19-163WHEREAS, James R. Kirkpatrick Architect, Inc., dba Kirkpatrick Architecture Studio, the
professional services provider (the "Provider") set forth in this ordinance is being selected as the
most highly qualified on the basis of its demonstrated competence and qualifications to perform the
proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistem
with and not higher than the recommended practices, and fees published by the professional
associations applicable # the Provider's profession, and such fees •# not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. The City Manager is authorized to enter into a professional service contract
with James R.KirkpatrickArchitect,•!. Kirkpatrick Architecture Studio, to provide
professional architectural design services for Fire Station 8 to be located at 3131 Colorado Blvd.,
Denton, TX 76210, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION# Denton, • delegates the authorityto
6910 for architectural design for Fire Station 8 to be located at 3131 Colorado Blvd., Denton, TX
76210, to the City Manager of the City of Denton, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
......................................
approval.
The motion to approvc this ordinance was made by ..........
Id
and
.............secondedfollowigvote � ,� /1,11P . � � �� ,the ordinance was � a�;tsand approved by the
Aye Nay
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
day of .__�..:...... 2019.
PASSED AND APPROVED this the _
........ .....__.
CHRIS WATTS, MAYOR
ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: °w,
DocuSign Envelope ID: C45877C7-8AEC-45A3-8570-F99B2C2A1BOC
Docusign City Council Transmittal Coversheet
RFP
6910
File Name
Fire station #8 Design
Purchasing Contact
Jamie cogdell
City Council Target Date
February 5, 2019
Piggy Back Option
Not Applicable
Contract Expiration
NSA
Ordinance
19-163
DocuSign Envelope ID: C45877C7-8AEC-45A3-8570-F99B2C2A1BOC
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 6910
STATE OF TEXAS §
COUNTY OF DENTON §
THI�,12 ,�ffiEEMENT (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 James R. Kirkpatrick Architect, Inc., dba
Kirkpatrick Architecture Studio, with its corporate office at 100 West Mulberry Street, Denton,
Texas 76201, hereinafter called "CONSULTANT," acting herein, by and through their duly
authorized representatives.
WTTNESSETH, 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 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
proj ect:
The Project shall include, without limitation, architectural design for Fire Station 48 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:
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 1 of 12
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A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER's RFQ 6910 — Professional Services for Architect Design for Fire Station 48,
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.
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 2 of 12
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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 $410,907.
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
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 3 of 12
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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 defects or deficiencies in the work of the CONSULTANT or
any subcontractors or sub -consultants reasonably observable during regular site visits.
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
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
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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
parry 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 parry
substantially failing to fulfill its obligations under this Agreement. No such termination
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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:
James R. Kirkpatrick Architect, Inc.
dba Kirkpatrick Architecture Studio
David Robinson, AIA
100 West Mulberry Street
Denton, TX 76201
To OWNER:
City of Denton
Purchasing Manager —File 6910
901 B Texas Street
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.
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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 read at the
time of construction issue.
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
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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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 6910 — Professional Services for Architect Design for Fire Station 48
(on file at the purchasing office)
Exhibit B — Consultant's Scope of Services Offer, Compensation and Project Schedule
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 point of contact provided by the CONSULTANT
shall be David Robinson. However, nothing herein shall limit CONSULTANT from
using other equally qualified and competent members of its firm to perform the services
required herein.
D. For the purpose of this Agreement, the point of contract provided by the OWNER shall
be Jody Strickland. However, nothing herein shall limit OWNER from appointing other
equally qualified members of the organization to assist.
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 8 of 12
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E. 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.
F. 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.
G. 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.
H. 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
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 9 of 12
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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
Supplier 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, Supplier certifies that Supplier's signature
provides written verification to the City that Supplier: (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,
Supplier certifies that Supplier's signature provides written verification to the City that
Supplier, 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
Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the
Contractor submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
hlt2s://www.ethics.state.tx.us/whatsnew/elf info forml295.htm
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
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 10 of 12
DocuSign Envelope ID: C45877C7-8AEC-45A3-8570-F99B2C2A1BOC
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.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT h20executed this Agreement
through its duly authorized undersigned officer on this date
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned by;
SIG
Mario Canizares
PRINTED NAME
Assistant City Manager
TITLE
City Manager's office
DEPARTMENT
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
--DocuSigned by:
BY: Ma PIZAW..Aak
7HD328BF0204E5...
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 11 of 12
CITY OF DENTON, TEXAS
"OWNER"
FDOCUSigned by:
1
TODD HILEMAN, CITY MANAGER
RACHEL WOOD, INTERIM
ATTEST:
CITY SECRETARY
DocuSigned by:
5."
BY: K664S6-
F96137F96F3ND3...
JAMES R. KIRKPATRICK ARCHITECT, INC
dba KIRKPATRICK ARCHITECTURE STUDIO
A TEXAS CORPORATION
"CONSULTANT"
DocuSigned by:
�GUr�I� 4wV(1S6VU
BY: 'A WMBINSON, AIA
ITS: MANAGING DIRECTOR, STUDIO
2019-437687
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
Contract 6910
DocuSign Envelope ID: C45877C7-8AEC-45A3-8570-F99B2C2A1BOC
Exhibit A
RFQ 6910 — Professional Services for Architect Design for Fire Station 48
(On File in Purchasing Office)
City of Denton, Texas Contract 6910
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 12 of 12
DocuSign Envelo
EXHIBIT B
K
26 December 2018
Mr. Jody Strickland
Construction Projects Manager
Facilities Management
City of Denton
869 S Woodrow Lane
Denton, Texas 76205
Re: Design Services Fire Station No. 8
Dear Mr. Strickland:
V
001
It is a pleasure to again offer services to the City of Denton. On 30 November we met with you,
Battalion Chief David Boots and Fire Chief Kenneth Hedges to discuss the project. In subsequent
meetings, we were provided additional information on how the project will be managed. The
understanding I gained from these meetings has shaped the following proposal.
Project Understanding
We understand the project shall use the spaces, arrangements, and concepts that were developed for
Fire Stations No. 2 and No. 4. The building size, however, will be around 8,650 square feet. While
much of the reduction in size is due to a shorter bay, a concerted effort has been made to reduce square
footage where able.
The station's form will reflect the residential character of the adjacent buildings. Similarly, it is
envisioned the building's veneer to masonry with possibly stucco and simulated stone.
KAS' primary point of contact shall be a representative from Facilities Management. We understand at
this time, that it shall be you.
The construction budget is $3,300,000.
Scope of Basic Services
KAS' services include those necessary for the design and preparation of documents for the referenced
Project. We envision the process as collaborative and as such, the scope may change slightly as the
design is developed.
The duration of the phases and the following compensation are based upon the re -use of spaces,
adjacencies, details, and standards developed and used for Station No.2 and No. 4. If significant,
changes are made, other than those discussed above, then additional time and compensation may be
required.
Per conversations with the Owner, a schedule of 315 calendar days for construction and 40 calendar
days from Substantial Completion to Final Completion has been used to calculate KAS' fee during
Construction Administration. If the construction duration is greater than 355 calendar days, additional
fee may be requested.
The construction budget is $3,300,000 for Fire Station No. 8 and related elements. KAS' contractual
obligation is to take measures such that at least one construction bid is at or below this amount for the
100 West Mulberry
Denton.Texas
7 6 2 0 1
940/387 .8182tel
940/383.0262fax
www.k-a-studio.com
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EXHIBIT B
• Page 2
26 December 2018
station and its elements as shown and detailed in the construction set provided by KAS. KAS will
work with the Owner during design to refine the station's design or scope as required to align with
construction cost estimates.
In the description of work in each phase, AIA documents are referenced. In the event that there is
conflict between these documents and City of Denton General Conditions for Building Construction
and City of Denton General Conditions to Agreement for Architectural or Engineering Services, the
City of Denton documents shall dictate.
The following services are included in Basic Services
1. Architectural design
2. Structural engineering
a. Geotechnical investigation has not been done, but it is anticipated that a structural
foundation will be chosen by the Owner.
3. Civil engineering
a. Platting assistance
b. Site plan
c. On -site grading and drainage plan
d. Downstream assessment
e. Detention calculations and plan
f. Erosion control plan/SWPPP
g. On -site water line design
h. On -site sanitary sewer design
4. Mechanical engineering
a. Mechanical work will include heating, ventilation and air conditioning (HVAC)
systems.
5. Electrical Engineering
a. Electrical work will include normal and emergency power distribution, lighting,
exterior lighting for building elements and parking areas, lightning protection system,
fire detection and alarm system.
6. Plumbing Engineering
7. Landscape Architecture
8. Irrigation design
9. Services in the Bidding and Negotiation Phase
10. Services in the Contract Administration Phase.
Phase One - Information Gathering and Schematic Design 3 Weeks
1.1. Pre -Application Submission - KAS will submit to the City a site plan, floor plan,
and questions to the City. These plans and questions will be reviewed by the City in
advance of the Pre -Application Conference. In addition to building code, zoning
requirements, drainage and other engineering requirements are reviewed.
1.2. Programming - KAS will meet with all appropriate parties to determine a
preliminary program.
1.3. Design Meeting - KAS will conduct a design meeting with the owner. The meeting
will begin with reviewing the owner's project goals and requirements. Then the
program will be refined and a preliminary floor plan and site plan will be produced.
1.4. Schematic Design - KAS will refine the building's plan and elevations to meet the
Owner's requirements. After discussion with the Owner it was determined that a
formal Schematic Design Package was not required. Plans and perspectives will be
provided for the Owner's review and approval. After approval from the Owner,
K A S
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EXHIBIT B
• Page 3 26 December 2018
Design Development Phase will commence. Services in this phase are defined in AIA
Document BI01, 3.2.
1.5. Opinion of Probable Cost of the Work - KAS will send the Schematic Design
Development Package to a third -parry cost estimator for a construction cost estimate.
Deliverables
Dl. Pre -application Package
D2. Construction Cost Estimate
Phase Two - Design Development 2 Weeks
2.1. Design Development- During this phase the documents produced in the Schematic
Design Phase are further developed. In this phase the mechanical, electrical,
plumbing, and structural systems are refined. Additionally, architectural details such
as for doors and windows are produced. After discussion with the Owner it was
determined that a formal Design Development Package was not required. After
approval from the Owner, Construction Documents Phase will commence. Services
in this phase are defined in AIA Document BI01, 3.3.1 and 3.3.3.
Deliverables
D3. Progress Set
Phase Three - Construction Documents 13 Weeks
3.1. Contract Documents - In this phase, construction documents and specifications are
produced. Depending on timing and/or the Owner's wishes, separate Permit and
Construction Sets can be produced.
3.2. Opinion of Probable Cost of the Work - KAS will send two progress sets to a third -
parry cost estimator for construction cost estimates.
3.3. Site Permit Application - KAS will submit the construction set for Site Permit.
3.4. Building Permit Application - KAS will submit the construction set for Building
Permit.
Deliverables
D4.
Construction Cost Estimate at 50%
D5.
95 % Progress Set
D6.
Construction Cost Estimate at 95%
D7.
Site Package
D8.
Construction Set
Phase Four - Bidding and Negotiations 6 Weeks
4.1. Pre -Bid Conference and Tour - KAS will attend a conference and tour of the site
for prospective bidders.
4.2. Addenda - KAS will respond to questions to potential bidders and provide
clarification if necessary in the form of Addenda.
Phase Five - Construction Administration 52 Weeks
Construction Administration - KAS will attend weekly meetings during construction,
produce Field Observation reports, review submittals, produce responses to Request for
Information's, and respond in a professional manner as needed during the construction
process. Services in this phase are defined in AIA DocumentB101, 3.6 and in AIA
Document A201-2007.
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EXHIBIT B
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5.1. Project Completion —Upon review of completeness of work, Architect and the City
of Denton Facilities Management Representative will determine the date of and issue
the Certificates of Substantial and Final Completion.
Scope of Services for Leadership in Energy and Environmental Design (LEED) Minimum
Standards (Not LEED Certified)
The Owner has requested that the project be designed to LEED minimum standards. After
conversation with the Owner, we understand this to mean LEED prerequisites as listed below.
The City's adopted energy code, International Energy and Conservation Code (IECC) 2015,
requires Commissioning similar to that required under EA Prereq 1. Commissioning is offered
as an additional service.
With Stations 2 and 4 pursuing LEED certification, the approaches used there will be used.
Additional documentation will not be provided.
Sustainable Sites
SS Prereq 1 Construction Activity Pollution Prevention
Water Efficiency
WE Prereq 1 Water Use Reduction — 20% Reduction
Energy and Atmosphere
EA Prereq 2 Minimum Energy Performance
EA Prereq 3 Fundamental Refrigerant Management
Materials and Resources
MR Prereq 1 Storage and Collection of Recyclables
Indoor Environmental Quality
IEQ Prereq 1 Minimum Indoor Air Quality Performance
Scope of Work Provided by the Client
1. Topographical and Boundary surveys
2. Geotechnical Investigation and Report
3. Construction Observation and Materials Testing
Items Outside of Scope of Work or Requiring Additional Services
1. Pursuing LEED certification
2. Presentations to City Council and associated exhibits
3. Changes to the base modules of Station No.2 and 4, other than those discussed above.
4. Redsigns, new designs, meetings and other costs related to significant changes in scope of
work or significant changes to approved designs. This includes work and meetings
required to incorporate value engineering items.
5. Easements by separate instrument.
6. Design services necessary to establish a base flood elevation (BFE), flood plain
permitting or flood plain mapping
7. Non -gravity storm sewer or sanitary sewer systems (systems requiring pump design, i.e.
lift stations)
8. Public water or sewer system improvements beyond service connections and any off -site
work
9. Special systems such as communications; computer networks; telephone; and sound, including
cabling, etc.
10. Acoustical engineering
II. Traffic Impact Studies
12. TxDOT Permits
K A S
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13. Zoning change requests
14. Easements by separate instrument
15. Environmental site assessments
16. Site features and amenities outside of building footprint and not directly attached to the
building that are not required by zoning or code or related to the building's mechanical,
electrical, or plumbing systems.
17. The design of currently unidentified specialty electrical, lighting or communication
systems, including voice/data, audio/visual, security, or other low voltage electronic
systems. Junction boxes and conduit for the systems will be shown in the construction
documents. Fire alarm and related devices are included.
18. Design of franchise utilities (gas, electric, telephone, and cable television)
Compensation
During our meetings in which we discussed fee, the expectation by the Owner that they would manage
project to ensure a linear process in which Owner decisions and requested information would be
provided in a timely manner was conveyed. Because of my confidence that this will prove to true and
to honor our long-standing relationship with the City of Denton, I reshaped the fee several times to
better fit Owner expectations.
Compensation to KAS for Basic Services, Additional Services, and Reimbursable Expenses shall be as
shown below.
Phase 1
For Basic Services the total compensation shall be
10%
$40,596
---------------------------------------------------------
Phase 2
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For Basic Services the total compensation shall be
9%
$36,536
Phase 3
--------------------------------
For Basic Services the total compensation shall be
-------------------- ----------------------------------------------------------
44%
$182,681
----------------------------------------------------------
Phase 4
---------------------------------------------------------------------------------------------------------------------------------------------------------------------
For Basic Services the total compensation shall be
-------------------- ----------------------------------------------------------
3%
$12,179
---------------------------------------------------------
Phase 5
---------------------------------------------------------------------------------------------------------------------------------------------------------------------
For Basic Services the total compensation shall be
-------------------- ----------------------------------------------------------
33%
$133,996
Reimbursable
-
Shall not exceed
-=-------------------- ----------------------------------------------------------
$6,000
Expenses
------------------------------------------------------y-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------
7 --------
Total----------------------------------------------------------------------------------------------------------------------------
$410,907
Non -reimbursable Expenses - KAS includes the following in our scope
1. In - house printing
2. Phone calls
3. Travel within north Texas
Reimbursable Expenses
The following are not included in Basic Services and shall be billed reimbursable expense and
shall be provided to the Owner at the cost invoiced to KAS plus fifteen percent (15%). The
total cost shall for printing shall not exceed $6,000 without the written permission of the
owner.
1. Printing for presentations, Owner, meetings, and regulatory review.
2. Printing by others
3. Texas Accessibility Standard Plan Review and Post -Construction Inspection
Consultants
Civil Engineering MJ Thomas Engineering, LLC
Landscape Architecture Christopher Russell Landscape Architecture
Structural Engineering Frank W. Neal and Associates, Inc.
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EXHIBIT B
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MEP Engineering MD Engineering, LLP
Cost Estimation Computerized Estimating Services
Additional Services — Services required and authorized beyond the scope of Basic Services
will be invoiced on the basis of personnel time and expenses.
James R. Kirkpatrick
$225/hour
Project Manager 11
$175/hour
Project Manager I
$135/hour
Technical Staff 11
$110/hour
Technical Staff I
$105/hour
Consultants
1.20 times the cost
Expenses
1.15 times the cost
The following are offered as additional services, without additional mark-up.
LOMAR -F study if required to modify flood plain $4,725
Building Commissioning for IECC 2015 $18,795
Should you have any questions or require additional information, please contact me at your
convenience.
Best Regards,
David M. Robinson, AIA
DocuSign Envelope ID: C45877C7-8AEC-45A3-8570-F99B2C2A1BOC
EXHIBIT C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR
CONSULTANTS/CONTRACTORS
The Consultant's attention is directed to the insurance requirements below. It is highly
recommended that Consultant confer with their respective insurance carriers or brokers to
determine in advance of its proposal or bid submission the availability of insurance certificates
and endorsements as prescribed and provided herein. Upon award, all insurance requirements
shall become contractual obligations, which the successful Consultant 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 Consultant/Contractor, the
Consultant/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 award, Consultant/Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the proposal/bid number
and title of the project. Consultant/Contractor may, upon written request to the
Purchasing Department, askfor clarification ofany insurance requirements at any time; however,
Consultants/Contractors are strongly advised to make such requests prior to proposal/bid
opening, since the insurance requirements may not be modified or waived after proposal/bid
opening unless a written exception has been submitted with the proposal/bid.
Consultant/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 ofthese 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, ifso noted.-
9 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 or better.
• Any deductibles or self -insured retentions shall be declared in the proposal or bid. 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 Consultant/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.
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• 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 or materially changed before the
expiration date.
• Should any of the required insurance be provided under a claims -made form,
Consultant/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
Consultant/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.
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EXHIBIT C
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:
[XI 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.
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.
[XI 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:
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EXHIBIT C
any auto, or
• all owned, hired and non -owned autos.
[XI 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
that carries the Contractor's liability insurance. Policy limits will be at least combined
bodily injury and property damage per occurrence with a aggregate.
[XI Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000.00 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,
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EXHIBIT C
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.
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EXHIBIT C
ATTACHMENT 1
Worker's 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:
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EXHIBIT C
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, anew 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.
L The contractor shall contractually require each person with whom it contracts to
provide services on aproject, 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;
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EXHIBIT C
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.
Certificate Of Completion
Envelope Id: C45877C78AEC45A3857OF99B2C2A1 BOC
Subject: Please DocuSign: City Council Contract 6910 Fire Station #8 Design
Source Envelope:
Document Pages: 27 Signatures: 5
Certificate Pages: 6 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
1/7/20194:07:39 PM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Robinson
david.robinson@k-a-studio.com
Kirkpatrick Architecture Studio
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/14/2019 3:02:24 PM
ID:f093b7l2-4f6a-43ed-8c45-e594a4f8a7l5
Mario Canizares
mario.canizares@cityofdenton.com
Assistant City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/15/2019 12:41:12 PM
ID:225ec751-70c1-4dce-ba30-20972aacefeO
Holder: Jamie Cogdell
Jamie.Cogdell@cityofdenton.com
Signature
Completed
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Using IPAddress: 97.94.216.142
by:
[11t,,c",S1g",d
Y6 CAAA �' Yt,S
6298D023C9C341B...
Signature Adoption: Pre -selected Style
Using IPAddress: 47.190.47.120
Status: Completed
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.CogdelI@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 1/7/2019 4:15:41 PM
Viewed: 1/7/2019 4:15:56 PM
Signed: 1/7/2019 4:16:44 PM
Sent: 1/7/2019 4:16:47 PM
Viewed: 1/8/2019 3:32:59 PM
Signed: 1/14/2019 2:44:22 PM
Sent: 1/14/2019 2:44:25 PM
Viewed: 1/14/2019 3:02:24 PM
Signed: 1/15/2019 9:32:27 AM
Sent: 1/15/2019 9:32:29 AM
Viewed: 1/15/2019 12:41:12 PM
Signed: 1/15/2019 12:41:45 PM
Signer Events
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
Completed
Using IPAddress: 129.120.6.150
[DocuSigned by:
1W(�tl t w�atn
8776C711BAOD454...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
[11—Sig-d by: /I
alnt. IvG�t.aV'Dt,S01n,
F96137F96F3D4D3...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
Signature
Status
Status
Status
Status
Status
� COPIED
Timestamp
Sent: 1/15/2019 12:41:47 PM
Viewed: 2/15/2019 8:14:05 AM
Signed: 2/15/2019 8:14:48 AM
Sent: 2/15/2019 8:14:51 AM
Viewed: 2/15/2019 11:17:07 AM
Signed: 2/15/2019 11:17:13 AM
Sent: 2/15/2019 11:17:16 AM
Viewed: 2/15/2019 12:34:31 PM
Signed: 2/15/2019 12:35:51 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 1/7/2019 4:16:46 PM
Sent: 2/15/2019 8:14:50 AM
Viewed: 2/15/2019 12:27:34 PM
Carbon Copy Events
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status
Jody Strickland
jody.strickland@cityofdenton.com OPIED
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Timestamp
Sent: 2/15/2019 12:35:53 PM
Sent: 2/15/2019 12:35:54 PM
Viewed: 2/18/2019 8:44:59 AM
Sent: 2/15/2019 12:35:55 PM
Viewed: 2/15/2019 12:47:09 PM
Timestamp
Timestamps
2/15/2019 12:35:55 PM
2/15/2019 12:35:55 PM
2/15/2019 12:35:55 PM
2/15/2019 12:35:55 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: David Robinson, Mario Canizares, Todd Hileman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per -page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:
-Allow per session cookies
-Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.