information System (GIS) mapping, and a description of the field observations
with conclusions and recommendations. This report will also include information
regarding compliance with the Migratory Bird Treaty Act (MBTA) and Bald and
Golden Eagle Protection Act (BGEPA). The Subconsultant will provide an
electronic copy of the final report to Huitt-Zollars.
a. Task-Specific Limitations
Readily available resources do not typically include comprehensive
records of documented sightings as such information is generally not made
available to the public. No determination can wholly eliminate uncertainty
regarding project effects on listed species. The determinations, findings,
and conclusions provided in this task should not be considered authoritative.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 27 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
The limited scope of this this task may not allow a conclusive determination
to be made. In such cases, additional assessment may be recommended.
This task does not include formal presence absence surveys which may
be requested upon agency submittal.
3. Cultural Resources Services
Cultural Resources comprise both historic structures and archeological
materials. Therefore, cultural resources can vary a great deal and may include
such diverse items as buried artifacts of previous cultures and historic buildings
or objects. In Texas, cultural resources are protected under the federal National
Historic Preservation Act (NHPA) of 1966, as amended and the state Antiquities
Code of Texas (ACT). The Texas Historical Commission (THC) is responsible
for enforcing cultural resource compliance in Texas.
Under the Antiquities Code of Texas, projects that are undertaken by a
olitical subdivisionrequire THC coordination if the project affects a cumulative
area larger than five acres or disturbs a cumulative area of more than 5,000 cubic
yards, whichever measure is triggered first, or if the project is inside a designated
historic district or recorded archeological site. A "political subdivision" is defined
as a local governmental entity created and operating under the laws of this state,
including a city, county, school district, water district, or special district created
under Article III, Section 52(b)(1) or (2), or Article XVI, Section 59, of the
Texas Constitution. Projects undertaken by State agencies or public
universities are not limited by size and require THC coordination prior to any
ground disturbances. The professional archeologist conducting the survey is
required to receive a permit before any archeological investigations may
proceed.
a. Antiquities Code of Texas Permit Application and Research Design
Because the undertaking falls under the ACT, qualified cultural resources
personnel will prepare a permit application and associated research design.
The project sponsor will need to review and sign the permit. Once signatures
have been collected, the application and research design will be submitted to
THC for approval. Upon approval, a permit number will be issued and the
archeological survey can commence.
b. Intensive Pedestrian Archeological Survey
Qualified cultural resources personnel will perform an intensive pedestrian
survey of the approximately 3.19-mile McKinney Street widening alignment
within the 165-foot-wide study area (approximately 67 acres) using the
Minimum Survey Standards set forth by the THC and the Council of Texas
Archeologists (CTA). An estimated 50 shovel test excavations will be
performed, as necessary, on each side of the road within the study area to
meet the Minimum Standards of 16 shovel tests per mile. Given that part of
the study area may have greater than 30 percent ground visibility, the
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 28 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
number of shovel tests may be reduced at the discretion of the professional
archeologist. For the purposes of this survey the entire 67-acre study area will
be considered the Area of Potential Effect (APE). Shovel tests will be
excavated in 20-centimeter arbitrary levels, and excavated sediment will be
passed through ¼-inch hardware mesh. Shovel tests will be recorded
through field notes, photography, and hand-held geographic positioning
system (GPS) device. Cultural materials encountered through the course
of shovel test excavations will be described and returned to their
approximate origin. Archeological sites encountered will be recorded with
the Texas Archeological Research Laboratory and be assessed for eligibility
for inclusion in the National Register of Historic Places or listing as a State
Antiquities Landmark, as appropriate. There is a -collectio policy for
this survey; therefore, diagnostic artifacts (if encountered) will be
documented in the field and not collected. Records would be curated by the
Center for Archaeological Studies at Texas State University upon completion
of the project. Deep soil testing (using backhoe) of the APE is not anticipated
and is not included in this scope.
c. Reporting, Agency Coordination, and Curation
Deliverable: After fieldwork has been completed a report of the results will
be prepared. Comprehensive reports typically address the applicable
regulatory framework, describe the assessment methodology, limitations
and findings, and provide site-specific conclusions and recommendations,
as appropriate. Exhibits such as figures, referenced resource documents, data
and photographs are included. Draft documents are reviewed in-house for
quality assurance purposes and initially provided to Huitt-Zollars in electronic
format (.pdf) by email for review and/or approval. Changes resulting from
Huitt-Zollars review will be incorporated, as appropriate, and the updated
report would be similarly delivered to Huitt-Zollars by email, along with one
paper copy for Huitt-Zollars use if requested. The final draft report will be
submitted to the THC for agency review and concurrence. The THC will have
30 calendar days to complete their review.
After project approval has been received from the THC, the permit will be
closed according to permit stipulations. Several reports are required to be
sent to repositories and libraries, GIS files of the survey sent to THC, and
final reports and an online abstract are prepared for delivery. Finally,
curation of records associated with the project will be prepared and submitted
to Center for Archaeological Studies at Texas State University, a qualified
repository.
d. Cultural Resources Schedule
Services will be initiated upon receipt of the written notice to proceed. The
Antiquities Code of Texas Permit Application will be submitted to Huitt-
Zollars within ten business days after receipt of written notice to proceed. The
permit will need to be signed by a project sponsor representative. Once
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 29 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
signatures are in place, the permit will be submitted to the THC for approval.
Once a permit number has been issued to the Principal Investigator of the
archeological survey, the fieldwork will be scheduled within 15 business
days. The preparation of report, depending on the findings, will take
approximately four weeks to complete and deliver to Huitt-Zollars for
review and approval. Once Huitt-Zollars comments have been addressed,
the draft report will be submitted to THC for review and concurrence. The THC
has 30 days in which to review and respond to the archeological report.
e. Task-Specific Limitations
The cultural resource services described above assume approximately five
days of fieldwork for two Subconsultant cultural resources staff. Should
weather or other unforeseen circumstances affect the schedule, The
Subconsultant will prepare a Change Order request for additional work as
needed. This scope of work does not include archeological monitoring,
testing, or data recovery levels of effort, and should such efforts be required
by regulatory agencies, a separate proposal would be prepared by The
Subconsultant at Huitt-Zollars request. This scope of work also does not
anticipate curation of artifacts, and should such services be required, then the
cost would be incurred by Huitt-Zollars. No historic studies, records research,
or archival work are part of this effort but may be required should historic
sites be discovered. No warranties, express or implied, are intended or made.
4. NWP 14 Application and USACE Consultation
This task is presented in order to assist Huitt-Zollars in remaining in compliance
with Section 404. If, after The Subconsultant and Huitt-Zollars evaluate project
design to implement practicable avoidance and minimization options, it is
determined that pre-construction notification is unavoidable, The Subconsultant
will prepare the appropriate documentation to obtain USACE authorization for
impacts to WOUS associated with the proposed project. It is The
Subconsultants understanding that the proposed project would qualify as a
Linear Transportation Project which could fall under the terms and conditions
of Nationwide Permit (NWP) No. 14. Under NWP No. 14, the submittal of a
Pre-Construction Notification (PCN) is required if any of the following criteria are
met:
A section 10 permit is required;
Discharges result in the loss of greater than 1/10-acre of WOUS
Discharges in a special aquatic site, including wetlands
The project may affect threatened or endangered species;
The project may affect historic properties or cultural resources.
Should any of these criteria be met for the proposed project, The Subconsultant
will assist Huitt- Zollars in obtaining authorization under NWP No. 14. In order
to obtain authorization from the USACE, The Subconsultant will coordinate with
Huitt-Zollars to provide the following items to the USACE:
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 30 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Engineering plans;
Alternative routes which were considered;
Avoidance and minimization measures; and
Need and purpose
It should be known that if the PCN criteria are not met, formal notification to the
USACE may not be required and the project may proceed assuming it is in
accordance with the NWP General Conditions and USACE Forth Worth District
Regional Conditions. Should it be determined that pre-construction notification is
not required, The Subconsultant will assist Huitt-Zollars in preparing
documentation demonstrating compliance with the General Conditions and Fort
Worth District Regional Conditions for the NWP Program. Additionally, if the
proposed project results in a loss of greater the 1/10-acre of WOUS,
compensatory mitigation will likely be required as a term of authorization under
NWP 14. If it is determined that compensatory mitigation is required, The
Subconsultant will prepare a conceptual mitigation plan demonstrating the
proposed loss, and the mitigation bank credits necessary to compensate for said
loss. This task assumes a pre- application meeting with the USACE and a single
site visit with the USACE project manager.
a. Exclusions:
This scope does not include an Individual Permit (IP). Should project plans
result in the need for an IP, additional scope and fees will apply. The level
of effort for securing an IP is significantly greater than for a NWP. If
necessary, The Subconsultant will prepare a supplemental proposal to
address assisting with securing an IP.
This scope does not include the preparation of a permittee responsible
mitigation plan. As of the date of this proposal, there are mitigation banks,
with credits available, servicing the project area and permitted responsible
mitigation is not anticipated. Should these conditions change during the
course of the project and it is determined that permittee responsible
mitigation is necessary, The Subconsultant will prepare a supplemental
proposal for developing a permittee responsible mitigation plan.
5. Phase I Environmental Site Assessment
The ESA will be performed consistent with the procedures included in ASTM E
1527-13, Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process. The purpose of this ESA is to assist
Huitt-Zollars in developing information to identify recognized environmental
conditions (RECs) in connection with the site as reflected by the scope of this
proposal. If additional scope or services are required, please contact us to
discuss proposal modifications.
The findings and conclusions presented in the final report will be based on the
information collected as discussed in this
proposal. Please note that we do not warrant database or third party information
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 31 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
(such as from interviewees) or regulatory agency information used in the
compilation of reports.
Phase I ESAs, such as the one proposed for this site, are of limited scope, are
noninvasive, and cannot eliminate the potential that hazardous, toxic, or
petroleum substances are present or have been released at the site beyond what
is identified by the limited scope of this ESA. In conducting the limited scope of
services described herein, certain sources of information and public records will
not be reviewed. It should be recognized that environmental concerns may be
documented in public records that are not reviewed. This ESA does not include
subsurface or other invasive assessments, vapor intrusion assessments or
indoor air quality assessments (i.e. evaluation of the presence of vapors within
a building structure), business environmental risk evaluations, or other services
not particularly identified and discussed herein. No ESA can wholly eliminate
uncertainty regarding the potential for RECs. The limitations herein must be
considered when the user of this report formulates opinions as to risks
associated with the site. No warranties, express or implied, are intended or
made.
An evaluation of significant data gaps will be based on the information available
at the time of report issuance, and an evaluation of information received after
the report issuance date may result in an alteration of our opinions and
conclusions. We have no obligation to provide information obtained or
discovered by us after the date of the report, or to perform any additional services,
regardless of whether the information would affect any conclusions,
recommendations, or opinions in the report. This disclaimer specifically applies
to any information that has not been provided by Huitt-Zollars.
Physical Setting: The physical setting for the site will be described based on
a review of the applicable USGS topographic quad map, USDA soil survey
and selected geologic reference information.
Historical Use Information: A review of selected historical sources, where
reasonably ascertainable and readily available, will be conducted in an attempt
to document obvious past land use of the site back to 1940 or when the site
was initially developed, whichever is earlier. The following selected references,
depending on applicability and likely usefulness, will be reviewed for the site.
Prior reports and land title records including environmental liens and
activity and use limitations will be reviewed, if provided by Huitt-Zollars.
USGS topographic maps
Aerial photographs (approximate 10 to 15 year intervals)
City directories (approximate 5 year intervals)
Building Department Records
Fire (Sanborn) insurance maps
Prior environmental, permits and registrations and geotechnical reports (to
be provided by Huitt-Zollars)
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 32 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Site tax assessor files
Site land title records environmental liens and activity and use limitations
(research to be conducted as part of this assessment per Huitt-
request)
Zoning records
Pursuant to ASTM E 1527-13, Huitt-Zollars should engage a title company or title
professional to undertake a review of reasonably ascertainable recorded land
title records and lien records for environmental liens currently recorded against
or relating to the site. If Huitt-Zollars is unable to provide land title records or
environmental lien information, an abstract firm may be contracted by Terracon
to develop a chain of title from a review of land title records for an additional
fee. Documentation of environmental liens, if recorded, will be provided with the
chain of title. Note, however, unless specifically requested within three days of
project commencement, Terracon will rely on Huitt-Zollars to provide land title
records. If land title records or environmental lien information are not
provided for review in a timely manner, Terracon may conclude that the
absence of records represents a significant data gap, which must be
documented in the final report.
Huitt-Zollars and the current owner or their representative will be interviewed to
provide information regarding past uses of the site and information pertaining
to the use of hazardous substances and petroleum products on the site.
Additionally, a reasonable attempt will be made to interview past owners,
operators, and occupants of the site to the extent that they are identified within the
scope of the ESA and are likely to have material information that is not
duplicative of information already obtained through the assessment process.
Regulatory Records Review: Consistent with ASTM E 1527-13, outlined below
are the following federal, state, and tribal databases, where applicable are
typically reviewed for indications of RECs, and the approximate minimum
search distance of the review from the nearest property boundary. A database
firm will be subcontracted to access governmental records used in this portion
of the assessment. Additional federal, state, and local databases may be
reviewed if provided by the database firm. Determining the location of
unmapped facilities is beyond the scope of this assessment.
Governmental Records Search Distance
Federal NPL Site List 1.0
Federal NPL (Delisted) Site List 0.5
Federal CERCLIS/NFRAP List 0.5
Federal RCRA Corrective Actions (CORRACTS)/TSD 1.0
Federal RCRA Non-CORRACTS/TSD Facilities List 0.5
Federal RCRA Generators List 0.1
Federal Institutional Control/Engineering Control Site Only
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 33 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Federal ERNS List Site Only
State/Tribal List of State Equivalent NPL Facilities 1.0
State/Tribal Equivalent CERCLIS Facilities 0.5
State/Tribal Landfill and/or Solid Waste Facilities 0.5
State/Tribal Leaking UST List 0.5
State/Tribal Registered UST List 0.1
State Institutional Control/Engineering Control Site Only
State/Tribal VCP Site List 0.5
Governmental Records Search Distance
State Brownfields Site List 0.5
Note: Tribal databases will only be evaluated if the site is located in an area
where a recognized tribe has jurisdiction for environmental affairs.
In addition to the database review and if customary practice for the site location,
an attempt will be made to review reasonably ascertainable and useful local lists
or records such as Brownfield sites, landfill/solid waste disposal sites, registered
storage tanks, land records, emergency release reports, and contaminated
public wells. A reasonable attempt will also be made to interview at least one
staff member of any one of the following types of local government agencies: fire
department, health agency, planning department, building department, or
environmental department. As an alternative, a written request for information
may be submitted to the local agencies.
The scope of work proposed herein includes up to two hours of
regulatory agency file and/or records review. If the results of this initial
review appear to warrant a more extensive review of applicable regulatory
agency files and/or records, a cost estimate will be provided to Huitt-Zollars for
pre-approval. Review of regulatory files and/or records, when authorized, will be
for the purpose of identifying RECs. Please note that all requested files may
not be available from regulatory agencies within Huitt-Zollars requested project
schedule.
Site and Adjoining/Surrounding Property Reconnaissance: A site
reconnaissance will be conducted to identify RECs. The reconnaissance will
consist of visual observations of the site from the site boundaries and selected
interior portions of the site. The site reconnaissance will include, where
applicable, an interview with site personnel who Huitt-Zollars has identified as
having knowledge of the uses and physical characteristics of the site. Pertinent
observations from the site reconnaissance will be documented including:
Site description
General site operations
Aboveground chemical or waste storage
Visible underground chemical or waste storage, drainage, or collection
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 34 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
systems
Electrical transformers
Obvious releases of hazardous substances or petroleum products
The adjoining property reconnaissance will consist of visual observations of
the adjoining/surrounding properties from the site boundaries and accessible
public right-of-ways.
Services Not Included: The following services are not included in the current
scope of services.
Limited Visual Observations for Asbestos
Asbestos Survey (prior to renovation/demolition)
Limited Visual Observations for Mold
Limited Radon Records Review
Limited Short-Term Radon Testing
Limited Visual Observations for Lead-Based Paint
Limited Lead-Based Paint Survey
Limited Lead in Drinking Water Records Review
Limited Lead in Drinking Water Sampling
Limited Wetland Review
Limited Threatened/Endangered Species Review
Limited Historic Properties/Archeological Resources Review
ASTM E 2600-10 Vapor Encroachment Screen
a. Reliance:
The delivered documentation will be prepared for the exclusive use and
reliance of Huitt-Zollars, Inc., and any relying governmental entity. Terracon
may grant reliance on the documentation to those approved parties upon
receipt of a fully executed Reliance Agreement (available upon request)
and receipt of information requested in the Reliance Agreement. If, in the
future, Huitt- Zollars and Terracon consent to reliance on the documentation
by a third party, Terracon may grant reliance upon receipt of a fully executed
Reliance Agreement, requested information and receipt of an additional
minimum fee of $400 per relying party. Reliance on the documentation by
Huitt-Zollars and all authorized parties will be subject to the terms,
conditions, and limitations stated in the Agreement for Services and the
reports. The limitation of liability defined in the Agreement for Services is
the aggregate limit of Terracons liability to Huitt-Zollars and all relying parties.
XI. SUE Investigations
Level A SUE investigations will be completed in conformance with the ASCE/CI
38-
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 35 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
1. Quality Level A SUE services: Level A SUE services shall be considered
supplemental, as an allowance item, and require specific written authorization
by the City prior to performing QL-A SUE services.
Since the exact locations and depths are not known but for budgeting
of
up to 10 feet deep for use within project construction limits. This shall be done
using vacuum excavation or another appropriate technique. The SUE
Engineer will coordinate with applicable parties including one call locates prior
to SUE work. The exact locations and depths of bore holes will be determined
later and be approved by the City. The SUE Engineer shall provide a schedule
and location plan prior to these locates as well as actual fees for this service
prior to it being performed. SUE information shall be documented on the
design plans and provided to the City after completion of the tasks.
As part of the Locating Effort, SUE Engineer will perform the following:
a. Employ vacuum excavation to verify the horizontal and vertical location of
the existing utilities at the locations to be determined later and approved
by the City.
b. Once each utility is located, SUE Engineer will record the utility type, size,
material, depth to top and general direction.
c. Each test hole will be assigned a unique ID number and will be marked
with rebar/cap. Test hole numbers will be painted in the field next to each
completed test hole. A survey lath labeled with the test hole ID number and
other pertinent utility information will be placed at each test hole location.
d. If rock or concrete is encountered during the excavation and SUE Engineer
is not able to excavate through our normal test hole procedures, the City
will be immediately notified of the field condition. Excavation in rock or to a
depth greater than 10 feet is considered beyond the scope of this proposal
and can be estimated for the City on a case by case basis.
e. SUE Engineer will vacuum down to obtain the required information, and
then replace material removed, mechanically-tamped in 6-inch lifts.
Asphalt surfaces will be repaired with asphalt cold patch and concrete
cores will be epoxied back in place, flush with surrounding surface. If
restoration efforts are needed beyond what is described above SUE
Engineer shall be notified in writing prior to mobilizing to the field.
f. Survey the final utility test hole locations according to the project control
once all vacuum excavation field work has been completed.
We do anticipate excavation permits from the City will be required for completion
of test holes on this project.
We do anticipate maintenance of traffic for lane closures and sidewalk closures
will be required for completion of test holes on this project. We have estimated
three (3) days of closures for this project.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 36 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
We do anticipate coring of asphalt/concrete pavement will be required at the five
(5) of the locations within the project.
in any area that possibly are, or may have been contaminated with hazardous
materials at any time.
XII. Public Outreach Support
Prepare exhibits and presentation materials for two (2) Public Meetings / Open
House (30% and 90% design stage). Coordinate with the City on the agenda for
the meeting and give the technical portion of the presentation, if required. The
City will arrange for the venue for public meetings.
XIII. Construction Phase Services
The City intends to use its inspections staff in the daily observation of
-Zollars will
provide engineering and observation services during the construction
implementation phase of the project. This effort may include, but is not limited
to, the following items:
1. Conduct periodic site visits (twice a month) to observe the construction of the
project. Observations are to determine that the workmanship, quality of
materials, and system(s) performance are in general conformance with the
requirements of the plans and specifications. Observation shall be provided
by personnel technically qualified by education and experience to
competently observe such work.
2. Provide a written report on all site visits and submit to the City within 7
calendar days of site visit. Copies shall be submitted in hard copy and
electronic format. Electronic format may be submitted as attachments to e-
mail.
3. Maintain project files, readily accessible to the City, for all construction
drawings, request for information submittals, shop drawings, and any other
documents, correspondence, etc. generated during the term of the project.
4. Review technical submittals, shop drawings, catalog data, laboratory, shop
and mill test reports of materials and equipment for general conformance with
design concepts.
5. Provide independent cost estimates and evaluation of any proposed changes
to the projec
proposal or as requested by the City as a project enhancement/modification.
This will include assisting the City, as requested, with negotiations for any
proposed changes as determined by the City to add value to the project.
6. Upon receipt of notification by the Contractor that the work or a portion thereof
as specified in the contract documents has been completed, Huitt-Zollars and
the City shall conduct an inspection, performed by the appropriate members
of his staff and/or affiliates, and shall prepare a list of the items needing
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 37 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
correction. After the Contractor has performed the required corrections
satisfactory to the City, a final inspection will be conducted. Huitt-Zollars shall
accompany the City on the final inspection to assure that the work or portion
thereof has been completed in accordance with the requirements of the
Contract Documents to the City.
7. Huitt--
awings and verify all field changes / adjustments have been
transmitted to the original CADD drawings and are clearly labeled as being
-
with the requirements of the contract documents. Upon satisfaction that all
requirements have been complied with forward electronic files and hard
copies (if required) to the City.
8. Huitt-Zollars shall recommend to the City, once all contract requirements
have been satisfied by the Contractor, that substantial completion has been
obtained.
9. It is intended that the Contractor will provide construction material
engineering testing (CMT).
10. Huitt-Zollars will perform surveying verifications, CMT and other services as
directed by the City.
XIV. As-Built Survey
Upon completion of the project, Huitt-Zollars will prepare Record Drawings,
including field changes by contractor and additionally we will field survey the
following:
1. Top of curbs and gutters of pavement at 50-foot stations (approximately
38,800 feet.
2. Top of rim and flow lines of storm and sanitary sewer manholes
(approximately 40)
3. Top and flow lines of drainage culvert headwalls (approximately 40)
4. Top and flow lines of inlets (approximately 57)
END OF SCOPE OF SERVICES
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 38 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
ATTACHMENT B
COMPENSATION
BASIC SERVICES
I. Final Design $ 877,000 Hourly
II. Bidding and Recommendation $ 22,400 Hourly
Total Basic Services $ 899,400 NTE
SPECIAL SERVICES
Surveys $ 59,900 Hourly
I.
Drainage Analysis $ 33,800 Hourly
II.
Traffic Signal Design $ 89,100 Hourly
III.
Traffic Warrant Evaluation $ 8,000 Hourly
IV.
Landscape/Streetscape/Irrigation Design $ 49,700 Hourly
V.
Lighting Design $ 41,500 Hourly
VI.
Traffic Control and Phasing Plans $ 123,300 Hourly
VII.
Driveway Turning Movement Counts $ 23,100 Hourly
VIII.
Roundabout Analysis $ 30,000 Hourly
IX.
Environmental Consulting $ 43,100 Hourly
X.
SUE Investigations $ 30,500 Hourly
XI.
Public Outreach Support $ 24,100 Hourly
XII.
Construction Services $ 150,000 Budget
XIII.
As-Built Survey $ 29,700 Hourly
XIV.
Reimbursable Expenses $ 15,000 Hourly
XV.
Total Special Services $ 741,800 NTE
Total Services $1,641,200 NTE
Invoices will be submitted monthly at the agreed Hourly Not to Exceed budget for each
task. Due to the uncertainty of scope of Construction Services and Optional As-Built
Survey, we have provided estimated budgets at this time.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 39 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
ATTACHMENT C
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 40 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
ATTACHMENT D
PROJECT SCHEDULE
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 41 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
ATTACHMENT E
LOCATION MAP
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 42 of 42
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Exhibit
House Bill 89 - Government Code 2270
VERIFICATION
I, _______________________________________________, the undersigned
representative of ______________________________Company or Business name
(hereafter referred to as company), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pursuant to Section 2270.001, Texas Government Code:
1.
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business
purposes; and
2. -profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
affiliate of those entities or business associations that exist to make a profit.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Exhibit
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, ______________________________________________, the undersigned
representative of ________________________________________________
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. I further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Management Department.
___________________________________
Name of Company Representative (Print)
________________________________
Signature of Company Representative
_________________________________
Date
DocuSign Envelope ID: 238736A2-68B6-4898-A89E-48A320092EF6
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 238736A268B64898A89E48A320092EF6Status: Completed
Subject: Please DocuSign: PSA #6590-040 - Mckinney Street Roadway Widening Improvements
Source Envelope:
Document Pages: 46Signatures: 8Envelope Originator:
Certificate Pages: 6Initials: 0Adrian Brown
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)adrian.brown@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Adrian BrownLocation: DocuSign
10/25/2018 10:15:34 AM adrian.brown@cityofdenton.com
Signer EventsSignatureTimestamp
Adrian BrownSent: 10/25/2018 11:23:26 AM
Completed
adrian.brown@cityofdenton.comViewed: 10/25/2018 11:23:39 AM
BuyerSigned: 10/25/2018 11:24:13 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack ReinwandSent: 10/25/2018 11:24:16 AM
mack.reinwand@cityofdenton.comViewed: 10/25/2018 11:30:29 AM
City of DentonSigned: 10/25/2018 11:31:45 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tony SosebeeSent: 10/25/2018 11:31:48 AM
TSosebee@Huitt-Zollars.comViewed: 10/25/2018 2:41:08 PM
Senior Vice PresidentSigned: 10/25/2018 3:34:46 PM
Huitt-Zollars, Inc
Signature Adoption: Uploaded Signature Image
Security Level: Email, Account Authentication
Using IP Address: 199.227.103.242
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/3/2017 3:19:14 PM
ID: 165a96fa-bfc7-4b19-936e-41b6e8cf7d4a
Todd EstesSent: 10/25/2018 3:34:49 PM
Todd.Estes@cityofdenton.comViewed: 11/9/2018 10:32:44 AM
Director/City EngineerSigned: 11/9/2018 10:33:22 AM
Security Level: Email, Account Authentication
Signature Adoption: Drawn on Device
(None)
Using IP Address: 47.190.47.120
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 11/9/2018 10:32:44 AM
ID: 729aa5ac-94dd-4c33-80f8-6cd8305e0f3e
Signer EventsSignatureTimestamp
Tabitha MillsopSent: 11/9/2018 10:33:26 AM
Completed
tabitha.millsop@cityofdenton.comViewed: 11/9/2018 1:17:26 PM
City of DentonSigned: 11/9/2018 1:17:43 PM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd HilemanSent: 11/9/2018 1:17:48 PM
Todd.Hileman@cityofdenton.comViewed: 11/9/2018 2:21:40 PM
City ManagerSigned: 11/9/2018 2:21:48 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 11/9/2018 2:21:52 PM
jennifer.walters@cityofdenton.comViewed: 11/9/2018 3:34:09 PM
City SecretarySigned: 11/9/2018 4:39:56 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 10/25/2018 11:24:15 AM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 11/9/2018 1:17:47 PM
jane.richardson@cityofdenton.comViewed: 11/9/2018 1:19:46 PM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy EventsStatusTimestamp
Jennifer BridgesSent: 11/9/2018 4:39:59 PM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 11/9/2018 4:40:00 PM
jane.richardson@cityofdenton.comViewed: 11/9/2018 5:07:05 PM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chad AllenSent: 11/9/2018 4:40:01 PM
Chad.Allen@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted11/9/2018 4:40:01 PM
Certified DeliveredSecurity Checked11/9/2018 4:40:01 PM
Signing CompleteSecurity Checked11/9/2018 4:40:01 PM
CompletedSecurity Checked11/9/2018 4:40:01 PM
Payment EventsStatusTimestamps
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.
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.