7599-009 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
7599-009
Cori Power
Avondale Streambank
Not Applicable
PSA
OCTOBER 18, 2022
N/A
22-1931
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Pacheco Koch Consulting Engineers, LLC, with its corporate office at 7577 Rambler Rd., Suite 1400, Dallas, TX 75231 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Avondale Park Channel
Stabilization Project (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering 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 ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $309,559 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 A.
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. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit C.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment (1) The Engineer 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 C to reasonably substantiate the invoices. (2) The ENGINEER 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 ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER 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 ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER 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 engineering work to be performed hereunder. The ENGINEER 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 ENGINEER.
D. Preparation of Engineering Drawings The ENGINEER 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 ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER 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 ENGINEER 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
Exhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
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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 ENGINEER be construed as requiring ENGINEER 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 ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER'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 ENGINEER 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
ENGINEER 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,
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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
ENGINEER 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) ENGINEER 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 ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER 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 ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER 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) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed.
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J. INSURANCE (1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER 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.
ii. ENGINEER 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 ENGINEER 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 engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER 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 ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers 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.
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i. ENGINEER 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
ENGINEER pursuant to this AGREEMENT. d. Professional Liability – ENGINEER 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 ENGINEER 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 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. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A-: VII or otherwise accepted to the
client, in the current A.M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk
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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 ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER 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 ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.
K. Independent Consultant
The ENGINEER 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
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shall not apply.
L. Disclosure
The ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER 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 ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT.
O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Exhibit C to this AGREEMENT.
P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color,
genetic testing, or national origin, be refused the benefits of, or be otherwise
subjected to discrimination under any activities resulting from this
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AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’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 ENGINEER 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 ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER'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 ENGINEER's services or PROJECT construction.
D. Timely Review The CITY will examine the ENGINEER'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 C.
E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
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(1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER 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 ENGINEER 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 ENGINEER’s negligence or if ENGINEER 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 ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER 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 ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER 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 ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
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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 ENGINEER 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 ENGINEER 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 ENGINEER, 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 ENGINEER'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 ENGINEER 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 ENGINEER, 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 ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure The ENGINEER 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 ENGINEER that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
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(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER. b. by either the CITY or the ENGINEER 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 ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'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 ENGINEER'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 ENGINEER 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 ENGINEER 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
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
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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 ENGINEER’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
ENGINEER 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. ENGINEER 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 ENGINEER 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, ENGINEER shall provide CITY with
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copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER 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 ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (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
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” shall have the meanings ascribed to those terms in Section 809.001 of the
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 19
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Engineer submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 19
Engineer 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/filinginfo/1295/
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The 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.
R. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Engineer shall complete and submit the City’s Conflict of Interest Questionnaire.
S. Agreement Documents
This AGREEMENT, including its attachments 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 attachments and schedules are hereby made a part of this AGREEMENT: Exhibit A - Scope of Services
Exhibit B - Compensation
Exhibit C - Project Schedule
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City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 19
Exhibit D - Location Map 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.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
ENGINEER
BY: ______________________________
AUTHORIZED SIGNATURE
Printed Name: Randall P. Pogue, P.E._______
Title: Vice President, Land Division__________
_214-473-4640_________________________
PHONE NUMBER
_randy.pogue@westwoodps.com________________________________
EMAIL ADDRESS
__2022-921244_______________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
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10/18/2022
City ManagerSara Hensley
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
Director of Capital Projects/City Engineer
Capital Projects/Engineering
Rebecca Diviney
EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 1
EXHIBIT ‘A’ – SCOPE OF SERVICES
AVONDALE PARK
CHANNEL STABILIZATION PROJECT
PROJECT DESCRIPTION: The Avondale Park Channel Stabilization project consists of performing hydraulic and erosion analyses, and channel stabilization and erosion protection capital improvement design for Avondale Park from Nottingham Drive upstream approximately 2,000 linear feet to E. Windsor Drive (PROJECT). The existing Avondale Park Cooper Creek channel is widening and the channel banks are experiencing severe cliff erosion and some localized global slope failures. There is also an existing sanitary sewer line and trail that is being threatened by the channel erosion. Natural channel bank stabilization alternatives will be formulated, analyzed and designed. Anticipated project study tasks include limited hydrologic, hydraulic and erosion analyses to determine the factors contributing to erosion and parameters for design improvements. Design tasks will include topographic field
survey, geotechnical analysis, environmental permitting assistance, structural analysis, preparation of construction documents, development of opinions of probable construction cost and bid and construction phase services. Exhibit D is a Project Location Map which
shows the project location limits.
BASIC SERVICES:
A. Project Management, Coordination & Data Collection 1. Manage the Team:
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Allocate team resources 2. Communications and Reporting:
• Attend a pre-design project kickoff meeting with OWNER staff to confirm and clarify scope, understand OWNER objectives, and ensure economical and functional designs that meet OWNER
requirements.
• Conduct review meetings with the OWNER at the end of each study/design phase.
• Prepare and submit monthly invoices in the format acceptable to the OWNER.
• Prepare and submit monthly progress reports.
• Prepare and submit baseline Project Schedule initially and Project Schedule updates.
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 2
• Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design.
• With respect to coordination with permitting authorities, CONSULTANT shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the
designs. CONSULTANT shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements.
3. Data Collection:
• Perform field visit to walk Avondale Park from Nottingham Drive upstream approximately 2,000 linear feet to E. Windsor Drive to observe and photograph existing conditions.
• CONSULTANT will hold project kickoff meeting with OWNER to confirm project scope, schedule and deliverables.
• OWNER to provide available plat, easement, aerial photography, existing drainage plan studies, existing utility as built plans,
proposed park improvements, available GIS information, and hydrologic and hydraulic models for Avondale Park and Cooper Creek.
• CONSULTANT will assist the City to obtain the effective Avondale Park and Cooper Creek hydrologic and hydraulic models from
FEMA.
• In addition to data obtained from the OWNER, CONSULTANT will research proposed improvements in conjunction with any other planned future improvements known by the OWNER that may influence the project.
• The CONSULTANT will identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and USCOE), OWNER Master Plans, and property ownership as available from the Tax Assessor's office.
4. Utility Coordination:
• The CONSULTANT will consult with the OWNER, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the
project. CONSULTANT will design OWNER facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs.
• CONSULTANT will facilitate a utility coordination meeting with the City and major franchise utilities in the field to determine potential
utility constraints, relocation options and costs for capital improvement design.
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 3
B. Hydrologic, Hydraulic and Erosion Analyses: 1. Existing Conditions Analysis
• Hydrologic, hydraulic and erosion analyses of the existing Avondale Park will be conducted from Nottingham Drive upstream approximately
2,000 linear feet to E. Windsor Drive in accordance with requirements outlined in the City of Denton’s Stormwater Design Criteria and the iSWM Technical Manual standards.
• The effective Avondale Park and Cooper Creek hydrologic models will requested from FEMA and will be used as a baseline model for
analysis, if available. Design discharges for Avondale Park from the effective FEMA baseline model or available studies for key design locations will be utilized for design. Available hydrologic models may
be updated based on recent or anticipated development. No new creation of hydrologic models are anticipated for this study.
• The effective Cooper Creek hydraulic models will be requested from FEMA and will be used as baseline models for analysis. Additional cross sections will be added as needed to the hydraulic model based
on field survey performed for the PROJECT (described in Section G.) or available LiDAR point cloud data.
• The hydrologic and hydraulic analyses will be used to determine design discharges and hydraulic parameters for channel capital improvement designs.
• An erosion assessment of Avondale Park from Nottingham Drive upstream approximately 2,000 linear feet to E. Windsor Drive will be
conducted through field observation of drainage patterns and soil conditions. Observation of severely eroded channel banks, global slope failures and other factors contributing to erosion will be determined. The updated hydraulic model will be used to aid in determining maximum allowable shear stress and channel velocity for stream and bank stabilization alternative improvements.
• CONSULTANT will perform QA/QC of existing conditions analyses.
C. Feasibility Design Package:
• The CONSULTANT will analyze up to three (3) erosion protection
alternatives through Avondale Park and determine strategic locations for channel stabilization and erosion protection measures. The CONSULTANT will determine limits of proposed channel bank, utility
and drainage outfall improvements.
• A downstream assessment of the proposed alternatives will be
performed to the point where the impact is negligible on the water surface elevation of Cooper Creek.
• Cooper Creek is a detailed FEMA Zone AE studied stream with established base flood elevations. A preliminary floodplain analysis will be performed to determine the effects of proposed capital
improvements on the effective FEMA floodplain and adjacent properties. No FEMA request for Letter of Map Revision (LOMR) is anticipated for this PROJECT.
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 4
• The CONSULTANT will prepare a technical memorandum summarizing key design elements of proposed alternative capital improvements, considered and the recommended design concepts. The technical memorandum will include exhibits and conceptual
opinions of probable construction cost.
• The CONSULTANT will perform QA/QC of technical memorandum.
• The CONSULTANT will hold a project summary meeting with the City to present recommendations and obtain the OWNER’s endorsement of the selected concept before proceeding with Capital Improvement Design.
D. Preliminary Design Plans - At such time as CONSULTANT is directed by OWNER, CONSULTANT shall prepare preliminary design plans, including a detailed demolition and protection plan sheets, detailed plan and profile sheets
for proposed channel improvements, quantity sheets, and construction details. Preliminary plans will be of sufficient detail for submission for franchise utility review. The requirements for preliminary plans will be in accordance with the
City of Denton Design Criteria Standards. An updated preliminary opinion of probable construction cost for proposed capital improvements will be submitted. The CONSULTANT will perform QA/QC of preliminary plans. A preliminary plans review meeting and project walkthrough with the OWNER will be conducted. Preliminary plans must be approved by OWNER prior to CONSULTANT commencing with the preparation of final design plans. E. Final Design Plans and Specifications - Upon acceptance of preliminary plans by the City, the Engineer shall prepare final design plans and specifications. Final plans shall be consistent with previous sections and shall include: Right-of-way plans and documents, final construction plans, erosion control, traffic control and project phasing sheets, bid proposal and special specifications as required. An updated final opinion of probable construction cost for proposed capital improvements will be submitted. The CONSULTANT will perform
QA/QC and constructability review of final plans. F. Public Meeting Assistance - The CONSULTANT shall assist the OWNER with
three (3) public, City staff and City Council meetings. The CONSULTANT will prepare exhibits, attend, help facilitate meetings and answer questions.
G. Field Survey - CONSULTANT will perform an on the ground survey of the property under the direct supervision of a Registered Professional Land Surveyor.
• Included in this item: Establish survey control, location of permanent
improvements on, and immediately adjacent to, the site, spot elevations on a 50-foot grid, contours on one foot intervals. Elevations for paving on, and immediately adjacent to, the site, locations, common name and trunk
diameter of trees over 6-inches in caliper or the outline of heavily wooded areas, location of visible utilities and appurtenances, location and sizes of
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 5
underground utilities based on available record information. All trees, fences and structures within 50’ of top of bank. Survey limits will be
between fence lines for residential properties. We do not anticipate having to enter private property. We may send out property owner notification letters to notify them we will have surveyors in the vicinity.
• 50’ cross sections
• Detailed topo of drainage structure, erosion area, pedestrian bridge
• H&H survey of Nottingham Bridge, plus one additional downstream cross-section.
• Not included in this item: Survey of adjacent structure finish floor elevations. Species names of trees, trees less than 6-inches in diameter, tree locations and identification in heavily wooded areas, boundary surveying, research or review of easements that may affect the subject tract, subsurface utility engineering services, location of irrigation control valves.
H. Geotechnical Analysis: 1. Through a qualified subcontractor, CONSULTANT shall:
• Perform soil investigations for five (5) sample soil borings to depths of approximately 25 feet below existing grade and 5 feet into existing limestone layer, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be made.
• Provide recommendations regarding earthwork and construction considerations for proposed capital drainage improvements based on geotechnical analyses.
I. Structural Analysis: 1. CONSULTANT shall:
• Evaluate failing storm drain system outfalls and provide recommended improvements.
• Perform structural analysis required for proposed alternative channel bank improvements.
J. Environmental Permitting Assistance: 1. CONSULTANT shall:
• Environmental permitting tasks will be performed with the intent of meeting regulatory agency requirements while minimizing permitting and
mitigation costs.
• Perform cultural resources pedestrian survey, reporting and coordination with the Texas Historical Commission (THC) for project site and adjacent Heritage Park site.
• Perform jurisdictional Waters of the United States delineation.
• Prepare US Army Corps of Engineers (USACE) Section 404 Nationwide Permit application for (NWP) 13-Bank Stabilization or NWP 42-Recreational Facilities, with preconstruction notification, if necessary, for proposed improvements.
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 6
• Coordinate with USACE for NWP verification, if necessary.
• Prepare Environmentally Sensitive Area Assessment (ESA) and documentation of compliance with the federal Endangered Species Act. Review available information regarding ESAs from the City of Denton’s Interactive GIS map. Review the potential for federally threatened and endangered (T&E) species by reviewing the Texas Natural Diversity
Database natural heritage data and a project review request by the U.S. Fish and Wildlife Service. Based on the information obtained from these sources and review of online data related to T&E species and critical
habitat, Westwood will conduct a reconnaissance-level site visit to document and evaluate the natural vegetation communities and landscape features such as drainages and washes, water impoundments and wetland
areas, and hillsides for their potential to support federal threatened or endangered species. All wildlife species observed during the site reconnaissance will be recorded and photographs will be taken of the
representative habitats and landscape features within the Project Area.
• Prepare a brief memo-style report with exhibits summarizing our findings.
The memo report will document ESAs in or around the Project, as well as the potential for presence of T&E species. K. Bid Phase Assistance - The CONSULTANT shall assist the OWNER during this phase including preparation and delivery of any substantial additional addendum plan changes. The CONSULTANT shall attend the scheduled pre-bid conference. The CONSULTANT shall assist in reviewing the bids for completeness and accuracy. The CONSULTANT shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. Assist City with contractor selection and reference verification. L. Construction Phase Assistance - The CONSULTANT shall attend the pre-
construction conference for the project. The CONSULTANT shall also consult with and advise the CITY on design and/or construction changes, if necessary. The CONSULTANT will make monthly site visits to observe construction
activities. The CONSULTANT will not provide resident representation on the construction site. The CONSULTANT will prepare as-built drawings of constructed channel stabilization improvements.
M. Submittal Requirements / Direct Expenses - CONSULTANT shall submit an electronic copy of the drawings in a format acceptable to the OWNER. There will be no printed submittals. Included in this item are usual and customary expenses normally incurred during performance of the services described. These expenses could include courier delivery charges and mileage.
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EXHIBIT A to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC, (CONSULTANT) for Consulting Services
8/4/2022 Page 7
Services not included in this contract:
▪ Construction inspection services
▪ Public hearings or City Council/Commission meetings
▪ Request for Letter of Map Revision (LOMR) or FEMA correspondence
▪ Required application and permitting fees (LOMR) or special insurance premiums
are not included
▪ Phase II Environmental Site Assessments
▪ Storm Water Pollution Prevention Plans (SWPPP)
END OF EXHIBIT ‘A’
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
EXHIBIT B to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC (CONSULTANT) for Consulting Services
8/4/2022 Page 1
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
AVONDALE PARK
CHANNEL STABILIZATION PROJECT
COMPENSATION: For all professional services included in EXHIBIT ‘A’, Scope of Services, the CONSULTANT shall be compensated on a fixed fee lump sum basis of $309,559.00 as summarized below. The total lump sum fee is to be considered full compensation for the services described in EXHIBIT A, including all labor materials, supplies, and equipment necessary to deliver the services. A detailed estimate of projected man hour costs is included as EXHIBIT B-1 (Attached).
Basic & Special Services A. Project Management, Coordination & Data Collection $__ 30,420
B. Hydrologic, Hydraulic and Erosion Analysis $__ 37,430 C. Feasibility Design Package $ __32,715 D. Preliminary Design Plans $ __55,610
E. Final Design Plans $ __63,835 F. Public Meetings $ __ 8,060 G. Field Survey $__ 20,000
H. Geotechnical Investigation $ 13,400 I. Structural Analysis $ 4,400 J. Environmental Permitting $ 11,800 K. Bid Phase Assistance $ 7,870 L. Construction Phase Assistance $ 23,425 M. Direct Expense $___ 594
TOTAL $ _309,559
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 EXHIBIT ‘B’
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
EXHIBIT B-1
ESTIMATE OF PROJECTED MAN HOUR/COSTS AVONDALE PARK CHANNEL STABILIZATION
Capital Improvements Design City of Denton
Jul-22
1.BASIC SERVICES
A.Project Management, Coordination & Data Collection Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Project Management & Coordination -$ 32.0 7,520.00$ 16.0 3,200.00$ 8.0 1,040.00$ -$ -$ 40.0 8,560.00$
Data Collection -$ 8.0 1,880.00$ 8.0 1,600.00$ 40.0 5,200.00$ 8.0 880.00$ 2.0 150.00$ 56.0 8,110.00$
Site Visit -$ 8.0 1,880.00$ 8.0 1,600.00$ 8.0 1,040.00$ -$ -$ 16.0 2,920.00$
Project Meetings (4)4.0 1,040.00$ 16.0 3,760.00$ 16.0 3,200.00$ 16.0 2,080.00$ 8.0 880.00$ 2.0 150.00$ 44.0 7,910.00$
Utility Coordination -$ 8.0 1,880.00$ 8.0 1,600.00$ 8.0 1,040.00$ -$ -$ 16.0 2,920.00$
Subtotal 4.0 1040.0 72.0 16920.0 56.0 11200.0 80.0 10400.0 16.0 1760.0 4.0 300.0 172.0 30,420.00$
B.Hydrologic, Hydraulic and Erosion Analysis Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Existing Conditions Analysis
Review Exisitng Hydrologic and Hydraulic Models 1.0 260.00$ 8.0 1,880.00$ 8.0 1,600.00$ 16.0 2,080.00$ -$ -$ 25.0 4,220.00$
Revise/Update Hydrologic Model 1.0 260.00$ 12.0 2,820.00$ 12.0 2,400.00$ 16.0 2,080.00$ -$ -$ 29.0 5,160.00$
Calculate Design Discharges 1.0 260.00$ 12.0 2,820.00$ 12.0 2,400.00$ 16.0 2,080.00$ -$ -$ 29.0 5,160.00$
Create/Revise Hydraulic Model based on field
survey/LiDAR 1.0 260.00$ 16.0 3,760.00$ 16.0 3,200.00$ 40.0 5,200.00$ 24.0 2,640.00$ -$ 81.0 11,860.00$
Perform Erosion Assessment 2.0 520.00$ 16.0 3,760.00$ 16.0 3,200.00$ 24.0 3,120.00$ 24.0 2,640.00$ -$ 66.0 10,040.00$
QA/QC 2.0 520.00$ 2.0 470.00$ 2.0 400.00$ -$ -$ -$ 4.0 990.00$
Subtotal 8.0 2,080.00$ 66.0 15,510.00$ 66.0 13,200.00$ 112.0 14,560.00$ 48.0 5,280.00$ 0.0 -$ 234.0 37,430.00$
C.Feasibility Design Package Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Formulate and Analyze Design Improvement Alternatives 4.0 1,040.00$ 16.0 3,760.00$ 16.0 3,200.00$ 40.0 5,200.00$ 16.0 1,760.00$ -$ 76.0 11,760.00$
Perform Downstream Assessment 2.0 520.00$ 4.0 940.00$ 8.0 1,600.00$ 16.0 2,080.00$ 8.0 880.00$ -$ 30.0 4,420.00$
Prepare Technical Memorandum and Exhibits 2.0 520.00$ 12.0 2,820.00$ 12.0 2,400.00$ 24.0 3,120.00$ 40.0 4,400.00$ -$ 78.0 10,860.00$
Prepare Conceptual OPCC 2.0 520.00$ 8.0 1,880.00$ 8.0 1,600.00$ 8.0 1,040.00$ -$ -$ 18.0 3,440.00$
QA/QC 2.0 520.00$ 2.0 470.00$ 2.0 400.00$ -$ -$ -$ 4.0 990.00$
Project Summary Meeting -$ 3.0 705.00$ 3.0 600.00$ 3.0 390.00$ -$ 2.0 150.00$ 6.0 1,245.00$
Subtotal 12.0 3,120.00$ 45.0 10,575.00$ 49.0 9,800.00$ 91.0 11,830.00$ 64.0 7,040.00$ 2.0 150.00$ 212.0 32,715.00$
D.Preliminary Design Plans Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Prepare Preliminary Design Plan Sheets 4.0 1,040.00$ 24.0 5,640.00$ 60.0 12,000.00$ 120.0 15,600.00$ 240.0 26,400.00$ -$ 388.0 48,680.00$
Update Preliminary OPCC 2.0 520.00$ 8.0 1,880.00$ 8.0 1,600.00$ 8.0 1,040.00$ -$ -$ 18.0 3,440.00$
QA/QC 2.0 520.00$ 2.0 470.00$ 2.0 400.00$ -$ -$ -$ 4.0 990.00$
Project Design Review Meeting/Project Walkthrough 4.0 1,040.00$ 4.0 940.00$ 4.0 800.00$ 4.0 520.00$ -$ -$ 12.0 2,500.00$
Subtotal 12.0 3,120.00$ 38.0 8,930.00$ 74.0 14,800.00$ 132.0 17,160.00$ 240.0 26,400.00$ 0.0 -$ 422.0 55,610.00$
E.Final Design Plans and Specifications Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Prepare Final Design Plan Sheets 4.0 1,040.00$ 24.0 5,640.00$ 60.0 12,000.00$ 120.0 15,600.00$ 240.0 26,400.00$ -$ 388.0 48,680.00$
Prepare Design Specifications Manual 2.0 520.00$ 16.0 3,760.00$ 16.0 3,200.00$ 40.0 5,200.00$ -$ -$ 58.0 9,480.00$
Prepare Final OPCC 2.0 520.00$ 8.0 1,880.00$ 8.0 1,600.00$ 8.0 1,040.00$ -$ -$ 18.0 3,440.00$
QA/QC 2.0 520.00$ 2.0 470.00$ 2.0 400.00$ -$ -$ -$ 4.0 990.00$
Project Design Review Meeting -$ 3.0 705.00$ 3.0 600.00$ 3.0 390.00$ -$ 2.0 150.00$ 6.0 1,245.00$
Subtotal 10.0 2,600.00$ 53.0 12,455.00$ 89.0 17,800.00$ 171.0 22,230.00$ 240.0 26,400.00$ 2.0 150.00$ 474.0 63,835.00$
F.Public Meetings Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Prepare exhibits and attend public meetings (3)4.0 1,040.00$ 16.0 3,760.00$ 8.0 1,600.00$ 16.0 2,080.00$ 8.0 880.00$ 4.0 300.00$ 44.0 8,060.00$
G.Field Survey (Pacheco Koch)20,000.00$
H.Geotechnical Analysis (CMJ Engineering)13,400.00$
I.Structural Analysis (Pacheco Koch)4,400.00$
J.Environmental Permitting Assistance (Pacheco Koch)11,800.00$
K.Bid Phase Assistance Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Attend Prebid Conference -$ 3.0 705.00$ 3.0 600.00$ 3.0 390.00$ -$ -$ 6.0 1,095.00$
Respond to RFIs and General Bid Questions -$ 4.0 940.00$ 4.0 800.00$ 8.0 1,040.00$ -$ -$ 12.0 1,980.00$
Attend Bid Opening -$ 3.0 705.00$ 3.0 600.00$ 3.0 390.00$ -$ -$ 6.0 1,095.00$
Review Bids/Bid Tabulation 1.0 260.00$ 4.0 940.00$ 4.0 800.00$ 8.0 1,040.00$ -$ -$ 13.0 2,240.00$
Contractor Selection Assistance -$ 4.0 940.00$ 4.0 800.00$ 4.0 520.00$ -$ -$ 8.0 1,460.00$
Subtotal 1.0 260.00$ 18.0 4,230.00$ 18.0 3,600.00$ 26.0 3,380.00$ 0.0 -$ 0.0 -$ 45.0 7,870.00$
L.Construction Phase Assistance Rate $260.00 Rate $235.00 Rate $200.00 Rate $130.00 Rate $110.00 Rate $75.00 TOTAL
Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost Hrs.Cost
Attend Preconstruction Conference -$ 3.0 705.00$ 3.0 600.00$ 3.0 390.00$ -$ -$ 6.0 1,095.00$
Respond to General Construction Questions -$ 8.0 1,880.00$ 8.0 1,600.00$ 16.0 2,080.00$ 24.0 2,640.00$ 24.0 1,800.00$ 48.0 6,600.00$
Project Construction Site Visitis (10)3.0 780.00$ 30.0 7,050.00$ 30.0 6,000.00$ 30.0 3,900.00$ -$ -$ 63.0 11,730.00$
Prepare As-built Drawings 1.0 260.00$ 4.0 940.00$ 4.0 800.00$ 8.0 1,040.00$ 16.0 1,760.00$ -$ 29.0 4,000.00$
Subtotal 3.0 780.00$ 41.0 9,635.00$ 41.0 8,200.00$ 49.0 6,370.00$ 24.0 2,640.00$ 24.0 1,800.00$ 117.0 23,425.00$
M.Direct Expenses
TOTAL
Mileage 10 trips x 80 miles @$0.68/mile 544.00$
Courier Delivery 2 regular courier deliveries @ $50.00 50.00$
Subtotal 594.00$
SUBTOTAL (BASIC SERVICES)SUBTOTAL (BASIC SERVICES)309,559.00$
TOTAL ENGINEERING DESIGN COSTTOTAL ENGINEERING DESIGN COST
Project Manager Senior Engineer Project Engineer CAD/GIS Designer Admin Asst
Admin Asst
Sr CAD/GIS Designer
Sr CAD/GIS Designer
Admin Asst
Admin Asst
Admin Asst
Admin Asst
Senior Engineer
Senior Engineer
Senior Engineer
Senior Engineer
Principal
309,559.00$
Principal Project Manager Project Engineer CAD/GIS Designer
Principal Project Manager Project Engineer CAD/GIS Designer
Project Engineer CAD/GIS DesignerProject Manager
Principal Project Manager Project Engineer CAD/GIS Designer
Principal Project Manager Project Engineer Sr CAD/GIS Designer
Principal Project Manager Project Engineer CAD/GIS Designer
Principal Project Manager Project Engineer Sr CAD/GIS Designer
Senior Engineer
Senior Engineer
Senior Engineer
Principal
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
EXHIBIT C to Agreement between the City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers, LLC (CONSULTANT) for Consulting Services
8/4/2022 Page 1
EXHIBIT ‘C’ – SCHEDULE
AVONDALE PARK
CHANNEL STABILIZATION PROJECT
Activity
Estimated
Duration
(weeks)
Estimated
Completion
After N.T.P.
Notice-To-Proceed (TBD) - Field Survey 4 4 Weeks
Data Collection 4 4 Weeks
Preliminary Environmental Permitting 12 12 Weeks
Geotechnical Investigation 4 4 Weeks
Hydrologic, Hydraulic and Erosion Analysis 4 8 Weeks Feasibility Design Package 6 14 Weeks Preliminary Design Plans 10 24 Weeks Final Design Plans 10 34 Weeks
Bid Phase Assistance As Needed
Construction Phase Assistance As Needed
The CONSULTANT is not responsible for delays beyond its control.
END OF EXHIBIT ‘C’
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
Cooper
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NottinghamDr639 640631625625
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6
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EXHIBIT A:
PROJECT LOCATION
MAP
AVONDALE PARK CHANNEL
STABILIZATION
DENTON, TEXAS
KEY TO FEATURES
STREAMS
Parcels
Project Location
0 200100
1" = 200'
June 27, 2022
VICINITY MAP N.T.S¯
NAD 1983
North Central
TX Zone FIPS
4202
Survey Pedestrian Bridge
Survey Nottingham Drive
Bridge/Culvert Structure and
downstream Channel Cross
Section
Detail survey channel bank
erosion
Field survey drainage structure
D
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6DExhibit CIQ
Pacheco Koch Consulting Engineers, LLC
9/9/2022
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: 36C63411-172E-4934-88E9-E1BEA1FD3D6D
Certificate Of Completion
Envelope Id: 36C63411172E493488E9E1BEA1FD3D6D Status: Completed
Subject: Please DocuSign: City Council Contract 7599-009 Avondale Streambank
Source Envelope:
Document Pages: 33 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
9/9/2022 9:48:58 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 9/9/2022 9:51:49 AM
Viewed: 9/9/2022 9:52:00 AM
Signed: 9/9/2022 9:52:40 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: 198.49.140.10
Sent: 9/9/2022 9:52:44 AM
Viewed: 9/9/2022 10:05:29 AM
Signed: 9/9/2022 10:05:57 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.24.6.135
Sent: 9/9/2022 10:06:02 AM
Viewed: 9/9/2022 3:49:39 PM
Signed: 9/9/2022 3:51:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Randall P. Pogue
randy.pogue@westwoodps.com
Vice President, Land Division
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 76.183.188.79
Signed using mobile
Sent: 9/9/2022 3:51:33 PM
Viewed: 9/9/2022 4:19:50 PM
Signed: 9/9/2022 4:29:35 PM
Electronic Record and Signature Disclosure:
Accepted: 9/9/2022 4:19:50 PM
ID: a41362e5-6d89-477d-805f-3ee998f41559
Signer Events Signature Timestamp
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Capital Projects/Engineering
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 9/9/2022 4:29:40 PM
Viewed: 9/12/2022 10:07:16 AM
Signed: 9/12/2022 10:07:47 AM
Electronic Record and Signature Disclosure:
Accepted: 9/12/2022 10:07:16 AM
ID: 9af36c88-92ab-4537-9518-29b7879416fe
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 9/12/2022 10:07:53 AM
Viewed: 10/19/2022 7:15:16 AM
Signed: 10/19/2022 7:15:28 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/19/2022 7:15:33 AM
Viewed: 10/19/2022 7:21:19 AM
Signed: 10/19/2022 7:21:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/19/2022 7:21:37 AM
Viewed: 10/19/2022 10:46:32 AM
Signed: 10/19/2022 10:47:18 AM
Electronic Record and Signature Disclosure:
Accepted: 10/19/2022 10:46:32 AM
ID: 5c316505-5de1-4a14-ab8d-3705f8fa4774
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/9/2022 9:52:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 9/12/2022 10:07:53 AM
Viewed: 9/12/2022 4:25:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 10/19/2022 10:47:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Brett Bourgeois
Brett.Bourgeois@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 10/19/2022 10:47:25 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/19/2022 10:47:27 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 9/9/2022 9:51:49 AM
Certified Delivered Security Checked 10/19/2022 10:46:32 AM
Signing Complete Security Checked 10/19/2022 10:47:18 AM
Completed Security Checked 10/19/2022 10:47:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Randall P. Pogue, Rebecca Diviney, Rosa Rios
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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.
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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.