7818-002 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Not Applicable
Design of Fire Station 9
7818-002
Christa Christian
PSA
JANUARY 11, 2022
N/A
22-078
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 1 of 17
STANDARD AGREEMENT FOR ARCHITECTURAL RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Parkhill, Smith & Cooper, Inc., with its corporate office at and authorized to
do business in Texas, ("ARCHITECT"), for a PROJECT generally described as: Design of
Fire Station #9 (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ARCHITECT, and the ARCHITECT hereby
agrees to perform, professional architectural services set forth in the Scope of
Services attached hereto as Exhibit A. These services shall be performed in
connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ARCHITECT or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ARCHITECT shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ARCHITECT shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $1,011,665 in the manner and in
accordance with the fee schedule as set forth in Exhibit B. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Exhibit B.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ARCHITECT shall proceed diligently with the PROJECT
to completion as described in the PROJECT schedule as set forth in Exhibit A.
SECTION 3
Terms of Payment
Payments to the ARCHITECT will be made as follows:
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 2 of 17
A. Invoice and Payment
(1) The Architect shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Exhibit A to reasonably substantiate the invoices.
(2) The ARCHITECT will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ARCHITECT for billings contested in
good faith within 60 days of the amount due, the ARCHITECT may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ARCHITECT shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the ARCHITECT
A. General
The ARCHITECT will serve as the CITY's professional architect representative under this
AGREEMENT, providing professional architectural consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The ARCHITECT shall perform its services:
(1) with the professional skill and care ordinarily provided by competent architects
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 3 of 17
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent architect.
C. Subsurface Investigations
(1) The ARCHITECT shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and architectural work to be
performed hereunder. The ARCHITECT shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ARCHITECT.
D. Preparation of Architectural Drawings
The ARCHITECT will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ARCHITECT shall not be liable for the use
of such drawings for any project other than the PROJECT described herein.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the ARCHITECT 's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ARCHITECT
or its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ARCHITECT and its personnel have no authority
to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 4 of 17
Exhibit A, the ARCHITECT or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ARCHITECT be construed as requiring
ARCHITECT to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ARCHITECT makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ARCHITECT shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ARCHITECT shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ARCHITECT shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with Exhibit A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ARCHITECT has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ARCHITECT makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ARCHITECT 's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ARCHITECT to the CITY for periodic construction progress
payments to the construction contractor will be based on the ARCHITECT 's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ARCHITECT to ascertain
that the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 5 of 17
ARCHITECT has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ARCHITECT is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ARCHITECT agrees that the CITY shall, until the expiration of five (5) years
after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ARCHITECT involving transactions relating to this AGREEMENT.
ARCHITECT agrees that the CITY shall have access during normal working
hours to all necessary ARCHITECT facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ARCHITECT reasonable
advance notice of intended audits.
(2) ARCHITECT further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ARCHITECT and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ARCHITECT for the
cost of copies at the rate published in the Texas Administrative Code in effect as
of the time copying is performed.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 6 of 17
J. INSURANCE
(1) ARCHITECT’S INSURANCE
a. Commercial General Liability – the ARCHITECT shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ARCHITECT shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
architect owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ARCHITECT
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ARCHITECT shall maintain workers
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 7 of 17
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ARCHITECT waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ARCHITECT pursuant to this AGREEMENT.
d. Professional Liability – ARCHITECT shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ARCHITECT has obtained
all required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 8 of 17
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ARCHITECT 's insurance policies including
endorsements thereto and, at the CITY's discretion; the ARCHITECT
may be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ARCHITECT shall be
required by the ARCHITECT to maintain the same or reasonably
equivalent insurance coverage as required for the ARCHITECT. When
sub consultants/subcontractors maintain insurance coverage,
ARCHITECT shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 9 of 17
The ARCHITECT agrees to perform all services as an independent consultant and not as
a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ARCHITECT acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ARCHITECT further acknowledges that it
will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ARCHITECT will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ARCHITECT to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current architectural practice standards which the ARCHITECT should have
been aware of at the time this AGREEMENT was executed, the ARCHITECT shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ARCHITECT could not have been reasonably aware of, the
ARCHITECT shall notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
O. Schedule
ARCHITECT shall manage the PROJECT in accordance with the schedule developed per
Exhibit A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ARCHITECT and ARCHITECT’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 10 of 17
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ARCHITECT and
ARCHITECT’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ARCHITECT as required for the
ARCHITECT 's performance of its services. The CITY will perform, at no cost to the
ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ARCHITECT 's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the ARCHITECT 's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Exhibit A.
E. Prompt Notice
The CITY will give prompt written notice to the ARCHITECT whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ARCHITECT 's
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 11 of 17
services or of any defect in the work of the ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ARCHITECT will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ARCHITECT had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ARCHITECT from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ARCHITECT’s negligence or if ARCHITECT brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ARCHITECT 's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ARCHITECT for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ARCHITECT, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the architectural services performed. Only the CITY
will be the beneficiary of any undertaking by the ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ARCHITECT.
I. CITY's Insurance
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 12 of 17
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ARCHITECT a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ARCHITECT for required or
requested assistance to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY. In the event CITY requests such services of the
ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ARCHITECT 's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ARCHITECT will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 13 of 17
C. Force Majeure
The ARCHITECT is not responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of the ARCHITECT
that prevent ARCHITECT’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ARCHITECT.
b. by either the CITY or the ARCHITECT for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ARCHITECT 'S personnel to document
the work underway at the time of the CITY'S termination for convenience
so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ARCHITECT will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ARCHITECT for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ARCHITECT s personnel and subcontractors, and ARCHITECT 's compensation will be
made.
F. Indemnification
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 14 of 17
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ARCHITECT OR ARCHITECT’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ARCHITECT EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ARCHITECT’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ARCHITECT shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ARCHITECT AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 15 of 17
ARCHITECT shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ARCHITECT shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ARCHITECT shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ARCHITECT employee who is not legally eligible to perform
such services. ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ARCHITECT, ARCHITECT’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ARCHITECT, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
ARCHITECT acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ARCHITECT certifies that ARCHITECT’S signature provides written
verification to the CITY that ARCHITECT: (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.
M. 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, ARCHITECT certifies that ARCHITECT’S signature
provides written verification to the CITY that ARCHITECT, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 16 of 17
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
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 City 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.
O. Agreement Documents
This AGREEMENT, including its Exhibits and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following Exhibits and schedules are hereby made a part of this
AGREEMENT:
Exhibit A - Scope of Services
Exhibit B – Fee Proposal
Exhibit C – Hourly Rate Schedule
Exhibit D – Conflict of Interest Questionnaire
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
City of Denton, Texas
Professional Services Agreement
Revised Date: 9/6/18
Page 17 of 17
BY:
CITY OF DENTON, TEXAS
BY:
Parkhill, Smith & Cooper, Inc
City Manager
Date:__________________
Scott Nelson, AIA
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ATTEST:
CITY SECRETARY
By:______________________________
___2022-________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
2021-834696
12/21/2021
12/21/2021
Facilities Management
Director - Airport & Facilities
01/01/2022
3000 Internet Blvd, Suite 550 | Frisco, Tx 75034
REVISED December 3, 2021
Ms. Marissa Barrett
Administration Manager
Airport & Facilities Management
City of Denton
RE: EXHIBIT A,B,C,D | Proposal for Professional Services
Denton Fire Station No. 9
Dear Ms. Barrett
Parkhill (A/E) is pleased to submit this proposal for professional services to the City of Denton; Denton, Texas (CLIENT) for the
Fire Station No. 9 (PROJECT).
PROJECT SCOPE
The scope of services to provide professional architectural and engineering services as
follows:
Architecture Parkhill + Martinez Architects
Interior Design Parkhill + Martinez Architects
Mechanical & Electrical Engineering Parkhill
Structural Engineering Alpha Consulting Engineers
Storm Shelter Peer Review Parkhill
Civil Engineering MJ Thomas
Landscape Architect Parkhill
Surveying Coleman & Associates
IT/Data/AV Design DataCom Design Group
Security Design DataCom Design Group
Sustainable Design Sustainable Concepts
Cost Estimating OCMI
Scope of Services
Geotechnical Engineering D&S Engineering Labs
Site Location Site (approximately 1.09 acres) is located east of the existing Denton Enterprise Airport
building (5000 Airport Road, Denton, TX 76207) is anticipated to include the following:
Two outside aprons with one fueling area;
Small visitor parking (12 spaces);
Secured employee parking with 12 parking spaces; and
An emergency generator & fuel tank with 72 hours fuel capacity at full load.
EXHIBIT A
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Denton Fire Station No. 09
Parkhill Page 2 of 4
Building Scope New Fire Station / Aircraft Rescue & Fire Fighting (ARFF) facility (approximately 13,640
sf) is anticipated to include the following:
Two-Story building with an observation deck on the second floor.
Four (4) bays, one of which will meet the FAA’s applicable ARFF guidelines
Level 1 will have the standard support services for a fire station of this type.
This includes a bunker gear room, foam storage, dry chemical storage,
decontamination room, utility room, workshop, self-contained breathing
apparatus (SCBA) room, laundry room and PD satellite office.
Level 2 will have an observation deck; kitchen & dining; exercise area; day
room; six (6) sleeping quarters supported by three single restrooms/showers;
and a Captain’s office supported by private sleeping quarters and a private
bathroom/shower.
Location Area
First Floor
Restrooms 156 NSF
Fleet Bay 5,194 NSF
Decontamination 435 NSF
First Aid/EMS 125 NSF
Lockers 299 NSF
Hose/SCBA 411 NSF
Shop 291 NSF
Subtotal First Floor 6,911 NSF
Second Floor
Bedrooms 772 NSF
Captains Office/Quarters 291 NSF
Restrooms 500 NSF
Laundry 181 NSF
Day Room 444 NSF
Kitchen/Dining 816 NSF
Watch Office 128 NSF
Observation Deck 343 NSF
Foam on Mezzanine 268 NSF
Storage 167 NSF
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Denton Fire Station No. 09
Parkhill Page 3 of 4
Janitor 58 NSF
Gym 535 NSF
Subtotal Second Floor 4,503 NSF
Subtotal of Net Assignable SF 11,414 NSF
IT/Mechanical 170 NSF
Circulation 2,056 NSF
Total Gross Building SF 13,640 GSF
Budget Construction Budget (Hard Cost) is approximately:
Base Building & Site $7,000,000.00
Schedule Notice to Proceed Jan. 12, 2022
Design Jan. 13, 2022 – Sept. 9, 2022
Bid & Permit Sept. 12, 2022 – Oct. 5, 2022
Construction Oct. 5, 2022 – Aug. 28, 2023
SCOPE OF SERVICES
A/E will provide professional services according to Exhibit A – Scope of Services.
COMPENSATION
A/E will provide professional services on a lump sum basis plus reimbursable expenses. Refer to Exhibit B – Fee Proposal, for a
breakdown of associated fees.
Invoices shall be issued monthly based on a percent complete basis.
Changes to the scope of work including, changes to previously approved documents, project schedule, project scope, or scope of
services may, as mutually agreed to result in additional services.
The additional services will be performed as a mutually agreed to lump sum authorized in advance and in writing, or if agreed to
by the City, at the hourly rates contained in Exhibit C – Hourly Rate Schedule.
REIMBURSABLE EXPENSES
Reimbursable expenses will be billed at invoice cost and include local travel, normal postage/shipping, reproductions/copies and
color plots/prints.
EXISTING CONDITIONS
A/E will make no representations regarding the suitability for reuse of the existing structures on the site and is not responsible for
the condition of the existing structures.
TERMS AND CONDITIONS
The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas 78711‐2337 or 333 Guadalupe, Suite 2‐350, Austin,
Texas 78701‐3942, (512) 305‐9000, has jurisdiction over complaints regarding the professional practices of persons registered as
Architects, Interior Designers and Landscape Architects in Texas.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Denton Fire Station No. 09
Parkhill Page 4 of 4
If this proposal is not executed within 30 days from the issue date, A/E reserves the right to review Compensation, Payment
Schedule and Staffing Commitments.
Sincerely,
Parkhill
By_________________
Scott Nelson, AIA
EXHIBITS:
Exhibit A – Scope of Services
Exhibit B – Fee Proposal
Exhibit C – Hourly Rate Schedule
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 1 of 8
EXHIBIT A – Scope of Services
REVISED December 3, 2021
PROJECT DELIVERY SYSTEM
A/E’s services, compensation and time schedule for performance of services are based on the use of the Construction Manager
at Risk (CMAR) with one prime construction contract project delivery system and are subject to adjustment if another delivery
system is utilized.
DESIGN SERVICES
A/E proposes to provide professional architecture and engineering services for the project scope as stated in the proposal, and as
normally and reasonably required on projects of similar size and scope. In the event of a conflict between any Exhibit and the City’s
Professional Service Agreement, the Agreement shall rule.
I – PRE-DESIGN SERVICES
Prior to commencement of the work, the A/E assumes the Client has furnished the following information as to their design
requirements, operational standards and guidelines, preliminary program, project schedule, total budget broken down for all areas,
and all such information which shall be pertinent to the creation and carrying out of the project’s design intent. A/E will review the
program furnished by the Client to ascertain the requirements of the Project and will arrive at mutual understanding of such
requirements with the Client. The A/E will develop concept design documents consisting of diagrams, drawings and other
documents illustrating the scale and relationship of the project components. Based on the mutually agreed upon program, schedule
and construction budget requirements, A/E will proceed to Schematic Design Phase Services.
Deliverables
Square Foot Building Program
Space Flow/ Relationship Adjacency Diagrams for up to three (3) concept design options
Meetings
Design Team Meetings (3)
Additional Services
Master Plan of future building(s) & site amenities
II – SCHEMATIC DESIGN PHASE SERVICES
The Schematic Design Documents will include the design for the total build out of the Project based on the Conceptual Design
Package. The A/E’s architectural plans will be prepared using Autodesk Revit (BIM Software). The A/E will develop the one (1)
approved concept design option into a refined document and provide supporting documents illustrating the architectural style of
the façade and floor plan to allow City Council to approve one (1) option to move into Design Development.
Deliverables
50% Schematic Design Review
100% Schematic Design Presentation Site Plan, Floor Plans and Exterior Elevations.
Narrative of Mechanical, Electrical & Plumbing (MEP) Systems.
Narrative of Structural Systems.
Meetings
Design Team Meetings (3)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Presentation Renderings
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 2 of 8
Presentation Animation
Detailed Cost Estimating
III – DESIGN DEVELOPMENT PHASE SERVICES
A/E will provide Design Development documents based on approved Schematic Design documents and updated Project budget.
The documents will illustrate and describe refinement of the design of the Project establishing the scope, relationships, forms, size,
and appearance of the Project by means of plans, elevations, and sections, typical construction details, and equipment layouts.
The documents will identify major systems and materials and in general their quality levels.
A/E will prepare two (2) color schemes for the Client’s selection. The schemes will identify basic floor, wall and ceiling colors,
finishes and textures; it will not be a detailed selection of all materials. After a selection of the schematic scheme by the Client, A/E
will proceed to develop an in-depth color, finish and texture submittal for the Client’s approval. A maximum of two (2) meetings for
development of the final scheme is included in this Agreement. After approval of the color scheme, a digital presentation board will
be prepared in PDF format for use by the Client.
Deliverables
Drawings:
Floor Plans, Elevations, Building Sections, Wall Sections
Reflected Ceiling Plans, Finish Plan, Interior Elevations of key components
Specifications:
Table of Contents
Outline narrative of key building components and products.
Schedules:
Typical Room Finish Schedule.
One (1) Physical Sample Presentation Board of the approved color scheme.
Meetings
Design Team Meetings (2)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Additional Color Scheme’s beyond those listed above.
Additional Physical Sample Presentation Board beyond those listed above.
IV – CONSTRUCTION DOCUMENTS PHASE SERVICES
A/E will provide Construction Documents based on approved Design Development documents and updated Project budget. The
documents will be based on the use of AIA A201‐2017 General Conditions and will include detailed requirements for construction
and include drawings and specifications that establish in detail the quality level of systems and materials. A/E will assist the Client
in the preparation of supplementary conditions for AIA A201‐2017 General Conditions and other standard AIA contract forms.
Deliverables
Drawings and Specifications setting forth the requirements for the construction of the Project.
Construction Phasing
Construction documents will be produced in one package.
Entitlements and Permitting
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 3 of 8
Documents will be produced per Authority Having Jurisdiction requirements to procure the proper entitlements and
permits for the project and will be produced in two (2) packages (site plan and building package).
Meetings
Design Team Meetings (2)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Preparation of Construction Documents for more than two (2) Alternates.
Preparation of Construction Documents for more than two (2) bid packages.
V – BIDDING OR NEGOTIATION & PERMITTING PHASE SERVICES
A/E will assist the Client and the CMAR in the preparation of necessary bidding information, bidding forms, the Conditions of the
Contract, and the form of Agreement between the Client and the Contractor. A/E will inform the Client, to the best of their
knowledge, and will assist the Client in connection with the Client’s responsibility for filing documents required for approval of
governmental authorities having jurisdiction over the Project.
Services limited to:
Hold one (1) Pre‐Bid Conference on site.
Respond to Bidder’s Request for Clarifications.
Meetings
Design Team Meetings (1)
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Attend multiple Pre‐Bid Conferences on site or at the Client’s office.
VI – CONSTRUCTION PHASE SERVICES
A/E will be the representative of and will advise and consult with the Client during construction until ninety (90) days after the Date
of Substantial Completion. A/E will have authority to act on behalf of the Client only to the extent provided in this Agreement unless
otherwise modified by written instrument. A/E will visit the site at intervals appropriate to the stage of construction or as otherwise
agreed by the Client and A/E in writing to become familiar with the progress and quality of the Work completed and to determine
in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the
Contract Documents. However, A/E will not be required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. On the basis of on-site observation as a design professional, A/E will keep the Client informed of the overall
progress and quality of the Work. Based on the A/E’s observations and evaluations of the Contractor’s Applications for Payment,
A/E will review and certify the amounts due the Contractor.
A/E shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means,
methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs
in connection with the Work. These rights and responsibilities are solely those of the Contractor. The Client agrees that the
Contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client’s
contract with the Contractor.
If, due to an error or an omission by A/E, any required item or component of the project is omitted from the Construction Documents,
A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would
have been otherwise necessary to the project or otherwise add value or betterment to the project.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 4 of 8
Services limited to:
Two (2) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor
Visits to the site by A/E over the duration of the Project during construction shall be limited to the number of
months of construction time established by the Contractor during the bidding/proposal phase times two (2).
Two (2) site observations for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
Two (2) site observations for any portion of the Work to determine final completion.
Construction Period
Base Proposal is predicated on Nine (9) month construction period to Substantial Completion.
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Attend multiple Pre‐Bid Conferences on site or at the Client’s office.
Supplement CA services will allow for weekly CA site observations.
SPECIALTY SCOPE OF SERVICES
1. SURVEY
Boundary Survey for approximately 1.09 acres will describe physical characteristics, legal limitations and utility
locations for the site of the Project, and a written legal description of the site.
Topographical Survey will document the property’s contours at one-foot intervals and observed utilities.
Deliverables will include preparing existing conditions drawing with contours and significant spot grades.
Tree Survey to include tagging 6” specimen trees and larger would be considered an Additional Service.
2. CIVIL ENGINEERING SERVICES (On-Site)
A/E to provide on-site development services including utilities (water, sewer), parking lots, sidewalks, drainage and
vehicle circulation. Special conditions to include:
Relocate existing gate.
Relocate existing appurtenance (vault?) within south concrete approach to Fire Station
Coordinate possible electrical x-former and rack near south concrete approach to Fire Station
Sewer service will connect to the east, approximately 400 feet. Provide plan/profile and appurtenances.
Drainage to comply with the Denton Development Code and Stormwater Design Criteria
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
On-site Drainage detention required to mitigate 100 yr rain event for this development
Analysis of any existing drainage issues beyond the project site.
Off-site drainage design, detention design easement acquisition or grade-to drain permission.
Construction staking.
Changes in the site plan, scope of work, or other items, which result in redesign of the civil drawings.
Preliminary Plating
Downstream Drainage Assessment
Traffic Impact Analysis
TXDOT Permits
Flood Studies/Wetland Studies
Environmental Services
Applications or presentation to the Board of Adjustments for Variances.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 5 of 8
Zoning Change Request
Retaining wall design.
Re-design, re-study and/or revisions to recommended directives, conceptual or final studies, drawings,
specifications or other documents after same have been previously approved by the owner in order to
accomplish changes requested by the Owner.
Lift Station Design
3. CIVIL ENGINEERING SERVICES (Off-Site)
A/E to provide engineering services to remove and relocate existing 6” water line for an assumed length of 400 linear
feet to meet city of Denton requirements. Any other public infrastructure required to be designed will be considered
additional services and negotiated with the client prior to proceeding.
4. LANDSCAPE ARCHITECTURE SERVICES
A/E to provide planting and irrigation design services.
5. SITE ENTITLEMENT SERVICES
Services include assisting with the process of Entitlements in obtaining discretionary approvals for the right to develop
and/or construct on a property for its desired use(s).
A/E services during Entitlements shall include preparation and/or submittal of the following:
Final Engineered Site Design
Refined Definition of Project Scope of Work
Engineered Site Plan
Preliminary and Final Plat
Architectural Elevations / Renderings
One (1) Planning and Zoning Hearing(s) and Preliminary Site Plan Approval
One (1) City Council Hearing(s) and Final Site Plan Approval
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Variance Requests
Special Use Permits
Driveway Access Permits
Public Hearing(s)
6. AUDIO/VIDEO/ACOUSTIC DESIGN
Audio/Video infrastructure and active equipment design for the presentation and teaching spaces, to include:
Audio/Video design to include infrastructure to support AV spaces and any ADA required audio systems.
Evaluation of relevant AV active equipment to determine the infrastructure needs of the presentation spaces,
specifications and drawings associated with the AV infrastructure system.
Develop AV room layouts and assist with power requirements, screen locations, conduit, floor boxes, speaker
locations, and lectern location.
Architectural Acoustical consultation and analysis to address sound propagation, speech intelligibility, speech and music
enhancement, and noise mitigation within the new / renovated space. This may include consultation on partition and
glazing type, space planning, room shaping, finish selections, and construction methods. Establish the appropriate
acoustical design criteria, such as Reverberation Time (RT), Noise Criteria (NC) and Sound Transmission Class (STC).
7. IT/DATA/SECURITY DESIGN
Information Transport Systems infrastructure design services shall include:
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 6 of 8
Technology infrastructure design to support voice and data.
Main MDF / Server Room layout, design and power/cooling coordination.
Telecom Rooms design, layout and connectivity.
Infrastructure design to support wireless access connectivity in specific building areas.
Electronic Security systems design shall include:
Access Control
Intrusion Detection
Electronic Surveillance
Emergency Notification and Duress
8. FOOD SERVICE DESIGN
Food Service design shall include preliminary design of residential kitchen equipment.
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Consultation and review for full-service design of commercial kitchen including equipment plan with schedule,
food service utility rough-ins, elevations, sections and details will be prepared.
Utensils, tabletop supplies and equipment otherwise known as Small wares.
Point of Sale and IT systems
9. FF&E DESIGN
Services include assisting in selections relating to movable furniture, furnishings and equipment. These tasks shall
include:
Evaluate client FF&E needs, including inventory of existing furniture to be repurposed.
Develop FF&E budgets.
Evaluate and select products.
Prepare cost estimates and specifications.
Solicit bids or negotiate pricing.
Review and track orders.
Plan and oversee installation.
Prepare punch list.
10. GEOTECHNICAL ENGINEERING
The objective of this geotechnical investigation will be to obtain subsurface data and to develop foundation and
earthwork recommendations for the design of the proposed building and associated pavements.
Field Services to include a total of six (6) borings will be advanced across the site. Four (4) borings will be
drilled within the footprints of the proposed fire station facility and generator pad areas to depths of about 40
feet, or 15 feet into competent bedrock, whichever occurs first. Two (2) borings will be advanced within the
proposed parking areas to depths of about 10 feet.
Laboratory Services to include selected laboratory testing of the samples will be performed to evaluate soil
index properties, strength, volume change potential, and chemical characteristics of the subsurface materials
to provide data for analysis.
Engineering Analysis & Report
Additional Services
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
Additional Borings
Construction Material Testing
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 7 of 8
OPTIONAL ADDITIONAL SCOPE OF SERVICES
Not included in Base Proposal, A/E will provide the following as Additional Services when authorized by Client:
1. ENVELOPE CONSULTANT
Services to include building envelope design recommendations and analysis of proposed assemblies. These tasks my
include:
Recommendations for general conformance with material manufacturers’ requirements and industry standards
Review of project design for general conformance to the project team’s design and materials selection
decisions.
Review of envelope construction specifications for conformance with industry practice, coordination with
project detail drawings, and manufacture’s understood requirements.
2. ACCESSIBILITY CONSULTANT
Services include design review and recommendations to comply with the requirements of the Americans with
Disabilities Act (ADA) and the Texas Accessibility Standards (TAS) for projects in the State of Texas. These tasks
include:
Preliminary Plan review at 100% SD
Preliminary Plan review at 100% DD
TDLR review at 100% CD
TDLR Registration
TDLR inspection at substantial completion
3. COMMISSIONING (MEP)
Services include basic commissioning requirements per 2018 IECC, Section C408, of mechanical, service water heating,
and lighting control systems.
4. SWPPP
Services include the development and documentation of the Stormwater Pollution Prevention Plan excluding inspections
during construction.
5. Artwork Selection
Services include coordination/selection of printing, framing and installation of art pieces.
QUALIFICATIONS
The Client shall designate a representative authorized to act in the Client’s behalf who shall make decisions with respect to the
Project. The Client, or such authorized representative, shall examine the design documents submitted by A/E and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the process of A/E’s design services.
Client warrants that in transmitting existing documents prepared by other designers or design professionals, or any other
information, Client is the copyright Client of such information or has permission from the copyright Client to transmit such
information for its use on the Project.
OPINIONS OF PROBABLE CONSTRUCTION COST
In providing estimates or opinions of probable construction cost, the Client understands that the A/E has no control over the cost
or availability of labor, equipment or materials, or over market conditions or the CMAR’s method of pricing, and that the A/E’s
estimates or opinions of probable construction costs are made on the basis of the A/E’s professional judgment and experience.
The A/E makes no warranty, express or implied, that the bids or the negotiated construction cost will not vary from the A/E’s
estimates or opinions of probable construction cost.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT A
Parkhill Page 8 of 8
ACCESSIBILITY
The Client acknowledges that the requirements of the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS)
for projects in the State of Texas, and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations
will be subject to various and possibly contradictory interpretations. The Client further acknowledges that the ADA is a Civil Rights
law and not a building code and does not have prescriptive language. A/E, therefore, will use its reasonable professional efforts
and judgements, in working alongside the Accessibility Consultant’s direction & recommendations, to interpret applicable
accessibility requirements in effect as of the date of the execution of this Agreement, and as they apply to the Project. A/E, however,
cannot and does not warrant or guarantee that the Client’s Project will comply with all interpretations of the accessibility
requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply
to the Project.
All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) – Elimination
of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. A/E will include in the design of the
Project all changes that are the result of the TDLR plan review. After construction of the project TDLR requires an inspection of
the project for compliance confirmation. However, A/E cannot and does not warrant or guarantee that different rules and or
interpretation may be applied to the Client’s Project at the time of the final TDLR inspection. Compliance with changes required by
the TDLR final inspection that were not mentioned in the TDLR plan may be required.
HAZARDOUS MATERIALS
As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or
hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in
applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial
danger to persons or property exposed to such substances at or near the project site.
All parties acknowledge that the A/E’s scope of services does not include any services related to the presence of any hazardous
or toxic materials. In the event A/E or any other person or entity involved in the project encounters any hazardous or toxic materials,
or should it become known to A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect
the performance of A/E’s services, A/E may, at its sole option and without liability for consequential or any other damages, suspend
performance of its services under this Agreement until the Client retains appropriate qualified consultants and/or CMARs to identify
and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws
and regulations.
SERVICES BY CLIENT
Client will provide access to work site, obtain applicable permits, provide appropriate legal services in connection with the project,
and provide environmental impact reports and energy assessments unless specifically included in the Scope of Work. Client shall
pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all
other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this Agreement.
Services specifically excluded from our scope of services include, but are not limited to, the following:
Asbestos and Hazardous Materials Studies
Third-party Independent Construction Inspection Services
Construction Material Testing
Texas Department of Health Demolition Notification
Commissioning and Special Inspections
Traffic Impact Analysis
Furniture, Fixture, Equipment Procurement
END OF SCOPE OF SERVICES
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT B
Parkhill Page 1 of 1
EXHIBIT B – Fee Proposal
REVISED December 3, 2021
Description Architectural Structural Mechanical
& Electrical Survey Civil Eng.
(On-Site)
Civil Eng.
(Off-Site)
Landscape
Design
Interior
Design
(Fixed)
Interior
Design
(FF&E)
IT,
Teledata,
Telecomm
& AV
Security Cost
Estimating
Sustainable
Design
Geotechnical
Engineering
Storm Shlt.
Peer Review Total Comments
Design and Engineering Fees
Masterplanning & Programming 24,400.00$ 12,500.00$2,000.00$ 600.00$ 1,000.00$ 4,940.00$ 9,800.00$ 55,240.00$
Schematic Design 73,200.00$ 8,600.00$ 15,100.00$ 5,900.00$ 1,800.00$ 2,800.00$ 4,400.00$ 1,800.00$ 1,600.00$ 960.00$ 6,920.00$ 4,000.00$ 127,080.00$
Design Development 146,300.00$ 12,800.00$ 22,600.00$ 11,700.00$ 3,500.00$ 5,600.00$ 6,500.00$ 3,500.00$ 2,560.00$ 1,280.00$ 7,260.00$ 4,000.00$ 227,600.00$
Construction Documents 121,900.00$ 10,700.00$ 18,800.00$ 9,800.00$ 2,900.00$ 4,700.00$ 5,400.00$ 5,100.00$ 4,480.00$ 1,920.00$ 4,725.00$ 8,000.00$ 8,000.00$ 206,425.00$
Bidding & Negotiation 24,400.00$ 2,200.00$ 3,800.00$ 2,000.00$ 600.00$ 1,000.00$ 1,100.00$ 800.00$ 320.00$ 320.00$ 36,540.00$
Contract Administration 97,500.00$ 8,600.00$ 15,100.00$ 7,800.00$ 2,300.00$ 3,800.00$ 4,300.00$ 3,200.00$ 2,560.00$ 1,280.00$ 16,000.00$ 162,440.00$
Subtotal Design Fees 487,700.00$ 42,900.00$ 75,400.00$ 12,500.00$39,200.00$ 11,700.00$ 18,900.00$ 21,700.00$ 14,400.00$ 11,520.00$ 5,760.00$ 23,845.00$32,000.00$ 9,800.00$ 8,000.00$ 815,325.00$
Reimbursable Expenses
-$
Reproduction & Printing Costs -$
Shipping/Overnight Services & Postage -$
Mileage, Airfare, Lodging, Meals, & Travel Costs -$
Reimbursable Contingency 18,700.00$ 18,700.00$
Subtotal Reimbursable Expenses 18,700.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18,700.00$
Alternates
(Value Added Services at the Owner's Option)-$
Alternate #01 - Energy Modelling 19,000.00$ 19,000.00$
Alternate #02 - LEED Certification (Lowest Level)22,000.00$ 22,000.00$
Alternate #03 - FF&E Procurement Management -$
Alternate #04 - Electronic As-Builts from GC's Redlines $ 3,500.00 $ 400.00 $ 600.00 $ - $ 300.00 $ 100.00 $ 200.00 $ 200.00 $ 320.00 $ 320.00 5,940.00$
Alternate #05 - Site Entitlement Services $ 15,600.00 $ 4,000.00 $ 9,600.00 29,200.00$
Alternate #06 - Preliminary & Final Plat (74 ac) $ 7,500.00 $ 4,000.00 11,500.00$
Alternate #06 - Owners Allowance for Off-Site
Engineering & Other Changes $ 90,000.00 90,000.00$
Subtotal Alternates 19,100.00$ 400.00$ 600.00$ 7,500.00$ 8,300.00$ 90,100.00$ 9,800.00$ 200.00$ -$ 320.00$ 320.00$ -$ 41,000.00$ -$ -$ 177,640.00$
-$
Total of Fees, Reimbursable & Alternates 525,500.00$ 43,300.00$ 76,000.00$ 20,000.00$47,500.00$ 101,800.00$ 28,700.00$ 21,900.00$ 14,400.00$ 11,840.00$ 6,080.00$ 23,845.00$73,000.00$ 9,800.00$ 8,000.00$ 1,011,665.00$
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
EXHIBIT C
Parkhill Page 1 of 1
EXHIBIT C – Hourly Rate Schedule
REVISED December 3, 2021
Foregoing Schedule of Changes is incorporated into the Agreement for Services provided, effective January 1, 2022 through December 31, 2022.
After December 31, 2022, invoices will reflect the Schedule of Changes currently in effect.
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
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
Parkhill, Smith & Cooper, Inc.
N/A
X
October 12, 2021
EXHIBIT D
DocuSign Envelope ID: EE742462-66DD-4788-9CF3-73238CB4FBFD
Certificate Of Completion
Envelope Id: EE74246266DD47889CF373238CB4FBFD Status: Completed
Subject: Please DocuSign: City Council Contract 7818-002 Design of FS 9
Source Envelope:
Document Pages: 33 Signatures: 5 Envelope Originator:
Certificate Pages: 7 Initials: 1 Christa Christian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/16/2021 10:56:00 AM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christa Christian
christa.christian@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/16/2021 11:20:40 AM
Viewed: 12/16/2021 11:21:21 AM
Signed: 12/16/2021 11:23:42 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/16/2021 11:23:45 AM
Viewed: 12/16/2021 3:41:55 PM
Signed: 12/16/2021 3:42:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 12/16/2021 3:42:59 PM
Viewed: 12/17/2021 9:02:22 AM
Signed: 12/17/2021 9:10:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Nelson
snelson@parkhill.com
Principal
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 12.70.161.203
Sent: 12/17/2021 9:10:16 AM
Viewed: 12/19/2021 5:00:41 PM
Signed: 12/21/2021 11:26:21 AM
Electronic Record and Signature Disclosure:
Accepted: 12/19/2021 5:00:41 PM
ID: 6497eac7-8e93-46aa-93ed-ab8ccd36a77f
Signer Events Signature Timestamp
Scott Gray
scott.gray@cityofdenton.com
Director - Airport & Facilities
x
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.38.255.16
Signed using mobile
Sent: 12/21/2021 11:26:24 AM
Viewed: 12/21/2021 11:27:19 AM
Signed: 12/21/2021 11:28:13 AM
Electronic Record and Signature Disclosure:
Accepted: 12/21/2021 11:27:19 AM
ID: 8bf5a8e7-6e09-4321-8f05-7791d5f03996
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: 12/21/2021 11:28:16 AM
Viewed: 1/12/2022 8:16:16 AM
Signed: 1/12/2022 8:16:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 1/12/2022 8:16:39 AM
Viewed: 1/12/2022 8:19:12 AM
Signed: 1/12/2022 8:19:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 1/12/2022 8:19:20 AM
Viewed: 1/12/2022 9:48:35 AM
Signed: 1/12/2022 9:49:33 AM
Electronic Record and Signature Disclosure:
Accepted: 1/12/2022 9:48:35 AM
ID: e6a233cd-d1d9-4ca4-8121-4952d5c65def
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: 12/16/2021 11:23:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Chris Squadra
csquadra@peakprogramvalue.com
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 3:42:59 PM
Electronic Record and Signature Disclosure:
Accepted: 12/22/2021 2:29:57 PM
ID: c36fa98a-f839-48e6-b5f3-701ffea4343d
David Boots
David.Boots@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 3:43:00 PM
Viewed: 12/17/2021 8:01:31 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gaila Barnett
gbarnett@peakprogramvalue.com
Security Level: Email, Account Authentication
(None)
Sent: 12/16/2021 3:43:00 PM
Viewed: 12/20/2021 9:32:24 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kenneth Hedges
Kenneth.Hedges@cityofdenton.com
Fire Chief
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 11:26:25 AM
Viewed: 12/21/2021 11:27:38 AM
Electronic Record and Signature Disclosure:
Accepted: 1/5/2022 8:14:41 AM
ID: 92e3cf88-0f4d-4ce5-b731-cad183aa5bcd
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 12/21/2021 11:28:16 AM
Viewed: 12/27/2021 3:36:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 1/12/2022 9:49:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marissa Barrett
marissa.barrett@cityofdenton.com
Management Analyst
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 1/12/2022 9:49:37 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/16/2021 11:20:40 AM
Certified Delivered Security Checked 1/12/2022 9:48:35 AM
Signing Complete Security Checked 1/12/2022 9:49:33 AM
Completed Security Checked 1/12/2022 9:49:37 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: Scott Nelson, Scott Gray, Rosa Rios, Chris Squadra, Kenneth Hedges
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.