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22-2303ORDINANCE NO. 22-2303 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH FLALFF ASSOCIATES, INC., FOR THE DESIGN OF THEWESTGATE DRIVE RECONSTRUCTION PROJECT FOR THE CAPITAL IMPROVEMENTS DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-011 –PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO HALFF ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $1,144,280.00). WHEREAS, on May 18, 2021, the City Council approved a pre-qualified professional engineering list (Ordinance 21-894); and WHEREAS, 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, this procurement was undertaken as part of the City’s governmental function;and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with Halff Associates, Inc., for the design of the Westgate Drive Reconstruction Project for the Capital Improvements Department, a copy of which is attached hereto and incorporated byreference herein. SECTION 2. The City Manager, or their designee, 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 this ordinance to the City Manager of the City of Denton, or their 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 andapproval. The motion tLapprove this o.rdinance was made by q r fan beak andseconded by JeSSe thU b . This ordy the following vote n - a Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : Brian Beck, District 2: /ZL/ L/ b/\/a Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the \& day of UWe,r,her 2022 MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\\\11111111 /dang',££;/7 J APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o,I mon.corrTtaJF––-–Date: 2022.1 1.01 17:27:29 JUL ==en@citMd -05'OO' ,„ \x#,Wcalt\ DocuSign Envelope ID: 62A3EA57-42Bl-4BF8-9930-9C88902B15F2 DENTON Docusign City Council Transmittal Coversheet 7599-011PSA File Name I Westgate DrIve ReconstructIon DesIgn PurchasingC:or,tact c '’i p '"'‘ City Council Target Date NOVEMBER 15’ 2022 Not Applicab1 ePiggy Back Option Contract Expiration Ordinance N/A 22-2303 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality("CITY"), and Halff Associates, Inc., with its corporate office at1201 NQrth B'wser Rd, RlchardsQn , T)and authorized to do business in Texas, ("ENGINEER"),for a PROJECT generally described as: Westgate Drive Reconstruction Project (the"PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Exhibit A. These services shall be performed in connection withthe PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by ENGINEER or its consultants, subcontractors and/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 resultingfrom oral orders of any person. SECTION 2 Compensation and Term of Agreement A.The ENGINEER shall be compensated for all services provided pursuant to thisAGREEMENT in an amount not to exceed $1,144,280 in the manner and in accordance with the fee schedule as set forth in Exhibit B. Payment shall beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Exhibit 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 continuefor 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 tocompletion as described in the PROJECT schedule as set forth in Exhibit A. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 1 of 17 DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 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 setforth in Exhibit A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of anybalance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) in the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITYwill exercise reasonableness in contesting any bill or portion thereof. No 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 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative underthis AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similarcircumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent engineer. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 2 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity forsubcontract 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 Exhibit A. (2) in soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties insubsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of theENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink onreproducible 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 anymanner 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 CITYand/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means,techniques, sequences, and procedures necessary for coordinating andcompleting all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority toexercise any control over any construction contractor or other entity or theiremployees 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 inExhibit A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progressor quality of the completed work on the PROJECT or to determine, in general, ifthe work on the PROJECT is being performed in a manner indicating that the City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 3 of 17 DocuSign Envelope ID: 62A3EA5742Bl-4BF8-9930-9C88902B15F2 PROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon suchcertification to establish materials, systems or equipment and 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 currentavailable information at the time of preparation, in accordance with Exhibit 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; andother economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility,or schedules will not vary from the ENGINEER's opinions, analyses, projections,or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progresspayments to the construction contractor will be based on the ENGINEER's knowledge,information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent thatcontinuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that theENGINEER 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, orencumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 4 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiledand furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advancenotice 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 CITYshall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy anydirectly pertinent books, documents, papers and records of such subconsultant,involving transactions to the subcontract, and further, that the CITY shall haveaccess during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as ofthe time copying is performed. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 5 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 J. INSURANCE (1) ENGINEER’S INSURANCE a.Commercial General Liability – the ENGINEER shall maintaincommercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial GeneralLiability insurance contains a general aggregate limit, it shall applyseparately to this PROJECT or location. i.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall applyas primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The CommercialGeneral Liability insurance policy shall have no exclusions orendorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, oradvertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. 11.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 inaccordance with this AGREEMENT. b.Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If theengineer owns no vehicles, coverage for hired or non-owned isacceptable. 1.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEERpursuant to this AGREEMENT or under any applicable autophysical damage coverage. c. Workers’ Compensation – ENGINEER shall compensation and employers liability insurance City of Denton. TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 6 of 17 maintain workers and, if necessary, DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00each 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 theextent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained byENGINEER 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 andaggregate. 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 yearsfollowing the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted tothe 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 itsexecution . b.Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as itsinterests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contractedservices. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policiesdocumented thereon. d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance requirements. e.A minimum of thirty (30) days notice of cancellation or material change incoverage 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 sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State of City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 7 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 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 strengthand solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 thatwould 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. TheCITY, at it sole discretion, may consent to alternative coveragemaintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY h. Applicable policies shall each be endorsed with a waiver of subrogationin 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 includingendorsements 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 aclaims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shallstate 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 orchanges from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained afterfinal payments. 1.The CITY shall not be responsible for the direct payment of anyinsurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. Whensub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on acertificate 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 superiorshall not apply. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 8 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 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 financialinterest, 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 thesigning 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 PROJECTto permit testing and evaluation. (2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published designcriteria and/or current engineering practice standards which the ENGINEER should havebeen 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 designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed perExhibit A to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall 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 subjectedto discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 9 of 17 DocuSign Envelope ID: 62A3EA57-42BIJtBF8-9930-9C88902B15F2 ENGINEER’s agents shall not engage in any discriminatory employmentpractice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for theENGINEER'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 theCITY's facilities as may be required in connection with the ENGINEER’s services. TheCITY 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, andpay 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 theENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurancecounselor, 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 ExhibitA E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes orbecomes aware of any development that affects the scope or timing of the ENGINEER'sservices 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 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 10 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 materials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance,contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E.regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor’s negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materialssuppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, andsubcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITYwill be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity orperson regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide ENGINEER a copy of the City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 1 1 of 17 DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 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 requestedassistance 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, thisAGREEMENT 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 thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required forperformance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of awritten Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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 ofGod, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for itsENGINEER. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 12 of 17 convenience upon 30 days' written notice to DocuSign Envelope ID: 62A3EA57dj2B14BF8-9930-9C88902B15F2 b.by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and thenonperforming party does not commence correction of suchnonperformance 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, theENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specificationsor other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document thework underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to theCITY an itemized statement of all termination expenses. The CITY'S approvalwill be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for theconvenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of theENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMiTrED BY THE ENGINEER OR ENGINEER’SAGENT. CONSULTANT UNDER CONTRACT. OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXrENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 13 of 17 DocuSign Envelope ID: 62A3EA57J12Bl'+BF8-9930-9C88902B15F2 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for anylitigation 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 suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. 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 andregulations and with all City ordinances and regulations which in any way affect thisAGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES 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 whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal andState 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 performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have theright to immediately terminate this AGREEMENT for violations of this provision by City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 14 of 17 DocuSign Envelope ID: 62A3EA57=12B14BF8-9930-9C88902B15F2 ENGINEER. L. Prohibition on Contracts with Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment 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 thecontract. The terms “boycott Israel” and “company” shall have the meanings ascribed tothose terms in Section 808.001 of the Texas Government Code. By signing thisagreement, Engineer certifies that Engineer’s signature provides writtenverification 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 therequirements under this provision will be considered a material breach. M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing this agreement, Engineer certifies that Engineer’s signature provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270,is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeign terrorist organizatIon. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energycompanies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By signIng this agreement, EngIneer certifies thatEngineer’s signature provides written verification to the City that Engineer: V)does not boycott energy companies; and (2) will not boycott energy companiesdurIng the term of the agreement. Failure to meet or maintain the requirementsunder this provision will be considered a material breach. O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 15 of 17 DocuSign Envelope ID: 62A3EA57-42Bl-4BF8-9930-9C88902B15F2 Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the companythat it (1) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms“discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By sIgning this agreement, Engineer certifiesthat Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm tradeassocIation. Failure to meet or maintain the requirements under this provision will beconsidered a material breach. P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets therequirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country. Q. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performanceof any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render theContract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire. R. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 16 of 17 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 executed in one or more counterparts and each counterpart shall, for all purposes, bedeemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT: Exhibit A - Scope of Services and Schedule Exhibit B - Compensation 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 inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above. The parties agree to transact business electronically. Any statutory requirements thatcertain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Duly executed11/15/2022 by each party’s designated representative to be effective on BY:CITY OF DENTON, TEXAS BY:ENGINEER tlcx;uSigned bF Son HtM1% y, City Manager Halff Associates, Inc DocuSigned by: b hIIL 15A9AE541 7 Date: 10/28/2022 ATTEST: ROSA RIOS, CITY SECRETARY 2022-949744 TEXAS ETHICS COMMISSIONCERTIFICATE NUMBERD<x:uSlgned by: BY: I RMARi% IC5CA8C5EI 75493 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operationalobligations and business terms. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY lt}H4B6745F... D1 rector of Capita1 projects/Clty Engineer Title City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 17 of 17 Capita1 projects/Englneeri ng Department DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 EXHIBIT ASCOPE OF SERVICES forWESTGATE DRIVE RECONSTRUCTION In THE CITY OF DENTON 1.DESCRIPTION The purpose of this project is to design the reconstruction and widening of Westgate Drive from Windsor Drive to Bronco Way, considered North/South Westgate, and todesign permanent connectivity of Westgate Drive from Bronco Way to existing Westgate Drive, considered East/West Westgate . It is anticipated that the North/South Westgate will be a two-lane, 28-foot wide street section with curb and gutter and East/West Westgate will be a four-lane, divided street section to match the Bronco Way street section configuration. Pedestrian ramps shall be provided at all intersections. Design will include a new eight-foot sidewalk located on the northboundside of North/South Westgate. Windsor Drive will also be widened from the northbound 1-35E Frontage Road to the existing North/South Westgate and Windsor Drive intersection to match the existing four-lane, divided street section configuration east of the intersection. Drainage improvements and an 8” water line extension from Coffey Drive to Bronco Way will also be provided. The scope of this project includes topographic and boundary map design surveys, right-of-way appraisal and parcelpreparation, conceptual, preliminary and final design, construction plans, specifications, opinions of probable construction cost, and bidding and constructionadministration services. 2. PROJECT MANAGEMENT A. Manage the Team: • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members• Allocate team resources B. Communications and Reporting: • • • • Attend one pre-design project kickoff meeting with City staff to confirm andclarify scope, understand City objectives, and ensure economical and functional designs that meet City requirements. Conduct review meetings with the City at the end of each design phase. Upto three (3) total. Prepare and submit monthly invoices in the format acceptable to the City. Coordinate with franchise utilities as necessary for the design of the proposed infrastructure and provide and obtain information needed to DocuSign Envelope ID: 62A3EA57zF2B14BF8-9930-9C88902B15F2 prepare the design. Includes up to two (2) franchise utility coordinationmeetings. C, Data Collection: (1 )Research and make efforts to obtain any additional design criteria,available GIS information, pertinent utility plans, street plans, plats andright-of-way maps, existing easement information, previous studies prepared by others, as-built plans for portions of surroundinginfrastructure, historical drainage complaints and other information available for the project area. This shall coincide with the project kickoffmeeting . The City shall provide any existing available data concerning the Projectincluding as built plans for existing streets, drainage facilities, water and sanitary sewer mains.The City shall also assist the Consultant, as necessary, in obtaining any required data and information from TxDOT, DME and/or other local utilitycorrlpanles.The City will provide the following data / information to assist with traffic projections: (a) Development plans / future land use plansi. Plans for known developments to be located in the area generally bordered by Interstate Highway (IH)35E Frontage Road, Westgate Drive, Windsor Driveand Bronco Way ii. Future land use plan for the City iii. Growth rate for future development / traffic projections (b) Thoroughfare Plan (c) Information related to planned / proposed roadway improvementprojects in the study area (d) Historical traffic count data and future traffic projections in thestudy area, as available (2) (3) (4) 3. DESIGN SURVEY The Consultant shall provide surveying services, which, in general, may be defined as normal services applicable to a project of this type. The following particulars will also apply. A.Vertical benchmarks shall be established such that all points of constructionshall be within 500 feet of an established City of Denton benchmark. Benchmarks should not be subject to loss during construction. Fire hydrantsand similar appurtenances are not to be used for benchmarks. The surveyor shall establish temporary benchmarks throughout the length of the project. B. Topographic features will be surveyed along with any and all other features needed for design, review, permitting, construction, and inspection of the DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 project. Coverage will extend beyond the proposed rights-of-way far enoughto integrate the design with the adjacent properties. C. Existing property corners, iron pins, etc. shall be tied in order to establish existing rights-of-way. Prior to surveying on private property, the surveyor shalsecure written permission from the property owners and/or tenant and shall provide the City a copy of said written permission. Should only oral permission be granted, the surveyor shall document the permission granted by letter to theproperty owner/tenant, with a copy to the City. If permission cannot beobtained, the City will assist, or other arrangements will be worked out. D. Consultant shall use a combination of mobile LiDAR and conventional survey as necessary to collect the field data. Feature extraction for the above two itemswill include the detailed list shown below in “Deliverables”. Deliverables: • Survey files will be delivered in MicroStation or AutoCAD CADD files • Topographic survey will include a DTM with minor contours at 1-foot intervals and major contours at 5-foot intervals and site planimetric alongthe route. • Locate topographic features along with any above-ground features needed, such as edges of pavement, curbs and gutter, sidewalks, building corners, power poles, valves and other appurtenances. 4. RIGHT-OF-WAY REQUIREMENTS The Consultant shall evaluate where right-of-way may be required. A. Prepare a preliminary list of right-of-way parcels necessary to construct the project (if any). Submit to the City of Denton as soon as possible and prior to the final plan submittal. B. Preparation of a Boundary Map/Right-of-Way Strip Map that will include: • • • • • • • • • City title block Property owner name, address, and recording information of deed Location of all existing property pins and monumentsLocation of easements of record Existing rights-of-way Location of proposed easement pinsEasement areas Parcel numbers All of the above shall be placed on standard plan sheets and bear the sealof a Texas Licensed Professional Engineer. C, Meet with the City of Denton Staff to determine right-of-way requirements forpreparation of field notes and exhibits. DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 D. A maximum of twenty (20) right-of-way parcels, two (2) permanent drainageeasements and ten (10) temporary construction easements may be required for the project. E. Individual Exhibits for each parcel shall be prepared to contain the following: • • • • • • Area requiredParcel number Property owner name, mailing address, and volume and page of deed Existing easementsExhibits will be drawn to scale All of the above shall be placed on one page of 8-1/2” x 1 1 ” paper, labeledas Exhibit “B“ and signed and sealed by a Texas Registered ProfessionalLand Surveyor. F. Legal descriptions for each parcel shall reference the volume, page, and ownerof the parent tract and shall be incorporated into a standard City of Dentonconveyance document as Exhibit “A”. Individual parcels will be cross-referenced on the plans. Front end documents shall be provided by the City. G. Submit right-of-way documents to the City and make necessary corrections. H. Upon approval of the right-of-way by the City, and if required, the Consultant shall stake and flag the right-of-way for inspection by the appraiser and property owner. The documents, including legal description, shall be furnished to the City in Microsoft Word and PDF format. 5. RIGHT-OF-WAY SERVICES The Consultant shall provide Right-of-Way services, including acquisition services,negotiations, and property valuations which, in general, may be defined as normal services applicable to a project of this type. The following particulars will also apply. A. Project Administration: (1) Initial Site Visita. ROW Consultant will visit project site with City Personnel. (2) Communication: a. Maintain status reports of all parcel and project activities and provide weekly to City.b. Provide schedule of all areas of work indicating anticipated start andend dates c. Attend weekly status meetings. d. Prepare initial property owner contact list for use by City indistribution of ROW Consultant introduction letters. (3) File Management: a. Project and parcel files will be kept at the City. Working files will be kept in the ROW Consultant’s project administrative office, but DocuSign Envelope ID: 62A3EA57-42Bl-4BF8-9930-9C88902B15F2 documents generated or received by the ROW Consultant will be forwarded to the City as they are generated or received by the ROWConsultant Prepare invoices utilizing City standard payment submissions forms with supporting documentation. Maintain records of all payments including warrant/check number,amount, and date paid, etc.Maintain copies of all correspondence and contacts with propertyowners b C. d. B. Title and Closing Services: (1) Secure preliminary title commitment or preliminary title search and 5- year sales data from the title company that will be providing title insurance.a. The charges from the Title Company for the preliminary titlecommitments will be paid by the City and are not be included in the Consultant’s negotiated fee schedule.(2) Secure title commitments updates in accord with insurance rules and requirements for parcel payment submissions. The charges from the TitleCompany for the update of the title commitment will be paid by City and should not be included in the Consultant’s negotiated fee schedule.(3) Secure title insurance for all parcels acquired, insuring acceptable titleto City. Written approval by City required for any exception. The charges from the Title Company for the update of the title insurance will be paid by City and should not be included in the Consultant’s negotiatedfee schedule (4) The curative services necessary to provide clear title to the City is the responsibility of the Consultant and is to be included in the negotiated feeschedule for this service. Note: the Consultant’s curative services do not include cost/expenses that qualify as payment of incidental expenses totransfer real property to the City. (5) The Consultant has the responsibility of direct contact with the Title Company to obtain an updated title commitment along with other formsand certified copy of the instrument of conveyance when requesting theParcel Payment from the City. (6) The Consultant provides closing services in conjunction with the Title Company and at the discretion of the City may be required to attendclosings. (7) Any fee related to obtaining certified court documents and fees for recording same which are not collected at the closing of the parcel shall be direct passthrough fees. (8) Consultant shall cause the recordation of all original instruments immediately after closing at the respective County Clerk’s Office. The costof recording fees and filing fees are paid by the City and should not beincluded in the Consultant’s negotiated fee schedule. DocuSign Envelope ID: 62A3EA5742Bl-4BF8-9930-9C88902B15F2 C, Negotiation Services: (1 ) Analyze appraisal and appraisal review reports and confirm City’s approvedvalue prior to making offer for each parcel. (2) Analyze preliminary title report to determine potential title problems,propose methods to cure title deficiencies. (3) Prepare and send the letter transmitting the Landowners’ Bill of Rights by Certified Mail-Return Receipt Requested (CMRRF!). (4) Prepare the initial offer letter, memorandum of agreement, instrumentsof conveyance, and any other documents required or requested by City on applicable forms. (5) Contact each property owner or owner’s designated representative, to present the written offer in person where practical, and deliverappraisal report and required brochures. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer forthe closing. (6) Provide a copy of the appraisal report for the subject property exclusively to the property owner or authorized representative at the time of the offer.Maintain original signed Receipt of Appraisal for billing purposes. (7) Respond to property owner inquiries verbally and in writing within two business days.(8) Prepare a separate negotiator contact report for each parcel percontact on approved form. (9) Maintain parcel files of original documentation related to the purchase of thereal property or property interests. (10) Advise property owner on the Administrative Settlement process. Transmit to City any written counter offer from property owners including supporting documentation, and Consultant recommendation regarding Administrative Settlements in accordance with City policy and procedures. (11) Prepare final offer letter, documents of conveyance as necessary. (12) Appear and provide Expert Witness testimony as a Consultant whenrequested. The cost of the Consultant’s expert witness testimony for trial is not part of this contract. (13) Issue Property Owner’s Survey to property owner. ADDITIONAL RIGHT-OF-WAY SERVICES Additional services to be performed by Consultant, if authorized in writing by the City,which are not included in the above-described Basic Services, are described below: D. Relocation Assistance Services for Residential, Business, Personal Property,Mini Storage Units and Outdoor Advertising Signs (1) Notify all Displacees and potential Displacees of eligibility for relocationassistance. At the time of initial contact, provide Displacees with a Relocation Assistance Packet consisting; DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 a. Page one of the Relocation Advisory Assistance – Parcel Recordform b. Displacee Move Planc. Certification of Eligibilityd. Relocation Assistance Brochure (2) Provide on-going relocation assistance and advisory services to Displacees affected by acquisition of the property and deliver a completed RelocationAdvisory Assistance – Parcel Record form signed by the Displacee to theCity (3) Locate, evaluate, and maintain files on comparable available housing to complete Right of Way Acquisition Services Contract. (4) Compute and submit request for relocation housing/rental supplement to the City Project Manager on the Supplemental Payment Estimate, Replacement Housing form with supporting Residential PropertyEvaluation forms with photos attached. (5) Provide 90-day notice to vacate, if required by the City, simultaneous with the delivery of relocation benefits package. (6) Provide 30-day notice once property has been acquired by the City. Note: the Displacee must be given no less than 90-day notice.(7) Notify the City Project Manager immediately if Displacee does not move after the 30-day notice expires. (8) Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with City and State of Texas policy.Prepare and complete Replacement Housing Inspection form and submit to the City Project Manager. (9) For non-residential moves, Negotiated Self-Moves:a. If a moving plan exceeds $20,000, prepare moving plan with appropriate photos and sketches along with inventory of personalproperty to be moved for non-residential moves. This is required for pre-approval by the City. b. If the moving plan for a Negotiated Self-Move is less than $20,000 the Consultant must submit Negotiated Self-Move Request with moving plan for the business owner or tenant. This includes photos,written inventory list, type of move requested, and project movedate (10) For all Negotiated Self-Moves, the Consultant is responsible for requesting moving estimates from moving companies. Moving estimates must be obtained by the Consultant and not the Displacee. Moving estimates must be prepared in writing and in the name of City and not theConsultant. (11) Coordinate and monitor moves business owners, and tenants and with moving companiesaccordance with State and City procedures. (12) Maintain relocation contact logs on Relocation Advisory Assistance -Parcel Record form journaling aII attempted and completed contacts with displaced homeowners, In DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 with all parties. This includes descriptions of the reasons and outcomefor each contact. (13) Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. (14) Process and compute increased interest payments as required. (15) Relocation agent shall be available for any appeals or hearings.For this assignment, the fee for preparation and testimony will be a reasonable hourly rate, preapproved in writing by the City Project Manager. (16) Prepare all relocation payment claim submissions for all Displacees inaccordance with State and City guidelines. (17) Deliver warrants in accordance with City guidelines. (18) Issue Relocation Survey to all Displacees.(19) Provide an executed Certification of Eligibility form with all Displaceeclaims. E. Condemnation Support: Consultant shall not act as the attorney for condemnation purposes. City mustself perform legal services or contract with third party attorney. Consultant shall provide those support services to City or to City’s attorney as describedbelow: (1 ) Pre-Hearing Support a. Request updated Title Commitment from title Company. b. Use information from the Title Commitment to identify interested parties.+ c. Submit information packet as requested by Condemning Attorney. d. Request update of appraisal.File original petition with County Court at Law or other appropriate Court for a cause number to be assigned File Lis Pendens including the cause number with the County Clerk’sOffice e f g. Upon assignment of a court, file the Order Appointing Commissioners with the judge, retaining a copy of the Order for thefiles Following appointment of Commissioners by the judge, secure Oath of Commissioners signed by the Commissioners, Order Setting Hearing and Notice of Hearing signed by theCommissioners h File all originals with the court and send copies to City andCondemning Attorney. i (2) Post-Hearing SupportFile Award of the Commissioners with the court for the Judge’ssignature within 48 hours of hearing, unless on Friday or before a holiday when court will not be open. Obtain certified copy of Award and provide to City with request for funding in amount of Award . a b DocuSign Envelope ID: 62A3EA57-42Bl-+BF8-9930-9C88902B15F2 c. Obtain Commissioners’ Fees and submit to City for payment.d. File Award payment in registry of the court, file Notice of Deposit with the court and send certified copies to each defendant notifyingthem of the date of deposit. The Date of Deposit is the Date ofTake e. Send written notices of the date of deposit to the City and allinterested parties. * Updated Title Commitments shall be paid directly by City. Please referto B. Title and Closing Services. F. Relocation Appeal(s): (1 ) Assist City with coordination of appeal process.a. Submit appeal to City for review. b. Provide supporting documentation. G, Eviction Process: (1 ) Assist City with Eviction Process a. Maintain paperwork necessary for filing eviction. b. File necessary documents with court. c. Attend Hearing(s). H. Disposal of Property Services: (1) Provide a Release of Property to the City Project Manager signed by the former owner stating that all personal property has been removed and any remaining items belong to the City.(2) Provide the City Project Manager a copy of the plat and field notes,photographs of the property in a PDF format, a copy of the appraisal, and the Release of Property form when buildings arevacant and ready for disposal. The City Project Managerwill initiatethe environmental surveys as needed. I. Initial and Update Appraisal Service: (1)Appraisers should provide advance notice of the date and time of theirappraisal inspections of the subject property to the Consultant’s Project Administrator in order to coordinate the appraiser’s inspection. (2) Secure written permission from the owner to enter the property from which real estate is the be acquired. If the Appraiser, after diligenteffort, is unable to secure the necessary letter of permission from the property owner, a waiver must be obtained in writing from theCity DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 (3) Prepare and conduct personal pre-appraisal contact with interestowner(s) for each parcel using acceptable City forms. (4) Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser’s inspectionof the subject property. Maintain record of contract in file.(5) For the initial appraisal, prepare complete appraisal report for each parcel to be acquired. These reports shall conform to City policies and procedures along with the Uniform Standards of ProfessionalAppraisal Practices as promulgated by the Appraisal Foundation. (6) For an updated appraisal, prepare complete appraisal update for the parcel to be acquired. These reports shall conform to City policies and procedures along with the Uniform Standards of Professional AppraisalPractices (7) As necessary, prepare written notification to the City of any environmental concerns associated with the right of way to be acquired, which could require environmental re-mediation. (8) All completed appraisals will be administratively reviewed by the City staff and recommend for approval by the City staff. a. City staff coordinate with Consultant’s review appraiser (if applicable) regarding revisions, comments, or additional information that may be required. The Consultant’s review appraiser will then coordinate with the appraiser. (9) As necessary, the appraiser will coordinate with the review appraiser regarding revisions, comments, or additional information that may berequired . (10) The fees for initial and updated appraisal assignments are basedon separate appraisal assignments.(11) Beyond delivery of initial and update appraisal assignments, theappraiser can be called to provide preparation and testimony for aSpecial Commissioners Hearing. For this appraisal assignment, thefee for the preparation time and testimony must be based on thehourly rate shown in the Consultant’s Fee Schedule. J. Miscellaneous: (1 ) Testimony for Hearing(s) or appeals. (2) Document/Form establishment.(3) Reporting outside of typical status reports. RIGHT-OF-WAY SERVICES BY CITY/CONSULTANT EXCLUSIONS Services to Be provided by the City include, but are not limited to the following: (1) Provide timely reviews and approval of submissions. (2) Process and issue all warrants for payment of approved purchase pricesfor each parcel, relocation payment, and incidental expense involved inthe transfer of property to City in accordance with State law. DocuSign Envelope ID: 62A3EA57-42Bl-+BF8-9930-9C88902B15F2 (3) Provide a copy to the Consultant’s performance evaluation at end of project or as needed throughout the project. (4) Initiate, coordinate, and administer environmental investigation surveys.(5) Provide Bill of Sale for disposal of improvements. (6) Pay direct costs of preliminary title commitment, updates and title insurance for all parcels acquired. (7) Provide Review Committee for Relocation Appeal(s). 6. GEOTECHNICAL ANALYSIS/PAVEMENT DESIGN The Consultant will subcontract with a Geotechnical engineering firm to provide sub- surface soil investigation, testing and pavement design including the following: • • Soil investigations, including field and laboratory tests, borings, relatedengineering analysis and recommendations for determining soil conditionswill be made Borings shall be of sufficient depth and spacing to provide generalinformation needed for the design and construction of the project. Fifteen(15) borings will be advanced to a depth of 1 2 feet below the existing surfacethe roadway.Testing will be in accordance with ASTM or TxDOT procedures. The specific types and quantities of tests will be determined based on geologicconditions encountered in the borings. Laboratory testing will includemoisture content, soil classification according to USCS, Atterberg limits andCalifornia bearing ratio. In the event the subgrade requires lime treatment the optimum percentage of lime will be determined by the Eades and GrimpH test An engineering report will be prepared by a registered engineer and will present the results of the field and laboratory data together with analyses ofthe results and recommendations. The report will address: o General soil and groundwater conditions encountered at the boringlocations o An evaluation of the swell characteristics of the subgrade soils o Recommendations for pavement subgrade preparationo Recommendations for pavement designo Earthwork recommendations • • Deliverables: • Boring logs with location map • Soil testing results • Geotechnical report 7. 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: DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 •Quality Level-A: Precise horizontal and vertical location of utilities obtainedby the actual exposure (or verification of previously exposed and surveyedutilities) and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used tominimize the potential for utility damage. A precise horizontal and verticallocation, as well as other utility attributes, is shown on plan documents. Quality Level-B: Information obtained through the application of appropriatesurface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality Level-B data should bereproducible by surface geophysics at any point of their depiction. Thisinformation is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Quality Level-C: Information obtained by surveying and plotting visibleabove-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 oralrecollections. • • • A.Quality Level-A Utility Test Holes (Vacuum Excavation): Up to ten (10) testholes will be performed on various utilities at locations approved by the City ofDenton. Halff will cut up to a 12” square test hole, excavate down to utility, record the depth to top of utility, backfill & compact the hole, and restore thesurface to its original condition. An iron rod with cap or “x-cut” will be set tomark the approximate centerline location of the utility. A jackhammer will be utilized for work to be performed in asphalt and concrete areas. B.Quality Level-B Utility Designating: Halff will designate the approximate horizontal position of conductive/toneable utilities within the project limits usinggeophysical prospecting equipment and mark using paint and/or pin flags. Weanticipate the designation of approximately 50,000 linear feet of utilitiesincluding buried communication, electric, natural gas, water, and wastewater/sanitary sewer. Designation of storm drain/storm sewer, irrigation lines,HDPE lines, gathering lines, asbestos concrete and/or pvc lines, as well as pvclines without tracer wire or access are not part of this Scope of Services. C. Because of limited utility record information and the possibility of non- conductive/un-toneable utilities, Halff cannot guarantee all utilities will be foundand marked within the project limits. D. Quality Level-C Surveying: Quality Level-B Utility Designation paint markings, pin flags, and above ground utility appurtenances as well the iron rod with capor “x-cut” for Quality Level-A Test Holes will be surveyed and tied utilizingproject survey control. E. Quality Level-D Records Research: Available Records will be provided to Halff by City of Denton. Halff will perform additional utility record research as needed to successfully complete the project. DocuSign Envelope ID: 62A3EA57-+2B14BF8-9930-9C88902B15F2 F.Because there are situations where the utility does not have a metalliccomposition, a metallic tracer line attached, or access to insert a tracer line, the approximate location of the utility may be determined by the use of utilityrecords and direct correspondence with the utility owner/representative. Inthese areas, the information will be considered Quality Level-D, depicted according to utility record information only. G. 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 will beresponsible for QA/QC, management of the contract, coordination with the project team and signing the final deliverables if required. H. Permitting: Street Cut permits will be coordinated with the City of Denton asrequired . 1.Work Zone Traffic Control: Halff will provide standard temporary work zone traffic control consisting of cones and free-standing signage for this project.This Scope of Services does not include lane closure(s), flag person(s),changeable message board(s), arrow board(s) and/or engineered traffic controlplans Deliverables : • Deliverables for the designating work will include an electronic file (Microstation and/or AutoCAD format) containing the horizontal locations of the utilities. Theutilities will be overlaid onto the survey base file. • Deliverables for the Quality Level-A Test Hole Excavations will be an 8.5-in. x11-in. Test Hole Data Form for each Test Hole performed indicating depth, size, locations, and other notable characteristics of the utility. 8.DRAINAGE STUDY Consultant shall perform a floodplain analysis related to a roadway improvementproject. The study aims for analyze impacts to the Pecan Creek (Above SCS Dam #16) floodplain along Westgate Drive (PROJECT). The purpose of the floodplainanalysis is to ensure no negative impacts to the effective floodplain due to the proposed roadway improvements. Based off the effective FIRM (48121C0360Geff. 4/1 8/2011 ), there is an effective Zone AE with floodway and established BFEs downstream of the site, but upstream of the site there is a Zone A floodplain that likely does not have existing modeling. The downstream Zone AE model will haveto be extended upstream of the project to evaluate the impacts of the project. This scope assumes the following for the PROJECT: • PROJECT will be kept within the area shown in Figure 1 ; • The ultimate (future) hydrologic conditions from the Pecan Creek and North Pecan Creek Watershed Study and Alternative Analysis (Halff 2021) will be used. It is assumed no new hydrology will be performed as part of this study;• Per the previously mentioned study, the contributing drainage area for thePROJECT is less than one square mile. Therefore, per Section 3.8.1 of the Cityof Denton Stormwater Design Manual, a CLOMR/LOMR or Flood Study may be DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 performed. This scope assumes no CLOMR/LOMR will be needed, since BFEsare already established, and a Flood Study will be performed; The FEMA effective model for Pecan Creek (Above SCS Dam #16) will be usedfor the hydraulic analysis. If this model is not available, then additional services and fees would be required to develop a pre-project model. • !BT;x ,_ ::--fi Figure 1. PROJECT Limits J. PROJECT MANAGEMENT (1 ) Coordinate with design team. (2) Meetings with CLIENT. Includes a maximum of three meetings (3). K. DATA COLLECTION AND TERRAIN DEVELOPMENT (1) Process best available Texas Natural Resources Information System(TNRIS) LiDAR for the PROJECT area. (2) Develop a Digital Terrain Model (DEM) and contours. (3) Utilize topographic survey (to be provided by ENGINEER). L. HYDROLOGIC ANALYSIS (1) Utilize drainage areas from Pecan Creek and North Pecan CreekWatershed Study and Alternative Analysis (Halff 2021 ). (2) Obtain flows from report and models for use in hydraulic modeling. M. HYDRAULIC ANALYSIS DocuSign Envelope ID: 62A3EA57-42Bl'4BF8-9930-9C88902B15F2 (1) Obtain the FEMA effective model for Pecan Creek (Above SCS Dam 16). IfFEMA or CLIENT cannot provide the effective model, then additional services and fees will be required to develop a pre-project model for thereach (2) Execute the Effective Model to verify its integrity. (3) Create revised existing model by incorporating updated survey into the existing model. (4) Using the 30, 60, 90, and 100% civil design drawings, create a proposedconditions hydraulic model. Up to two (2) design alternatives will be analyzed . (5) Execute and debug the model. (6) Perform QAQC on results and hydraulic model. (7) Address QAQC comments. N. FLOOD STUDY REPORT (1) Write, edit, and compile a flood study report detailing the results of thefloodplain analysis. It is assumed no FEMA CLOMR or LOMR will beneeded . (2) Submit key digital data, including modeling and GIS layers. The report anddata will be submitted to the CLIENT. (3) Deliverables: Flood Study Report, in PDF format, and all relevant digitaldata (4) Address any review comments with the CLIENT, if necessary. 9 CONSTRUCTION PLANS The Consultant shall develop construction plans 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 construction plans willconsist of numerous sheets ordered as follows: A Cover Sheet and Sheet Index: The cover sheet shall include a location map.Additionally, the cover sheet shall show the project name, project number, date, City logo, Consultant’s name, address, and telephone number and other itemsas may be specified. Following the title sheet shall be a sheet index with drawings numbered consecutively and without subscripts. B. Project Layout Sheet(s): The project layout sheet(s) will be laid out with the north arrow up or to the right. The purpose of the project layout is to depict theproject in a simplified view. Major items of work will be shown without excessive detail. Additionally, survey control points shall be shown. C. Project General Notes and Legend: These sheets will include a listing ofabbreviations, legend, and general notes. D. Typical Sections: Typical sections shall be drawn to depict a view looking north or east. As a minimum, typical sections will be drawn showing the relationship DocuSign Envelope ID: 62A3EA57=t2Bl=IBF8-9930-9C88902B15F2 of the proposed street and existing and proposed improvements. Typicalsections will include existing roadways, right-of-way lines, etc., along with all proposed roadway improvements and will depict all significant items of work. E.Plan and Profile Sheets (Paving, Storm Drain and Water): Plan-profile sheets will be arranged from south to north and from west to east, with the north arrowup or to the right on the sheet. Stationing will be from south to north or west toeast with the beginning station being set at approximately 1+00. The plan andprofile station will 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 itemspertinent to the project. Water line profiles shall only be provided for lines 12-inch and larger. Lines smaller than 12-inch shall be designed in plan only. F. Grading Plans: Halff will provide grading plans that include 1’ proposedcontours with spot elevations labeled at PC, PT, PI, drainage structures and maximum 50 feet spacing. G. Drainage Plans: Halff will provide a drainage area map and calculations to support the design of a closed conduit system and determine any additionalinlets needed to appropriately convey runoff for the street corridor. Existingstorm drain infrastructure will remain in place wherever practicable. H. Roadway Illumination Plans: Halff will provide illumination layout plans, electrical circuit plans and details for roadway lighting system. These plansshall include street illumination and safety lighting at all intersections and other locations as necessary to meet City standards for spacing. A photometric studywill not be provided. I Detail Sheets: The City’s standard drawings will be used as a beginning pointin developing standard details for this project. They will be reviewed andmodified for this project. Where other agency standards are used, they shallbe reduced as necessary to fit on the City’s standard sheet format with complete title block. J, Miscellaneous: Construction plans will also address erosion control, utilityadjustments, traffic control (including phasing, detours, road closures, signing,barricading, etc.), pavement markings and signage, and other improvements. K Cross Sections: Cross sections shall be arranged from bottom to top of the sheet looking up station and shall show existing and proposed features andimprovements. Generally, no more than eight (8) sections per sheet are to beplotted. Each section should extend beyond the easement and rights-of-way asufficient distance to clearly show the relationship between the proposedimprovements and the existing properties. Full sections will be drawn atmaximum spacings of 500 feet. DocuSign Envelope ID: 62A3EA5742Bl+BFB-9930-9C88902B15F2 L.Review Plans: The Consultant shall develop conceptual plans and profiles andestimates of probable cost for the 30% milestone. A rolled schematic will beprovided for review and comment and to determine the feasibility of the project and confirm constructability and cost prior to developing preliminary plans.Preliminary plans shall then be prepared and submitted at the 60% milestone.Final plans shall be prepared and submitted at the 90% and 100% milestone. Also, the Consultant may submit plan sheets or working drawings to the Cityfor 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. The Consultant shall, in company with the City, performat least one plans-in-hand review for each submittal. Deliverables for each design submission are as follows: (1 )30% Design Package (a) Roll schematic depicting plan layout for roadway and storm drainconduit (b) Typical Sections(c) Letter report summarizing the design criteria utilized, and assumptions made during preparation of the conceptual design. The report will also address design constraints discovered duringthe preliminary alignment preparation (d) Engineer’s Preliminary Estimate of Probable Construction Cost 60% Design Package (a) Information provided in previous design package revised per Citycomment (b) Cover sheet, sheet index and legend, general notes(c) Project layout and control (d) Right-of-Way Map sheets(e) Demolition plans (f) Roadway, storm drain and water line plan and profile sheets (g) Drainage area map, hydraulic and inlet computations(h) Preliminary grading plans (i) Roadway cross-sectionsa) Engineer’s 60% Preliminary Estimate of Probable ConstructionCost 90% Design Package(a) Information provided in previous design package revised per Citycomment. (b) Traffic control and phasing sheets (c) Roadway Illumination plan sheets (d) Pavement markings and signage (e) Erosion control plans(f) Project detail sheets (g) Project manual and technical specifications.(h) Engineer’s 90% Pre-Final Estimate of Probable ConstructionCost 100% Final Design Package (2) (3) (4) DocuSign Envelope ID: 62A3EA5742BldIBF8-9930-9C88902B15F2 (a) Information provided in previous design package revised per Citycomment, signed and sealed for bidding. (b) Engineer’s 100% Final Estimate of Probable Construction Cost M. Design: The design of the project shall be in general accordance with the Cityof Denton ordinances, standard details, and good Consulting practices. During the design phase, the Consultant shall contact various utility companies and obtain information relating to existing utility lines. The design should avoidmajor utility relocations, where practical. When required, proposed relocations or replacements will be shown in plan and profile. N Prints: One (1)11x17 set of plans and electronic files in PDF format shall besubmitted to the City for each review stage. The Consultant will upload a set ofplans in PDF format to the City’s PROCORE submission software at each project milestone. The Consultant will provide utility companies with electronicPDF files of 60% plans for review. The City shall provide local utility contactinformation to assist with distribution. O, General: Construction plans shall be furnished half-size. The Consultant will provide one 11x17 set of vellum plans and electronic pdf files for bidding andconstruction. The City’s standard format shall be used. Electronic files in PDFand DGN or DWG format shall be provided to the Contractor for use duringconstruction . P. Generic Sheet List: Following is a general list of plan sheets required for each construction package. (1 ) (2)(3) (4) (5)(6) (7) (8) (9)(10)(11) (12)(13)(14) (15) (16)(17)(18)(19) (20)(21 ) Cover Sheet Sheet Index and Legend Project General NotesTypical Paving Sections Project Layout Sheet(s)Right-of-Way MapsDemolition Plans Paving Plan and Profile Sheets Grading Plans Drainage Area Map and CalculationsStorm Drain Plan and Profile SheetsWater Line Plan Sheets City of Denton Pavement Standard DetailsMiscellaneous Pavement Details City of Denton Storm Drain Details City of Denton Water Line DetailsErosion Control Plans City of Denton Erosion Control Details Pavement Markings, and Signage Plans and DetailsRoadway Illumination PlansIllumination Tables and Details DocuSign Envelope ID: 62A3EA5742BldIBF8-9930-9C88902B15F2 (22) Traffic Control and Sequencing Plans (23) Traffic Control Details(24) Roadway Cross Sections Q. Specifications: The Consultant shall prepare a project manual and technicalspecifications required for bidding and constructing the project. The projectmanual will be provided in the City’s standard format. Only specifications amending or supplementing the City’s specifications need be furnished. Projectmanual, specifications, bid items and quantities shall be furnished on hard copy and by electronic file. 10. PERMITTING The Consultant shall prepare applications to the Texas Department of Licensing andReview (TDLR) for code review of sidewalks and ramps. After construction the Consultant shall notify TDLR of completion date. Consultant shall address any questions or issues by TDLR as a result of review and inspection. TDLR review andinspection fees are included in this proposal. The Consultant shall prepare construction plans permit set to submit to TxDOT for approval to allows Westgate Dr. and Windsor Dr. improvements in TxDOT Right-of- Way as they pertain to connections to the northbound frontage road . 11. BID AND CONSTRUCTION PHASE ENGINEERING ASSISTANCE A. Bidding – During the bidding phase, the Consultant will prepare bid documentsand assist the City in advertising the project for bids. The Consultant willaddress technical questions and prepare addenda and issue to the bidders.The Consultant shall attend a pre-bid meeting and prepare minutes. TheConsultant will tabulate bids and make recommendation for award of contract. B. Construction: (1 ) (2) (3) (4) (5)(6) Attend a pre-construction meeting and monthly progress meetings as required. Document each meeting with written minutes. Review shop drawings and Contractor submittals.Review laboratory test reports on materials and equipment.Prepare and negotiate Change Orders between the Contractor and theCity Prepare record drawings from information supplied by the Contractor.Attend final inspection and assist in preparation of a punch list report. C. Closure – The Consultant shall prepare “record” plans, incorporating allchanges and known variations to provide the City the best possible set of record drawings. The final record drawings shall be furnished in.pdf format.CADD files shall be furnished as well. 12. TRAFFIC STUDY & DESIGN Based on correspondence with the project team, Halff Associates, Inc. (Halff) willconduct an Intersection Alternatives Evaluation (Phase 1 ) for the proposed Westgate DocuSign Envelope ID: 62A3EA57zL2BlzIBF8-9930-9C88902B15F2 Street / Bronco Way intersection in Denton, Texas. Halff will also conduct a TrafficSignal Warrant Study and prepare traffic signal design plans for the intersection, ifwarranted (Phase 2). If the City of Denton requires task items outside of this scope, Halff will prepare anadditional services agreement for authorization by the City prior to initiating thoseitems PHASE 1 - INTERSECTION ALTERNATIVES EVALUATION TASK 1.0 DATA COLLECTION 1.1 1.2 Conduct a site visit to check roadway conditions in the study area. Conduct weekday AM and school and commuter PM peak period turningmovement traffic counts (7:00 – 9:00 AM and 2:00 – 6:00 PM) at thefollowing intersections: 1.2.1 Northbound IH 35 frontage road / Westgate Drive1.2.2 Windsor Drive / Westgate Drive1.2.3 N. Bonnie Brae Street /Riney Road / Bronco Way 1.3 1.4 Conduct weekday 24-hour bi-directional link volume traffic counts at the following locations: 1.4.1 Westgate Drive between the northbound IH 35 frontage road and theretail center driveway1.4.2 Westgate Drive north of Windsor Drive1.4.3 Bronco Way west of N. Bonnie Brae Street 1.5 Acquire the following information from the City of Denton: 1.5.11.5.21.5.31.5.4 1.5.5 1.5.6 1.5.7 Plans for future roadway improvements in the study areaHistorical traffic count data in the study area Planned or proposed developments in the study area Growth rate for projecting future traffic volumes in the study areaRates for existing traffic volumes to account for school and / orCOVID-19 impacts, as applicableThoroughfare planFuture land use plan TASK 2.0 ANALYSIS 2.1 2.2 Identify existing AM and school and commuter PM peak hour volumes atthe study intersections listed in Task 1.2, based on the traffic count datacollected in Task 1 .2. Develop projected weekday AM and school and commuter PM peak hour turning movement traffic volumes at the future Westgate Drive / Bronco Wayintersection for the Build Out scenario. Build out year to be determined inconsultation with the City. DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 2.3 Conduct weekday AM and school and commuter PM peak hour intersectionlevel of service (LOS) analyses at the Westgate Drive / Bronco Wayintersection using the Build Out scenario volumes development in Task 2.2.Evaluate up to three intersection configurations, to be determined inconsultation with the City.Address pedestrian routing at the Westgate Drive / Bronco Wayintersection . Address school access and potential queuing along Westgate Drive southof Bronco Way. Work with the City and project team to determine a preferred intersection configuration, including traffic controls and lane assignments. 2.4 2.5 2.6 TASK 3.0 REPORT PREPARATION 3.1 3.2 3.3 3.4 Prepare a preliminary draft technical report that addresses the findings inTasks 1 and 2 Submit a copy of the draft report to the City and project team for review andcomment If necessary, revise the report once based upon comments from the Cityand project team. Prepare a final version of the technical report and submit to the City. TASK 4.0 CONFERENCE CALLS 4.1 Attend up to three conference calls with City staff and / or the project teamto discuss the traffic study. SERVICES NOT COVERED – INTERSECTION ALTERNATIVES EVALUATION The services stipulated below are specifically excluded from the scope of this contract. In the event additional services are required, an addendum to this contract will be required before work can proceed. Additional services include but are notlimited to the following: 1. 2. 3 4. 5. 6. 7 Conduct any traffic counts for the project, other than those specificallyidentified in Task 1. Conduct any operational / level-of-service analyses of site driveways, streetintersections or other roadways in the study area, other than thosespecifically identified in Task 2. Provide any services related to permits or detailed engineering plans forrecommendations Conduct any revisions to the report caused by changes to the studyassumptions, such as changing the land uses / densities / build out year for the study. Attend any more than the three conference calls for the project identified inTask 4. Attend any City of Denton meetings, including Planning and ZoningCommission and City Council meetings.Address any review comments that may be generated by the City more thanthe one round noted in Task 3.3 DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15F2 PHASE 2 – TRAFFIC SIGNAL WARRANT STUDY / TRAFFIC SIGNAL DESIGN TASK 1.0 TRAFFIC SIGNAL WARRANT STUDY 1.1 Develop weekday hourly approach volumes at the Westgate Drive / BroncoWay intersection for the Build Out scenario. Build out year will be the sameas the year analyzed in the Intersection Alternatives Evaluation, as determined in consultation with the City.Conduct a Traffic Signal Warrant Study for the Westgate Drive / BroncoWay intersection based on the projected volumes developed in Task 1 .1. Prepare a technical report outlining the findings and results of the TrafficSignal Warrant Study.Attend one conference call with City staff and / or the project team to discuss the warrant study. 1.2 1.3 1.4 TASK2.0 TRAFFIC SIGNAL DESIGN 2.1 2.22.3 Attend a conference call with City Traffic Engineering staff to discuss the signal design requirements.Acquire signal design standards and requirements from the City.From the project team, acquire the electronic CAD files (MicroStation) for the preferred Westgate Drive / Bronco Way intersection configuration.Design files shall include at minimum all existing and proposed curb lines,pavement markings, pedestrian ramps, existing signal equipment,aboveground and underground utilities, and right-of-way around the study intersection, as applicable.PDF signal design plans will be produced for the intersection and will besubmitted to the City for review and comment at the following design levels: 2.4 2.4.1 60 percent plans2.4.2 90 percent plans2.4.3 Final plans 2.5 2.6 2.7 2.8 Provide PDF and CAD files of final plans and one set of original signed andsealed plans.Prepare a quantities summary, bid item spreadsheet and estimate ofconstruction cost for the traffic signal modifications and submit thisinformation to the City.Coordinate the signal design process with the City. Conduct a maximum of six meetings or conference calls with the City and /or project team as needed to discuss the signal design plans at the designlevels outlined in Task 2.4. SERVICES NOT COVERED - TRAFFIC SIGNAL WARRANT STUDY / TRAFFICSIGNAL DESIGN The services stipulated below are specifically excluded from the scope of thiscontract. In the event additional services are required, an addendum to this contract DocuSign Envelope ID: 62A3EA5742Bl'+BF8-9930-9C88902B15F2 will be required before work can proceed. Additional services include but are not limited to the following: 1 2. 3. 4. Collect any survey data for the projects (all necessary survey data shall be provided by the City and / or project team, as described in Task 2.3).Conduct any traffic counts for the project other than those specificallyidentified in Phase 1. Conduct any operational / level-of-service analyses of site driveways, street intersections or other roadways in the study area. Attend any City meetings above staff level, such as Planning and ZoningCommission or City Council meetings. 13. ENVIRONMENTAL SERVICES Federal Permitting (Section 404 of Clean Water Act) A.Jurisdictional Determination: Halff will perform a field delineation to identify the limits of waters of the United States, including wetlands. A brief summaryreport will be prepared describing the methodology and results of theinvestigation, so that the report may satisfy the jurisdictional determinationrequirement for permit requirements pursuant to Section 404 of the CleanWater Act (Section 404). B. Nationwide Permit Pre-Construction Notification: it is anticipated the proposed activity may be authorized by Nationwide Permit 14 – Linear TransportationProjects, which requires a PCN. Halff will prepare and submit a pre- construction notification (PCN) to the USACE. The contents of a PCN include: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project;(3) A description of the proposed project; the project’s purpose; direct andindirect adverse environmental effects the project would cause, includingthe anticipated amount of loss of water of the United States expected toresult from the NWP activity, in acres, linear feet, or other appropriate unitof measure;(4) Delineation of waters of the United States (see JurisdictionalDetermination); (5) Compensatory mitigation plan, if needed;(6) Threatened and endangered species assessment; and (7) Cultural resources assessment. 14. ILLUMINATION STUDY A. Halff Associates, Inc. is pleased to submit this proposal for ElectricalEngineering to design the illumination for approximately 8,600 feet ofproposed public roadway. The lighting design shall meet the City of Denton / DME’s Design criteria for street light design. Halff shall design the layout of the poles, design the conduit layout and conductor requirements to the DMEtransformer/service connection location for DME to make final connections at DocuSign Envelope ID: 62A3EA57dj2B14BF8-9930-9C88902B15F2 the service point and provide the equipment for the DME transformer/serviceconnection . B. Halff will coordinate with City staff and DME related to service location(s) and the selection of an appropriate luminaire and pole. C. A point-by-point photometric analysis will be performed to illustrate the designmeets the required foot-candle levels. D. Voltage drop calculations will be performed to ensure circuit design meets themaximum voltage drop allowed. Construction Document Phase: • Lighting Site plan • Lighting Schedules • Electrical Details (as needed). • Coordination with the City, Utility, and Halff Design Team. • Provision of two (2) deliverables. Construction Phase Services: • Responses to RFI’s. • Review ofsubmittals and shop drawings.• We are excluding site visits. 15. EXCLUSIONS Other additional services, not included in this contract, will be negotiated with the Cityas needed. Compensation will be based upon a mutually agreed lump sum fee or an hourly rate as described below. Items that are considered additional services include: • Attendance or preparation for Public Meeting(s) • Attendance or preparation for City Council Meetings • Full Tree preservation/mitigation plan • Landscape architecture and irrigation design • Revisions to plans requested by the City after plans are approved • Permit fees, filing fees, pro-rated fees, impact fees and taxes • Property acquisition or negotiations other than stipulated in the “5.Right-of-Way Services” section • Design of sanitary sewer, gas, telephone, or other utility improvements except as noted herein • Graphic products except as noted herein• Design of utilities or other improvements outside of the project boundary or roadway rights of way (not in scope) • SWPPP preparation• Environmental assessments • Construction staking• FEMA CLOMR and/or LOMR submittal DocuSign Envelope ID: 62A3EA57-42B14BF8-9930-9C88902B15F2 • • • • • • • • • Hydrologic and Hydraulic analysis other than stipulated in the bDrainage Study section. Advanced, 2D hydraulic analysis Sediment transport analysis Scour Analysis Drainage Study design drawings, plans, or specifications Preparation of an Individual Permit Preparation of a Pedestrian Survey for Cultural Resources Design for additional power connection or circuiting to other devices notmentioned above. Design for receptacles located at the base of the electrical lighting pole. 16.SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: A. Completion of design surveys, SUE level “B”, and geotechnical investigation:60 calendar days from date of written authorization to begin work. B. Completion/furnishing 30% conceptual schematic, preliminary drainage study,bid quantities, and construction cost estimate: 90 calendar days from date of written authorization to begin. C. Completion/furnishing 60% preliminary plans, final drainage study, bidquantities, and construction cost estimate: 165 calendar days from date of written authorization to begin, excluding City review time. D. Completion/furnishing 90% final plans, specifications, bid quantities, and construction cost estimate: 225 calendar days from date of written authorization to begin, excluding City review time. E. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 255 calendar days from date of writtenauthorization to begin, excluding City review time. F. Bidding services: 60 calendar days from city’s approval of final plans. G, Construction services: in accordance with construction schedule (estimated to be 540 calendar days total) H. Closure: 60 calendar days from the date of construction completion. DocuSign Envelope ID: 62A3EA57212B14BF8-9930-9C88902B15F2 EXHIBIT B COMPENSATIONFORWESTGATE DRIVE RECONSTRUCTION Exhibit “B” defines the basis of compensation to the Professional for the servicesrendered . Basic Fee Services (Project Management and Construction Plans) – Thebasic fee for the services as described in Exhibit “A“ as Project Management and Construction Plans will be $558,900 which includes printing, direct costs andcomputer charges normally associated with production of these services. The basis of compensation for Basic Fee services shall be as follows: 1. $97,000 for Conceptual Design Phase (30% submittal) 2. $200,000 for Preliminary Design Phase (60% submittal) 3. $200,000 for Pre-Final Design Phase (90% submittal) 4. $61,900 for Final Design Phase (100% submittal) Items (1) through (4) will be billed lump sum monthly based on actualcompletion of the tasks and may include partial payments of the total amounts designated for each item. Special Services – The maximum not-to-exceed fee for special services asdescribed in Attachment “A“ will be $585,380, which includes printing, directcosts and computer charges normally associated with production of theseservices. The basis of compensation for special services shall be lump sumunless noted otherwise. The table below summarizes special services fees. $56,000 $5,000 $23,550 B-1 DocuSign Envelope ID: 62A3EA57-42Bl-+BF8-9930-9C88902B15F2 VII VIII. IX. X. XI. Subsurface Utility Engineering Level B, C, & D $29,670 Subsurface Utility Engineering Level A – Vacuum Excavation ($2,000 per each)$20,000 Drainage Study $47,010 $2,140TDLR Plan Review, State Filing and InspectionFees TxDOT Permit Coordination $9,000 XII. Bidding and Construction Engineering $35,290 XIII. Traffic Study $23,730 IV. Traffic Signal Design $30,620 XV. Environmental Services $6,500 :VI. Illumination Study $9,250 $585,380TOTAL SPECIAL SERVICES Miscellaneous Services – The fee for additional services not provided herein will be negotiated based on the scope of work and included in a contractamendment. The total maximum fee for all services is $1,144,280.00. Item II. The City will only be billed for the number of right-of-way parcelsproduced . Item III. and IV. The City will only be billed for the number of easement parcelsproduced . Item V. The City will only be billed for the number of parcels that requireacquisition, appraisal and title/closing services. Item VIII. Subsurface Utility Engineering Level A fee includes a maximum of ten(10) excavations completed times $2,000 per each. The City will be final billedbased on the number of excavations completed with a minimum of twoexcavations. Reimbursable costs include printing, deliveries, mileage and other direct costsassociated with the project. Subcontract expenses and outside services shall be reimbursed at cost to Consultant plus a markup of ten percent (10%). B-2 B BB@@@@ gl8lei-’lg:RIg „9i;;I:::ssI: Iilkl88l8 aaB ; bgor g8 Q B) gII Za1-ZLUaIL0 EC) J86eueW 3ns Mauf) uetu.Z 6uReu61saC] bleW 'ZMaO A8mnS UBPjUL4381AamnS rS jie6eueH lenedsoe9/SldU XaNnS R e IIB '6u3 Inl’)===Pg -6u] In143913 S19 La l~t~~lgsl8l8jglglgje:l8l8l99Ig l---l'l'l gigI:8:l8 sIRI?l88l8 -6u3 aUall '6u3 s83rnosoUJ81eM 'JS on8 i PaT;a Sg g Fi ! Lb B)a) C:d } iI el g g ! 9 geiE g b li IEId I,l€F;;gigil§!! ialan Iii?I : C> 1 :;a1 :IE lg HI li g gEbI!itIii i g Bn iiiBBIggjoIEI ; {IiIg€!!gg lai ISI;IS g rj nIk!!! ®® b m1 MIHBgEil£££ligl££b I lglig Mi W:W MMMI : gBIg tit@##iI #kg 8 :k#gMl:Lg%% lgggg.gigi:gig jf Io I o 3 F g 1 X 8 1 S 8 JOjeuIFOo9 Xvlin Ja6eueW pp! J 3ns TrJe6eueW 3ns 8 !) g&MaI') uetu.Z 6uneu61saa &b gEgED g UBW 'ZMOJO Ae&IIIS UBPIUWQIAamnS rS I J86euen le!}edsoe')/SldU AeNnS a 3 X „~„8- '6u I s03rnos8U JOleM 'JS -l'' I- on88g kanIiD SBg 6 :LU B)VI g g : i iii:gI i ii”g! gg .1 1 g$ 1 g , lg 8 B g g gIg!!i:jig::;;!!igg!ifg;II ii DocuSign Envelope ID: 62A3EA5742B14BF8-9930-9C88902B15E2 , . , ."- –-"---'- '-' –' '--- --' '-- ' '-' - –-- --–-–- '-ERhiblt CIQ CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other Person doing business with local governmental entit' This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session, FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1 ), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.misdemeanor.a MU. An offense under this section is a Halff Associates , Inc. 2 1 1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. None . Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must becompleted for each officer with whom the vendor has an employment or other business relationship as cleaned by Section 176.00 1(1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?= Yes = No B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local govemment officer named in this section AND the taxable income is not received from the local governmental entity?[] Yes a No C. Is the filer ofthi§ questionnaire employed by a corporation or other business entity with respect to which the local govemmcnt officer serves as an officeror director, or holds an ownership of one percent or more? = Yes = No D.Describe each employment or business and family relationship with the local government officer named in this section. None . 4 5 Ld I have no Conflict of Interest to disclose. 10/28/2022 siness with the governmental entity Date DocuSign Envelope ID: 62A3EA57-42BIJ+BF8-9930-9C88902B15F2 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 1 76.htm. For easyreference, below are some of the sections cited on this form. Local Government Code $ 176.001{1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one oftheparties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or localgovernmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003{a){2)(A) and {B): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:(2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds 52,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the val(kB (B) has given to the local government officer or a family member ofthe officer one or more gifts that have an aggregatevalueofmore than $ 100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local govemmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local govemmental entity, or a family memberofthe officer, described by Section 176.003(a)(2)(A); (2) has given a local govemment officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specifiedby Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local govemmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local govemmcntal entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware (A) of an employment or other business relationship with a local govemment officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3'd degree of affinity (marriage) or consanguinity fblood or adoption) City Official; for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public rightaf-way or other real property interests for public use. Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gin to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift cumulatively valued at more than two hundred dollars (8200,00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. ;orm provided by Texas Ethics Commission www. ethics .state.tx . us Revised 11/30/2015 DocuSign Certificate Of Completion Envelope Id: 62A3EA5742B14BF899309C88902B15F2 Subject: Please DocuSign: City Council Contract 7599411 Westgate Drive Reconstruction Design PSA Status: Completed Source Envelope: Document Pages: 49 Certificate Pages: 7 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Signatures: 6 Initials: 1 Envelope Originator: Cod Power 901B Texas Street Denton, TX 76209 ceri.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 10/24/2022 9:51 :57 AM Holder: Cori Power cori .power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Sent: 10/26/2022 12:53:39 PM Viewed: 10/26/2022 12:53:48 PM Signed: 10/26/2022 12:54:41 PM Cori Power cori.power@cityofdenton.com Senior Buyer Completed City of Denton Using IP Address: 198.49.140.10 Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 10/26/2022 12:54:45 PM Viewed: 10/26/2022 1 :57:04 PM Signed: 10/26/2022 1:58:45 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgned byE IMartdhlBhA,,4B070831B4AA438. Sent: 10/26/2022 1:58:48 PM Viewed: 10/27/2022 10:14:09 PM Signed: 10/27/2022 10:18:29 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Not Offered via DocuSign Cori Power cart.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 10/28/2022 10:13:00 AM Viewed: 10/28/2022 10:14:35 AM Signed: 10/28/2022 10:14:38 AMUsing IP Address: 198.49.140.10 Signer Events Benjamin L. McGahey bmcgahey@halff,com Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 10/27/2022 10:18:36 PM Resent: 10/28/2022 10:25:40 AM Viewed: 10/28/2022 10:36:07 AM Signed: 10/28/2022 10:46:52 AMSignature Adoption: Pre-selected Style Using IP Address: 208.66.149.92 Electronic Record and Signature Disclosure:Accepted: 10/28/2022 8:29:16 AMID: 7633a27b-d6dd4ffa-bd6f-2299a157680e Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 10/28/2022 10:46:56 AM Viewed: 10/28/2022 10:55:02 AM Signed: 10/28/2022 10:55:23 AMUsing IP Address: 198.49.140.10 Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Capital Projects/Engineering Security Level: Email, Account Authentication(None) Sent: 10/28/2022 10:46:56 AM Viewed: 10/28/2022 11 :32:20 AM Signed: 10/28/2022 1 1 :32:43 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 10/28/2022 11 :32:20 AMID: ec3e40cd-cOa147e4-b6d3-b5079bf23794 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 10/28/2022 11 :32:51 AM Viewed : 11/1 6/2022 9:23:16 AM Signed: 11/1 6/2022 9:23:36 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 11/16/2022 9:23:41 AM Viewed: 11/16/2022 9:30:04 AM Signed: 11/16/2022 9:30:16 AM Signature Adoption: Pre-selected Style Using IP Address: 107.77.198.132 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) 'CknuSigned bvI Ran R&B+ IC5CA8C5E17S493 Sent: 11/16/2022 9:30:21 AM Viewed: 11/16/2022 4:35:26 PM Signed: 11/1 6/2022 4:35:46 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 11/16/2022 4:35:26 PMID: 55b3fe2e-83044727-9b12<idf609c902d0 In Person Signer Events Signature Timestamp Editor Delivery Events Status Status Timestamp Agent Delivery Events Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 10/26/2022 12:54:45 PM Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 10/28/2022 11 :32:48 AM Viewed: 10/28/2022 11 :38:42 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/1 6/2022 4:35:52 PM Viewed: 11/1 7/2022 9:58:53 AM Jesus Perez Jesus.Perez@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 9/16/2022 8:31 :39 AMID: 3402c001-979e481 a-ac9e-9fa361dce7cf Sent: 11/1 6/2022 4:35:56 PM Viewed: 11/1 7/2022 9:41 :07 AM Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 11/16/2022 4:35:59 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 10/26/2022 12:53:39 PM 11/16/2022 4:35:26 PM 11/16/2022 4:35:46 PM 11/16/2022 4:35:59 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamps Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Benjamin L. McGahey, Rebecca Diviney, Rosa Rios, Jesus Perez 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 ofthis 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. 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