7878 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
7878
Not Applicable
Roadway Funding Strategy
Cori Power
RFQ
MARCH 1, 2022
N/A
22-380
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 1 of 34
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7878
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called “OWNER” and Freese and Nichols, Inc., with its corporate
office at 801 Cherry St., Suite 2800, Fort Worth, TX 76102, hereinafter called
“CONSULTANT,” acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, Roadway Funding Strategy services, as described
in Exhibit A, which is on file at the purchasing office and incorporated herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
03/01/2022
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 2 of 34
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 7878 – Roadway Funding Strategy, which is on file at the purchasing
office and made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B, which shall be attached to this Agreement and made a part
hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit B.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 3 of 34
ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit B. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit B which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $550,900.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 4 of 34
in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit B. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff,
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain insurance in compliance with the requirements of Exhibit C which is attached hereto
and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
Freese and Nichols, Inc. City of Denton
Trey Shanks Purchasing Manager –File 7878
801 Cherry Street, Suite 2800 901B Texas Street
Fort Worth, TX 76102 Denton, Texas 76201
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 7 of 34
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – RFQ 7878 – Roadway Funding Strategy services (on file at the purchasing
office)
Exhibit B – Consultant’s Scope of Services Offer, Project Schedule, Compensation Fees
Exhibit C – Consultant’s Insurance Requirements
Exhibit D – Conflict of Interest Questionnaire
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Trey Shanks. However, nothing herein shall limit CONSULTANT
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 9 of 34
from using other equally qualified and competent members of its firm to perform the
services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. 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.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 10 of 34
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
ARTICLE XXIV
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and
“company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this agreement, Consultant certifies that Consultant’s signature
provides written verification to the City that Consultant: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
ARTICLE XXV
PROHIBITION ON CONTRACTS WITH COMPANIES DOING BUSINESS WITH
IRAN, SUDAN, OR A FOREIGN TERRORIST ORGANIZATION
Section 2252 of the Texas Government Code restricts CITY from contracting with companies
that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Consultant certifies that Consultant’s signature provides written verification to the City that
Consultant, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will
not become ineligible to receive payments under this agreement by doing business with Iran,
Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
ARTICLE XXVI
CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the
Consultant submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Consultant will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The consultant shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject
line. (EX: Contract 1234 – Form 1295)
The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day
after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
ARTICLE XXVII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City’s Ethic Ordinance 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 the Contract voidable by the City. The Consultant shall complete and submit the City’s
Conflict of Interest Questionnaire.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
03/01/2022
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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CONSULTANT
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
INTERIM CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
Principal
817-881-9132
CB@freese.com
Chris Bosco
General Manager of Public Works
Public Works
ethan cox
2022-845400
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Exhibit A
RFQ 7878 – Roadway Funding Strategy for the City of Denton
(on file in the purchasing office)
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Exhibit B
RFQ 7878 – Roadway Funding Strategy
Scope of Work
PROJECT UNDERSTANDING
The City of Denton (the “City”) owns and maintains approximately 1,600 lane-miles of roadway
assets, which are inspected on a five-year basis. Based on this data, the City executes
maintenance, repair, and capital improvement plans. The overall condition index (OCI) of the
City’s roadway network has improved from a 64 in 2015 to 68 in 2020, out of a 100-point scale.
However, the City has a goal to improve and maintain the network’s OCI to 70, which will
require continued investment in maintenance and capital improvement programs. These
programs are funded through a variety of established sources (franchise fees, municipal bonds,
and state/federal funding). The City projects that these funding sources will not generate
sufficient capital to address all the roadway improvements needed over the next 5 years.
Additionally, each funding source is only intended to be used for specific types of roadway
improvement projects. For example, municipal GO bonds are not intended to be utilized to fund
maintenance improvements.
The purpose of this project is to optimize the City’s existing maintenance, repair, and capital
improvement strategy, considering both roadway condition and funding sources over the next 40
years. Additionally, this project will evaluate multiple funding strategies that can be established
to pay for a portion of these activities. Supplementary services related to development of a
dynamic roadway management and funding strategy tool, as well as implementation of an
additional funding source can be provided as “Special Services”.
BASIC SERVICES
Task A: Project Management
A.1 Meeting - Project Kickoff: Freese and Nichols (FNI) will meet with the City to review
scope, project team, schedule of the project, and present a data request outlining the
data needs for the project. FNI will prepare and deliver meeting minutes documenting
the discussion items.
A.2 Project Administration: FNI will provide project management services including
project coordination and communications with the City. Monthly invoices and status
reporting will be conducted. Project progress and milestone meetings are outlined in
the individual scope tasks.
A.3 Project Coordination Meetings: FNI will conduct 30-minute bi-weekly virtual
meetings with the City to coordinate activities, track progress, discuss pending needs
and review upcoming activities and milestones.
Task B: Data Collection and Review
B1. Data Collection: FNI will collect existing, relevant data from the City for use in the
development of the Roadway Funding Strategy. FNI already has a significant amount
of data in-house, including roadway condition assessment data, roadway capital
improvement project data, Water and Wastewater GIS data, and InfoAsset Planner
models and the Water Master Plan, for this effort but will coordinate with the City to
obtain updates and other data as appropriate. FNI will compile data from the City for
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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roadway, water, wastewater, and stormwater infrastructure inventory, including the
following, as available:
GIS infrastructure data
Level of service data
Condition, criticality, and risk-based scoring data
Renewal and maintenance data
o Asset condition assessment data
o Completed maintenance improvement project lists (with costs)
o Work orders and complaint database records
Capital improvement data
o Planning documents
o Infrastructure capital improvement project lists
o Completed capital improvement project lists (with costs)
Current funding
o Roadway revenue sources and budgets
o Funding policies
o Relevant financial metrics, such as assumed inflation and interest
rates
o Current source funding terms
o Funding source bond schedules
o Funding source constraints
B2. Data Capture Interviews: FNI will conduct up to six (6) virtual meetings with City staff
from multiple departments, including Water Utilities, to review provided data and to
collect institutional knowledge where documentation is not available. FNI will
interview staff to understand the current process(es) conducted to plan renewal
actions and to develop CIP for roadway and subsurface utility infrastructure. Current
approaches for cross-infrastructure coordination will be documented.
B3. Roadway Funding Data Review: FNI will review the data and information provided to
evaluate its value for inclusion in the roadway funding strategies planning process
and feasibility for inclusion in the roadway funding model. FNI will evaluate factors
including the completeness of the asset inventory, attribute data, segmentation
approach and consistency, risk-based condition assessment data, and other relevant
factors.
B4. Meeting - Data Assessment Findings: FNI will meet one (1) time with the City to
review findings of the data assessment. FNI will prepare and deliver meeting minutes
documenting the discussion items.
Task C: Roadway Maintenance & Improvement Strategy Evaluation
C.1 Review and Update Roadway Lifecycle Projections: FNI will utilize data provided by
the City, in Task B, to review projections for roadway degradation curves. Roadway
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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degradation curves projections may consider roadway age, maintenance history,
pavement type, roadway classification, traffic loading, and other factors as data is
available. FNI will also review estimated condition index impacts and life extension
projections of roadway improvement types performed by the City. FNI will update
the roadway lifecycle projections based on data review. Where City specific data is
not available, FNI will develop projections based on common industry practice.
C.2 Meeting - Roadway Lifecycle Projections: FNI will meet one (1) time with the City to
review the roadway lifecycle projections. FNI will prepare and deliver meeting
minutes documenting the discussion items.
C.3 Develop Roadway Lifecycle Model: FNI will develop a roadway lifecycle model based
on the previously developed projections (Task C.1). The model will be utilized to
estimate the yearly OCI score of each roadway asset in the City’s network over a 40-
year timeframe.
C.4 Evaluate City’s Existing Roadway Management Activities: FNI will incorporate the
City’s existing roadway management activities and strategy into the roadway
lifecycle model. The model will be utilized to estimate the yearly OCI of each
roadway asset over a 40-year timeframe based on the City’s existing management
strategy and a no-maintenance run-to-failure strategy. FNI will prepare summary
information and large mapping of the model results.
C.5 Meeting - Roadway Lifecycle Model and Existing Management Strategies
Evaluation: FNI will meet one (1) time with the City to review the roadway
lifecycle model results and the effectiveness of the City’s existing roadway
management strategy. FNI will discuss alternative roadway management approaches
with the City. The City will identify specific roadway management approaches to be
used for further evaluation with the model (Task C.6). FNI will prepare and deliver
meeting minutes documenting the discussion items.
C.6 Evaluate Alternative Roadway Management Strategies to Optimize Whole Life
Cost: FNI will assess alternative roadway management approaches, selected by the
City, in the roadway lifecycle model to identify a roadway management strategy to
optimize whole-life cost of roadway infrastructure. This iteration of the model will
include utility condition index ratings from associated water, wastewater, and
stormwater pipe. Funding options and constraints will be factored into a subsequent
iteration of the model (Task D). The model will be utilized to estimate the yearly OCI
and whole-life cost of each roadway asset over a 40-year timeframe based on the
optimized roadway management strategy. FNI will prepare summary information and
mapping of the model results.
C.7 Meeting - Roadway Management Strategies Review: FNI will meet one (1) time with
the City to review the alternative roadway management strategies model results. FNI
will collect feedback and review revisions with the City in up to two (2) project
coordination meetings. FNI will prepare and deliver meeting minutes documenting
the discussion items.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Task D: Roadway Funding Evaluation
D.1 Develop Funding Assumptions: FNI will utilize data provided by the City to develop
assumptions for roadway improvement funding, to include such things as: financial
factors, funding options, policies, revenue expectations, and revenue constraints for
each existing and potential funding source.
D.2 Identify Roadway Funding Source Options: FNI will utilize data provided by the
City, and from previously developed assumptions (Task D.1), to identify long-term
roadway funding options to be incorporated into the roadway lifecycle model.
Potential long-term funding options include franchise fees, property taxes, sales taxes,
general fund, and user fees. A high level summary of relevant 3rd-party funding
options, including County, NCTCOG, State, and Federal options will also be
identified. FNI will meet with the City to review the identified roadway funding
sources and collect feedback regarding any potential constraints during a project
coordination meeting.
D.3 Incorporate Roadway Funding Scenarios: FNI will incorporate the roadway funding
options into the roadway lifecycle model. The model will then be utilized to estimate
the yearly maintenance and improvement cost and OCI of each roadway asset over a
40-year timeframe based on the optimized roadway management strategy and the
identified roadway funding options.
D.4 Meeting - Roadway Funding Options Review: FNI will meet one (1) time with the
City to review the identified roadway funding options for the City’s consideration.
The City will provide feedback regarding the identified funding options for further
evaluation within the model. FNI will prepare and deliver meeting minutes
documenting the discussion items.
D.5 Perform Roadway Funding Options Evaluation: FNI will incorporate the feedback
and comments from the City into the roadway lifecycle model. FNI will optimize the
roadway strategy considering optimized roadway management approaches and the
revised roadway funding options. The model will be utilized to estimate the yearly
OCI with an intent to meet the City’s goal OCI, whole-life cost of each roadway
asset, and revenue demand from identified funding sources over a 40-year timeframe
based on the optimized roadway management strategy. FNI will prepare a summary
of the yearly roadway network costs, OCI score, projected funding levels for each
funding source, and potential financial impact to the community for each funding
strategy.
D.6 Meeting - Roadway Funding Strategies Evaluation Review: FNI will meet one (1)
time with the City to review the optimized roadway management and funding
strategies. FNI will revise the roadway management and funding strategies up to two
times. FNI will collect feedback and review revisions with the City in up to two (2)
project coordination meetings. FNI will prepare and deliver meeting minutes
documenting the discussion items.
Task E: Roadway Funding Strategy Report
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City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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E.1 Prepare Draft Roadway Management & Funding Assessment Report: FNI will
provide the City a report documenting the data assessment, assumptions, model
development, results of the evaluation, recommendations on an optimized roadway
management strategy, and potential financial impact to the community.
E.2 Meeting - Draft Report Review: FNI will meet one (1) time with the City to discuss the
draft report. FNI will prepare and deliver meeting minutes documenting the
discussion items.
E.3 Finalize Roadway Management & Funding Assessment Report: The City will
consolidate and provide one set of review comments of the draft report for FNI to
address. FNI will revise the draft report based upon the City’s comments and prepare
a final report. FNI will provide the City with two (2) hard copies, and an electronic
copy in PDF format of the report. FNI will provide the City with five (5) paper copies
of the final report along with digital copies in PDF format.
E.4 Present Summary of Project Findings to City Council: FNI will prepare and present a
summary of the project’s findings and recommendations to City Council in a work
session. FNI will coordinate with City staff in preparation of the presentation prior to
the meeting with City Council.
BASIC SERVICES SUMMARY OF DELIVERABLES:
Monthly Project Updates (Task A.2)
Data Assessment Findings (Task B.4)
Roadway Lifecycle Projections (Task C.2)
Roadway Lifecycle Existing Strategy Results (Task C.4)
Roadway Lifecycle Optimized Strategy Results (Task C.6)
Roadway Funding Source Options (Task D.2)
Optimized Roadway Management and Funding Strategy (Task D.5)
Draft Roadway Management & Funding Assessment Report (Task E.1)
Final Roadway Management & Funding Assessment Report (Task E.3)
Presentation to City Council (Task E.4)
BASIC SERVICES PROJECT SCHEDULE:
Milestone Schedule
Notice to Proceed March 1, 2022
Kickoff Meeting By March 4, 2022
Data Assessment Findings Meeting By March 18, 2022
Roadway Lifecycle Projections By March 25, 2022
Roadway Lifecycle Existing Strategy Results By April 15, 2022
Roadway Lifecycle Optimized Strategy Results By May 6, 2022
Roadway Funding Source Options By March 25, 2022
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Optimized Roadway Management and Funding Strategy By May 13, 2022
Roadway Management & Funding Assessment Draft Final Report By May 31, 2022
Roadway Management & Funding Assessment Final Report 2 weeks from receipt of Final
City comments
Presentation to City Council TBD per City schedule
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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SPECIAL SERVICES
Upon separate written request of the City, FNI will provide the following services related to the
Basic Scope of Services. Task F (Roadway Management Strategy Dynamic Modeling Tool)
provides services to develop a dynamic modeling tool to modify and update the roadway
management and funding strategy over time as circumstances and conditions change. Task G
(Roadway User Fee Development and Implementation) provides services for the development
and implementation of a monthly user fee to generate dedicated revenue for roadway
management needs.
Task F: Roadway Management Strategy Dynamic Modeling Tool
FNI will work with the City to automate components of the roadway management process using
available software tools to minimize the manual effort required for infrastructure investment
planning. FNI’s approach intends to maximize use of the City’s existing software tools,
including, Cartegraph, CityWorks, ESRI ArcGIS, ESRI Model Builder, as well as readily
available programs such as Microsoft PowerBI to assist in coordinated evaluation and effective
communication of results with stakeholders.
This scope is based on the following assumptions:
Infrastructure inventory and attributes are populated in ESRI ArcGIS
Priority purpose of the software tool:
o Automate the analysis and decision-making process for infrastructure investment
planning activities
o Visualization dashboard for stakeholder communication
F.1 Roadway Management Tool Options Analysis: FNI will prepare an evaluation of
software tools, emphasizing existing software used by the City, to automate
components of the roadway management process. Software options to be evaluated
include ESRI ArcGIS Model Builder, Microsoft Excel, Power BI, and Tableau. FNI
will identify conceptual approaches for each software to enhance the process
execution, including pros and cons of each option. Factors for consideration in the
evaluation of each approach will include existing implementation of software by City,
staffing requirements to maintain and use software, functionality, integration
capability with existing City systems, and cost.
F.2 Meeting - Roadway Management Tool Review: FNI will conduct one (1) workshop
with the City to discuss software automation/standardization options. FNI will present
the results of the software tool options analysis. FNI will facilitate discussion with
City staff to identify the preferred software approach for development, as well as the
anticipated users of the software tool.
F.3 Meeting - Roadway Management Tool Requirements: FNI will conduct one (1)
workshop with the City to identify and document the specific requirements for the
software tool. FNI will walk through the roadway management standardized process
as applicable to identify components that can be automated through the software tool,
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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as well as current constraints. FNI will facilitate discussion with the City’s anticipated
software tool users to identify preferred user interfaces for entering data, modifying
parameters, conducting analyses, and generating output.
F.4 Roadway Management Tool Requirements Document: FNI will prepare a draft
Software Requirements Document to detail the scope of the software tool to be
developed. The draft document will include:
Tool overview (purpose and scope)
Functional logic (user process and experience)
Design considerations (system requirements, assumptions, constraints, user
access, etc.)
FNI will provide the draft Software Requirements document to the City for review.
FNI will address the City’s feedback and finalize the Software Requirements
document. An electronic PDF of the document will be delivered to the City.
F.5 Initial Draft Roadway Management Tool: FNI will develop a draft software tool,
adhering to the Software Requirements Document.
F.6 Meeting - Initial Draft Roadway Management Tool Review: FNI will conduct one (1)
workshop with City staff to present the draft software tool, demonstrate the
functionality, and facilitate discussion about features and desired modifications. FNI
will document requested modifications and note changes that can be made within the
scope of the project and modifications that require additional effort to be
implemented.
F.7 Final Draft Roadway Management Tool: FNI will develop a final draft version of the
software tool, adhering to the Software Requirements Document and incorporating
implementable feedback obtained in the Initial Draft Roadway Management Tool
Review Meeting.
F.8 Meeting - Final Draft Roadway Management Tool Review: FNI will conduct one (1)
workshop with City staff to present the final draft software tool, demonstrate the
functionality, and facilitate discussion about features and desired modifications. FNI
will document requested modifications and note changes that can be made within the
scope of the project and modifications that require additional effort to be
implemented.
F.9 Final Roadway Management Tool: FNI will develop a final version of the software
tool, adhering to the Software Requirements Document and incorporating
implementable feedback obtained in the Final Draft Roadway Management Tool
Review Meeting. FNI will deliver the Final Roadway Management Tool to the City in
preparation for staff training.
F.10 Training Workshop: FNI will conduct one day of training for City staff. The goals
of the training workshop are to train staff on the Process Workflow and use of the
Roadway Management Tool in the development of prioritized improvement planning.
FNI will provide up to five (5) laptop computers for the training workshop.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Licensing accommodations are dependent of the software selected for the Roadway
Management Tool. The training workshop will be held at the City of Denton office.
F.11 On-Call Support: FNI will provide 40 hours of on-call support to City staff for
implementation assistance of the Roadway Management Tool. Additional support
will be provided to the City upon request as an Additional Service.
Task G: Roadway User Fee Development and Implementation
G.1 Roadway User Fee Kickoff Meeting: FNI will meet with the City to discuss key policy
issues for the creation of the Roadway User Fee. The following policy issues will be
discussed at the initial meeting to discuss and finalize the methodological approach for
the development of the Roadway User Fee.
a) Identification of system users expected to receive assessment
b) Approach to assessing fee to individual properties
c) Fee structure
d) Exemptions
e) Appeals policy
G.2 Data Collection: This effort will be limited to existing, available information. FNI will
collect and integrate into a GIS database the following information, as available:
a) Existing parcel information from the City and/or Denton County Appraisal
District.
b) Current utility billing records
c) Building development area from Appraisal District data or other existing
GIS data approved by the City
d) Land use data from the City, Denton Central Appraisal District, FNI’s
internal files, and the City’s recently completed impact fee study
e) Trip factors for the various land uses – FNI will utilize the service unit
equivalency table prepared as part of the current city roadway impact fee
study as a basis for defining tiered fee structuring.
G.3 Roadway User Fee Rate Model: FNI will create up to three (3) Roadway User Fee Rate
Models using a combination of the information collected in Task GS.2. Each model
option will assume a single rate for each single-family residential property, and non-
single family residential property rates will be determined based on a combination of
the data collected in Task G.2. Options will include:
a) Basis for classification of travel characteristics
b) Fee structure
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City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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c) Rates (Residential and non-residential fee options) by classification and/or
tier
d) Exemptions
e) FNI will meet with the City to discuss fee structure options, and based on
meeting input from the City staff, FNI will modify the three (3) fee rate
options for consideration by City Council.
G.4 Roadway User Fee Ordinance, Fee Schedule and Appeals Process: FNI will support
the city in the development of a draft Roadway User Fee ordinance, fee schedule and
appeals process for Council adoption. The City will be responsible for all public
outreach, required noticing and publishing of public noticing consistent with state
and/or local requirements.
G.5 Fee Table Structure: FNI will provide the City with a fee table structure for the
Roadway User Fee to be added into the City’s existing utility billing system.
G.6 City Council Meeting for Utility Ordinance and Fee Schedule Adoption: The City
will present the Roadway User Fee Ordinance and Fee Schedule to be considered for
adoption. FNI will support with the development of meeting materials for public
hearings.
G.7 Roadway User Fee Utility Billing Integration: FNI will coordinate with City staff to
integrate the Roadway User Fee data developed in GIS into the City’s utility billing
system. FNI will utilize the City’s unique identifiers for each property to allow for
ongoing maintenance of the appropriate Roadway User Fee between the City’s GIS
and utility billing system.
a) Quality control testing prior to transition: FNI will coordinate with City
staff to conduct up to two (2) trial billing runs. Following each cycle FNI
will conduct trial data exports to GIS for maintenance updates.
b) Utility billing maintenance methodology: FNI will coordinate with the
City to develop a data integration approach for maintenance of the
dataset. This will include maintenance of data through project
development to keep dataset current.
G.8 Cost of Service Evaluation: FNI will perform an independent Cost of Service
Evaluation based on the roadway lifecycle and funding model and coordination with
City staff.
G.9 Roadway User Fee Implementation Final Report: FNI will prepare a final report that
documents the basis and approach for the development, implementation and
maintenance of the City’s Roadway User Fee. FNI will provide the City with five (5)
hard copies and one (1) electronic file of the draft Roadway User Fee Report upon
completion of the project. Upon receipt of the City’s final comments, FNI will
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City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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finalize the report and deliver five (5) hard copies and one (1) electronic file to the
City.
G.10 Public Outreach: FNI will develop up to two (2) mailers and/or social media
postings to be distributed to the community. The mailers/postings will provide
information to educate the community about the need for and benefit of proper
pavement management, the equitable nature of funding this service through a
Roadway User Fee, and the proposed fee recommended for approval by City Council.
This information will be provided to the City in an electronic format for printing as a
utility bill insert, separate mailer, handout, or social media posting. The City will be
responsible for the logistics and cost of printing and distributing the information.
G.11 Roadway User Fee Web Site: FNI will develop a roadway management web site for
the community to learn about current activities, needed activities, and funding options
to address both in the long term. The web site will be developed as a stand-alone site
linked from the City’s web site.
G.12 Stakeholder Meetings: FNI will provide technical support to the City for up to five
(5) public stakeholder meetings to educate the community about pavement
management and needs, to present funding recommendations, and to collect public
input. The City will be responsible for securing a location for each meeting and
providing seating for attendees. The City will provide presentation equipment, note
boards, comment forms, handouts, and light refreshments. FNI will support with the
development of a PowerPoint presentation discussing the methodological approach to
the development of the Roadway User Fee, the framework for fee structuring and
program implementation.
G.13 Road User Fee Implementation On-call Assistance: FNI will provide on-call
implementation assistance to help the City initiate billing, proactively address key
stakeholder concerns, respond to community questions, and other related activities
requested by the City.
SPECIAL SERVICES SUMMARY OF DELIVERABLES:
Task F – Roadway Management Strategy Dynamic Modeling Tool
Roadway Management Tool Requirements Document (Task F.4)
Initial Draft Roadway Management & Funding Tool (Task F.5)
Final Draft Roadway Management & Funding Tool (Task F.7)
Final Roadway Management & Funding Tool (Task F.9)
Task G – Roadway User Fee Development and Implementation
Roadway User Fee Policies and Goals Memo (Task G.1)
Roadway User Fee Model Fee Structure Options (Task G.3)
Roadway User Fee Draft Ordinance, Fee Schedule, and Appeals Process ( Task G.4)
Draft Roadway User Fee Rate Structure (Task G.5)
Final Draft Roadway User Fee Development and Implementation Report (Task G.9)
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Public Outreach Content for Mailers, Social Media, Web Site (Tasks G.10, G.11)
SPECIAL SERVICES PROJECT SCHEDULE:
Task F – Roadway Management Strategy Dynamic Modeling Tool
To be determined in coordination with City staff. Typical schedule would be 3-5 months
from Notice to Proceed.
Task G – Roadway User Fee Development and Implementation
To be determined in coordination with City staff. Typical schedule would be 4-6 months
from Notice to Proceed. Additional time may be necessary to accommodate public outreach.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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TOTAL COMPENSATION
FNI will provide the identified Basic Services for the lump sum total of Two-Hundred Twenty-
Nine Thousand Nine Hundred Dollars ($229,900.00). Upon request of the City, FNI will provide
Special Services for Task F (Roadway Management Strategy Dynamic Modeling Tool) for the
lump sum total of One-Hundred Twenty-Eight Thousand Nine Hundred Dollars ($128,900.00)
and for Task G (Roadway User Fee Development and Implementation) for the lump sum total of
One-Hundred Ninety-Two Thousand One Hundred Dollars ($192,100.00)
BASIC SERVICES
Task A: Project Management $19,800.00
Task B: Data Collection and Review $25,600.00
Task C: Roadway Maintenance & Improvement Strategy Evaluation $78,400.00
Task D: Roadway Funding Evaluation $91,200.00
Task E: Roadway Funding Strategy Report $14,900.00
Basic Services Subtotal $229,900.00
SPECIAL SERVICES
Task F: Roadway Management Strategy Dynamic Modeling Tool $128,900.00
Task G: Roadway User Fee Development and Implementation $192,100.00
Special Services Subtotal $321,000.00
PROJECT TOTAL $550,900.00
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Exhibit C
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 29 of 34
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 30 of 34
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 31 of 34
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 32 of 34
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
City of Denton, Texas Contract 7878
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 33 of 34
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Exhibit
DocuSign Envelope ID: 7E861467-83DC-44C1-94AA-3A5659B9E4FF
Freese and Nichols, Inc.
D
X
2/1/2022
N/A
N/A
Certificate Of Completion
Envelope Id: 7E86146783DC44C194AA3A5659B9E4FF Status: Completed
Subject: Please DocuSign: City Council Contract 7878 - Roadway Funding Strategy
Source Envelope:
Document Pages: 35 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
1/31/2022 11:44:36 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 1/31/2022 11:49:21 AM
Viewed: 1/31/2022 11:49:42 AM
Signed: 1/31/2022 11:50:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 1/31/2022 11:50:25 AM
Viewed: 1/31/2022 12:26:43 PM
Signed: 1/31/2022 12:29:03 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.191.210.54
Signed using mobile
Sent: 1/31/2022 12:29:06 PM
Viewed: 1/31/2022 5:22:40 PM
Signed: 1/31/2022 5:29:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Bosco
CB@freese.com
Principal
Freese and Nichols, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 97.75.108.6
Sent: 1/31/2022 5:29:31 PM
Viewed: 1/31/2022 5:36:17 PM
Signed: 2/1/2022 9:29:10 AM
Electronic Record and Signature Disclosure:
Accepted: 1/31/2022 5:36:17 PM
ID: 19b074d1-8897-4a02-9314-e8524387c7f2
Signer Events Signature Timestamp
ethan cox
ethan.cox@cityofdenton.com
General Manager of Public Works
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 2/1/2022 9:29:15 AM
Viewed: 2/1/2022 9:30:37 AM
Signed: 2/1/2022 9:30:48 AM
Electronic Record and Signature Disclosure:
Accepted: 8/7/2018 4:24:18 PM
ID: feebacc3-151e-47bb-af6d-be8889ffcb35
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 2/1/2022 9:30:50 AM
Viewed: 3/2/2022 9:57:21 AM
Signed: 3/2/2022 9:58:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/2/2022 9:58:20 AM
Viewed: 3/2/2022 9:58:46 AM
Signed: 3/2/2022 9:58:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 3/2/2022 9:58:56 AM
Viewed: 3/2/2022 2:35:41 PM
Signed: 3/2/2022 2:36:59 PM
Electronic Record and Signature Disclosure:
Accepted: 3/2/2022 2:35:41 PM
ID: 04324283-6ad2-48d6-96be-3dee2e5e3d71
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2022 11:50:26 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 2/1/2022 9:30:50 AM
Viewed: 2/2/2022 7:53:28 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 3/2/2022 2:37:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 3/2/2022 2:37:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/31/2022 11:49:21 AM
Certified Delivered Security Checked 3/2/2022 2:35:41 PM
Signing Complete Security Checked 3/2/2022 2:36:59 PM
Completed Security Checked 3/2/2022 2:37:03 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
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speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Chris Bosco, ethan cox, Rosa Rios
How to contact City of Denton:
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