23-1416FILE REFERENCE FORM
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Additional File Contains Records Not Public, According to the Public Records Act
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Date Initials
8-/-23 1 f (Jd ?' 1 ' 8q'{
23-1416
ORDINANCENO. 23-1416
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH HDR ENGINEERING, INC., FOR DESIGN SERVICES FORHICKORY CREEK PH 2 LIGHTING FOR THE CAPITAL PROJECTS DEPARTMENT:PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFQ 7599-013 – PROFESSIONAL SERVICES AGREEMENT FORDESIGN SERVICES AWARDED TO HDR ENGINEERING, INC., IN THE NOT-TO-EXCEED
AMOUNT OF $240,485.00).
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 maximumprovided 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 HDR Engineering, Inc ., for design services for Hickory Creek PH 2 Lighting for the
Capital Projects Department, a copy of which is attached hereto and incorporated by referenceherein
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council ofthe 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 byreference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,ppr,,, thi, „di„,n„ W„ m,d, by Br tAL B„„ L ,„d
seconded by IITA_ i , A (h, SL llc_ G te_ . This ordinance was passed and approved by the
following vote D - d:
Aye
7
./
,/‘L
,/
/
,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the ; Sj day of
ATTEST:
JESUS SALAZAR, CITY SECRETARY b\\!!!!\ IpI tIll
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
gE:anlii?r::llaLyuT=.r::l:au!:?tny
BY: - WIi'tUi
:JeT;E;3.07.14 1357:43 -05'oo'
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DocuSign Envelope ID: F65ACE4D-85FF4D91-8085-05EC5115BBB7
DENTON
Docusign City Council Transmitta I Coversheet
FILE 1 7599-013
File Name Hickory Creek Lightln g Design
P„,h„i.gC,„t„t = 'i'' ' “'1’
City Council Target Date AUGUST 1 ’ 2023
Piggy Back Option
Contract Expiration
Ordinance
Not App11cab1 e
N/A
23 -1416
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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 HDR Engineering, Inc., with offices at 17111 Preston Road,
Suite 200, Dallas, TX 75204 and authorized to do business in Texas, ("ENGINEER"), for aPROJECT generally described as: Hickory Creek Lighting Design (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 Services
attached hereto as Attachment A. These services shall be performed in connectionwith the PROJECT.
B.Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specificallyagreed 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 $240,485.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT tocompletion as described in the PROJECT schedule as set forth in Attachment B.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
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(1) The Engineer shall provide the City sufficient documentation, including but notlimited to meeting the requirements set forth in the PROJECT schedule as setforth in Attachment B to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particularservices 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 will
be 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 and
care of a competent engineer.
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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 beperformed hereunder. The ENGINEER shall also advise the CITY concerningthe results of same. Such surveys, tests, and investigations shall be furnishedby the CITY, unless otherwise specified in Attachment A.
(2) in soils, foundation, groundwater, and other subsurface investigations, 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 in
subsurface 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 on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved byCITY, 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 ofsuch 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, andresponsibilities, 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 the
AGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or 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 inAttachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, ifthe work on the PROJECT is being performed in a manner indicating that the
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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 withAttachment 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 equipmentor structures that may affect operation or maintenance costs; competitivebidding 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 ultimatePROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with theAGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose theconstruction 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
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construction contractor that affect the amount that should be paid .
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of 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 othersthat is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years afterfinal payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate 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 thesubcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all suk)consultant facilities, and shall beprovided 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 berequested 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 of
the time copying is performed.
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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 each
occurrence with a $2,000,000.00 aggregate. If such Commercial GeneralLiability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
1.The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The CommercialGeneral Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,unless the CITY specifically approves such exclusions in writing.
11.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 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 the
engineer 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 orcommercial 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
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maintain workers
and, if necessary,
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commercial umbrella liability insurance with a limit of not less than$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i.ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to theextent these damages are covered by workers compensation andemployer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT.
d.Professional Liability – ENGINEER shall maintain professional liability, aclaims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 yearsfollowing the completion of the AGREEMENT. An annual certificate ofinsurance 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 in
coverage shall be provided to the CITY. A ten (10) days notice shall beacceptable 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
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Texas and have a minimum rating of A:V or greater, in the current A.M.Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g.Any deductible or self insured retention in excess of $25,000.00 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 coverage
maintained 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 incurringexpense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on 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 reasonablyequivalent 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.
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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 willmake 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 PROJECT
to permit testing and evaluation.
(2) if asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should 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, theENGINEER 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 perAttachment B 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
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ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for 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. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for 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 timelymanner in accordance with the PROJECT schedule prepared in accordance withAttachment B.
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.
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(1) CITY acknowledges ENGINEER will perform part of the work at CITY'sfacilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from anydamage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofENGINEER’s negligence or if ENGINEER brings such hazardous substance,contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing forcontractor 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 withconstruction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, 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 CITYand 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.
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(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
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 for
performance of the services, an equitable adjustment will be made through an amendmentto 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 by
the CITY or by others acting through or on behalf of the CITY of any such instruments ofservice 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
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(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice toENGINEER.
b by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and the
nonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails todiligently 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 the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approvalwill be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, anequitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER'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 COMMITTED BY THE ENGINEER OR ENGINEER’SAGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE ISCAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
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REASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, 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 beinvalid, 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 orignorance 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 who
perform 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 THIS
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/2214 of 18Pag
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PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision byENGINEER
L. Prohibition On Contracts With Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the companythat 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 to
those 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 notboycott 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, ora Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contractingwith 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 a
foreIgn terrorist organizatIon. Failure to meet or maintain the requirements under thisprovision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the company
that 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: (1)
does not boycott energy companies; and (2) will not boycott energy companies
durIng the term of the agreement. Failure to meet or maintain the requirementsunder this provision will be considered a material breach.
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 15 of 18
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O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verifIcation from the company
that 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 duringthe 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 Chapter2274 of the Texas Government Code. By signIng this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that 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 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 liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contractresulting 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 besubject to disciplinary action up to and including dismissal. Any violation of thisprovision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire.
R. Agreement Documents
City of Denton. TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 16 of 18
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This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, which supersedes all prior written or oral understandings, and may only bechanged by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, 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:
Attachment A - Scope of Services
Attachment B – Compensation and Fee Schedule
These documents make up the AGREEMENT documents and what is called for by oneshall 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 that
certain terms be in writing will be satisfied using electronic documents and signing.Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on08/01/2023 ' ' - -
BY:
CITY OF DENTON, TEXAS
BY:ENGINEER
DBcE£}aDpering
uKAS baM’;F;?MmRaRai
Date: 7/12/2023
2023-1044271
TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 17 of 18
DocuSign Envelope ID: F65ACE4D-85FF4D91-8085-05EC51 15BBB7
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operationalbusiness terms
ATTEST:JESUS SALAZAR, INTERIM CITYSECRETARY
BYSignature
Di rector of Capita1 Projects
Title
Caplta1 Projects
Department
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
7/12/2023Date Signed: ' ‘
’DocuSigned by:
BY:
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 18 of 18
DocuSign Envelope ID: F65ACE4D-85FF4D914085<)5EC51 15BBB7
ATrACHMENT A
SCOPE OF WORK
Project Name: Hickory Creek Road Phase II (from Riverpass Drive to Teasley Lane)Illumination DesignConsultant: HDR Engineering Inc.
This scope of services is submitted to prepare continuous roadway lighting plans for the roadway, sidewalk,
and shared-use-path (SUP) along Hickory Creek Road from Riverpass Drive to Teasley Lane (FM 2181),
in the City of Denton. The proposed lighting design for this project includes photometrics analysis (2
scenarios) and continuous lighting plans. The two (2) scenarios requested by the City are:
Scenario 1: Use roadside lighting for both the roadway and southern sidewalk for ultimate and
interim roadway layouts along with independent pedestrian/Shared-Use-Path (SUP) lighting for the
SUP on the north side of Hickory Creek Road. (Ultimate layout is 6 lane (3 in each direction) arterial)
Scenario 2: Use median-mounted lighting for both the roadway and southern sidewalk for the
ultimate and interim roadway layouts along with independent pedestrian/Shared-Use-Path (SUP)
lighting for the SUP on the north side of Hickory Creek Road. (Ultimate layout is 6 lane (3 in each
direction) arterial)
City of Denton will provide existing topographical data, proposed roadway, geometry, pedestrian ramps,
ROW, pavement markings, curbs, drainage area, trees, signs, poles and utilities information. HDR will not
be doing survey or roadway design updates as a part of this Scope of Services. Changes to the assumed
Scope of Services may result in increased project costs. Our scope is presented in the stages as detailed
below.
I Project Management, Coordination, and Data Collection: Stage I will involve the following tasks
including project management and coordination.
• Coordinate with the City to discuss and review scope of work, establish project schedule, and
provide updates on project progress.
Obtain roadway plans (electronic) from the City for the proposed roadway and intersection,
including existing topographical data, proposed roadway, ROW, pavement markings, curbs,
drainage area, trees, signs, poles, utilities, etc. Two (2) meetings are assumed for scope and
budget purposes. HDR shall not be responsible for missing information in the files provided
by the City.
Meet with the City of Denton project manager and conduct an on-site review and walk through.
Conduct a field review of the existing roadway to note and verify existing power source, existing
luminaries, existing roadway and intersection geometrics, physical constraints, power connection,
utility placement, and other details necessary for lighting plan preparation.
Page 1 of 4
•
•
•
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•
•
•
•
Conduct a kickoff/design concept meeting with the City to obtain design criteria, pertinent utility
plans, as-builts and other information available for the project area as well as determine the City’s
requirements and guidelines regarding illumination design.
Submit monthly invoicing and progress reports to the City.
Develop and maintain a detailed project schedule to track project progress.
Document phone calls and conference calls as required during the project to coordinate the work
for various team members
11.Photometrics Analysis: Stage II will involve the following tasks to prepare a photometrics studies for
this project.
• Conduct photometric analysis for the continuous roadway lighting layout for the 2 scenarios as
described in this scope using lighting design software, AGi32. The design will meet the horizontal
average-maintained illuminance and Uniformity Ratio (Avg/Min) requirements only. Light level
requirements will be reviewed and approved by the City prior to commencing photometric analysis.
Required illuminance levels for the roadway, sidewalks, and SUP will be determined via review of
the Illuminating Engineering Society Manual RP-8-21 “Roadway Lighting” requirements, TxDOT
Highway Illumination Manual, and City requirements/recommendations. Photometric analysis
results will be provided to the City via a preliminary layout Roll Plot for review by the City as the
30% submittal
III. Lighting Design: Stage III will involve the following tasks to prepare continuous lighting design plans
(1 1"x17") including design supporting studies and/or calculations for this project
• Survey of existing illumination through field visit and record drawings review.
Coordinate with the City for the final layout selection.
Coordinate with local electric power provider to establish locations for power service drops.
Design electric services for illumination to use Enclosure type of Aluminum (AL) or Stainless
Steel (SS). For overhead drops the Service Support Type shall be Steel Pole (SP).
Prepare draft sets of plans and quantity estimates for the proposed lighting plans for review by
the City. Draft plans will include completed continuous lighting plans including circuit wiring
diagrams showing the number of luminaires on each circuit, electrical conductors, length of
runs, and power service assemblies.
Submittals/Deliverables for City review shall be consistent with the content and format
described as follows
o 30% Plans:
• Photometric Analysis Roll Plot detailing light assembly placement with
corresponding light level ISO contours and grids of corresponding calculated
light levels for the roadway, sidewalk, and SUP. Pole nominal height,
•
•
•
•
•
Page 2 of 4
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photometric distribution type, arm length, and fixture arrangement shall be
detailed on the Roll Plot.
Photometric Analysis Roll Plot will only be submitted for City Review as part of
the 30% submittal and shall not be resubmitted as part of the 60%, 90%, 100%,
or Final Design/Ready for Construction submittals.
o 60% Plans:
• Design of roadway Illumination including preliminary placement of illumination
assemblies, conduits, ground boxes, and electrical services.
General Notes – Construction General Notes shall be compiled and inserted
in the plans after the Typical Sections.
Quantity Summary Sheets – Quantities shall be compiled and summarized in
a tabular format with the description of the items matching that of the bid
documents. Quantity Summary Sheets shall be located in the plans following
the General Notes
Design electrical services including electrical service data, breaker size,
service entrance conductors, and finalized electrical service locations.
Construction Estimate – The Consultant shall develop and submit an up-to-
date estimate of construction cost based off the quantities shown in the
submitted plans
•
•
o 90% Plans shall include the following on top of the material included in the 60%
submittal:
• Voltage Drop Calculations performed to determine electrical and ground
conductor sizing for copper wiring.
Conduit fill Calculations performed for proposed Illumination conduits.
Details and Standards – Appropriate details and standards shall be compiled
and inserted into the plans following the section in which the detail or standard
is applied. Additional foundation details shall be developed as required for the
decorative poles
Circuit Diagrams showing conduit and cable lengths and electrical service
information.
Special Specifications and Detail sheets shall be prepared, if applicable and
deemed needed
•
•
o 100% Plans:
• Closeout of remaining comments
o Final Design / Ready for Construction Plans:
• Signed and Sealed 11 ” x 17” Design Plans.
Meet with the CityfTxDOT to review draft submittal comments. One (1) meeting is assumed for
budget purposes
•
•
•
•
•
•
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•
e
•
The final submittal will include one hard copy and one electronic copy.
This estimate does not include provision of a boring profile or provisions of a Traffic Control
Plan (TCP) for construction of the lighting. These items should be requested from the lighting
contractor and should be included in their bid.
Provide special specifications and detail sheets, as needed, for LED luminaires and/or other
illumination design elements.
IV.Bid Phase & Construction Phase Services: Stage IV will include Bid Phase and Construction Phase
Services to assist the City and Contractor for the construction of the project and assisting the City in
responding to the events that occur during construction. These services shall consist of the following:
• Requests for Information (RFI) – The Consultant shall provide technical interpretation of the
Bid Documents and shall prepare proposed responses to be approved by the City to
contractors’ questions and requests. The Consultant will log and track the Contractor’s
requests throughout this stage.
Completion of Record Drawings: Stage V will include the consultant preparing Construction Record
Drawings based on information received from the Construction Contractor (redline drawings) within
thirty (30) days of substantial completion of construction and provide the drawings to the City.
V.
V.Services Not Included: Illumination design services not included as part of this contract include but
are not limited to existing illumination layout sheets, high mast design, underpass design, temporary
lighting design, or safety lighting design. Photometric analysis results will be presented in roll plot format
only; a memo summarizing the photometric analysis will not be submitted. Additional illumination design
services not explicitly stated as part of this contract shall be covered with a supplemental work
authorization if deemed needed .
VI. Deliverables:
1. 30% / Photometric Analysis Results Roll Plot.
2. 60%, 90%, 100% Plans, specifications, and estimates for City to review.
3. Final Signed and Sealed Plans, Specifications, and Cost Estimates.
4. Bid Documents.
5. Responses to Requests for Information (RFls) and Review of Shop Drawings and Specifications
as required.
6. Final Record Documents and/or As-Built Documents.
It should be noted that the above scope does NOT include ROW /Easement document preparation.
Page 4 of 4
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ATTACHMENT B
PROJECT FEE SCHEDULE
Task Design Fee
I. Project Management and Coordination
II. Photometrics Analysis
III. Lighting Design
IV. ODE
$14,180
$33,400
$81 ,600
$380
c $129,560
V. SPECIAL SERVICES
Subsurface Utility Engineering – SUE (Rios Group)
SUBTOTAL $1 10,925
$240,485TOTAL PROJECT
DocuSign Envelope ID: F65ACE4D-85FFzID91-8085-05EC51 15BBB7 ATTACHMENT B
HOURLY BILLABLE RATES BY POSITION
Principal/Vice President
Project Manager
Senior Traffic Engineer
Project Engineer
EIT
Clerical/Administrative
$300.00
$250.00
$200.00
$150.00
$100.00
$85.00
DocuSign Envelope ID: F65ACE4D-85FF4D91-8085<)5EC51 15BBB7
CONFLICT OF INTEREST QUESTIONNAIRE -For vendor or other person doing business with local governmental enti
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. An offense under this section is amisdemeanor.a W
HDR Englneer1 IIg, Inc
2 U Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
d Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must 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?H ,“n ,..
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named inthis section AND the taxable income is not received from the local governmental entity?n „”= „„,
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officeror director, or holds an ownership of one percent or more?n Yes E No
D Describe each employment or business and family relationship with the local government officer named in this section.
4
5
Ld I have no Conflict of Interest to disclose.
7/12/2023
Signaturin with the govemmental entity Date
DocuSign Envelope ID: F65ACE4D-85FF4D91-8085-05EC51 15BBB7
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy ofChapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 176.htm. For easyreference, below are some of the sections cited on this form.
Local Government Code q 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of theparties. 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 govemmental 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 by1and 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 $2p500 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 govemmental entity is considering entering into a contract with the vaKk)c
(B) has given to the local government officer or a family member ofthe officer one or more gifts that have an aggregate value ofmore
than $ 100 inthe 12-monthpedodpreceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and {a-1)
(a) A vendor shall file a completed conflict of Interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family memberofthe officer, described by Section 176.003(a)(2)(A);
(2) has given a local govemment officer of that local govenrmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176,003(a-1); or
(3) has a family relationship with a local govemment officer of that local governmental entity,
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business 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) submitsto the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the ofTicerl
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 oHcer.
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 (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Conunission, 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 rightof-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2 -273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (850.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may reconurrend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year,
'orm provided by Texas Ethics Commission www. ethics .state. tx . us Revised 11/30/2015
[k>cuSign
Certificate Of Completion
Envelope Id: F65ACE4D85FF4D91808505EC5115BBB7
Subject: Please DocuSign: City Council Contract 7599413 Hickory Creek Lighting Design
Source Envelope:
Status: Completed
Document Pages: 27
Certificate Pages: 6
AutoNav: Enabled
Signatures: 6 Envelope Originator:Erica Garcia
901B Texas Street
Initials: 1
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/5/2023 5:26:47 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Signature Timestamp
Sent: 7/5/2023 5:29:48 PM
Viewed: 7/5/2023 5:29:55 PM
Signed: 7/5/2023 5:30:34 PM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 7/5/2023 5:30:36 PM
Viewed: 7/6/2023 7:45:47 AM
Signed: 7/6/2023 7:46:05 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
'Docu$ion•d by
IMAytL[hURA,
,4B07Q831B4AA438.
Sent: 7/6/2023 7:46:07 AM
Viewed: 7/12/2023 9:23:13 AM
Signed: 7/12/2023 9:38:23 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Lucas Bathurst
lucas.bathurst@hdrinc.com
Vice President
HDR Engineering, Inc.
Security Level: Email, Account Authentication(None)
Sent: 7/12/2023 9:38:26 AM
Viewed: 7/1 2/2023 9:39:26 AM
Signed: 7/1 2/2023 1 :41 :09 PM
Signature Adoption: Pre-selected Style
Using IP Address: 163.116.133.152
Electronic Record and Signature Disclosure:Accepted: 7/12/2023 9:39:26 AMID: d78088d2-6da54dfd-ac37-7cc967f67a93
Signer Events
Trevor Crain
Trevor.Crain@cityofdenton,com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 7/12/2023 1 :41:11 PM
Viewed: 7/1 2/2023 1 :41 :54 PM
Signed: 7/1 2/2023 1 :42:25 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 7/12/2023 1 :41 :54 PMID: f2934f39-62414da2-ac15-6c3dfa083efe
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: 7/12/2023 1 :42:29 PM
Viewed : 8/2/2023 8:05:13 AM
Signed: 8/2/2023 8:05:42 AMUsing IP Address: 198.49.140.104
Sara Hensley
sara.hensley@cityofdenton,com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 8/2/2023 8:05:45 AM
Viewed: 8/2/2023 8:40:49 AM
Signed: 8/2/2023 8:41 :23 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication(None)
Sent: 8/2/2023 8:41 :26 AM
Viewed: 8/2/2023 12:17:38 PM
Signed: 8/2/2023 12:19:42 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 8/2/2023 12:17:38 PMID: cb68caa5-6639-+c2d-b7af-50ba973b6ebd
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status
Status
Timestamp
Intermediary Delivery Events Timestamp
Certified Delivery Events Status
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
Timestamp
Sent: 7/5/2023 5:30:36 PM
Carbon Copy Events
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
Status Timestamp
Sent: 7/12/2023 1 :42:28 PM
Viewed: 7/12/2023 1 :47:33 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
ElectronIc Record and Signature Disclosure:Not Offered via DocuSign
Sent: 8/2/2023 12:19:44 PM
Viewed: 8/2/2023 2:55:27 PM
Dustin Draper
dustin.draper@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 7/24/2023 10:10:21 AMID: b7202513-21b24447-aec8-f9ebc1 698b00
Sent: 8/2/2023 12:19:46 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Envelope Updated
Certified Delivered
Signing Complete
Completed
Status Timestamps
7/5/2023 5:29:48 PM
7/1 2/2023 1 :53:56 PM
8/2/2023 12:17:38 PM
8/2/2023 12:19:42 PM
8/2/2023 12:19:46 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Lucas Bathurst, Trevor Crain, Jesus Salazar, Dustin Draper
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree’ button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS)
Browsers (for SIGNERS)
r
1
mlet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or above)
ness to a valid email account&,mail
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaoxy connection
++ These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OFELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
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