7417 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
Erica Garcia
Not Applicable
PSA
Bowling Green Park Design
7417
December 1, 2020
N/A
20-2371
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7417
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Tex-
as 76201, hereinafter called “OWNER” and Pacheco Koch Consulting Engineers, Inc., with its
corporate office at 7557 Rambler Rd., Suite 1400, Dallas, TX 75231
, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized repre-
sentatives.
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, Bowling Green Park Design, as described in
Exhibit A, which is on file at the purchasing office and incorporated herein (the “Pro-
ject”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
12/2/2020
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 2 of 12
A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 7417 – Bowling Green Park Design, 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 de-
scribed 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 plan-
ning 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, dis-
pute review boards, or other legal and/or administrative proceedings in the defense or pros-
ecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in addi-
tion to those services contemplated by this AGREEMENT. Such services, if any, shall be
furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 3 of 12
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 representa-
tive of the OWNER, exhaustion of authorized funds, or termination as provided in this Agree-
ment, 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 in-
curred by the CONSULTANT for supplies, transportation and equipment, travel,
communications, subsistence, and lodging away from home, and similar inci-
dental 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 reim-
bursement for direct non-labor expenses not to exceed $62,800.
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 de-
signee; 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 pay-
ments 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 OWN-
ER.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 4 of 12
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWN-
ER 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 fre-
quently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for ser-
vices and expenses within thirty (30) days after receipt of the CONSULTANT’s undis-
puted statement thereof, the amounts due the CONSULTANT will be paid interest in ac-
cordance with the Texas Government Code 2251.025. Additionally, the CONSULT-
ANT 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 accord-
ance 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 con-
tract administrator. It is the intention of the City of Denton to make payment on complet-
ed 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, materi-
als, 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 CON-
SULTANT is entitled to retain copies of all such documents. The documents prepared and fur-
nished 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 Agree-
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 5 of 12
ment 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 ex-
pressly 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 at-
tached hereto and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 6 of 12
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
Pacheco Koch Consulting Engineers, Inc. City of Denton
Mark A. Pacheco, P.E., R.P.L.S, President Purchasing Manager –File 7417
7557 Rambler Road, Suite 1400 901B Texas Street
Dallas, TX 75231 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIV
ENTIRE AGREEMENT
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 7 of 12
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
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
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 8 of 12
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 7417 – Bowling Green Park Design (on file at the purchasing office)
Exhibit B – Consultant’s Scope of Services Offer, Project Schedule and Rate Sheet
Exhibit C – Consultant’s Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this Agree-
ment 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 par-
ty seeking relief shall submit such dispute to the District Courts of Denton County or if
federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Tricia Woliver. However, nothing herein shall limit CONSULTANT
from using other equally qualified and competent members of its firm to perform the
services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 9 of 12
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. The parties agree to transact business electronically. Any statutory requirements that cer-
tain terms be in writing will be satisfied using electronic documents and signing. Elec-
tronic 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 computa-
tions pertaining to this agreement. The CONTRACTOR shall retain such books, records, docu-
ments 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, doc-
uments and other evidence shall be available, within 10 business days of written request. Fur-
ther, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other pay-
ees 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 con-
strued to include drafts and electronic files, even if such drafts or electronic files are subsequent-
ly used to generate or prepare a final printed document.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 10 of 12
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 “com-
pany” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Govern-
ment 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 boy-
cott Israel during the term of the agreement. Failure to meet or maintain the requirements un-
der 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 Sup-
plier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not be-
come 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 pro-
vision will be considered a material breach.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 11 of 12
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 Con-
tractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contrac-
tor 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 :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.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
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.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
City of Denton, Texas Contract 7417
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 12 of 12
ARTICLE XXVII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics).
Any willful violation of this section shall constitute impropriety in office, and any officer or em-
ployee 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 Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
CITY OF DENTON, TEXAS
“OWNER”
__________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM
AARON LEAL, CITY ATTORNEY: PACHECO KOCH CONSULTING
ENGINEERS, INC.
______________________________ “CONSULTANT”
______________________________
BY:
ITS:
______________________________
TEXAS ETHICS COMMISION
CERTIFICATE NUMBER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND
APPROVED as to financial and
operational obligations and busi-
ness terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
mark pacheco
2020-688181
President
Director of Parks and Recreation
Gary Packan
Parks & Recreation
12/2/2020
118 N. Ohio Street ■Celina, TX 75009-9999 ■214.451.2765 ■pkce.com
October 5, 2020
PK No.: 0100
Ms. Erica Garcia
CITY OF DENTON
901 B Texas Street
Denton, Texas 76209
Re: Professional Civil Engineering & Landscape Architecture Services
DENTON BOWLING GREEN PARK IMPROVEMENTS
Denton, Denton County, Texas
Dear Ms. Garcia:
Pacheco Koch Consulting Engineers, Inc. is pleased to submit this proposal to provide
professional civil engineering and landscape architecture services relating to the
referenced project. It is our understanding the project consists of landscape design
services to complete the proposed park improvements.
Based on our preliminary discussions and the information received to date, our perception
of the project is as shown on the attached documents. For your reference, please find the
attached documents:
Attachment A – Scope of Services;
Attachment B – Compensation and Method of Payment;
Attachment C – Schedule;
Attachment D – Limit of Work;
Attachment E – FEMA Map; and
Attachment F – Preliminary Estimate of Projected Man Hours
Pacheco Koch Consulting Engineers, Inc. is pleased to have this opportunity to submit this
proposal and look forward to working with you on this project. If the proposed agreement
is acceptable to you as presented, please execute one copy of the agreement form and
return one original copy to our office. If you have any questions or would like any
additional information, please do not hesitate to call us at your convenience.
Sincerely,
Wade C. Peterson, P.L.A., LEED®AP
TAW/jmc
EXHIBIT BDocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 2
ATTACHMENT ‘A’ – SCOPE OF SERVICES
DENTON BOWLING GREEN PARK IMPROVEMENTS
PROJECT DESCRIPTION:
The project consists of landscape architecture services for the proposed park
improvements. It is understood that Pacheco Koch will work with the City and a
Community Stakeholder Meeting during Schematic Design to determine a final design
approach for the proposed trail system and raised community garden within the 18 acre
neighborhood Denton Bowling Green Park to take to full construction documentation.
BASIC SERVICES:
A. Public Involvement/Visioning Services:
1. Pacheco Koch will provide one (1) public meeting that include working with
a stakeholder group selected by City staff to determine contextual design
improvements to be incorporated into the trail and community garden
design.
Included in this item:
A concept work session where Pacheco Koch staff will show ideas,
images, design elements and concepts for reaction and input from
the stakeholders.
Taking the input from the concept work session, Pacheco Koch staff
will develop a preferred concept and present it at a second meeting
for input and revisions that will be incorporated into the construction
documents.
Not included in this item:
Architectural design guidelines.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 3
B. Tree Protection and Mitigation Plan
1. Pacheco Koch will provide a mitigation plan for the trees located on a site
according to the governing municipal ordinance. This service assumes that
Pacheco Koch is also performing Landscape Planting Plan, as the
mitigation trees are typically shown on this plan.
Included in this item:
A digital spreadsheet provided the identification number of the tree,
size in caliper inches, approximate canopy spread, species, and
condition of the tree based on the tree survey provided by the City
of Denton Parks Department.
Digital tree plan overlay onto the topographical survey provided by
the City of Denton Parks Department.
An analysis summary of required mitigation and potential methods
of achieving it based on the preliminary site development plans.
Tree protection plan, details and specifications as required by
ordinance.
Not included in this item:
Field identification and GPS location of trees over 6”DBH (diameter
at breast height).
Topographical survey.
Environmental investigation, delineations or investigations.
C. TAS/TDLR Coordination
1. Pacheco Koch will prepare submittal paperwork and submit plans and
specifications to a Registered Accessibility Specialist (RAS) to be reviewed
in accordance with the Texas Accessibility Standards (TAS); particularly,
the Architectural Barriers Act.
Included in this item:
One (1) revision to the plans to respond to any deficiencies in the
plans and specifications identified in the RAS plan review.
One (1) site visit with the RAS for the final site inspection.
Not included in this item:
One (1) revision to the plans to respond to any deficiencies in the
plans and specifications identified in the RAS plan review.
One (1) site visit with the RAS for the final site inspection.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 4
D. Full Landscape Architecture Plan Services
1. Pacheco Koch will provide a Landscape Architecture Design services that
consists of hard and soft surface elements of the site on the ground plane,
excluding vehicular paving. Elements typically include, loop trail system,
pedestrian hand rails (if required), site furniture, mow curbs, landscape
plantings, irrigation, and seat walls/retaining walls less than 36” in height.
Included in this item:
Coordination of City review and approval of plans prepared as part
of this item.
Up to three (3) team design meetings to coordinate ground plane
design elements.
Concept Design: Two (2) concept options submitted for client
review and coordination. Following a presentation of the concepts
to the City and Community Stakeholders, Client comments will be
incorporated into the Schematic Design.
Schematic Design: One (1) schematic option submitted for client
review and coordination. One (1) board depicting critical sections,
elevations or three dimensional aspects of the design necessary to
demonstrate design intent. Following team review, one (1) revision
of the Schematic Design to incorporate client comments. An
opinion of probable construction cost will be provided.
Design Development: One (1) image board depicting proposed
materials and design theme options. Plans to include one (1)
Layout Plan depicting horizontal alignment of hard surface
elements and lighting, one (1) Grading and Drainage Plan depicting
direction and location of site drainage with respect to existing
floodplain, including existing and proposed one foot contours for all
pedestrian spaces, one (1) Planting Plan for site plan approvals,
one (1) Irrigation Plan, and Site Detail Plans depicting elevations
and sections of key elements prepared as a part of this item. An
opinion of probable construction cost will be provided.
Construction Documents: Plans to include layout, grading,
planting, irrigation and detail plans to a level sufficient to
demonstrate design intent and allow the construction thereof,
including materials and quantity schedules. Technical
specifications will be prepared for each critical item in the
Landscape Architectural Plans.
Coordination with the Civil Engineer for any modeling required to
stay clear from the existing adjacent 100-year floodplain.
Coordination with the Structural Engineer for any wall footings if
required.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 5
Not included in this item:
Wall design for walls over 36” in total height, or with surcharges.
Vehicular pavement design and grading. Paving enhancement
design for vehicular areas, if any, will be provided to the civil
engineer in the design development phase for incorporation into the
vehicular paving plans.
Fountain, pond or specialty water feature design. If one of these
should be requested, it can be provided as an additional service.
Irrigation systems utilizing reclaimed water that require pumps,
filters and associated controls. This can be provided as an
additional service if needed.
LEED pursuit.
Green roofs or terraces over structure.
E. Landscape Architecture Bid Phase Services
1. During the Bid Phase, Pacheco Koch will be available to provide
coordination as required with prospective bidders.
F. Landscape Construction Administration
1. Pacheco Koch will provide limited Construction Administration services
related to the work shown on the Landscape Plans.
A representative will process shop drawings and product submittals,
respond to RFIs, and issue supplemental instructions if required related to
the work shown on the Landscape Architecture, Planting and/or Irrigation
Plans provided by Pacheco Koch. Submittals not required by the contract
documents or not related to plans developed by the landscape architect will
not be reviewed.
At the Client’s request, a representative will attend up to two (2)
Owner/Architect/Contractor (OAC) project coordination meetings during
construction.
At the request of the Owner, Pacheco Koch will visit the site at critical
junctures during the course of site construction up to three (3) times.
Recommended times for site visits could include:
Paving mockups and site formwork/reinforcing.
Testing of the irrigation main line and landscape drainage
structures.
Upon completion of soil preparation and finish grade, after plant
material has been laid out, but prior to actual planting.
Substantial Completion Walk-Through
Final Completion Walk-Through.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 6
(Continued from previous page)
This shall not be construed as performing continuous construction
inspection. Please note the following:
Pacheco Koch shall not at any time supervise or have authority over
any Contractor work or jobsite management procedures, nor shall
Pacheco Koch have authority over or be responsible for the means
and methods, or procedures of construction selected or used by the
Contractor.
Pacheco Koch neither guarantees the performance of the
Contractor nor assumes responsibility for the Contractor’s failure to
furnish and perform the Work in accordance with the Contract
Documents.
Pacheco Koch shall not provide or have any responsibility for surety
bonding or insurance-related advice, recommendations,
counseling, or research, or enforcement of construction insurance
or surety bonding requirements.
Pacheco Koch shall not be responsible for the acts or omissions of
the Contractor or for any decision or interpretation of the Contract
Documents made by the Contractor.
While at the Site, Pacheco Koch’s employees and representatives
shall comply with the specific applicable requirements of the
Contractor’s and Owner’s safety programs of which Pacheco Koch
has been informed in writing.
SPECIAL SERVICES:
G. Hydrologic Analysis
1. Pacheco Koch will prepare a hydrologic analysis for the watershed
containing the above referenced tract. We will perform this analysis for
existing watershed conditions as required by the FEMA and fully developed
watershed conditions as required by the City. The analysis will determine
the 5-, 25- and100-year peak discharges in our hydraulic analysis. The
hydrologic model will also be used to determine detention requirements for
post-project conditions.
Included in this item:
Drainage Area Maps;
Land Use Exhibit and Curve Number Calculations;
Time of Concentration Calculations;
Hydrologic parameter summary; and
Detention analysis.
Not included in this item:
Construction Documents.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT A to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 7
Services not included in this contract:
Construction inspection services
As-built surveys of constructed improvements
Public hearings or City Council/Commission meetings
Utility coordination meeting(s) to start relocation process with affected franchise
utilities.
Reset property corner monumentation disturbed or removed during or after
construction
Required application and permitting fees (LOMR) or special insurance premiums
are not included
Phase II Environmental Site Assessments
Storm Water Pollution Prevention Plans (SWPPP)
Floodplain studies and permitting
Boundary and topographic surveying
Preliminary and final platting
Zoning change assistance
Traffic and parking studies
Design of screening walls, light pole bases, transformer or generator pads.
Design of any underfloor drainage systems or grading.
Design of french drain systems around the building perimeters.
Site Lighting Plan
Signage Plan
Off-site roadway, drainage, and utility extensions/improvements
LEED pursuit
Construction staking
END OF ATTACHMENT ‘A’
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT B to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 8
ATTACHMENT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
DENTON BOWLING GREEN PARK IMPROVEMENTS
COMPENSATION:
For all professional services included in ATTACHMENT ‘A’, Scope of
Services, the CONSULTANT shall be compensated a lump sum fee of $62,800.00
as summarized below. The total lump sum fee shall be considered full compensation
for the services described in ATTACHMENT ‘A’, including all labor materials, supplies,
and equipment necessary to deliver the services.
Basic & Special Services
A. Public Involvement/Visioning Services $ 4,600.00
B. Tree Protection and Mitigation Plan $ 5,000.00
C. TAS/TDLR Coordination $ 2,500.00
D. Full Landscape Architecture Plan Services $42,000.00
E. Landscape Architecture Bid Phase Services $ 3,000.00
F. Landscape Construction Administration $ 5,700.00
G. Hydrologic Analysis If Required
TOTAL $62,800.00
METHOD OF PAYMENT:
The CONSULTANT shall be paid monthly payments as described in Article 3 of the
AGREEMENT. The cumulative sum of such monthly partial fee payments shall not
exceed the total current project budget including all approved Amendments. Each invoice
shall be verified as to its accuracy and compliance with the terms of this Agreement by an
officer of the CONSULTANT.
Monthly statements for reimbursable services performed by sub consultants will be based
upon the actual cost to the CONSULTANT plus ten percent (10%). Direct expenses for
services such as printing, express mail, fees, mileage and other direct expenses that are
incurred during the progress of the project will be billed at 1.1 times the CONSULTANT’S
cost.
END OF ATTACHMENT ‘B’
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT C to Agreement
between the City of Denton, Texas
(OWNER) and Pacheco Koch
Consulting Engineers, Inc.,
(CONSULTANT) for Consulting
Services
10/5/2020 Page 9
ATTACHMENT ‘C’ – SCHEDULE
DENTON BOWLING GREEN PARK IMPROVEMENTS
Activity
Estimated
Duration
(weeks)
Estimated
Completion
After N.T.P.
Notice-To-Proceed -
Data Collection, Public Meeting 4 4 Weeks
Conceptual Design Submittal (30%) 4 8 Weeks
Preliminary Design Submittal (60%) 4 16 Weeks
Preliminary Owner Review Complete 2 18 Weeks
Final Design Submittal (95%) 4 22 Weeks
Final Owner Review Complete 2 24 Weeks
Final Plans Complete (100%) 4 28 Weeks
Receive Bids 4 32 Weeks
Contract Award 4 36 Weeks
Begin Construction 2 38 Weeks
Complete Construction 52 90 Weeks
Record Drawings 2 92 Weeks
The CONSULTANT is not responsible for delays beyond its control.
END OF ATTACHMENT ‘C’
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT DDocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
USGS The National Map: Orthoimagery. Data refreshed April 2020
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AREAS
Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards
The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 8/25/2020 at 12:49 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location.
1:6,000
97°9'15"W 33°14'27"N
97°8'38"W 33°13'57"N
ATTACHMENT EDocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
PRELIMINARY ESTIMATE OF PROJECTED MAN HOUR/COSTSLandscape Plans - Trail and Raised Garden and Associated ServicesCity of Denton Parks Department October 5, 20201. BASIC SERVICES - Denton Bowling Green Park24 TOTAL SHEETS - 24x36 Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Research Asst.A. Conceptual Design 10% Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $50.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostProject Kick-off Meeting with City of Denton1.0 225.00$ 1.0 150.00$ 1.0 90.00$ -$ -$ 3.0465.00$Prepare site pland, visit site and review utilities-$ -$ 8.0 720.00$ -$ -$ 8.0720.00$Prepare 2 conceptual plans for City Review and Final Selection (renderings)-$ 12.0 1,800.00$ 24.0 2,160.00$ -$ -$ 36.03,960.00$ Prepare presentation materials and coordination for Community Engagement-$ 8.0 1,200.00$ 20.0 1,800.00$ -$ -$ 28.03,000.00$ Community Engagement Meeting and coordination2.0 450.00$ 8.0 1,200.00$ 0.0 -$ -$ -$ 10.01,650.00$ Subtotal 3.0 675.00$ 29.0 4,350.00$ 53.0 4,770.00$ 0.0 -$ 0.0 -$ 85.09,795.00$ Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Research Asst.B. Schematic Design 30% Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $50.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostPrepare Cover Sheet, Index of Drawings, General Notes-$ -$ 12.0 1,080.00$ -$ -$ 12.01,080.00$ Prepare Planting Plans-$ 4.0 600.00$ 16.0 1,440.00$ -$ -$ 20.02,040.00$ PrepareTrail Layout and Hardscape Plans-$ 4.0 600.00$ 16.0 1,440.00$ -$ -$ 20.02,040.00$ QA/QC & address comments1.0 225.00$ 1.0 150.00$ 2.0 180.00$ -$ -$ 4.0555.00$Submit 1 electronic pdf plan set for review-$ 1.0 150.00$ 2.0 180.00$ -$ -$ 3.0330.00$Subtotal 1.0 225.00$ 10.0 1,500.00$ 48.0 4,320.00$ 0.0 -$ 0.0 -$ 59.06,045.00$ Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Admin. Asst.C. Preliminary Design 60% Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostRespond to 30% City Review comments-$ 2.0 300.00$ 0.0 -$ -$ -$ 2.0300.00$Update30% Planting and Layout/Hardscape Plans per City Comments-$ 16.0 2,400.00$ 32.0 2,880.00$ -$ -$ 48.05,280.00$ Site Visit to Update Tree Growth to Tree Survey-$ -$ 8.0 720.00$ -$ -$ 8.0720.00$Prepare Tree Protection Mitigation Plan per City Requirements -$ 2.0 300.00$ 6.0 540.00$ -$ -$ 8.0840.00$Prepare Area Drainage Plan and Drainage Details-$ 4.0 600.00$ 8.0 720.00$ -$ -$ 12.01,320.00$ Prepare Erosion Control and SWPPP Plans and Details-$ 4.0 600.00$ 12.0 1,080.00$ -$ -$ 16.01,680.00$ Prepare Grading Plans-$ 16.0 2,400.00$ 24.0 2,160.00$ -$ -$ 40.04,560.00$ Prepare Irrigation Plans-$ 2.0 300.00$ 16.0 1,440.00$ -$ -$ 18.01,740.00$ Prepare details and include/modify standard details-$ 2.0 300.00$ 16.0 1,440.00$ -$ -$ 18.01,740.00$ Include City of Denton Standard General Notes for Construction-$ -$ 4.0 360.00$ -$ -$ 4.0360.00$Prepare construction cost estimate with quantities1.0 225.00$ 4.0 600.00$ -$ -$ -$ 5.0825.00$QA/QC and address comments1.0 225.00$ 2.0 300.00$ 4.0 360.00$ -$ -$ 7.0885.00$Submit 1 electronic pdf plan set for review-$ 1.0 150.00$ 2.0 180.00$ -$ -$ 3.0330.00$Subtotal 2.0 450.00$ 55.0 8,250.00$ 132.0 11,880.00$ 0.0 -$ 0.0 -$ 189.020,580.00$ Page 1 of 3ATTACHMENT FDocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
PRELIMINARY ESTIMATE OF PROJECTED MAN HOUR/COSTSLandscape Plans - Trail and Raised Garden and Associated ServicesCity of Denton Parks Department October 5, 2020 Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Admin. Asst.D. Pre-Final Design 90% Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostRespond to Preliminary Design comments-$ 2.0 300.00$ -$ -$ -$ 2.0300.00$Update plans per 60% City Comments, Advance the Design-$ 24.0 3,600.00$ 48.0 4,320.00$ -$ -$ 72.07,920.00$ Prepare special specifications if necessary-$ 4.0 600.00$ -$ -$ 2.0 140.00$ 6.0740.00$Update construction cost estimate with quantities1.0 225.00$ 2.0 300.00$ -$ -$ -$ 3.0525.00$QA/QC and address comments1.0 225.00$ 2.0 300.00$ 4.0 360.00$ -$ -$ 7.0885.00$Submit 1 electronic pdf plan set for review-$ 2.0 300.00$ 2.0 180.00$ -$ -$ 4.0480.00$Subtotal 2.0 450.00$ 36.0 5,400.00$ 54.0 4,860.00$ 0.0 -$ 2.0 140.00$ 94.010,850.00$ Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Admin. Asst.E. Final Design 100% Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostUpdate plans per 90% City Comments-$ 12.0 1,800.00$ 24.0 2,160.00$ -$ -$ 36.03,960.00$ Prepare final project cost estimate1.0 225.00$ 2.0 300.00$ 2.0 180.00$ -$ -$ 5.0705.00$QA/QC and address comments1.0 225.00$ 2.0 300.00$ 8.0 720.00$ -$ -$ 11.01,245.00$ Submit for final plan set-$ 2.0 300.00$ 4.0 360.00$ -$ -$ 6.0660.00$Subtotal 2.0 450.00$ 18.0 2,700.00$ 38.0 3,420.00$ 0.0 -$ 0.0 -$ 58.06,570.00$ Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech. Admin. Asst.F. Bid Phase Services Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostPrepare bidding documents-$ 4.0 600.00$ -$ -$ -$ 4.0600.00$Attend Pre-Bid Meeting-$ 4.0 600.00$ -$ -$ -$ 4.0600.00$Respond to questions during bidding/RFI's-$ 8.0 1,200.00$ -$ -$ -$ 8.01,200.00$ Prepare Bid Tabulation-$ 1.0 150.00$ -$ -$ 4.0 280.00$ 5.0430.00$Subtotal 0.0 0.0 17.0 2550.0 0.0 0.0 0.0 0.0 4.0 280.00$ 21.02,830.00$ 56,670.00$ SUBTOTAL (BASIC SERVICES) Page 2 of 3DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
PRELIMINARY ESTIMATE OF PROJECTED MAN HOUR/COSTSLandscape Plans - Trail and Raised Garden and Associated ServicesCity of Denton Parks Department October 5, 2020 Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech.H. CONSTRUCTION ADMINISTRATION Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. CostAttend Pre-Construction-$ 2.00 300.00$ -$ -$ -$ 2.0 300.00$Respond to RFI's-$ 6.00 900.00$ -$ -$ -$ 6.0 900.00$Review shop drawings, product data, mix design, etc.-$ 8.00 1,200.00$ -$ -$ -$ 8.01,200.00$ Three Site Visits During Construction with Contractor Meetings and Create Field Reports-$ 12.00 1,800.00$ -$ -$ -$ 12.01,800.00$ Attend Substantial Complete Walk-Thru & Prepare punch list-$ 4.00 600.00$ -$ -$ 2.0 140.00$ 6.0740.00$Attend Final Completion Walk-Thru-$ 4.00 600.00$ -$ -$ 2.0 140.00$ 6.0740.00$Subtotal 0.0 -$ 36.0 5,400.00$ 0.0 -$ 0.0 -$ 4.0 280.00$ 40.05,680.00$ Principal Project Manager-LA/Eng Junior LA/Eng CADD Tech.I. Hydraulics and Hydrology if required Rate $225.00 Rate $150.00 Rate $90.00 Rate $75.00 Rate $70.00 TOTALHrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost-$ -$ -$ -$ -$ - -$ -$ -$ -$ -$ -$ - -$ -$ -$ -$ -$ -$ 0.0-$ -$ -$ -$ -$ -$ 0.0-$ -$ -$ -$ -$ -$ 0.0-$ -$ -$ -$ -$ -$ 0.0-$ Subtotal 0.0 -$ 0.0-$ 0.0 -$ 0.0 -$ 0.0 -$ 0.0-$ SUBTOTAL (BASIC SERVICE )56,670.00$ SUBTOTAL (SPECIAL SERVICE - Const Admin)5,680.00$ TOTAL COST Admin. Asst.62,350.00$ Admin. Asst.Page 3 of 3DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
Exhibit C
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed and
provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder shall
have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for clarification
of any insurance requirements at any time; however, Contractors are strongly advised to make
such requests prior to bid opening, since the insurance requirements may not be modified or
waived after bid opening unless a written exception has been submitted with the bid. Contractor
shall not commence any work or deliver any material until he or she receives notification that
the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this contract,
effective as of the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with these
additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00
shall be provided and maintained by the Contractor. The policy shall be written on an
occurrence basis either in a single policy or in a combination of underlying and
umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and
ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily injury
and property damage liability arising out of the operation, maintenance and use of all
automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096
of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation
Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be
on an "occurrence" basis, and the policy shall be issued by the same insurance company
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
that carries the Contractor's liability insurance. Policy limits will be at least combined
bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with respect
to negligent acts, errors or omissions in connection with professional services is required
under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access to
City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly with
the contractor and regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any overage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all employees of the
Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the person
for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B.Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C.Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4 I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Pacheco Koch Consulting Engineers, Inc. for City of Denton
N/A
N/A
N/A
N/A
X
Mark A. Pacheco, PE, RPLS - President
August 3, 2020
DocuSign Envelope ID: 6FE77C52-A08A-4709-A608-8E9E7E12161E
Certificate Of Completion
Envelope Id: 6FE77C52A08A4709A6088E9E7E12161E Status: Completed
Subject: Please DocuSign: City Council Contract 7417 Bowling Green Park Design
Source Envelope:
Document Pages: 35 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
11/2/2020 3:15:01 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 11/2/2020 3:23:44 PM
Viewed: 11/2/2020 3:23:58 PM
Signed: 11/2/2020 3:25:10 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 11/2/2020 3:25:12 PM
Viewed: 11/2/2020 5:24:14 PM
Signed: 11/2/2020 5:26:13 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 50.27.157.167
Sent: 11/2/2020 5:26:17 PM
Viewed: 11/10/2020 7:36:09 AM
Signed: 11/10/2020 7:37:26 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
mark pacheco
mpacheco@pkce.com
President
Pacheco Koch Consulting Engineers
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 107.77.196.174
Signed using mobile
Sent: 11/10/2020 7:37:30 AM
Viewed: 11/10/2020 7:38:06 AM
Signed: 11/10/2020 12:39:56 PM
Electronic Record and Signature Disclosure:
Accepted: 11/10/2020 7:38:06 AM
ID: 20eb28a7-bc83-4736-ac4c-9eff77d20378
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/10/2020 12:40:01 PM
Viewed: 11/10/2020 12:53:03 PM
Signed: 11/10/2020 2:28:31 PM
Electronic Record and Signature Disclosure:
Accepted: 11/10/2020 12:53:03 PM
ID: 1b519bbf-22b8-48d8-82e1-12bc22245076
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 11/10/2020 2:28:35 PM
Viewed: 12/2/2020 9:23:04 AM
Signed: 12/2/2020 9:23:22 AM
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)
Signature Adoption: Pre-selected Style
Using IP Address: 47.184.93.41
Sent: 12/2/2020 9:23:27 AM
Viewed: 12/2/2020 9:29:15 AM
Signed: 12/2/2020 9:29:23 AM
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/2/2020 9:29:27 AM
Viewed: 12/3/2020 10:30:49 AM
Signed: 12/3/2020 10:31:55 AM
Electronic Record and Signature Disclosure:
Accepted: 12/3/2020 10:30:49 AM
ID: 61d4ee94-8af3-4aba-a1f3-db935caa7117
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/2/2020 3:25:12 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/10/2020 2:28:35 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Zolina Parker
zolina.parker@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/3/2020 10:31:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Drew Huffman
Drew.Huffman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/3/2020 10:31:59 AM
Electronic Record and Signature Disclosure:
Accepted: 7/13/2018 2:52:26 PM
ID: 0fcc9a04-4fe5-41d0-935e-32877832cf92
Wade Peterson
wpeterson@pkce.com
Principal
Security Level: Email, Account Authentication
(None)
Sent: 12/3/2020 10:32:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Krysta Rodriguez
krodriguez@pkce.com
Security Level: Email, Account Authentication
(None)
Sent: 12/3/2020 10:32:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/2/2020 3:23:44 PM
Certified Delivered Security Checked 12/3/2020 10:30:49 AM
Signing Complete Security Checked 12/3/2020 10:31:55 AM
Completed Security Checked 12/3/2020 10:32:01 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
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.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: mark pacheco, Gary Packan, Todd Hileman, Rosa Rios, Drew Huffman
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.