18-1662ORDINANCE NO. 18-1662
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNTCTPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH HALFF ASSOCIATES, 1NC., FOR ARCHITECT OR
ENGINEERING SERVICES FOR THE LOCUST AND ELM STREET WATER, WASTEWATER,
AND DRAINAGE IMPROVEMENTS PROJECT, AS SET FORTH IN THE AGREEMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFQ 6590-041 — PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECT OR ENGINEER SERVICES AWARDED TO HALFF ASSOCIATESry 1NC.,1N THE
NOT-TO-EXCEED AMOUNT OF $837,900).
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:
E TION 1. The City Manager is hereby authorized to enter into an agreement with Halff
.S. C ..�,
Associates, Inc., to provide professional architect or 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 6590-041 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.
I"�� ���ta�i���a°� ��� ������°�v� t�l��� ��o ���r����t��,� was made bY ��� � ��_.. �. . . .. ....m ............... m.�___..,. and seconded by
_°���� ,�� �,������"��� , the ordinance was paW�. �d and approved by the following
+�ca�� �.�'��...� " �"� �; . .
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, At Large Place 6:
Aye Nay
PASSED AND APPROVED this the �'„ ��,�_
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,. � ���
� `"�
� �
•�u ���� � �
BY. ���
" ��:. ��� �
�� � �. .�� �_ ' °�� _�-
�� �
��� �
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
�''��� �� �� �` ,.,�d►it,t �
ZY: .� � fi � w� �w � � �,
w__________ �.._.�� ............................�..__..�_�..._____s.
Abstain Absent
��,a
�-
.��. °��.
day of .. .������� �""�" �� ��.�m: , 2018�
��� ........ � �... �....
�� ������"�a_ �� � �, ''ti � �,��`"�
� �� �� �
. ... . .. ...... .. .. . . . . . . .. ..-- -- �---�—
____m._..
�ryI����� ,�.�.,"T,��, MAYOR
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ
CźƌĻ bğƒĻ
tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ
/źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ
tźŭŭǤ .ğĭƉ hƦƷźƚƓ
/ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ
hƩķźƓğƓĭĻ
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
FILE 6590-041
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Halff Associates, Inc. with its corporate office at: 1201 North Bowser Road,
Richardson, TX 75081 and authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Locust Street and Elm Street Water, Wastewater and
Drainage Improvement Project (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 $837,900.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment D.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 1 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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,
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 3 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
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 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(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
-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,
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 6 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. 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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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 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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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.
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
igence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 11 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(2) 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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE EN
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER
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.
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 AGREEMENT, ENGINEER certifies
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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
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.
effective on the date
subscribed by the City Manager.
BY: BY:
CITY OF DENTON, TEXAS ENGINEER
Halff Associates, Inc.
City Manager Ben McGahey Title
Date:__________________ Date:____________________________
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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 17
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
ATTACHMENT A SERVICES
Locust Street and Elm Street
Water, Wastewater and Drainage Improvements
from W. University Drive (US 380) to Hickory Street
North Pecan Creek and Pecan Creek Drainage Study Phase I and II
This Attachment A defines the services Halff Associates, Inc. will perform as part of
the Locust Street and Elm Street Water, Wastewater and Drainage Improvements, North
Pecan Creek and Pecan Creek Drainage Study Phase I Projects. The utility relocation
project is to precede the TxDOT street resurfacing projects for these streets. The project
limits for each project are between West University Drive (US 380) and Hickory Street in
downtown Denton. Halff will provide water and sanitary sewer design in accordance
with the City of Denton Water and Wastewater Criteria Manual October 24, 2017.
The North Pecan Creek and Pecan Creek drainage study phase I is also to precede the
TxDOT street resurfacing projects. The study is to assess the current level of services for
the existing drainage structures and evaluate potential improvements to the level of
service that could be constructed in conjunction with the utility improvements and
roadway overlays. Phase one of this study will focus on the drainage evaluation and
alternative sizing of two (2) cross structures at Elm Street and Locust Street along North
Pecan Creek and one culvert at Elm Street and Locust Street along Pecan Creek. The
hydrologic study and limited detail routing model will include the drainage area
contributing to these crossing locations, including two detention structures in the upper
headwaters. The hydraulic study will consider the area immediately upstream and
downstream of the structure locations necessary to evaluate downstream backwater
effects and evaluate the hydraulic capacity of the structures.
The second phase of the drainage study will focus on the detailed watershed study for
master planning along North Pecan Creek and Pecan Creek. The hydrologic study and
detailed routing model will include the drainage area contributing to Woodrow Lane,
including two detention structures in the upper headwaters. The hydraulic study includes
approximately 6.2 stream miles of detailed study extending from the downstream limits
at Woodrow Lane upstream to the North Lakes ponds near Bonnie Brae Street and
Windsor Drive.
The detailed scope of the project follows.
Locust Street and Elm Street Water and Wastewater Relocations
The City of Denton provided the following information:
1.Phase 2&3 Locust Utility Relocations Water and Sanitary Sewer Improvements
January 2015 90% plans in PDF and Autocad formats.
2.Locust Street and Elm Street survey files in Autocad format dated 2013.
3.Survey points and control files dated 2013.
Attachment A Services Page 1 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
Halff will provide the following services:
I.Surveying. The Consultant shall provide surveying services, which, in general,
may be defined as normal services applicable to a project of this type. Halff will
use the 2013 surveys provided and supplement the information as necessary. The
following will also apply.
1.Horizontal Control and Vertical benchmarks shown in the 2015 plans shall be
verified. Halff will reestablished any missing or damaged points such that all
points of construction shall be within 500 feet of a benchmark. Benchmarks
should not be subject to loss during construction. Fire hydrants and similar
appurtenances are not to be used for benchmarks.
2.Halff will review the surveyed area. Topographic features not included in the
2013 survey will be surveyed along with any other features needed for design,
review, permitting, construction and inspection of the project. Coverage will
extend beyond the proposed rights-of-way far enough to integrate the design
with the adjacent property features, including driveways and walkways.
3.Existing property corners, iron pins, etc. will be tied only if visible in the field
during the survey. All utility work will be conducted within the street right of
way. No right of way acquisition is anticipated so Halff will use Denton
County Appraisal Data and property lines provided by the City to illustrate
individual properties on the plans.
II.Subsurface Utility Engineering.
Halff will perform SUE in accordance with ASCE CI/ASCE 38-02 Standard
Guideline for the Collection and Depiction of Existing Subsurface Utility Data.
This standard defines the following Quality Levels:
Quality Level A: Precise horizontal and vertical location of utilities obtained
by the actual exposure (or verification of previously exposed and surveyed
utilities) and subsequent measurement of subsurface utilities, usually at a
specific point. Minimally intrusive excavation equipment is typically used to
minimize the potential for utility damage. A precise horizontal and vertical
location, as well as other utility attributes, is shown on plan documents.
Quality Level B: Information obtained through the application of appropriate
surface geophysical methods to determine the existence and approximate
horizontal position of subsurface utilities. Quality Level B data should be
reproducible by surface geophysics at any point of their depiction. This
information is surveyed to applicable tolerances defined by the project and
reduced onto plan documents.
Attachment A Services Page 2 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
Quality Level C: Information obtained by surveying and plotting visible
above-ground utility features and by using professional judgment in
correlating this information to Quality Level D information.
Quality Level D: Information derived from existing records or oral
recollections.
Halff will perform the following SUE services:
1.Locating (Vacuum Excavation) Level A. Up to twenty five (25) test holes
will be performed on various subsurface utilities at locations agreed to by the
City and Halffs Design Engineer. Halff will dig an 8 x 8 test hole, record
the depth, backfill and compact the hole, and restore the surface to its original
condition. An iron rod with cap or x-cut will be set to mark the location of
the test hole.
Halffs services will be performed in a manner consistent with that degree of
skill and care ordinarily exercised by members of the same profession
currently practicing under similar circumstances. Halff will make a good faith
effort to locate all utilities but shall be compensated for work performed even
if the utility is not located.
2.Designating Level B. Halff will designate toneable subsurface utilities
using geophysical prospecting equipment and mark with paint and/or pin flags
within the Locust Street and Elm Streets rights of way between West
University Drive and Hickory. We anticipate designating telephone, cable
TV, electric, gas, water, wastewater and storm sewer.
Designating irrigation lines, HDPE lines, gathering lines, asbestos concrete
and/or pvc lines, as well as pvc lines without tracer wire or access is not
included in this Work Authorization. Because of limited record information,
Halff cannot guarantee that all utilities will be found and marked on the
project.
3.Surveying Level C. The designating work (paint marks, pin flags, and all
above ground utility appurtenances) and locating work (iron rod with cap or
x-cut) will be surveyed and tied to the project survey control. The survey
control and base / seed file will be provided to Halff by the City.
4.Records Research Level D. Available Records will be provided to Halff by
the City. Halff will perform additional record research as needed to
successfully complete the project.
5.SUE Field Manager / Professional Engineer. A SUE Field Manager will be
on-site for a portion of this project for field crew supervision, field quality
control, and coordination with on-site personnel. A Professional Engineer
Attachment A Services Page 3 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
will be responsible for QA/QC, management of the contract, and coordination
with the project team.
6.SUE Deliverables / CADD. Deliverables for the designating work will
include an electronic file (Microstation and/or AutoCAD format) containing
the horizontal locations of the utilities. The utilities will be overlaid onto the
base / seed file provided by the City and/or Halffs Design Engineer.
A Test Hole Data Form will be completed and submitted to the City for each
hole performed indicating depth, size, and material of utility. Electronic files
will also be provided in Microstation and/or AutoCAD format along with
PDFs.
7.Traffic Control. Halff will provide routine/ordinary temporary work zone
traffic control consisting of cones and free-standing signage for this project. It
does not include lane closure(s), flag person(s), arrow board(s), changeable
message board(s), or the preparation of engineered traffic control plans. If
unique or additional traffic control situations are required, Halff will prepare a
Supplemental Agreement and submit for approval to the City.
III.Construction Documents. The Consultant shall develop construction plans,
specifications, and estimates of probable construction cost for review, permitting,
bidding, construction, inspection and record keeping. In general, construction
plans shall be consistent with normal practice for projects of this nature. The
design of the project shall be in general accordance with the City of Denton Water
and Wastewater Criteria Manual, Denton ordinances, Denton standard details, and
good engineering practices.
Locust Street Construction Documents shall be prepared and submitted at the
90% milestone. Halff will use the 2015 plans set as a guide to prepare the
construction plans. After City review, Halff will prepare the 100% plans for final
review followed by the signed and sealed construction plans.
Elm Street preliminary water and wastewater plans shall be prepared and
submitted at the 30% milestone. Final water and wastewater documents shall be
prepared and submitted at the 90%, 100%, and construction milestones. Also, the
Consultant may submit plan sheets or working drawings to the City for review
and comment to reduce the number of revisions that otherwise would be required.
During development of the plans, the Consultant shall attend meetings as needed.
These meetings will include a project Kick Off Meeting at the beginning of the
project and review meetings following each submittal. The Consultant shall, in
company with the City, perform at plans-in-hand reviews at the 30%, 90%, and
100% submittals.
The construction documents will consist of numerous sheets ordered as follows:
Attachment A Services Page 4 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
1.Title Sheet . The title sheet shall include a location map drawn to a scale of 1
= 1000, approximately ten inches square. It shall also include a sheet index
with drawings numbered consecutively and without subscripts. Additionally,
the title sheet shall show the project name, project number, date, City logo,
Consultants name, address, and telephone number and other items as may be
specified.
2.Project Layout Sheet(s). The project layout sheet(s) shall be drawn to a scale
of 1 = 200 and laid out with the north arrow up on the sheet. The purpose of
the project layout is to depict the project in a simplified view. Major items of
work should be shown without excessive detail. This sheet(s) may include a
listing of abbreviations, legend, general notes, and key map.
3.Typical Sections. Typical sections shall be drawn to scales of 1 = 5 h and
1 = 2 v and shall depict a view looking north or east. As a minimum, typical
sections are to be drawn showing the relationship of the existing and proposed
storm drain, sanitary sewer and water lines to existing street and right of way
features. Typical sections should include existing roadways, utilities, right-of-
way lines, etc., along with all proposed improvements and should depict all
significant items of work. Each section should extend beyond the easement
and rights-of-way a sufficient distance to clearly show the relationship
between the proposed improvements and the existing properties.
4.Storm Drain Construction Plan Preparation. Halff will prepare the
construction plans necessary to replace the existing culverts and storm drain
laterals in Locust Street and Elm Street in accordance with the Phase I report
recommendations. Halff will prepare drainage area maps, culvert and lateral
plan and profile sheets, and associated calculations. The storm drain
improvements will be included in the water and wastewater relocation plans.
Halff will review City of Denton Stormwater Design Criteria Manual, March
20, 2018 and the TxDOT Hydraulic Design Manual. The storm drain design
will be based on the more stringent of the two.
a.Drainage Area Maps Halff will prepare the drainage area maps using
an appropriate engineering scale. The maps will be based on available
existing aerial topography and images.
b.Drainage Plan and Profile sheets Halff will prepare the plan and
profile sheets consistently with the water and sanitary sewer sheets
described above.
c.Since the street section and grades are not changing, some of the
recommended criteria in the drainage criteria manuals may not be
achievable. If this is the case, Halff will provide recommendations on
improvements that meet the criteria and project budget to the greatest
extent possible.
Attachment A Services Page 5 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
5.Stormwater Management Site Plan and Stormwater Pollution Prevention Plan
(SWMSP) Permanent and Temporary Controls. Halff will prepare the
stormwater management site plan identifying the permanent erosion and
sediment control best management practices (BMP) in accordance with city
ordinance, state regulations, and federal standards. The SWMSP will be
coordinated with the drainage plans and included on the drainage construction
plans and details. Halff will also prepare the temporary construction erosion
and sediment control sheet to identify the temporary BMPs and locations for
erosion and sediment control during construction. This plan will be suitable
for the construction Contractor to insert in his Stormwater Pollution
Prevention Plan (SW3P). This proposal does not include complete SW3P
preparation for construction.
6.Traffic Control Sheets. Halff will prepare traffic control sheets in accordance
with the Texas Manual on Uniform Traffic Control Devices (MUTCD) and
TxDOT standards. The sheets will indicate advanced signage and detailed
detours, lane closings, and other traffic modifications necessary for the
construction and TxDOT review of the project.
7.Bypass Pumping Plans. Halff will prepare the necessary bypass pumping
plans to provide direction of handling wastewater during construction of lines
conflicting with existing wastewater lines. The city shall provide the
necessary flow data or estimates of flow for the construction documents.
8.Plan and Profile Sheets. Plan-profile sheets shall be arranged from south to
north and from west to east, with the north arrow up or to the right on the
sheet. Plan-profile sheets shall be drawn to scales of 1 = 20 h or 1 40 h
and 1 = 4 v. Stationing shall be from south to north or west to east with the
beginning station being set at approximately 1+00 or coordinated with the
existing water and wastewater plans. The plan and profile station should align
vertically on the sheet with the proposed centerline drawn parallel to the
profile grid. When there is a centerline curvature, the plan-profile should be
drawn so that as much of the plan view is in alignment as possible. Plan-
profile sheets shall depict all existing and proposed items pertinent to the
project.
9.Detail Sheets. The Citys standard drawings may be used as a beginning point
in developing standard details for this project. They shall be reviewed and
modified for this project as necessary. Where other agency standards are
used, they shall be reduced as necessary to fit on the Citys standard sheet
format with complete title block.
10.Prints. The Consultant shall provide prints and electronic .pdf files of
construction plans for review and permitting. Three sets of plans will be
submitted to the City for each review stage. The Consultant will provide
Attachment A Services Page 6 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
utility companies with copies of 90% and 100% plans for review. The City
will run prints or provide electronic copies for bidding and construction.
11.General. Construction plans shall be developed on electronic files compatible
with the Citys CADD system, AutoCAD R14 or higher. The Citys standard
format shall be used. All review prints shall be furnished on 22 x 34 sheets.
Construction plans shall be suitable for half-scale reduction and shall be
provided as follows: two full size sets (22x34) and four half sized
(11x17) sets of paper originals.
12.Specifications and Estimates. The Consultant shall prepare technical
specifications required for bidding and constructing the project. Only
specifications amending, or supplementing COG specifications need be
furnished. Under this section, the Consultant shall also provide a listing of bid
items with quantities and construction cost estimates. Specifications, bid
items and quantities shall be furnished on hard copy and by electronic file.
Halff will also prepare estimates of probable construction cost at each
milestone submittal. The estimates will be based on the latest TxDOT unit
prices and unit prices obtained from similar municipal projects.
IV.Bidding, Construction, Closure.
1.Bidding. During the bidding phase, the Consultant will assist the City by
addressing technical questions and preparing draft addenda for issuance by the
City. The Consultant will attend one pre-bid meeting. The Consultant will
assist the City in evaluating bids, attend the bid opening, and prepare the bid
tabulation.
2.Construction. The Consultant will attend the pre-construction meeting. Halff
will also address contractor requests for information, review submittals, and
answer questions during construction. The Consultants design engineer
and/or project manager shall visit the site at least once per calendar month to
evaluate the general progress of the construction. This proposal assumes 6
site visits will be conducted. Monthly reports shall be prepared and forwarded
to the City outlining any deviations noted from the requirements of the
contract documents. The Consultant will not be responsible for the
contractors work, nor shall the Consultant be required to perform inspection
services. The Consultant shall assist the City in the preparation of field
changes and/or change orders which may become necessary for the orderly
completion of the project. The Consultant shall assist the City in performing a
final walk-through inspection and prepare a written final punch list.
3.Closure. The Consultant shall prepare as built plans, incorporating all
changes provided by the Contractor and known variations to provide the City
the best possible set of record drawings. The final record drawings shall be
Attachment A Services Page 7 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
furnished on mylar, of the same specification as provided for in the
Agreement and on CD.
Locust Street and Elm Street North Pecan Creek and Pecan Creek Drainage Study
Phase I
V.Study Management and Coordination
a.Halff will attend an initial kickoff meeting to discuss the project.
b.Halff will provide a proposed schedule at the beginning of the study and
keep the City informed on any necessary updates to the schedule
throughout the project.
c.Halff will be available to attend a meeting with the City to discuss the
existing conditions modeling and alternative evaluation options.
d.Halff will be available to attend a meeting with the City to discuss the
results of the alternative evaluations and assist in the selection of the
preferred drainage option.
e.Deliverables
i.Documentation
ii.Project Schedule
iii.Support Data Relevant meeting notes and email correspondence,
project status updates, and action items/follow-up for Halff.
iv.Monthly Progress Reports
VI.Data Collection and Evaluation
a.Halff will be allowed to utilize existing City models, topography/terrain
data, reports, applicable memorandums, shapefiles, and survey data related
to the project.
b.Denton will provide available record drawings of storm drain
infrastructure and drainage structures for the watershed area.
c.Denton will provide historical flooding information and available drainage
complaints for affected properties in the study area.
d.Denton will be asked to request flood claims data from the TWDB to
assist in the assessment of existing flood risk and confirmation of model
results. Halff will prepare a draft request for the Citys consideration, if
needed.
e.Halff will use the provided information and terrain data as part of the base
model data.
f.Halff will identify and collect some supplemental field measurements for
conceptual analysis, if needed. Survey will not be included in this scope
of work.
g.Halff will visit the site and watershed area to make general observations
and to take photos for reference.
h.Halff will develop a base map of existing conditions from the data
collected in the phase, to utilize for the evaluation of existing level of
service and for the alternatives analysis.
Attachment A Services Page 8 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
VII.Evaluation of Existing Conditions
a.Upon completion of the field surveys and site observations, Halff will
evaluate and verify existing data provided versus actual conditions in the
field.
b.Hydrology - Halff will evaluate existing conditions hydrology utilizing
SCS Curve Number. Hydrology parameters will be prepared for curve
number, impervious percentage, and time of concentration.
c.Detention ponds Two primary detention ponds will be evaluated in the
upper watershed extents as part of the hydrologic evaluation.
d.Hydraulics Halff will evaluate existing conditions hydraulics utilizing
the most current version of USACE HEC-RAS at time of contract.
Hydraulic extents will be limited the areas immediately upstream and
downstream of the existing structures and will only extend far enough to
complete a level of service analysis of the structures, as determined by the
engineer.
e.Halff will simulate the 10-, 50-, 100, and 500-year storm flows.
f.Halff will identify homes or properties that may be subject to flooding up
to the 100-year event.
g.Floodplain mapping will be provided for the 100-year and 500-year
modeled events for the limits of detailed hydraulic analysis.
h.Deliverables
i.Documentation
ii.Any relevant correspondences, discussions, and technical decisions
regarding the analysis of the current drainage system
iii.Internal quality assurance/quality control documentation
iv.Hydrologic Model results
v.Hydraulic Model results
vi.Floodplain mapping and identification of impacted structures
vii.Digital Data
viii.Hydrologic and Hydraulics Models: HEC-HMS and HEC-RAS
VIII.Alternatives Analysis
a.Halff will prepare up to two (2) alternatives that focus on reduction of
flooding impacts and that do not increase flooding downstream or on
adjacent property owners. Generally, these alternatives may include a
combination of increased cross drainage structures, channel resizing, and
parallel drainage systems. Property acquisition may need to be considered
for some of the alternatives.
b.The routing model will be based on approximate structure sizes based on
record drawings, field measurements, and/or effective models.
c.The initial alternatives will be conceptual in nature for consideration by
the City.
d.Alternatives will consider constraints of residential properties located
close to existing channel.
e.Halff will identify potential utility conflicts or site conditions that may
have an impact on design and construction.
Attachment A Services Page 9 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
f.The alternative selected in coordination with the City will be finalized and
prepared for design
g.Deliverables
i.Documentation
ii.Any relevant correspondences, discussions, and technical decisions
regarding the alternatives analysis
iii.Internal quality assurance/quality control documentation
iv.Model results comparisons
v.Floodplain mapping for alternatives
vi.Digital Data
vii.Hydrology and Hydraulics Model: HEC-HMS and HEC-RAS
IX.Report Preparation
a.Halff will include information gathered in previous tasks and prepare a
drainage report.
b.The report will include information on the technical data used for the
study, the evaluation of existing conditions, and the alternatives analysis.
Associated figures, tables, and models will be included with the report.
c.Halff will include estimates of probable construction costs for alternatives.
Only the final selected alternative will include a full detailed cost estimate.
d.Halff will provide recommendations on the proposed project and
considerations that need to be made regarding design and construction of
the recommended project.
e.Halff will address comments from the City upon completion of the review
of the report.
f.Deliverables
i.Documentation
ii.Report documentation, including tables, figures, and digital
models.
iii.Internal quality assurance/quality control documentation
iv.Digital Data
v.Digital models, shapefiles, and report in PDF format
PHASE 2 NORTH PECAN CREEK AND PECAN CREEK WATERSHED
STUDY
The purpose and goal of the study is to update the existing conditions detailed hydrologic
and hydraulic information and evaluate potential flood mitigation improvements in the
watershed for master planning. The Elm/Locust Drainage Study Phase 1 improvements
will be evaluated in conjunction with other watershed improvements.
A detailed scope for the drainage study with specific tasks and associated deliverables are
discussed in the following scope of services.
X.Project Management
a.Halff will attend an initial kickoff meeting to discuss the project.
Attachment A Services Page 10 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
b.Halff will provide a proposed schedule at the beginning of the study and
keep the City informed on any necessary updates to the schedule
throughout the project.
c.Halff will be available to attend a meeting with the City to discuss the
existing conditions modeling and alternative evaluation options.
d.Halff will be available to attend a meeting with the City to discuss the
results of the alternative evaluations and assist in the selection of the
preferred drainage option.
XI.Data Collection and Evaluation
a.Halff will utilize the data collection and evaluation from the Elm/Locust
Drainage Study.
b.Field surveys of the 35 identified structures within the detailed study
limits.
c.Deliverables:
i.Documentation
ii.Project Schedule
iii.Support Data Relevant meeting notes and email correspondence,
project status updates, and action items/follow-up for Halff.
iv.Monthly Progress Reports
XII.Evaluation of Existing Conditions
a.Upon completion of the field surveys and site observations, Halff will
evaluate and verify existing data provided versus actual conditions in the
field.
b.Hydrology - Halff will utilize existing hydrology models prepared as part
of the Elm/Locust Drainage Study and supplement with more detailed
routing model information.
c.Detention ponds Incorporate detailed surveys for a storage evaluation of
the existing ponds.
d.Hydraulics Halff will evaluate existing conditions hydraulics utilizing
the most current version of USACE HEC-RAS at time of contract.
Hydraulic study extents include approximately 6.2 stream miles of
detailed study extending from the downstream limits at Woodrow Lane
upstream to the North Lakes ponds near Bonnie Brae Street and Windsor
Drive.
e.Halff will simulate the 10-, 50-, 100, and 500-year storm flows.
f.Halff will identify homes or properties that may be subject to flooding up
to the 100-year event.
g.Floodplain mapping will be provided for the 100-year and 500-year
modeled events for the limits of detailed hydraulic analysis. Preliminary
mapping of the 10-year and 50-year events can be provided for evaluation
of alternatives but will not be cleaned to the typical FEMA standards.
h.Deliverables:
i.Detailed surveys of cross-drainage structures in the watershed.
Attachment A Services Page 11 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
XIII.Alternatives Analysis
a.Halff will prepare up to five (5) alternatives that focus on reduction of
flooding impacts and that do not increase flooding downstream or on
adjacent property owners. Generally, these alternatives may include a
combination of increased cross drainage structures, channel resizing,
detention, and parallel drainage systems. Property acquisition may need to
be considered for some of the alternatives.
a.Floodplain mapping of alternatives will be provided in a coarse format
that is typical for alternative comparison. The floodplain mapping will not
be appropriate for FEMA submittal without further refinements.
b.The initial alternatives will be conceptual in nature for consideration by
the City.
c.Alternatives will consider constraints of residential properties located
close to existing channel.
d.Halff will identify potential utility conflicts or site conditions that may
have an impact on design and construction.
e.Deliverables:
i.Documentation
1.Any relevant correspondences, discussions, and technical
decisions regarding the analysis of the current drainage
system
2.Internal quality assurance/quality control documentation
3.Hydrologic Model results
4.Hydraulic Model results
5.Floodplain mapping and identification of impacted
structures
ii.Digital Data
1.Hydrologic and Hydraulics Models: HEC-HMS and HEC-
RAS
XIV.Report Preparation
a.Halff will include information gathered in previous tasks and prepare a
drainage report.
b.The report will include information on the technical data used for the
study, the evaluation of existing conditions, and the alternatives analysis.
Associated figures, tables, and models will be included with the report.
c.Halff will include estimates of probable construction costs for alternatives.
d.Halff will provide recommendations on the proposed projects and
considerations that need to be made regarding potential design and
construction.
e.Halff will address comments from the City upon completion of the review
of the report.
f.Documentation
i.Report documentation, including tables, figures, and digital
models.
ii.Internal quality assurance/quality control documentation
Attachment A Services Page 12 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
g.Digital Data
i.Digital models, shapefiles, and report in PDF format
XV.Reimbursable. Reimbursable costs include printing, deliveries, mileage, and
other direct costs associated with the project. Reimbursable costs are included in
the items described above.
XVI.Miscellaneous. Miscellaneous services not provided for herein and not generally
associated with a project of this type will be paid for under an amendment to this
Agreement and for an additional fee. These services include but are not limited
to:
1.TxDOT utility permit preparation
2.Level A SUE services
3.Geotechnical investigations
4.Water or wastewater flow calculations or estimations.
5.Storm drain and culvert replacement/repair construction documents.
6.Construction plans for roadway
7.Traffic signal design
8.Traffic studies
9.Street lighting design
10.Sidewalk and pedestrian facility design beyond that described above
11.TDLR permitting
12.Public meetings
13.Landscape and irrigation design
14.FEMA coordination with CLOMR, LOMR, etc.
15.Detailed drainage analysis of overflow areas, weirs, or 2-dimensional
modeling.
16.Elevation certificates
17.Hydraulic floodway analysis
18.Filing fees and permitting fees
19.Sales tax
20.Quality control and material testing serviced during construction
21.Construction inspection
22.Additional surveying not listed including verification surveys, construction
staking, and detailed survey of cross-drainage structures in the watershed.
23.Review of Engineers certificates. The Engineer shall not be required to
execute any documents subsequent to the signing of this Agreement that in
any way might, in the sole judgement of the Engineer, increase the Engineers
risk of the availability or cost of his or her professional or general liability
insurance.
Attachment A Services Page 13 of 13
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
ATTACHMENT B COMPENSATION
Locust Street and Elm Street
Water, Wastewater and Drainage Improvements
From W. University Drive (US 380) to Hickory Street
North Pecan Creek and Pecan Creek Drainage Study Phase I and II
The estimated fees for the items established above shall be considered cost plus max time and
material estimates and will be invoiced monthly based on work completed. Halffs fee schedule
is included for reference at the end of this sections. Reimbursable costs include printing,
deliveries, mileage, and other direct costs associated with the project. The fee summary below
itemizes the fees for each task.
FEE SUMMARY
Locust StreetElm StreetTOTALDrainage Study
WastewatWastewat
WaterWaterPhase IPhase II
erer
$11,000
ISurvey$2,750 $2,750 $2,750 $2,750
$37,500
IISUE Level A$9,375 $9,375 $9,375 $9,375
$148,200
SUE Level B-D$36,550 $36,550 $37,550 $37,550
Construction
III$0 $0 $17,550 $17,550 $13,500 $48,600
Documents 30%
Construction
$163,400
$30,900 $38,100 $27,600 $34,700 $32,100
Documents 90%
Construction
$66,600
Documents 100% and $14,300 $14,300 $14,300 $14,300 $9,400
Construction
Bidding, Construction,
IV$12,700 $12,700 $12,700 $12,700 $12,700
$63,500
Closure
Study Management
$16,100
V & X$3,500 $12,600
and Coordination
$32,900
VI & XIData Collection$4,800 $28,100
VII & Evaluation of Existing
$127,200
$17,200 $110,000
XIIConditions
VIII &
$78,100
Alternatives Analysis$12,900 $65,200
XIII
IX &
Report Preparation$8,600 $36,200 $44,800
XIV
TOTAL$106,575 $113,775 $121,825 $128,925 $114,700 $252,100 $837,900
The fees and budgets established above do not include City and State Permit fees.
The fees and budgets established above do not include revisions once the design is underway. If
revisions are requested by the owner, a revision to the scope and budget will be required.
Attachment B Compensation Page 1 of 3
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
Miscellaneous Services The fee for additional services not provided herein will be negotiated
based on the scope of work and included in a contract amendment.
RATE SCHEDULE
Labor Category (Specialty):
Architect
Engineer (Civil, Structural, Mechanical, Electrical, Oil & Gas)
Scientist (Environmental and Geological)
Landscape/Planner
Surveyor
Field Tech (Survey, SUE, Environmental & Construction)
Office Tech (CADD, Designer & Surveyor)
Administrative (Accounting, Assistant, Marketing & Human Resources)
Specialist (GIS, ROW, Visualization & IT)
Intern
Billing Rate Range
Labor Category Level
Low High
I 75.00 88.00
II 92.00 126.00
III 149.00 161.00
Architect
IV 199.00 213.00
V 226.00 316.00
I 85.00 110.00
II 107.00 145.00
III 142.00 211.00
Engineer
IV 188.00 239.00
V 232.00 350.00
I 72.00 97.00
II 111.00 128.00
III 138.00 168.00
Scientist
IV 170.00 215.00
V 213.00 350.00
I 72.00 88.00
II 88.00 121.00
Landscape/
III 112.00 152.00
Planner
IV 155.00 200.00
V 215.00 316.00
Attachment B Compensation Page 2 of 3
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
I 92.00 94.00
II 106.00 112.00
Surveyor
III 133.00 142.00
IV 140.00 180.00
I 51.00 69.00
II 65.00 85.00
III 86.00 102.00
Field Tech
IV 116.00 133.00
V 153.00 210.00
I 43.00 69.00
II 69.00 89.00
III 86.00 120.00
Office Tech
IV 112.00 135.00
V 140.00 176.00
I 29.00 69.00
II 67.00 84.00
III 82.00 112.00
Administrative
IV 111.00 137.00
V 148.00 350.00
I 66.00 97.00
II 97.00 133.00
III 124.00 171.00
Specialist
IV 174.00 208.00
V 223.00 324.00
44.00 59.00
Intern
*The above rates are valid for a twelve-month period commencing on execution of the contract.
All rates are subject to annual adjustment which will be submitted to Owner for review no later
than thirty (30) days prior to such escalation becomes effective.
Attachment B Compensation Page 3 of 3
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
Legend
Elm-Locust
Street Phase II
Improvements
City Limits
01,0002,000500
Railroads
Feet
Creeks
1 inch = 1,000 feet
Roadways
Lakes
FLD_ZONE
Zone A
Zone AE
Denton
CONGRESS
W PRAIRIE ST
ATTACHMENT E - LOCATION MAP
ELM AND LOCUST STREET
W. UNIVERSITY DRIVE TO HICKORY STREET
PHASE II - WATER, WASTEWATER AND DRAINAGE IMPROVEMENTS
SEPTEMBER 2018
DocuSign Envelope ID: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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: 26E327E8-BC36-40F6-8F1D-C38F1DCF9CE0
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
Certificate Of Completion
Envelope Id: 26E327E8BC3640F68F1DC38F1DCF9CE0Status: Completed
Subject: City Council Docusign Item - 6590-041
Source Envelope:
Document Pages: 39Signatures: 7Envelope 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
10/11/2018 4:25:34 PM adrian.brown@cityofdenton.com
Signer EventsSignatureTimestamp
Adrian BrownSent: 10/11/2018 4:47:52 PM
Completed
adrian.brown@cityofdenton.comViewed: 10/11/2018 4:48:05 PM
BuyerSigned: 10/11/2018 4:58:43 PM
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: 10/11/2018 4:58:45 PM
mack.reinwand@cityofdenton.comViewed: 10/12/2018 9:54:09 AM
City of DentonSigned: 10/12/2018 9:55:42 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
Ben McGaheySent: 10/12/2018 9:55:45 AM
bmcgahey@halff.comViewed: 10/12/2018 11:03:41 AM
Director of Public WorksSigned: 10/12/2018 11:06:47 AM
Halff Associates, Inc.
Signature Adoption: Drawn on Device
Security Level: Email, Account Authentication
Using IP Address: 107.77.197.27
(None)
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 10/12/2018 11:03:41 AM
ID: c86335ac-be40-47ad-9fce-7fadff84cbbb
Todd EstesSent: 10/12/2018 11:06:49 AM
Todd.Estes@cityofdenton.comViewed: 10/12/2018 11:23:44 AM
Director/City EngineerSigned: 10/12/2018 11:24:49 AM
Security Level: Email, Account Authentication
Signature Adoption: Drawn on Device
(None)
Using IP Address: 174.206.6.11
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 10/12/2018 11:23:44 AM
ID: a159188d-a40d-4584-8d38-7a938d81092c
Signer EventsSignatureTimestamp
Tabitha MillsopSent: 10/12/2018 11:24:52 AM
Completed
tabitha.millsop@cityofdenton.comViewed: 11/7/2018 9:46:36 AM
City of DentonSigned: 11/7/2018 9:52:33 AM
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd HilemanSent: 11/7/2018 9:52:37 AM
todd.hileman@cityofdenton.comViewed: 11/7/2018 10:50:49 AM
City ManagerSigned: 11/7/2018 10:50:55 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 47.190.47.120
(None)
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 11/7/2018 10:50:58 AM
jennifer.walters@cityofdenton.comViewed: 11/8/2018 1:31:07 PM
City SecretarySigned: 11/8/2018 1:31:33 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: 10/11/2018 4:58:45 PM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 11/7/2018 9:52:36 AM
jane.richardson@cityofdenton.comViewed: 11/7/2018 10:56:03 AM
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: 11/8/2018 1:31:36 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: 11/8/2018 1:31:37 PM
jane.richardson@cityofdenton.comViewed: 11/9/2018 3:29:31 PM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael SmithSent: 11/8/2018 1:31:38 PM
Michael.Smith@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted11/8/2018 1:31:38 PM
Certified DeliveredSecurity Checked11/8/2018 1:31:38 PM
Signing CompleteSecurity Checked11/8/2018 1:31:38 PM
CompletedSecurity Checked11/8/2018 1:31:38 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.