7998 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
RFQ
Erica Garcia
Impact Fee Wastewater/Water
No
7998
AUGUST 16, 2022
N/A
22-1509
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7998
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 Kimley-Horn and Associates, Inc., with its
corporate office at 801 Cherry St, Suite 1300, Unit 11, 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, Water/Wastewater Impact Fee Study, 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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
08/16/2022
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 2 of 14
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 7998 – Water/Wastewater Impact Fee Study 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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 3 of 14
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 $194,600.
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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 5 of 14
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
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION
271.904, THE CONSULTANT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY
AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE CONSULTANT OR
CONSULTANT’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER
ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL TO THE EXTENT
THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF
NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT,
OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO
RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE
CONSULTANT’S LIABILITY
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.
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.
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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:
Kimley-Horn and Associates, Inc. City of Denton
Aaron Rader, P.E. Purchasing Manager –File 7998
801 Cherry St., Suite 1300, Unit 11 901B Texas Street
Fort Worth, TX 76102 Denton, Texas 76201
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,
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 7 of 14
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.
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.
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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 7998 – Water/Wastewater Impact Fee Study (on file at the
purchasing office)
Exhibit B – Consultant’s Scope of Services Offer, Project Schedule and
Compensation Rate Sheet
Exhibit C – Consultant’s Insurance Requirements
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 Aaron Rader, P.E. However, nothing herein shall limit
CONSULTANT 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.
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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.
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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Prohibition on Contracts with Companies Boycotting Israel
Contractor 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 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, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (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
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this
agreement, Contractor certifies that Contractor’s signature provides written verification to the
City that Contractor, pursuant to Chapters 2252 and 2270, 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
Prohibition on Contracts with Companies Boycotting Certain Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it (1) does not boycott energy
companies; and (2) will not boycott energy companies 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 the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor:
(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 requirements under this provision will be
considered a material breach.
ARTICLE XXVII
Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and
Firearm Trade Associations
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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or firearm trade association. The terms “discriminate against a firearm entity or firearm trade
association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to
those terms in Chapter 2274 of the Texas Government Code. By signing this agreement,
Contractor certifies that Contractor’s signature provides written verification to the City that
Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. Failure to meet or
maintain the requirements under this provision will be considered a material breach.
ARTICLE XXVIII
Termination Right for Contracts with Companies Doing Business with Certain Foreign-
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 Contractor is, or will be in the future, (i) owned by or the majority of stock or
other ownership interest of the company is held or controlled by individuals who are citizens of
China, Iran, North Korea, Russia, or other designated country (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.
ARTICLE XXIX
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/filinginfo/1295/
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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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Commission’s website within seven business days.
ARTICLE XXX
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.
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.
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______________________.
CONSULTANT
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
2022-908897
Aaron.Rader@Kimley-Horn.com
Vice President
Aaron Rader
281-896-0734
08/16/2022
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 13 of 14
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
City of Denton, Texas Contract 7998
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 14 of 14
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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
Chief Financial Officer
Finance
Cassandra Ogden
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 1 of 11
Scope for Engineering Design Related Services for:
WATER AND WASTEWATER IMPACT FEE UPDATE
The ENGINEER will perform its services pursuant to the requirements delineated
below. Services under this exhibit include engineering services for the updating of Denton’s
Water and Wastewater Impact Fees.
Project Understanding
The following scope of services provides the OWNER with professional services related to the
update to the Water, and Wastewater Impact Fees. This scope of services will provide the
OWNER with the technical analysis required by Chapter 395 of the Texas Local Government
Code to determine the maximum assessable water, and wastewater impact fee that may be
assessed. In addition, CONSULTANT will provide the OWNER with assistance with the various
presentations required during the public hearing and adoption process.
The project is anticipated to include the following components:
1.Project Initiation and Management
2.Land Use Assumptions
3.Water Impact Fee Update
4.Wastewater Impact Fee Update
5.Financial Analysis
6.Water and Wastewater Impact Fee Document and Adoption Process
ENGINEER’s scope of services is as follows:
1)Project Initiation and Management – CONSULTANT shall complete the following items
relating to this task:
a)Project Kickoff Meeting.
i)Prepare for and attend kickoff workshop with City staff to begin project.
ii)Review wastewater master plan changes and ongoing Water Master Plan with City
staff in preparation for updating the water and wastewater impact fee calculations and
report.
iii)Prepare meeting notes.
b)Project Management.
i)Define contacts in OWNER’s departments (Planning, Finance, Engineering) and the
corresponding contacts with CONSULTANT.
ii)Sub-Consultant Coordination
iii)Project administration and status reports - Prepare and submit monthly status reports
including schedule updates, critical tasks, and Sub-Consultant progress in
conjunction with the monthly billing.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 2 of 11
2)Land Use Assumptions – OWNER shall provide CONSULTANT land use assumptions data
in conformance with Chapter 395 of the Local Government Code; completion of this task
shall include the following items:
a)Data Collection. CONSULTANT will deliver a letter to the OWNER describing data that
should be provided to the CONSULTANT. The scope for data collection is as follows:
i)The OWNER will utilize data from the ongoing Wastewater Master Plan
demographic projections completed as part of a separate contract.
ii)The CONSULTANT will utilize data from the ongoing Water Master demographic
projections being completed as part of separate contract.
iii)Maps – CONSULTANT will utilize GIS shapefiles, associated databases, and layer
files in ESRI ArcGIS format. All data shall be projected in NAD 83 State Plane,
North Central Texas Zone coordinates. Data should include:
(1) Current Zoning Map
(2)Future Land Use Plan
(3)City Limits, ETJ Limits
(4)Current Impact Fee Water and Wastewater Service Area Limits
(5)Most recent digital orthographic (DOQ) of the City
b)Service Area Boundaries. CONSULTANT will meet with the OWNER to review current
service areas. CONSULTANT will revise service area(s) boundaries and submit to the
OWNER for review. If changes are required CONSULTANT will revise service area(s)
boundaries following City Council discussion for OWNER review.
c)Ten-Year Land Use Assumptions. Chapter 395 states that impact fees may only be used
to pay for items included in the capital improvements plan and attributable to new service
units projected over a period of time not to exceed ten (10) years. Based upon guidance
from the OWNER, CONSULTANT will develop the Ten-Year Land Use Assumptions
for the 2023 – 2033 planning window.
(1)CONSULTANT will conduct one (1) meeting with the OWNER to receive the
OWNER’s projections for expected growth rates for the land use for current
service area(s). CONSULTANT will review the OWNER’s information and
develop the demographic table using population by households to develop 10-
year population projections.
d)Land Use Documentation. CONSULTANT will provide both a draft and final Land Use
Assumptions to be incorporated as a chapter into the Impact Fee Report. The chapter will
include:
i)Water service area(s)
ii)Wastewater service area
iii)10-year land use and population
iv) Exhibits
v)Draft versions of the Land Use Assumptions will be submitted in .pdf format.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 3 of 11
e)Meetings. CONSULTANT will prepare for and attend the following meetings:
i)One (1) meeting with OWNER to discuss and review the proposed Land Use
Assumptions. It is anticipated that up to five (5) service areas (4 water and 1
wastewater) will be discussed at the meetings.
ii)One (1) meeting with City Council to discuss and solicit feedback on the number of
water service area boundaries for the proposed Land Use Assumptions. It is
anticipated that up to four (4) water service areas and one (1) wastewater service area
will be discussed at the meeting.
f)Deliverables.
i)Data collection request letter
ii)Electronic (.pdf) copy of the Draft Land Use Assumptions
iii)Upon final approval of the Impact Fee, CONSULTANT will provide three (3)
originals of the Final Impact Fee Report, including the Land Use Assumptions
component of the Report (See Task 6)
3)Water Impact Fee Update – CONSULTANT will prepare the water impact fee update in
conformance with Chapter 395 of the Local Government Code and shall include:
a)Data Collection. CONSULTANT will coordinate with the OWNER to obtain the
following data:
i)Water Master Plan – CONSULTANT will utilize the Water Master Plan being
worked on as part of a separate contract.
ii)Water CCN Boundary
iii)Water Usage History – Annual water usage and maximum day usage records for the
past ten (10) years for certification of current demand by service unit and
development of the service unit projection.
iv)Water Meter Data – List of current water meter accounts by meter size.
b)Infrastructure Capacity Criteria. CONSULTANT will utilize the OWNER’s current
criterion in determining the ten (10) year capacity of the impact fee eligible projects. The
projects may include:
i)Existing and future transmission lines (16-inch and larger)
ii)Existing and future elevated storage tanks
iii)Existing and future ground storage tanks
iv)Existing and future pump stations
v)Existing and future treatment facilities
vi)Existing and future supply facilities
c)Water Impact Fee Capital Improvements Plan. CONSULTANT will develop the Water
Impact Fee Capital Improvements Plan project list with the OWNER. It may include the
following infrastructure:
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 4 of 11
i)Future transmission lines (16-inch and larger)
ii)Existing and future elevated storage tanks
iii)Existing and future ground storage tanks
iv)Existing and future pump stations
v)Existing and future treatment facilities
vi)Existing and future supply facilities
d)Maximum Assessable Water Impact Fee Calculation. CONSULTANT will calculate the
additional service units based on the Land Use Assumptions. CONSULTANT will then
calculate the Impact Fee per service unit, (Single Family Equivalent) and associated
meter size and the Pre-Credit Maximum Assessable Water Impact Fee by meter size.
CONSULTANT will incorporate the financial analysis performed in Task 5 to determine
the maximum assessable impact fee by service unit.
e)Water Impact Fee Update Report. CONSULTANT will provide both a draft and final
Water Impact Fee Report. The report will include:
i)Water service area(s)
ii)Narrative of the impact fee update methodology
iii)Impact Fee Capital Improvement Plan 10-year capacity criterion
iv)Impact Fee Capital Improvement Plan
v)Impact fee calculations
vi) Exhibits
f)Meetings. CONSULTANT will prepare for and attend the following meetings:
i)One (1) meeting with OWNER to review Water Impact Fee Capital Improvements
Plan.
ii)One (1) meeting with OWNER to review Maximum Assessable Water Impact Fees.
g)Deliverables
i)Electronic (.pdf) copy of the Draft Water Impact Fee chapter of the report.
ii)Upon final approval of the Impact Fee, CONSULTANT will provide three (3)
originals of the Final Impact Fee Report, including the Water Impact Fee component
of the Report (See Task 6)
4)Wastewater Impact Fee Update – CONSULTANT will prepare the wastewater impact fee
update in conformance with Chapter 395 of the Local Government Code and shall include:
a)Data Collection. CONSULTANT will coordinate with the OWNER to obtain the
following data:
i)Wastewater Master Plan – CONSULTANT will utilize the Wastewater Master Plan
being worked on as part of a separate contract.
ii)Wastewater CCN Boundary
iii)Wastewater Discharge History – Annual wastewater discharge records for the past
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 5 of 11
ten (10) years for verification of current demand by service unit and development of
the service unit projection.
b)Infrastructure Capacity Criteria. CONSULTANT will utilize the OWNER’s current
criterion in determining the ten (10) year capacity of the impact fee eligible projects. The
projects may include:
i)Existing Trunk Lines that are 21-inch and larger
ii)Future Trunk Lines (21-inch and larger)
iii)Existing and Future Lift Stations
iv)Existing and Future Force Mains
v)Existing and Future Treatment Facilities
c)Wastewater Impact Fee Capital Improvements Plan. CONSULTANT will develop the
Wastewater Impact Fee Capital Improvements Plan project list with the OWNER. It may
include the following infrastructure:
i)Existing Trunk Lines that are 21-inch and larger
ii)Future Trunk Lines (21-inch and larger)
iii)Existing and Future Lift Stations
iv)Existing and Future Force Mains
v)Existing and Future Treatment Facilities
d)Maximum Assessable Wastewater Impact Fee Calculation. CONSULTANT will
calculate the additional service units based on the Land Use Assumptions.
CONSULTANT will then calculate the Impact Fee per service unit, (Single Family
Equivalent) and associated meter size and the Pre-Credit Maximum Assessable
Wastewater Impact Fee by meter size. CONSULTANT will incorporate the financial
analysis performed in Task 5 to determine the maximum assessable impact fee by service
unit.
e)Wastewater Impact Fee Update Report. CONSULTANT will provide both a draft and
final Wastewater Impact Fee Report. The report will include:
i)Wastewater service area
ii)Narrative of the impact fee update methodology
iii)Impact Fee Capital Improvement Plan 10-year capacity criterion
iv)Impact Fee Capital Improvement Plan
v)Impact fee calculations
vi) Exhibits
f)Meetings. CONSULTANT will prepare for and attend the following meetings:
i)One (1) meeting with OWNER to review Wastewater Impact Fee Capital
Improvements Plan.
ii)One (1) meeting with OWNER to review Maximum Assessable Wastewater Impact
Fees.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 6 of 11
g)Deliverables
i)Electronic (.pdf) copy of the Draft Wastewater Impact Fee chapter of the report.
ii)Upon final approval of the Impact Fee, CONSULTANT will provide three (3)
originals of the Final Impact Fee Report, including the Wastewater Impact Fee
component of the Report (See Task 6)
5)Financial Analysis Using the impact fee eligible capital improvement costs and projected
service units, the CONSULTANT’s Sub-Consultant [NewGen Strategies & Solutions
(NewGen)] will calculate maximum assessable full-cost recovery impact fees for the
designated ten-year period for each service unit (water, and wastewater). Sub-Consultant will
provide forecasted cash flows for the maximum assessable impact fee for the ten-year period
based on projected construction lead times and growth in projected service units.
CONSULTANT will work in conjunction with Sub-Consultant to incorporate the financial
analysis into the appropriate document, as identified in Tasks 3, and 4.
6)Water and Wastewater Impact Fee Document and Adoption Process
a)Water and Wastewater Documentation. CONSULTANT will provide both a draft and
final Water and Wastewater Impact Fee Report. The report will include:
i)Executive Summary
(1)Introduction
(2)Impact Fee Methodology
(3)Waster and Wastewater Maximum Fee Calculation Results
ii)Land Use Assumptions
(1)Water service area(s)
(2)Wastewater service area
iii)Water
(1)Narrative of the impact fee update methodology
(2)Impact Fee Capital Improvement Plan 10-year capacity criterion
(3)Impact Fee Capital Improvement Plan with project narratives and opinions of
probable construction cost
(4)Impact Fee CIP Exhibits
(5)Impact Fee Calculations
iv)Wastewater
(1)Narrative of the impact fee update methodology
(2)Impact Fee Capital Improvement Plan 10-year capacity criterion
(3)Impact Fee Capital Improvement Plan with project narratives and opinions of
probable construction cost
(4)Impact Fee CIP Exhibit
(5)Impact Fee Calculations
v)Appendix
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 7 of 11
(1)Financial Analysis
b)Deliverables
i)Electronic (.pdf) copy of the Draft Water and Wastewater Impact Fee Report; and
ii)Three (3) 8.5” x 11” hard copies of the Draft Water and Wastewater Impact Fee
Report
iii)Upon final approval of the Water and Wastewater Impact Fee Analysis and new
ordinance by the City Council, CONSULTANT will provide three (3) 8” x 11”
originals and one (1) electronic (.pdf) copy of the Final Water and Wastewater
Impact Fee Report.
c)Adoption Process
It is anticipated that a representative from the CONSULTANT will prepare for and attend
up to four (4) meetings during the public hearing and approval process. These anticipated
meetings are as follows:
i)One (1) Public Utility Board presentation on the Water and Wastewater Impact Fees,
including the Land Use Assumptions, Impact Fee CIP and Maximum Assessable
Impact Fees;
ii)One (1) CIAC public hearing to present on the Water and Wastewater Impact Fees,
including the Land Use Assumptions, Impact Fee CIP and Maximum Assessable
Impact Fees; and
iii)Two (2) City Council public hearings on the Water and Wastewater Impact Fees,
including the Land Use Assumptions, Impact Fee CIP and Maximum Assessable
Impact Fees
d)Other Approval and Implementation Items
i)CONSULTANT will collect information on actual water and wastewater impact fees
collected for up to six (6) benchmark service providers. This information will be
provided to the OWNER in electronic (.xls) tabular format for use in the
development of comparison tables.
i)At the request of the OWNER, the CONSULTANT will review the proposed Impact
Fee Ordinance and prepared by the City Attorney. It is anticipated the City Attorney
will require exhibits from the Water and Wastewater Impact Fee Report to be
included in the ordinance. CONSULTANT recommends the City coordinate with
their Attorney to ensure they will be able to prepare the ordinance during Task 6.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 8 of 11
ADDITIONAL SERVICES NOT INCLUDED
IN THE EXISTING SCOPE OF SERVICES
OWNER and CONSULTANT agree that the following services are beyond the Scope of Services
described in the tasks above. However, CONSULTANT can provide these services, if needed,
upon the OWNER’s written request. Any additional amounts paid to CONSULTANT as a result
of any material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include, but are not limited to the
following:
·Preparation for an attendance at additional public meetings not specifically identified in
the Scope of Services.
·Furnish additional copies of the review documents in excess of the number of the same
identified in the Scope of Services.
·Re-analysis or re-calculation to reflect project scope of changes or policy changes
requested by the OWNER, addressing changes in direction previously approved by the
OWNER, or mandated by changes in government laws.
·Any services not listed in the Scope of Services
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
DESIGN SERVICES FOR
WATER AND WASTEWATER IMPACT FEE UPDATE
City of Denton, Texas
Page 9 of 11
PROJECT SCHEDULE
CONSULTANT endeavors to complete OWNER Water and Wastewater Impact Fee Update
twelve (12) months from Notice to Proceed.
CONSULTANT will provide additional detailed schedule to OWNER upon further discussion
regarding priority areas for analysis and recommendation upon execution of the contract.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
COMPENSATION FOR
WATER AND WASTEWATER IMPACT FEE STUDY UPDATE
City of Denton, Texas
Page 10 of 11
Compensation for Engineering Design Related Services for:
WATER AND WASTEWATER IMPACT FEE STUDY UPDATE
Total compensation for the CONSULTANT contemplated under the terms of this agreement shall
be a total not-to-exceed $194,600 for all services including reimbursable expenses. The
OWNER shall compensate the CONSULTANT as follows:
For Tasks 1-6 the total compensation shall be on a lump sum basis and not to exceed $194,600.
Progress payments for shall be paid monthly based on the actual work satisfactorily completed
per month in each phase, with the following amounts of the total compensation for each phase of
the Project:
Water and Wastewater Impact Fee Study Update
·Task 1 – Project Initiation and Management $ 11,400
·Task 2 – Land Use Assumptions $ 30,200
·Task 3 – Water Impact Fee Update $ 52,100
·Task 4 – Wastewater Impact Fee Update $ 49,000
·Task 5 – Financial Analysis $ 18,800
·Task 6 – Water and Wastewater Impact Fee Document and Adoption Process $ 33,100
Water and Wastewater Impact Fee Study Update: $ 194,600
CONSULTANT will not exceed the total maximum fee shown without authorization from the
OWNER. Individual task amounts are provided for budgeting purposes only. CONSULTANT
reserves the right to reallocate amounts among tasks as necessary.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice
number and Kimley-Horn project number.
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
COMPENSATION FOR
WATER AND WASTEWATER IMPACT FEE STUDY UPDATE
City of Denton, Texas
Page 11 of 11
Kimley-Horn and Associates, Inc.
Hourly Labor Rate Schedule
Classification Rate
Analyst $150 - $230
Professional $200 - $275
Senior Professional I $240 - $330
Senior Professional II $295 - $350
Senior Technical Support $150 - $260
Support Staff $105 - $135
Technical Support $95 - $140
Effective through December 31, 2022
Subject to annual adjustment thereafter
kimley-horn.com 801 Cherry St. Suite 1300, Unit 11, Fort Worth, TX, 76102 817.335.6511
Exhibit B
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
Exhibit C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
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:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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.
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.
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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 §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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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:
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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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;
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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
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) and by City of Denton
Ethics 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 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
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 be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local 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
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
Kimley-Horn and Associates, Inc.
X
X
X
N/A
7/19/2022
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding 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 member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental 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 government 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 day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local 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 officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd 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 Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-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 ($50.00) per gift, or multiple gifts
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 recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: C28D68DD-6A3F-4E68-A7F4-AAE73796167E
Certificate Of Completion
Envelope Id: C28D68DD6A3F4E68A7F4AAE73796167E Status: Completed
Subject: Please DocuSign: City Council Contract 7998
Source Envelope:
Document Pages: 35 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
7/13/2022 11:07:44 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 7/13/2022 11:14:59 AM
Viewed: 7/13/2022 11:15:09 AM
Signed: 7/13/2022 11:18:24 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: 7/13/2022 11:18:29 AM
Viewed: 7/13/2022 11:19:28 AM
Signed: 7/13/2022 11:19:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/13/2022 11:20:02 AM
Viewed: 7/13/2022 11:27:22 AM
Signed: 7/13/2022 11:27:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Aaron Rader
Aaron.Rader@Kimley-Horn.com
Vice President
Kimley-Horn and Associates, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.158.94.58
Sent: 7/13/2022 11:27:49 AM
Resent: 7/15/2022 2:41:53 PM
Resent: 7/19/2022 7:50:18 AM
Viewed: 7/19/2022 12:35:17 PM
Signed: 7/19/2022 2:56:20 PM
Electronic Record and Signature Disclosure:
Accepted: 7/19/2022 12:35:17 PM
ID: e73d1dbc-90b9-4460-9ff5-8121752df200
Signer Events Signature Timestamp
Cassandra Ogden
Cassandra.Ogden@cityofdenton.com
Chief Financial Officer
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/19/2022 2:56:24 PM
Viewed: 7/19/2022 3:11:35 PM
Signed: 7/19/2022 3:12:57 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)
Completed
Using IP Address: 198.49.140.10
Sent: 7/19/2022 3:13:01 PM
Viewed: 8/17/2022 8:23:00 AM
Signed: 8/17/2022 8:23:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/17/2022 8:23:17 AM
Viewed: 8/17/2022 8:23:38 AM
Signed: 8/17/2022 8:23:44 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: 198.49.140.10
Sent: 8/17/2022 8:23:47 AM
Viewed: 8/17/2022 1:39:12 PM
Signed: 8/17/2022 1:39:30 PM
Electronic Record and Signature Disclosure:
Accepted: 8/17/2022 1:39:12 PM
ID: 8cbfa6b9-18ac-439e-a611-363caf74e727
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: 7/13/2022 11:18:29 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: 7/19/2022 3:13:01 PM
Viewed: 7/19/2022 3:13:30 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 8/17/2022 1:39:34 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 7/13/2022 11:14:59 AM
Certified Delivered Security Checked 8/17/2022 1:39:12 PM
Signing Complete Security Checked 8/17/2022 1:39:30 PM
Completed Security Checked 8/17/2022 1:39:34 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
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
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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.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Aaron Rader, Rosa Rios
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
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In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
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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
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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
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must state your e-mail, full name, IS Postal Address, telephone number, and account
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consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
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NetScape 7.2 (or above)
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Server must enable HTTP 1.1 settings via
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** These minimum requirements are subject to change. If these requirements change, we will
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To confirm to us that you can access this information electronically, which will be similar to
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please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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