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23-2316ORDINANCE NO. 23-2316 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC ., FOR WATER SUPPLY AND HYDROLOGY CONSULTING SERVICES FOR THE WATER DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 8345 – PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES AWARDED TO FREESE AND NICHOLS, INC., FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2) ADDITIONAL ONE (1 ) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $1,250,000.00). WHEREAS, Freese and Nichols, Inc., 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, this procurement was undertaken as part of the City’s governmental function [Engineering function]s; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is authorized to enter into the service contract attached hereto with Freese and Nichols, Inc., for water supply and hydrology consulting services for the Water Department. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. lnance was madeThe motion to a1 seconded by graph A„A Thisf by Gear J H- isr'+k and ordinance was passed and approved by the following vote K - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: J -L –,Z– a L/ -Z ,/ , 2023.PASSED AND APPROVED this the I It- day of Deec„Abc/ FmSA ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, dc=codad, ou=Department Users and Groups, ou=General aTaTEnBE:[Efa cn=Marcella Lunn, email=Marcella.Lunn@cityofdenton.com Date: 2023.1 1.27 17:42:22 -06'00' BY: XNhn\\II\ \\n,r\ DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B DENTON Docusign City Council Transmittal Coversheet RFQ 1 8345 File Name w ,t,, s,pply , ,d Hyd,,1,gy c,,,,ltl„g S,„,1c ,s P„ch,si,g Contact G'bbY L '=p=‘ CIty C,,„,IIT„g,tD,t, DECEMBER 12’ 2023 Piggy Back Option Contract Expiration Ordinance Not Appllcab1 e DECEMBER 12 , 2028 IL J –LJ IV DocuSign Envelope ID: 4B:P171E9-319BJt416-97A8-E63338D88C4B PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FILE 8345 STATE OF TEXAS § §COUNTY OF DENTON THIS AGREEMENT (the “Agreement”) is made and entered into on 12/12/2023 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and Freese and Nichols, Inc., with its corporate office at Ju_ebenr oMEr u_m)2, 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 Supply and Hydrology Consulting Services, as described in Exhibit A, which is on file at the purchasing office and incorporated herein (the “Project”). ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 1 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-:+416-97A8-E63338D88C4B A.The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s RFQ 8345–Water Supply and Hydrology Consulting Services, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein. B. C. 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. 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 C. A. B. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 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 Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 2 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319Bz14 16-97A8-E63338D88C4B 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 three (3) year period with the option for two (2) additional one (1) year extensions, in the total of a five (5) year term, 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 C 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 $1,250,000.00. 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 3 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-+416-97A8-E63338D88C4B 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 C. 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 sen'ices 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 City of Denton, Texas Standard Agreement for Engineering Related Design Servioes Revised Date: 9/1 1/18 Page 4 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B4416-97A8-E63338D88C4B OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS. AGENTS. AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER. AND INCLUDING. WITHOUT LIMITATION. DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION. OR PERFORMANCE OF THIS AGREEMENT. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit D 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 5 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B'+416-97A8-E63338D88C4B 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 terrnrnatron. 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 fbrnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing: To CONSULTANT: To OWNER: Freese and Nichols, Inc. Thomas Haster, P.E 101 South Locust St Suite 202 Denton, TX 76201 City of Denton Purchasing Manager –File 8345 901B Texas Street Denton, Texas 76201 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 6 of 23 Contract 8345 DocuSign Envelope ID: 4B:P+71E9-319B4416-97A8-E63338D88C4B All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provlslon. 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. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/11/18 Page 7 of 23 Contract 8345 DocuSign Envelope ID= 4B3471 E9-319B-+416-97A8-E63338D88C4B ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A.The following exhibits are attached to and made a part of this Agreement: Exhibit A – RFQ 8345 – Water Supply and Hydrology Consulting Services (on file at the purchasing office) Exhibit B – Consultant’s Scope of Services Offer and Project Schedule Exhibit C – Consultant’s Compensation Rate Sheet Exhibit D – 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 8 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B C.For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Thomas Hester. 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. 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. 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. 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, City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 9 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B 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 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 227 1 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 certiftes 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 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 10 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B4+416-97A8-E63338D88C4B 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 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 certifes 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 11 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319BJt416-97A8-E63338D88C4B 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. 2 3 4 5. 6. Log onto the State Ethics Commission Website at : https://www.ethics. state.tx.us/filinginfo/ 1295/ Register utilizing the tutorial provided by the State Print a copy of the completed Form 1295 Enter the Certificate Number on page 2 of this contract. Complete and sign the Form 1295 Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. ARTICLE 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 12/12/2023 City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 12 of 23 Contract 8345 DocuSign Envelope ID: 4B:B171E9-319B4116-97A8-E63338D88C4B CONSULTANT DoeuSign•d by: ,hrh B CITY OF DENTON, TEXAS DocuSlgned by: SA/14 1H d RA2WBNSLEY Printed Name:Thomas Haster CITY MANAGER Title: senior v1 ce President ATTEST: JESUS SALAZAR, CITY SECRETARY 8179171796 PHONE NUMBER DocuSlgned by: BY:1 ,bSM saA4W 1 D...TH@f reese . com EMAIL ADDRESS APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY2023-1096316 'DocuSigned by: BY: I M4yulIA Im LB070831B4AA438... TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER THIS AGREEMENT HAS BEEN BOTH REVEEWED AND APPROVED as to financial and operational obligations and business terms. Stephen Gay PRINTED NAME D1 rector TITLE Water Utiliti es DEPARTMENT City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 13 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-+416-97A8-E63338D88C4B Exhibit A RFQ 8345– Water Supply and Hydrology Consulting Services for the City of Denton (on file in the purchasing office) City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 14 of 23 Contract 8345 DocuSign Envelope ID: 4B9+71E9-319BJU16-97A8-E63338D88C4B EXHIBIT B SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER WATER SUPPLY AND HYDROLOGY CONSULTING SERVICES PROJECT UNDERSTANDING The City of Denton (City) anticipates a high level of growth over the coming decades in both its retail and wholesale service areas. The City is currently making plans to provide infrastructure to meet the needs for water treatment and distribution, and the City wants to improve its understanding and management of its own raw water supplies and to investigate new supply alternatives to meet this growing demand. This scope of work is intended to address some of these needs for professional services and to serve as a starting point for future services as they relate to hydrology and water supply development. Basic Services: All services are based on current understanding and are subject to change, based on additional information and scoping discussions with the City. 1.Project Management: General Project Management: i. Perform general administrative duties associated with the Project including progress monitoring and monthly progress reporting, scheduling, general correspondence, documentation, office administration, and invoicing for the scope items identified below. Documentation shall be in accordance with any regulatory requirements for the Project. These duties include maintaining regular contact with the City to help meet the needs of the City in a timely manner and executing work in accordance with the work plan, budget, and schedule. a b. Project Kick-off Workshop: i. Conduct a project kick-off workshop with the City at the City’s facility to 1) review the scope of services, 2) verify the City’s requirements for the Project, and 3) review and update available data. ii. Deliverables: 1. Workshop agenda. 2. Workshop notes. 3. Formal data request. 2.Water Availability: a. Execute Texas Commission on Environmental Quality (TCEQ) Trinity River basin Water Availability Model (WAM). Evaluate firm yields for Like Ray Roberts and Lake Lewisville as well as interruptible supplies. Data will be provided in monthly timesteps for the historic period of record. Evaluate the City’s wastewater discharge data for average and seasonal availability.b Consider availability of wastewater discharge for water supply under current permit and contract terms, as well as unpermitted potential. c. Consider the impact of water supply agreements historically in place with Dallas Water Utilities (DWU) on the availability of supply. A-1 City of Denton Water Supply and Hydrology Consulting Services DocuSign Envelope ID: 4B:>+71E9-319B'+416-97A8-E63338D88C4B EXHIBIT B Meet with the City to review results of water supply analysis and discuss infrastructure limitations on existing supply. Develop a spreadsheet model including raw water availability information and known raw water and treatment limitations to identify the actual supply available to the City’s service area and its wholesale customers. Consider alternatives with and without the DWU agreements in place. d e Population and Water Demand Projections Coordinate with the City regarding its current population projections. Include projectionsa for the growth of single- and multi-family residential connections. Receive data from the City summarizing connection count and usage by type (single- family residential, multi-family residential, commercial, institutional, industrial, etc.) for b at least five years Receive data from the City identifying current and projected wholesale customer commitments and potential future customers. Evaluate per-capita demands for residential use by type (single-family and multi-family) C d and identify trends in commercial, institutional, and industrial use. Assume trends in non-population-based sectors follow population growth trends and project future demands to 2080. Include current and projected wholesale demands as indicated by the City e. Review water production data and estimate peak week and peak day multipliers by month. Meet with the City to review proposed projections and receive comments.f g. Develop final projections based on input from the City. Operational Analysis and Water Rights Accounting a. Receive from the City copies of existing accounting tools and relevant agreements with DWU. Review and identify opportunities for improvements to the tool. Meet with the City to review current operations, needs for improvement, and FNIb suggestions for updating accounting plan. Attend up to two meetings with the City and DWU to discuss accounting plan requirements. C Prepare draft accounting plan for existing surface water and reuse rights.d e. Prepare documentation for draft accounting plan. f. Meet with City to review and receive comment on accounting plan and documentation drafts. g. Incorporate City comments into draft accounting plan and documentation. h. Assist the City in submitting draft accounting plan and documentation to TCEQ for review and approval. Coordinate with TCECI regarding draft accounting plan and make requested revisions. j. Submit final accounting plan and documentation to TCEQ and the City. Needs Analysis a. Combine water supply and demand projection data into a comprehensive spreadsheet model to compare available supplies to water demand projections. Spreadsheet tool will be dynamic, consider identified infrastructure limitations, and include appropriate 3. 4. 5. A-2 City of Denton Water Supply and Hydrology Consulting Services DocuSign Envelope ID: 4B:Pt71E9-319B4116-97A8-E63338D88C4B EXHIBIT B toggles to prepare various needs projections based on critical assumptions. Tool will provide monthly output of average day, peak week, and peak day demands and needs. Meet with the City to discuss up to two needs scenarios for further study and identification of water management strategies. Prepare a draft summary memorandum detailing the supply, projection, and needs analyses. d. Receive comments and prepare a final memorandum. Water Management Strategies a. Develop a scoring methodology for evaluating quantitative and qualitative features of water management strategies in a numerical manner. Categories may include cast, permitting, environmental, supply diversity, time to implement, etc. Up to eight categories may be considered. Meet with the City to review proposed scoring methodology and incorporate comments on draft methodology. b c. Receive information from the City on findings from the on-going OneWater study to inform analysis of strategies. d Water Conservation i. Coordinate with the City on current water conservation programs included in the City’s water conservation plan and the potential for the incorporation of any additional strategies. ii. Use the Texas Water Development Board (TWDB) Municipal Water Conservation Planning Tool (MWCPT) to estimate the efficacy of current and any proposed strategies, where possible. iii. Review data from the City regarding unaccounted for water. iv. Identify the potential savings from current and additional conservation programs. Estimate program costs. The MWCPT will serve as the primary source for program costs. v. Complete scoring matrix for water conservation as a potential strategy. Assume up to two potential strategies. e. Groundwater Development i. Review estimates of Modeled Available Groundwater (MAG) and historical groundwater pumping in Denton County to identify any groundwater availability in the area. ii. Consider local groundwater quality based on available literature. iii. Prepare planning level cost estimates for a well field to capture any potential supply. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs iv. Review the availability of groundwater transfers from other neighboring regions and prepare a cost estimate for a well field and the delivery of the most likely source to the City. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs. v. Complete scoring matrix for groundwater development as a potential strategy. Assume one potential strategy for local groundwater and one potential strategy for imported groundwater. 6. A-3 City of Denton Water Supply and Hydrology Consulting Services DocuSign Envelope ID: 4B3471E9-319BJt4 16-97A8-E63338D88C4B EXHIBIT B f.Additional Indirect Reuse i. Coordinate with the City on the projected buildout of wastewater capacity and consider future demand growth. ii. Identify potential supplies in excess of current reuse permits and agreements. iii. Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs. iv. Complete scoring matrix for additional indirect reuse as a potential strategy. Assume one potential strategy. Direct, Non-Potable Reuse i. Use information from City regarding wastewater buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge. ii. Coordinate with the City regarding the potential for expanding reuse customer demand and any existing cost estimates for connections. iii. Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs. iv. Complete scoring matrix for additional direct, non-potable reuse as a potential strategy. Assume one potential strategy. Direct, Potable Reuse i. Use information from City regarding wastewater buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge. ii. Prepare planning level costs for developing direct, potable reuse treatment and delivery capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs. iii. Complete scoring matrix for additional direct, non-potable reuse as a potential strategy. Assume one potential strategy. Aquifer Storage and Recovery (ASR) i. Participate in one meeting with the City and its consultants on results of the ongoing OneWater project as it relates to ASR opportunities. ii. Identify the availability of raw and reclaimed water supplies that may be made available for ASR. Consider average and peak surface water treatment capacity that may be utilized for treatment of water for ASR injection. iii. Prepare a spreadsheet model to evaluate the potential for ASR storage and recovery based on available water and excess seasonal treatment capacity. iv. Prepare planning level costs for developing an ASR project in conjunction with existing and planned treatment capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs. v. Complete scoring matrix for ASR as a potential strategy. Assume one potential strategy. Regional Partnerships i. Prepare planning level costs for development of regional surface water supply projects, including the cost of transmission. The TWDB UCM will serve as the primary source for project costs. Strategies will consist of: g. h. 1. J. A-4 City of Denton Water Supply and Hydrology Consulting Services DocuSign Envelope ID: 4B:P171E9-319B4116-97A8-E63338D88C4B EXHIBIT B 1. Lake Texoma 2. Toledo Bend Reservoir, 3. Lake Ringgold, and 4. Marvin Nichols Reservoir ii. Consider known opportunities for groundwater imports that may be shared with other partners and develop cost of delivery to the Denton service area. The TWDB UCM will serve as the primary source for project costs. One potential strategy will be evaluated. iii. As necessary, meet with identified stakeholders or potential project partners not otherwise identified in this scope of work. FNI will participate in up to six in- person meetings to discuss current water supplies, water demand projections, potential contract supplies, or water supply alternatives. iv. Complete scoring matrix for each potential strategy. Assume one project concept for each potential strategy. Purchase from Regional Provider i. Accompany City staff to up to three meetings with regional raw water providers, possibly including Dallas Water Utilities, North Texas Municipal Water District and Upper Trinity Regional Water District. Discuss possible supplies for Denton from regional providers. ii. Develop up to two concepts to obtain supplies from regional providers and review concepts with City. iii. Prepare planning level costs for developing supplies from regional providers in conjunction with existing and planned treatment capacity. The TWDB UCM will serve as the primary source for project costs. iv. Complete scoring matrix for purchase from regional providers as a potential strategy. Assume two potential scenarios. Summarize scoring for all proposed projects for incorporation into potential project portfolios. k I m. Meet with the City to review project scoring and incorporate comments. n. Prepare a draft summary memorandum detailing the water management strategy analyses and scoring. o. Receive comments and prepare a final memorandum. Portfolio Development and Testing a. Use information from the water management strategy analyses above to assemble water management strategy portfolios for one (assumed to be the most conservative) needs scenario. Assume the development of 1) low cost, 2) low risk, and 3) one currently unspecified portfolio. Meet with the City to review draft portfolios and receive and incorporate comments.b Identify a preferred portfolio for recommendation. c. Prepare a timeline for project development milestones in the preferred portfolio. d. Prepare a draft summary memorandum detailing the water management strategy portfolios. e. Receive comments and prepare a final memorandum. 7. A-5 City of Denton Water Supply and Hydrology Consulting Services 6 : kgig u+ I &o ++b v+ - S: ; = a)a)£ C/) a)+1 CDa( C0+catrICa)al E0 C) C/): Aa CD+=f3Ula0 C) IO +f) IX LU anull 98ElCD = g 19 aD ial €Ja S t 8 e 8 g !iC) !0 E 1gi CSi { { $ 3 ej eD Iv I v }; iii g {}}{{}{} i 8a Egb ;{}{}{{: g !!!!!! .I:1:1..BI;gIgI+l :: f : g ; d : k E8 a) ! gE gre 40Eii 8j g : g IB 8 { 2 g ej Qi 6 iSg k } 8 g ; g g S g i % g 3 g i d g iS i alr\I Cy al qQ {}} }} !! ],{}} ]}{}}{{Jg}{gi i} a : : Big g !!!!W P :{{{}{}}{ h { i IM9 lyle €ejk 8= 13 }= ! i 2}- It 2 g 1 t=B 9 { } ! i iiihZ jg :l9l9l:al bIB III ;ITFrEE gIRI q 8 =I Rjgl§ s) gg #b i3 } 8E8 $ gz 9 Q g gE g i i % g g t= g S To8 q gr { i g ej on a a) N Tr 9 {}{},{{}}}{,i i 8 =3 a }}Li{}{{ $ 1: g g!!!};;: j g g i iI:G/-P .gj;IRl+qF : F : 1 q: 1 ; 6 : g k } } Sal g g0 S gj al i :8 1g {i gd ;i Pg hi gE21= g.E B tH ,b k gIN E 8 a) i !O a Eg8i ej ! g 8 {y iDg 6 i g EE bl g ! S F)3 on g2}- gbi8 eE < }{ }{ (a g } } ; i gE 3 rD p g g) g) g Z al tD g) 7) [< g g ! !!! #Eug i E; B d g gIg IS lg aIsIE IE aTaFaq R 18 E [ii ii iii; EBg 1 E 1:lgejk 8= g :a g •g}- 13 }= g b I giS :$ 1:i Fun el=1:1: d & g g g 1- } g ;i iC) =:S0 E8 8 dSi ! IEg gE 8 .=) { g H) bB dj a ! iiI g ! ! ! ! {}}{}{;! ! ! ! ! !$ { } t) B;gIgI,I :# 1 :g 1 ::+ SI: a J) k g i g8 I gi C) Jg g g6I ; 8 ! Bii g ej {}{}{{};} a 2 £RE $ i i a Fa La 3 B E !ii ig 8 gV!!!g Id S IEI EId 6 i g§- k } 8 g ; !! 4a Sg Bi % g i 3 g $ 2 gdgg iISig in i B 6 i g-Bg- g b g q T) i hi!! +In ; } $ { } El g 1 y 1 ggejk g= li{{}}}{ 13 1= 2}- sI i IF g [RhETt JR q I= Iq DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B COMPENSATION lurly Rate ATrACHMENT CO Position Professional 1 Professional 2 Professional 3 Professional 4 Professional 5 Professional 6 Construction Manager 1 Construction Manager 2 Construction Manager 3 Construction Manager 4 Construction Manager 5 Construction Manager 6 Construction Representative 1 Construction Representative 2 Construction Representative 3 Construction Representative 4 CAD Technician/Designer 1 CAD Technician/Designer 2 CAD Technician/Designer 3 Corporate Project Support 1 Corporate Project Support 2 Corporate Project Support 3 Intern / Coop Min 93 119 132 152 215 235 109 116 139 165 198 264 76 96 123 123 83 99 142 70 80 99 53 Max 162 185 291 334 373 439 149 185 189 235 278 327 83 109 175 175 113 182 231 146 205 301 90 Rates for In-House Services and Equipment Mileage Bulk Printing and Reproduction Standard IRS Rates B&W $0.10 Equipment Valve Crew Vehicle (hour) $75 Pressure Data Logger (each) $200 Water Quality Meter (per day) $100 Microscope (each) $150 Pressure Recorder (per day) $100 Ultrasonic Thickness Guage (per day) $275 Coating Inspection Kit (per day) $275 Flushing / Cfactor (each) $500 Backpack Electrofisher (each) $1,000 Survey Grade Standard $200 Sloo $150 $50 Color $0.25Small Format (per copy) Large Format (per sq. ft.) Bond Glossy / Mylar Vinyl / Adhesive Technology Charge $8.50 per hour $0.25 $0.75 $1.50 $0.75 $1.25 $2.00 Mounting (per sq. ft.) Binding (per binding) $2.00 $0.25 Drone (per day) GPS (per day) OTHER DIRECr EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed in house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and/or rates will be adjusted annually in February. Last updated 2023. 330082023 DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B Exhibit D CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insarance 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 strietly 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 nott$cation 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. AU 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: City of Denton. Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 17 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. •That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. •Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. •Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. •Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifIcations, and shall be maintained in compliance with these additional specifIcations throughout the duration of the Contract, or longer, if so noted. [x 1 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 18 of 23 Contract 8345 DocuSign Envelope ID: 4B:P171E9-319B-4416-97A8-E63338D88C4B If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. •Coverage B shall include personal injury. •Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X]Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [x 1 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 City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 9/1 1/18 Page 19 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). []Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [X]Professional Liability Insurance Professional liability insurance with limits not less than 81,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. []Builderst 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 20 of 23 Contract 8345 DocuSign Envelope ID: 4B3471E9-319B4416-97A8-E63338D88C4B 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: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 21 of 23 Contract 8345 DocuStgn Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B 1 ) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 22 of 23 Contract 8345 DocuSign Envelope ID: 4B:P171E9-319B4416-97A8-E63338D88C4B 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 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. 7) 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. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/1 1/18 Page 23 of 23 Contract 8345 DocuSign Envelope ID: 4B:kt71E9-319B-4416-97A8-E63338D88C4B- ' Form CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entit' This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as 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 thI 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. misdemeanor. a W An offense under this section is a Freese and Nicho1 s , Inc. 2 1 1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business 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 Govemment 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?n *”m ... 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?n ,„,m ,„, 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? = ,”A M D Describe each employment or business and family relationship with the local government officer named in this section. 4 5 LJ I have no Conflict of Interest to disclose. 'DocuSigned by: tLdhAS ttahr WgSignaturiT 11/20/2023 with the governmental entity Date DocuSign Envelope ID: 4B3471E9-319B-+416-97A8-E63338D88C4B CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 1 76ofthe Local Government Code may be found at http://www.statutes.legis.state.u.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 orleaseofgoods 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) acontract between the local governmental entity and vendor has been executed; or (ii) the local govemmental entity is considering entering into a contract with the varck)E (B) has given to the local govemmentoMcer ora family member ofthe officer one or more gifts that have an aggregate value ofmore than $ 100 in the 12-month periodpreceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local govenrmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006(a) and fa-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmental entity and: (1) has an employment or other business relationship with a local government officer ofthat local governmental entity,or a family member ofthe omcer, 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 oaicer, 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 Oflicial within the third 3M degree of affinity (marriage) or consanguinity (blood or adoption) CiRr Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Conunission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public rightof-way or other real property interests for public use, Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (SSO,00) per gift, or multiple gift: cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibihty If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year. 'orm provided by Texas Ethics Commission www. ethics .state .tx . us Revised 11/30/2015 [k>cuSign Certificate Of Completion Envelope Id: 4B3471E9319B441 697A8E63338D88C4B Subject: Please DocuSign: City Council Contract 8345 Water Supply and Hydrology Consulting Services Source Envelope: Status: Completed Document Pages: 42 Certificate Pages: 6 Signatures: 6 Initials: 1 Envelope Originator Gabby Leeper AutoNav: Enabled Envelopeld Stamping: Enabled 901B Texas Street Denton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Gabby.Leeper@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 11/13/2023 3:40:21 PM Holder: Gabby Leeper Gabby.Leeper@cityofdenton.com Location: DocuSign Signer Events Gabby Leeper gabby.leeper@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 11/13/2023 3:42:44 PM Viewed: 11/1 3/2023 3:45:15 PM Signed: 11/13/2023 3:46:M PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 11/1 3/2023 3:46:57 PM Viewed: 11/13/2023 4:06:22 PM Signed: 11/1 3/2023 4:06:42 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdentan.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Sent: 11/13/2023 4:06:44 PM Viewed: 11/1 7/2023 6:11 :47 PM Signed: 11/17/2023 6:15:23 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and SIgnature Disclosure: Not Offered via DocuSign Thomas Haster TH@freese.com Vice President Security Level: Email, Account Authentication (None) Sent: 11/1 7/2023 6:15:27 PM Viewed: 11/20/2023 4:40:40 AM Signed: 11/20/2023 4:57:43 AM Signature Adoption: Pre-selected Style Using IP Address: 97.75.108.6 Electronic Record and Signature Disclosure: Accepted: 11/20/2023 4:40:40 AM ID: 18dba568-ad354aac-bld9-dcf89996f9c4 Signer Events Stephen Gay Stephen.Gay@cityofdenton.com Director Water Utlilities Security Level: Email, Account Authentication (None) Signature 'DoaBiWd bF [ stM 6„I9EBFF5&58ES8492 Timestamp Sent: 11/20/2023 4:57:48 AM Viewed: 11/20/2023 8:37:21 AM Signed: 11/20/2023 8:38:03 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 11/20/2023 8:37:21 AM ID: f301f9&1-7a81 4c3a-bb01-b0443f1 ce45b Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 11/20/2023 8:38:07 AM Viewed: 12/1 3/2023 8:02:59 AM Signed: 12/1 3/2023 8:03:34 AM Using IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 12/1 3/2023 8:03:39 AM Viewed: 12/1 3/2023 8:52:06 AM Signed: 12/1 3/2023 8:52:19 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/1 3/2023 8:52:23 AM Viewed : 12/1 3/2023 10:24:56 AM Signed: 12/1 3/2023 10:25:50 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 ElectronIc Record and Signature Disclosure: Accepted: 12/1 3/2023 10:24:56 AM ID: e3281cfa41 2d2}led-92a8-2ela5183d41f In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Status Timestamp Intermediary Delivery Events Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) ElectronIc Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 11/13/2023 3:46:56 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 11/20/2023 8:38:07 AM Viewed: 11/20/2023 3:49:22 PM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 12/1 3/2023 10:25:54 AM Viewed: 12/1 3/2023 1:15:40 PM Haley Salazar Haley.Salazar@cityofdenton.com haley cod Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/9/2023 1 1 :19:24 AM ID: 1675157b-9c7a-16fe-9d90-29cc51b8fffc Sent: 12/1 3/2023 10:25:55 AM Witness Events Signature Signature Timestamp Notary Events Timestamp Envelope Summary Events Envelope Sent Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 11/1 3/2023 3:42:44 PM 11/20/2023 10:59:37 AM 11/27/2023 8:57:51 AM 12/1 3/2023 10:24:56 AM 12/1 3/2023 10:25:50 AM 12/13/2023 10:25:55 AM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Thomas Haster, Stephen Gay, Jesus Salazar, Haley Salazar 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. 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