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7850-005 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
Erica Garcia
7850-005
North Lakes Inclusive Park Masterplan
Not Applicable
FILE
N/A
APRIL 18, 2023
23-406
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 1 of 19
STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATED
PROFESSIONAL SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Mesa Design Associates, Inc., with its corporate office at 2001 N Lamar St
Suite 100, Dallas, TX 75202 and authorized to do business in Texas, ("LANDSCAPE
ARCHITECT"), for a PROJECT generally described as: North Lakes Inclusive Playground
Master Plan (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and the
LANDSCAPE ARCHITECT hereby agrees to perform, professional architectural
services set forth in the CITY’s Scope of Services attached hereto as Attachment A
and the LANDSCAPE ARCHITECT’s proposal attached hereto as Attachment B.
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 LANDSCAPE ARCHITECT or its consultants,
subcontractors and/or suppliers that has not been ordered in advance and in writing.
It is specifically agreed that LANDSCAPE 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 LANDSCAPE ARCHITECT shall be compensated for all services provided
pursuant to this AGREEMENT in an amount not to exceed $122,500 in the manner
and in accordance with the fee schedule as set forth in Attachment B. Payment shall
be considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment 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. LANDSCAPE ARCHITECT shall proceed diligently with
the PROJECT to completion as described in the PROJECT schedule as set forth in
Attachment B.
SECTION 3
Terms of Payment
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 2 of 19
Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The Landscape 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 Attachment B to reasonably substantiate the invoices.
(2) The LANDSCAPE 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 LANDSCAPE ARCHITECT for
billings contested in good faith within 60 days of the amount due, the
LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE ARCHITECT
A. General
The LANDSCAPE 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 LANDSCAPE ARCHITECT shall perform its services:
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 3 of 19
(1) with the professional skill and care ordinarily provided by competent arcitects
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 architect.
C. Subsurface Investigations
(1) The LANDSCAPE 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 LANDSCAPE 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
Attachment B.
(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
LANDSCAPE ARCHITECT.
D. Preparation of Architectural Drawings
The LANDSCAPE 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 LANDSCAPE ARCHITECT
shall not be liable for the use of such drawings for any project other than the PROJECT
described herein. The transfer of copyright interest or ownership of Documents shall not
extent to Consultant’s standard details, standard features of overall design, functional
elements of overall design or individual aspects and components the Consultant has
developed and/or used previously on other projects.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at a
construction site, whether as on-site representatives or otherwise, do not make
the LANDSCAPE ARCHITECT or its personnel in any way responsible for those
duties that belong to the CITY and/or the CITY's construction contractors or
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 4 of 19
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 LANDSCAPE
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
Attachment B, the LANDSCAPE 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 LANDSCAPE ARCHITECT be
construed as requiring LANDSCAPE 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
LANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from the
AGREEMENT Documents, the LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE ARCHITECT shall provide opinions of probable costs based
on the current available information at the time of preparation, in accordance
with Attachment B.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the LANDSCAPE 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
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 5 of 19
LANDSCAPE ARCHITECT makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will not
vary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic construction
progress payments to the construction contractor will be based on the LANDSCAPE
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
LANDSCAPE 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 LANDSCAPE 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
LANDSCAPE 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) LANDSCAPE 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 LANDSCAPE ARCHITECT involving transactions
relating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITY
shall have access during normal working hours to all necessary LANDSCAPE
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 LANDSCAPE ARCHITECT reasonable advance
notice of intended audits.
(2) LANDSCAPE 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
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 6 of 19
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) LANDSCAPE ARCHITECT and subconsultant agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to reimburse
LANDSCAPE ARCHITECT for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
J. INSURANCE
(1) LANDSCAPE ARCHITECT’S INSURANCE
a. Commercial General Liability – the LANDSCAPE 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. LANDSCAPE 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 LANDSCAPE ARCHITECT shall maintain business
auto liability and, if necessary, commercial umbrella liability insurance
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 7 of 19
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. LANDSCAPE 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 LANDSCAPE ARCHITECT pursuant to this
AGREEMENT or under any applicable auto physical damage
coverage.
c. Workers’ Compensation – LANDSCAPE ARCHITECT 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.
i. LANDSCAPE 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 LANDSCAPE ARCHITECT pursuant to
this AGREEMENT.
d. Professional Liability – LANDSCAPE 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 LANDSCAPE 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
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 8 of 19
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.
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 LANDSCAPE ARCHITECT 's insurance policies
including endorsements thereto and, at the CITY's discretion; the
LANDSCAPE 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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 9 of 19
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 LANDSCAPE ARCHITECT
shall be required by the LANDSCAPE ARCHITECT to maintain the same
or reasonably equivalent insurance coverage as required for the
LANDSCAPE ARCHITECT. When sub consultants/subcontractors
maintain insurance coverage, LANDSCAPE ARCHITECT shall provide
CITY with documentation thereof on a certificate of insurance.
K. Independent Consultant
The LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE ARCHITECT to assist in obtaining the services of a
qualified subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 10 of 19
If permitting authorities require design changes so as to comply with published design
criteria and/or current architectural practice standards which the LANDSCAPE
ARCHITECT should have been aware of at the time this AGREEMENT was executed, the
LANDSCAPE 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 LANDSCAPE ARCHITECT could
not have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITY
of such changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
O. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with the schedule
developed per Attachment B to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: LANDSCAPE ARCHITECT and
LANDSCAPE 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 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: LANDSCAPE
ARCHITECT and LANDSCAPE 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
LANDSCAPE 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 LANDSCAPE ARCHITECT as required
for the LANDSCAPE ARCHITECT 's performance of its services. The CITY will perform,
at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery,
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
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pipelines, and other components of the CITY's facilities as may be required in connection
with the LANDSCAPE 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
LANDSCAPE ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the LANDSCAPE 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 Attachment B.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITY
observes or becomes aware of any development that affects the scope or timing of the
LANDSCAPE ARCHITECT 's services or of any defect in the work of the LANDSCAPE
ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the work
at CITY's facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that LANDSCAPE 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 LANDSCAPE
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
LANDSCAPE ARCHITECT’s negligence or if LANDSCAPE 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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
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regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisions
providing for contractor indemnification of the CITY and the LANDSCAPE LANDSCAPE
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 LANDSCAPE 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 LANDSCAPE ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE 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 LANDSCAPE ARCHITECT.
I. CITY's Insurance
(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 LANDSCAPE
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 LANDSCAPE 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 LANDSCAPE ARCHITECT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
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K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the LANDSCAPE 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
LANDSCAPE 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
LANDSCAPE 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 LANDSCAPE ARCHITECT will
be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications
and documents. The transfer of copyright interest or ownership of Documents shall not
extend to Consultants standard details, standard features of overall design, functional
elements of overall design or individual aspects and components the Consultant has
developed and/or used previously on other projects.
C. Force Majeure
The LANDSCAPE 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 LANDSCAPE ARCHITECT that prevent LANDSCAPE 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
LANDSCAPE ARCHITECT.
b. by either the CITY or the LANDSCAPE ARCHITECT for cause if either
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Revised Date: 3/22/22
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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
LANDSCAPE ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE 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 LANDSCAPE 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
LANDSCAPE ARCHITECT s personnel and subcontractors, and LANDSCAPE
ARCHITECT 's compensation will be made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE LANDSCAPE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY
AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE LANDSCAPE
ARCHITECT OR LANDSCAPE ARCHITECT’S AGENT, CONSULTANT UNDER
CONTRACT, OR ANOTHER ENTITY OVER WHICH THE LANDSCAPE 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 LANDSCAPE
ARCHITECT’S LIABILITY.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 15 of 19
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
LANDSCAPE 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. LANDSCAPE 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
LANDSCAPE 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, LANDSCAPE
ARCHITECT shall provide CITY with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this AGREEMENT.
LANDSCAPE 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 LANDSCAPE ARCHITECT employee who is not legally eligible to perform such
services. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT, LANDSCAPE
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 16 of 19
ARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right to
immediately terminate this AGREEMENT for violations of this provision by LANDSCAPE
ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
LANDSCAPE Architect 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, Landscape Architect certifies that Landscape Architect’s
signature provides written verification to the City that Landscape 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
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, Landscape Architect certifies that Landscape
Architect’s signature provides written verification to the City that Landscape
Architect, 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
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Landscape Architect
certifies that Landscape Architect’s signature provides written verification to the
City that Landscape Architect: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of the agreement. Failure to
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 17 of 19
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
Landscape Architect 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, Landscape
Architect certifies that Landscape Architect’s signature provides written
verification to the City that Landscape Architect: (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 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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 18 of 19
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. 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:
Attachment A –City Scope of Services
Attachment B - Scope of Services, Project Schedule, and Compensation
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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 19 of 19
Duly executed by each party’s designated representative to be effective on
_____________________________
BY:
CITY OF DENTON, TEXAS
BY:
LANDSCAPE ARCHITECT
Sara Hensley, City Manager
Mesa Design Associates Inc.
Fred Walters
Principal
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:
ROSA RIOS, CITY SECRETARY
By:______________________________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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Director of Parks and Recreation
Parks and Recreation
2023-976475
02/02/2023
04/18/2023
02/02/2023
North Lakes Park Master Plan
Scope of Work
A. PROJECT DESCRIPTION:
This project aims to develop a master plan for a portion of North Lakes Park to feature a unique
all-inclusive playground for the Lilly Cantu Playground and surrounding infrastructure that will
create a regional draw. The Lilly Cantu Playground will replace a playground due for
replacement. The new design should complement North Lakes Park, attractions within the park,
and the City of Denton. The new playground design will be 'barrier free' and feature areas of
play offering universal design features for all abilities physical and mental, rehabilitation
equipment, nature-based, and garden/landscape experiences for children and adults of all
abilities. Playgrounds can provide many opportunities for children to develop further physical,
cognitive, sensory, and social skills. An inclusive playground design should provide a balance of
play experiences to build all these skills.
While the city prefers to construct the new playground over one season as a single-phased
project, funding may dictate if additional phases are needed. Therefore, the design should
reflect a capacity for seamless phasing over consecutive construction seasons. The concept of
universal design implies products and environments accessible to all people, regardless of age,
sex, and/or abilities. The design of an inclusive playground needs to be based on the following
seven principles of universal design:
I. Equitable use – the design is equally beneficial and accessible for children with
disabilities. The design excludes segregation and stigmatization of the users and enables
equally available conditions for privacy, safety, and security.
II. Flexibility in use – the design caters to a wide range of individual preferences and
abilities.
III. Simple and intuitive use – facilitates easy understanding and orientation; all users
should be able to effortlessly orient themselves in the given environment while the
layout is functional.
IV. Perceptible information – use of universally understandable signs/symbols, the design
communicates necessary information effectively to the user, regardless of ambient
conditions or the user's sensory abilities.
V. Tolerance for error – the design decreases the danger and harmful consequences of
chance or unintentional action.
VI. Low physical effort – effective and comfortable use with minimal fatigue.
VII. Size and space for approach and use – access, reach, manipulation, and use secured,
regardless of the size of the body, posture, or mobility of the user.
B. DESIGN SCOPE:
Refer to Exhibit A through C for site photos. The scope of the project will need to include the
following features but not limited to:
Attachment A
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I. Assess current layout and provide recommendations that may include redesign of
existing footprint of playground and recommendation of other amenities to be featured
on site.
II. New design to be max $3,000,000.00 budget.
III. Include theme and work with staff and family to identify best way to represent the
playground that it is named after.
IV. Shade is a high priority and should be designed accordingly along with the shade
provided by the existing trees.
V. Safety surfacing must include pour-in-place surfacing and/or artificial turf. Options can
be 100% of one or a creative combination to enhance playground visual aesthetics and
user functionality. Warranty to be 15 years.
VI. The playground sign must be available to be used as a potential donor wall. This sign
should be minimal and complement the playground’s overall design.
VII. Based on standards related to "universal" all-inclusive design, the following elements
should be considered for the desired play experience the City of Denton will want to
achieve for the playground.
o Sensory stimulation.
Make a wide range of materials and textures available for touch—rough and
smooth, hard and soft, warm and cool.
Natural elements such as sand and water provide ever-changing multi-sensory
experiences.
Interactive play panels captivate kids' responses for visually sensitive children;
consider simple color schemes in more muted color tones and/or earth tones.
Include elements that offer strong visual contrast for children with low vision,
especially to highlight sudden elevation changes.
Many children like to discover sound and enjoy their musical creations, so
consider incorporating music panels, instruments and/or sound related
interactive features.
o Swinging, spinning, and sliding.
Most kids enjoy sliding, spinning/rotating, and swinging. Besides being fun,
these activities sharpen internal senses:
• vestibular (awareness of how our body moves through space and
against gravity)
• proprioception (awareness of body position and how much force is
needed for an activity).
Incorporate all accessible swings and large-scale slides built into the land (if the
opportunity exists)
o Social/imaginative.
Attachment A
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As children challenge themselves physically, they also learn how to manage joy
and frustration, friendship, and conflict, while developing their imagination and
dramatic play skills. Whether engaged in parallel play, quiet play, or active social
play, an inclusive playground provides plenty of social and imaginative play
opportunities for children.
Include a variety of gathering spots, some that can accommodate several
children and cozy, quiet spaces for just a few.
o Developmentally appropriate cognitive and physical play.
A playground can reinforce learning and enhance problem-solving skills with
games, mazes, maps of the world, tracing panels, and more.
Meet as many needs and skill levels as possible, consider including graduated
levels of challenge, complex alternative routes, elements that encourage cross-
lateral movement, and a variety of developmentally appropriate risks.
o Flexibility/options.
While many children readily flock to large play structures, some feel more
comfortable in smaller, cozier spaces.
Add ground-level activities to allow small groups to explore different play
experiences at their own pace.
Include overhead events at different heights or create combinations of stepping
forms and balance beams.
Offer a variety of equitable yet diverse options to accommodate the needs of the
broadest range of users.
o Safety, comfort, and access.
Creating a welcoming, safe and accessible environment is just as important as
the play equipment. A well-thought-out environment makes the space more
comfortable and user-friendly for children and families of all ages and abilities.
A fence can help define and contain the activity area, providing comfort to
children and their parents. Fencing can be purely functional or incorporate a
playground's theme.
Include signage that identifies accessible facilities, meeting spots, play areas by
age group, and amenities such as water and restrooms.
Plenty of shade is recommended over the play structure—incorporate natural
shade whenever available.
Variation of benches with backs, no backs, and armrests. Tables and game
tables may be strategically located around the play area (preferably in shaded
areas) for supervision, resting, and promoting multigenerational socialization
Accessible pathways that transition between activity areas should
be short and direct and meet ADA design. Try to improve upon width and slope
requirements whenever possible.
Wheelchair-accessible ramps and transfer modules to higher play
events/overlooks offer more equitable access and encourage interactive play
among kids and adults of all abilities.
A truly inclusive playground should incorporate a unitary surface such as
poured-in-place surfacing, synthetic turf, or rubber mats/tiles on the accessible
Attachment A
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routes.
C. DELIVERABLES
I. Provide a complete design for the proposed master plan from concept sketches through
100% complete construction documents, including project bid docs and specifications
(project manual).
II. Create (2 - 3) concept renderings.
III. Provide a construction estimate for the entire project and individual phases, should
construction phasing become necessary along with cost escalation for 5 years into the
future for planning purposes.
IV. Provide a construction schedule for the entire project, and individual phases should
construction phasing become necessary.
V. Conduct/participate in a process through which a playground or other equipment
provider is specified.
VI. Develop a long-term maintenance plan and annual maintenance estimates.
VII. Facilitate meetings with Denton Parks and Recreation staff and project partners as
needed during the design development process.
VIII. Facilitate up to (6) public meetings, workshops, etc., during the design development
process. Each meeting cost should be listed as an alternate.
IX. Coordinate sub-consultants, if necessary.
X. Deliver final plans & supporting materials to include Texas Department of Licensing &
Regulation (TDLR) Registered Accessibility Specialist (RAS) design review.
XI. Coordination with City of Denton Development Services department.
XII. Construction Administration services listed as an alternate.
a. Bid opening
b. Evaluate bids & recommend contractor
c. Attend/Host preconstruction meeting
d. Issue NTP & NOA
e. Site inspections at various times as the project progresses
f. Approve, issue and/or respond to:
i. ASI’s
ii. RFI’s
iii. Change Orders
iv. Pay Applications
v. Submittals
vi. CPSI 3rd Party Inspection Certificate – Upon Substantial Completion
vii. 3rd Party HIC Test on Various Locations of the Playground Surfacing
Attachment A
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Aerial Views
North Lakes Park – Lilly Cantu Playground
Aerial #1
Pavilion #1
Pavilion #2
Pavilion #3
North Lakes Park – Lilly Cantu Playground
Aerial #2
Existing Parking Lot
Attachment A
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Pavilion Site Photos
Pavilion #1
Pavilion #2
Pavilion #3
Attachment A
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Playground Photos (1/2)
Attachment A
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Playground Photos (2/2)
Attachment A
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
2001 North Lamar Street, Suite 100 Dallas, Texas 75202 Office 214 871 0568 Fax 214 871 1507 www.mesadesigngroup.com
Proposal and Contract for Professional Services
December 20, 2022
Mr. Chris Escoto, CPRP
Park Planner
City of Denton
601 East Hickory Street
Denton, TX 76205
Project: North Lakes Park - Lilly Cantu Playground Master Plan
Mr. Escoto,
This proposal describes the landscape architectural services to be provided by MESA, the costs of these services
and general conditions under which these services would be executed.
The proposed scope addresses the master planning, design, and construction of Lilly Cantu Playground in Denton,
TX as described in the RFP and our subsequent telephone conversations and meeting. We understand the project
is to be designed and if necessary, constructed as a multi-phase project to achieve the entirety of the Master Plan.
The project work scope will be prioritized as needed to the sequential needs of the Client and other members of
the design team.
The following project approach and scope is submitted with the understanding that the City of Denton aims to
reimagine the portion of North Lakes Park currently in use as a playground. The program list below is derived from
the ‘North Lakes Park Master Plan Scope of Work’ included with the RFP solicitation. Based on our understanding of the Scope of Work and clarification meeting with City of Denton staff, our proposal addresses the following
general program:
A. All-inclusive playground, including the following non-play elements:
1. Entry signage with potential donor element
2. Perimeter fencing
3. Wayfinding signage
B. Incorporation of natural elements such as water, sand, and/or landscape
C. Auxiliary shade structure(s)
D. Renovation of existing ‘Gullwing’ pavilions (Pavilions 2 & 3)
E. Site furnishings such as tables, benches, drinking fountains, and game tables
F. No new restroom building, parking or roadway reconstruction, or extensive renovation to the main pavilion
is included in this scope of work.
As this project program and focus is highly specialized, there may be need for the services of the following sub-
consultants to address the design program and requirements of an all-inclusive playground design. We anticipate
these consultants would be contracted directly to MESA as needed for their services. Please note fees for these
sub-consultants are estimated and will be finalized upon determination of project complexity and scope at the
conclusion of PART THREE:
A. Architect
B. Civil Engineer
C. Structural Engineer
D. MEP, lighting, technology (Wi-Fi), and audio
ATTACHMENT B
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NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 2 of 8
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E. Irrigation Designer
F. Occupational Therapist with a focus on sensory processing skills
SCOPE OF SERVICES
The following preliminary approach addresses the scope and sequencing of our park planning and design
process. We see this as a flexible process that can be modified to respond to the City of Denton’s priorities. We
invite dialogue with the city staff to evaluate these tasks and to arrive at a final tailored approach that delivers the
best process and vision for North Lakes Park.
PART ONE: ASSESSMENTS AND GOALS
TASK 1.1: DATA COLLECTION
MESA will work with base data provided by the City of Denton to compile maps and base documentation to
perform the site assessment and inventory. These activities are intended to provide a base of information about
the park so that the planning and design activities described below can be undertaken. MESA has the right to rely
on this information and any information provided by others. If further information is required to be collected by the
MESA team, fees for Additional Services may be required. These data collection activities are as follows:
A. Base Maps: MESA will gather from the City of Denton the database needed to undertake assessments
described below and will format this information for use in presentations and the final report. At a
minimum, this base information will include:
1. Aerial photograph of Project site (digital image)
2. Project area limits and boundaries
3. City initiatives/special projects (concurrent to plan)
4. USGS and other public domain maps (topography, survey, easements, etc.)
5. Floodplain/floodway delineations and future projections 6. Parks Master Plan
7. City of Denton Ordinances
B. Built Fabric Assessment: The design team will evaluate the condition of existing on-site facilities, including
infrastructure (roads, sidewalks, utilities, etc.), and other amenities available for adaptive re-use
opportunities. , making a cursory evaluation of all built elements in terms of their physical condition, current
use, and longevity. We will rank them as appropriate for any proposed reuse, upgrade, or removal.
1. Physical (structures, vegetation, slope, etc.)
2. Utilities and services
3. Hydrology and drainage
4. Traffic/circulation
5. Programming (as provided by City)
6. Trees
Deliverable: Base documentation and data for planning and assessment activities. All materials prepared will be
formatted for inclusion in the final project summary report.
Meetings: None assumed for this task.
TASK 1.2: KICK-OFF MEETINGS
MESA will meet with City staff to review existing base data, goals previously developed and new initiatives
identified by the City for the project. At this meeting MESA will discuss City staff perceptions of the needs, concerns
and potential for improved services, facilities, and programs for the playground master plan. Parks staff will
arrange for appropriate representatives from the City Departments (such as: Engineering Department, Planning
Department, Facilities Management Department, etc.) to identify the programs and needed improvements to the
playground area. A key component of this meeting will be the confirmation of schedules (including key milestones,
and critical path elements, etc.) and deliverables, and confirmation of the core Client team, primary points of
contact, stakeholder groups, and their roles within the planning process.
MESA will also meet with the Cantu Family to discuss the playground vision and gather that input to understand
their desires for the park and playground. City staff will attend this meeting as well.
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Deliverable: Confirmation of City staff concerns for the playground area and potential affects to the surrounding
North Lake Park area. All materials prepared will be formatted for inclusion in the final project summary report.
Meetings: One (1) City stakeholder meeting to be held at the Service Center, and one (1) meeting with the Cantu
family. .
PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT
The Lilly Cantu Playground is an important amenity to the City of Denton and the engagement goals for this
project will be focused on bringing community awareness to the components of the playground masterplan. As
the City has an internal Public Engagement Department, The City will take the lead to gather, organize and
tabulate public input data for the project via outreach efforts they deem appropriate with support from MESA as
requested. The supporting effort will consist of formatting graphics for distribution to the City for their use in the
public engagement effort.
MESA’s services for Part Two are optional to the City and not included in the basic scope.
TASK 2.1: COMMUNITY SPECIAL EVENTS (Pop-ups)
If requested by the City, the MESA team will provide presentation materials for community meetings administered
by the City’s Public Engagement Department to share the key findings from the existing conditions, collect
additional input on community needs and priorities, and discuss preliminary concepts. The pop-up events will be
administered by City staff will occur at a location/event determined by the City Public Engagement Department.
Feedback from the meetings will be documented as part of the final playground master plan. This task is optional
and not included in the basic scope of services.
Deliverable: Handouts, display boards, and public meeting summary documentation.
Meetings: MESA will attend up to one (1) meeting at the City’s request.
.
TASK 2.2: QUESTIONNAIRE/SURVEY FOR LILLY CANTU PLAYGROUND
The MESA team will submit survey questions to the City Public Engagement Department for their distribution to
collect input on values, needs, priorities, and issues for the Lilly Cantu Playground Master Plan through a community
questionnaire/survey. The responses/data will be collected by the City and distributed to MESA for analysis. Topics
will range from recreational preferences and use, design layout, accessibility, green space, potential
monuments/art and more. Copies of the survey will be distributed by the City Public Engagement Department as
they deem appropriate utilizing the City Public Engagement Department’s established communications and
engagement methods, including webpages, social media (e.g., Facebook, Twitter, etc.), email distribution lists,
and other methods.
Deliverable: Written survey to be submitted to the City for distribution and data collection.
TASK 2.3: FINAL STAFF/DENTON COUNCIL PRESENTATION
At the conclusion of the project, the MESA team will prepare a final presentation for City Staff to brief Park Board
and gather any final input on the Master Plan. As requested, MESA will attend the final presentation to the Denton
City Council to be presented by City of Denton Staff. MESA’s role at this meeting is understood as advisory for
technical questions. These presentations will provide an overview of the design recommendations/implementation
strategies, community engagement, preliminary cost information, and next steps related to the master plan. These
presentations will culminate the final stage of the master plan before approval.
Deliverable: PowerPoint Presentation or other suitable digital format.
TASK 2.4: STAFF GUIDANCE COORDINATION MEETINGS FOR PART TWO:
Anticipated coordination meetings, conference calls, and presentations for PART TWO are listed below.
Coordination meetings are understood to be virtual, lasting approximately one hour in duration. Additional
meetings or presentations will be considered as Additional Services and billed according to consulting team
members hourly rates:
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Meetings: Up to two (2) meetings in base scope with one(1) as optional scope as detailed below:
Task 2.1: One (1) strategy/coordination meeting with Denton Project team. (optional, n.i.c.)
Task 2.2: One (1) strategy/coordination meeting with Denton Project team. Task 2.3: One (1) final staff/Denton Council presentations
PART THREE: MASTER PLAN
TASK 3.1: CONCEPTUAL MASTER PLAN
The design team will develop a descriptive level vision for the Lilly Cantu Playground that is directly derived from
the goals identified in the staff visioning and public workshops conducted by the City. This graphic is a preliminary
concept that depicts the program for the playground and comprises a checklist of effects (from the initial input)
that the master plan must accomplish. It is the “structure” that the plan will be built around and serves as an
opportunity for confirmation before development of the final vision. MESA and the design team will host a
presentation to City staff and share the following aspects of the concept:
A. Sensory Stimulation
B. Swinging, spinning, and sliding
C. Social and Imaginative
D. Developmentally appropriate cognitive and physical play
E. Flexibility options
F. Safety, comfort, and access
A preliminary opinion of probable cost (OPC) will be prepared for consideration. MESA will meet with the city to
share the concept master plan, and adjustments will be made prior to the Park board and Council presentations
described in Task 2.4.
Deliverable: The design team will prepare the concept master plan and supporting documents for internal city
presentations and for use in subsequent public meetings.
TASK 3.2: FINAL MASTER PLAN/SCHEMATIC PLAN
MESA will refine the Concept Master Plan into a vision for future playground development. This will be a descriptive
level graphic plan, including sections and perspectives necessary to convey the design, which will graphically
depict all playground amenities at a real scale – depicting forms, material concepts, play and exercise area
enhancements, and detailed connections. The plan will illustrate all programs and areas of playground.
While the Final Master Plan illustrates the above-mentioned elements (and others) on the site, the design team will
also prepare elevation studies, sections, perspective sketches and more detailed plans and alignments to illustrate
the aesthetic character of the constructed vision. These schematic architectural studies of the pavilions, amenities,
and other thematic elements begin to give a sense of vitality and life to the plan.
Deliverable: The design team will prepare a master plan graphic for the playground area and brief report that
depicts the information outlined above – specific area enlargements, sections, elevations, and sketches may be
prepared as necessary. The updated cost projection will break out the discussed phases of park development and
identify the scope of the first phase of construction.
TASK 3.3: STAFF GUIDANCE AND COORDINATION MEETINGS FOR PART III:
Anticipated coordination meetings, conference calls, and presentations for Part III are listed below. Additional
meetings or presentations will be considered as Additional Services and billed according to consulting team
members hourly rates:
Meetings: Up to three (3) meetings as detailed below:
Task 3.1: Up to Two (2) review meetings attended by City Staff, MESA, and engineering subconsultants
Task 3.2: Up to One (1) review meeting attended by City Staff and MESA
PART FOUR: DETAILED DESIGN AND CONSTRUCTION
TASK 4.1: DESIGN DEVELOPMENT
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Based upon the approved plan and budget previously determined, MESA and the design team will finalize the
construction program with input from city staff. This input will include final budgetary considerations, maintenance,
and operational concerns. This level of development will deal with more detailed and refined aspects of the
design such as materials selection, and consultation with contractors about construction methods. These design documents and an accompanying refinement of the cost analysis will be presented to city staff for review,
comment, and endorsement prior to initiating construction and bidding documents.
Deliverable: Design Development documents. Updated opinion of probable cost.
TASK 4.2: CONSTRUCTION DOCUMENTS
The design team will develop the approved development drawings with final detail as required to address the
type of construction issues necessary to execute the bid and construction documents. Comments will be
incorporated from direction given by the city staff to create a final package and project manual. City standard
construction details and specifications will be incorporated as much as possible. Document sets will be distributed
for comments at intervals appropriate for city review and comment.
A. Demolition plans
B. Civil Plans for utility service and drainage
C. Grading plans
D. Hardscape Layout Plans & Details
E. Landscape Plans and Details
F. Irrigation Plans and Details
G. MEP Plans and Schedules
Deliverable: Construction documents at appropriate intervals (for this project anticipated at 50%, 95%, and bid set)
as to be agreed to by City staff. Updated opinion of probable cost.
TASK 4.3: BIDDING ASSISTANCE
MESA will assist the City in their implementation of the bidding process as follows:
A. Prepare suggested bidders list and bid forms B. Prepare and distribute any required addendum
At the conclusion of preliminary bidding, we will meet with the City and the successful bidder to evaluate
construction methods and cost implications of the design. This will allow all pricing decisions and “value
engineering” decisions to be mutually understood and agreed to by the City, Contractor, and MESA.
Deliverable: Coordination and clarification for contractor bidding
TASK 4.4: STAFF GUIDANCE AND COORDINATION MEETINGS FOR PART FOUR:
Anticipated coordination meetings, conference calls, and presentations for PART FOUR are listed below. Additional
meetings or presentations will be considered as Additional Services and billed according to consulting team
members hourly rates:
Meetings: Up to five (5) meetings in base scope with one (1) as optional scope as detailed below:
Task 4.1: Up to two (2) review meetings attended by City Staff and MESA
Task 4.2: Up to three (3) review meetings attended by City Staff, MESA, and engineering subconsultants
Task 4.3: One (1) review meeting with City staff (optional, n.i.c.)
PART FIVE: OPTIONAL SERVICES (NOT INCLUDED)
TASK 5.1: CONTRACT ADMINISTRATION | CONSTRUCTION OBSERVATION
MESA will conduct contract administration and construction observation services as related to the implementation
of the construction documents described in this proposal. Construction observation services will be as follows:
A. MESA will make site visits as necessary to the construction sites as they progress to determine conformance
of the work to the design as portrayed in the construction documents. Site visits will be documented in field
memos provided to the city staff. These memos will generally describe MESA’s response to issues identified
by the staff and other issues that the team feels merit consideration. This scope assumes various
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meetings/site visits during the construction sequence.
B. MESA will clarify questions regarding the construction as the staff and contractors present them, provide
consultation, and advise the staff. MESA will prepare supplementary sketches where such sketches are needed to resolve conflicts between field conditions and the requirements of the drawings.
C. Review of contractor submittals and shop drawings as submitted by the contractor, for conformance with
the project design. An evaluation of the submittal will be provided.
D. Coordinate final site walk-through with the contractor and city staff (at the conclusion of construction)
and provide a punch list of incomplete and non-conforming items to the Contractor to complete the
project.
E. Approve, issue and/or respond to:
1. ASI’s
2. RFI’s
3. Change Orders
4. Pay Applications
5. Submittals
6. CPSI 3rd Party Inspection Certificate – Upon Substantial Completion
7. 3rd Party HIC Test on Various Locations of the Playground Surfacing
Deliverable: Field reports documenting each site visit and resolution of issues as they arise in the field.
TASK 5.2: COMPUTER MODELING AND ANIMATED GRAPHICS
At the conclusion of Schematic Design, in addition to the renderings requested in the RFP, MESA will prepare
computer models of the major site and design elements (based on approved Schematic Design CAD drawings) to
assist in evaluating the design and marketing the project. These models may be used to develop high quality
“snapshots” of key views and further animated into walk through/fly through videos.
1. Presentation Boards
2. Digitally rendered illustrative conceptual master plan
3. Digitally rendered 3D aerial perspectives
4. Computer generated three dimensional still images and/or videos of the project
5. PowerPoint Presentation (or other suitable format)
Deliverable: Presentation materials and format as requested by the Client. Any meetings during this task will be
billed hourly, per the attached hourly rates.
COST OF SERVICES
The below scope of services will be billed on a lump sum basis (in accordance with the fee schedule specified
below) with the total cost of services not to exceed the amount specified for each without a written addendum to
this contract. The below tasks shall be billed as follows:
TASK BASE FEES OPTIONAL FEES
(N.I.C)
PART ONE: ASSESSMENTS AND GOALS
Task 1.1: DATA COLLECTION $2,000.00
Task 1.2: KICK-OFF MEETINGS $2,000.00
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SUBTOTAL PART ONE: $4,000.00
PART TWO: NEEDS ASSESSMENT AND PUBLIC ENGAGEMENT
TASK 2.1: COMMUNITY MEETINGS AND SPECIAL EVENTS (Pop-ups) $3,000.00
TASK 2.2: QUESTIONNAIRE/SURVEY FOR NORTH LAKES PARK $1,500.00
TASK 2.3: FINAL STAFF/DENTON COUNCIL PRESENTATION $2,000.00
TASK 2.4: STAFF GUIDANCE & COORDINATION FOR PART TWO $1,500.00 $750.00
SUBTOTAL PART TWO: $5,000.00 $3,750.00
PART THREE: MASTER PLAN
TASK 3.1: CONCEPT MASTER PLAN $7,500.00
TASK 3.2: FINAL MASTER PLAN/SCHEMATIC PLAN $12,500.00
TASK 3.3: STAFF GUIDANCE & COORDINATION FOR PART THREE: $2,250.00
SUBTOTAL PART THREE: $22,250.00
SUBTOTAL PARTS ONE, TWO, AND THREE: $31,250.00
PART FOUR: DETAILED DESIGN AND CONSTRUCTION
Fees for Part Four are speculative and based on the assumed final
scope and complexity of the project which is yet to be determined.
MESA reserves the right to confirm these fees with the City at the
conclusion of task 3.2
TASK 4.1: DESIGN DEVELOPMENT $15,000.00
TASK 4.2: CONSTRUCTION DOCUMENTS $47,500.00
TASK 4.3: BIDDING ASSISTANCE $5,000.00
TASK 4.4: STAFF GUIDANCE & COORDINATION FOR PART FOUR: $3,750.00 $750.00
SUBTOTAL PART FOUR: $66,250.00 $5,750.00
SUBTOTAL PARTS ONE-FOUR: $97,500.00
PART FIVE: OPTIONAL SERVICES (NOT INCLUDED)
TASK 5.1: CONTRACT ADMINISTRATION/CONSTRUCTION
OBSERVATION $12,500.00
TASK 5.2: COMPUTER MODELING AND ANIMATED GRAPHICS T.B.D.
SUBTOTAL PART FIVE: $12,500.00+T.B.D.
SUBTOTAL OPTIONAL SERVICES, Fees T.B.D. Not included: $22,000.00+T.B.D.
REIMBURSABLE EXPENSES
Please note that reimbursable expenses are estimated and included in the fee up to a $7,500.00 allowance.
Reimbursable expenses exceeding this allowance will be subject to a contract modification.
Allowances for the following sub consultants are included in the fee based on the following estimates. Final fees
for these subconsultants will be determined at the conclusion of PART THREE when the final project complexity is
determined. The final fee schedule will be subject to a contract modification prior to execution of services.
A. Architect $ 15,000.00
B. Civil Engineer $ 15,000.00
C. Structural Engineer $ 2,500.00
D. MEP, lighting, technology (Wi-Fi), and audio $ 7,500.00
E. Irrigation Designer $ 2,500.00
F. Occupational Therapist with a focus on sensory processing skills $ 5,000.00
G. Wayfinding Graphics-Assumed part of play equipment mfr’s scope $ 0.00 (not included in
fee)
Estimated Subtotal for Sub Consultant fees: $ 47,500.00
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ADDITIONAL SERVICES/HOURLY FEE SCHEDULE
Services requested, but not specifically included in the scope of services listed above, will be considered
additional services. Modifications to drawings, after approval by Owner, due to changes requested by Owner or
other consultant will be considered additional services and billed at an hourly rate as follows:
Senior Principal $235.00
Principal $195.00
Associate Principal $175.00
Associate $160.00
Project Associate $150.00
Senior Project Manager $130.00
Project Manager $115.00
Senior Designer $100.00
Visualization Manager $100.00
Visualization Specialist $ 85.00
Designer $ 85.00
Graphics/Marketing/Admin
Intern
$ 75.00
$ 70.00
1. Excluded services include, however are not necessarily limited to:
a. Utilities (water, sewer, storm, electrical, cable, telephone, etc.)
b. Sub-consultant design fees
c. Civil, structural, mechanical, and electrical engineering if required.
d. Architect, Irrigation designer or lighting design and associated consultant fees.
e. Project signage environmental graphics.
f. Landscape lighting electrical plans.
g. Design of any related off-site improvements
h. Illustrative plans, models, and drawings not specifically described in Scope of Services.
i. Redesign of elements due to site plan changes (i.e., buildings relocate, site grading changes)
j. Geotechnical information.
k. As Built Drawings
l. TDLR Submittal
m. Any jurisdictional mitigation plans (including wetland, tree, 404 permit, etc.)
n. On Site Construction Management
o. Site Safety, Operations and Maintenance
2. The above-described compensation for MESA Design Associates does not include the following non-labor
costs:
a. Permits and/or registration fees
b. Travel expenses outside of Dallas such as airfare and lodging
c. Other products and services requested by the Client and not specifically described herein.
d. All Jurisdictional Submittal, Permitting or Review Fees.
e. TDLR Fees and Expenses.
Respectfully submitted,
MESA Design Associates, Inc.
Fred L. Walters,
Principal
DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41A1F3
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: 32E966CB-8E6D-4758-821C-F167DD41A1F3
Mesa Design Associates, Inc.
No relationship
2/2/2023
X
X
X
X
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: 32E966CB-8E6D-4758-821C-F167DD41A1F3
Certificate Of Completion
Envelope Id: 32E966CB8E6D4758821CF167DD41A1F3 Status: Completed
Subject: Please DocuSign: City Council Contract 7850-005
Source Envelope:
Document Pages: 38 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
1/26/2023 10:18:31 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 1/26/2023 10:29:36 AM
Viewed: 1/26/2023 10:29:55 AM
Signed: 1/26/2023 10:33:22 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: 1/26/2023 10:33:28 AM
Viewed: 1/26/2023 10:53:27 AM
Signed: 1/26/2023 10:53:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.24.7.77
Sent: 1/26/2023 10:54:02 AM
Viewed: 1/26/2023 3:25:19 PM
Signed: 1/26/2023 3:33:53 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Fred Walters
fwalters@mesadesigngroup.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.42.210.242
Sent: 1/26/2023 3:33:58 PM
Resent: 2/2/2023 10:50:22 AM
Viewed: 2/2/2023 10:57:35 AM
Signed: 2/2/2023 11:49:35 AM
Electronic Record and Signature Disclosure:
Accepted: 2/2/2023 10:57:35 AM
ID: 0072ffc3-cf8c-4c8c-bf55-5f647482984a
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 2/2/2023 11:49:41 AM
Viewed: 2/2/2023 1:21:22 PM
Signed: 2/2/2023 1:22:32 PM
Electronic Record and Signature Disclosure:
Accepted: 2/2/2023 1:21:22 PM
ID: 6a77a781-7897-4f5b-a171-1e367e52469f
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 2/2/2023 1:22:40 PM
Viewed: 4/19/2023 9:08:53 AM
Signed: 4/19/2023 9:10:14 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: 47.190.47.120
Signed using mobile
Sent: 4/19/2023 9:10:17 AM
Viewed: 4/19/2023 9:10:42 AM
Signed: 4/19/2023 9:10:47 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus J. Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/19/2023 10:12:39 AM
Viewed: 4/19/2023 10:20:18 AM
Signed: 4/19/2023 10:21:02 AM
Electronic Record and Signature Disclosure:
Accepted: 4/19/2023 10:20:18 AM
ID: fa43667e-faa5-4097-93da-49d175907038
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: 1/26/2023 10:33:28 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: 2/2/2023 1:22:40 PM
Viewed: 2/2/2023 1:31:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Sent: 4/19/2023 10:12:41 AM
Viewed: 4/19/2023 10:13:20 AM
Electronic Record and Signature Disclosure:
Accepted: 4/19/2023 10:59:51 AM
ID: ebe47ac4-3a9d-42e7-9f81-773a9e967edb
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 4/19/2023 10:21:05 AM
Viewed: 4/19/2023 11:35:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Escoto
Chris.Escoto@cityofdenton.com
Park Planner
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/19/2023 10:21:06 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 1/26/2023 10:29:36 AM
Envelope Updated Security Checked 2/27/2023 11:06:33 AM
Certified Delivered Security Checked 4/19/2023 10:20:18 AM
Signing Complete Security Checked 4/19/2023 10:21:02 AM
Completed Security Checked 4/19/2023 10:21:06 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: Fred Walters, Gary Packan, Jesus J. Salazar, Rosa Rios
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.
