7850-007 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Erica Garcia
Denia Park Renovation Project
7850-007
Not Applicable
PSA
AUGUST 15, 2023
N/A
23-1518
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 Teague Nall and Perkins, Inc. with its corporate office at 5237 N Riverside
Drive, Suite 101, Fort Worth, TX 76137 and authorized to do business in Texas,
("LANDSCAPE ARCHITECT"), for a PROJECT generally described as: Denia Park
Renovation Project (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 Scope of Services attached hereto as Attachment A. These
services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by 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 $251,600 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 A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. LANDSCAPE ARCHITECT shall proceed diligently with
the PROJECT to completion as described in the PROJECT schedule as set forth in
Attachment C.
SECTION 3
Terms of Payment
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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 C 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:
(1) with the professional skill and care ordinarily provided by competent landscape
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 3 of 19
architects 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 landscape architect.
C. Subsurface Investigations
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 landscape 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 A.
(1) 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
extend 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. Landscape Architect’s Personnel at Construction Site
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 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
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 4 of 19
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 A, 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 A.
(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
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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 5 of 19
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
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.
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 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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 6 of 19
compliance with the provisions of this section together with subsection (3) hereof. CITY
shall give subconsultant reasonable advance notice of intended audits.
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
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
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 landscape architect owns no vehicles, coverage for
hired or non-owned is acceptable.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 7 of 19
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
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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 8 of 19
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.
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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 9 of 19
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
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
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 10 of 19
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 C 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, 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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 11 of 19
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 C.
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.
regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisions
providing for contractor indemnification of the CITY and the LANDSCAPE ARCHITECT for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 12 of 19
(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 landscape 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.
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
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 13 of 19
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
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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 14 of 19
(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.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 15 of 19
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 during the term of
this AGREEMENT by governing bodies having jurisdiction or authority for such enactment.
No plea of misunderstanding or ignorance thereof shall be considered. LANDSCAPE
ARCHITECT AGREES TO 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
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.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 16 of 19
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
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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 17 of 19
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.
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
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 18 of 19
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 – Scope of Services
Attachment B – Compensation
Attachment C - Project Schedule
Attachment D - Location Map
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
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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
Teague Nall and Perkins, Inc.
Name
Title
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:
JESUS SALAZAR, INTERIM CITY
SECRETARY
By:______________________________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
7/19/2023
Director of Parks and Recreation
Parks and Recreation
7/19/2023
08/15/2023
2023-1044688
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
Teague Nall and Perkins, Inc., (CONSULTANT) shall render the following professional services (BASIC SERVICES) necessary for the development of the project.
ANTICIPATED SCOPE OF WORK:
‐ Design shall be based on primarily existing park layout and programming.
‐ Major emphasis of the scope of work will be grading as related to the playability of the softball fields, accessibility of
paved areas and proposed trails, as well as addressing erosion issues.
‐ Additional improvements site elements and programming as detailed below.
‐ Geotech, structural, electrical, and TAS/TDLR coordination also included.
GENERAL ASSUMPTIONS AND EXCLUSIONS: Below are shown the assumptions and qualifiers for the landscape architecture
scope of work found herein.
Assumptions:
Area of work is as shown in Attachment E, attached.
Total project budget is estimated to include approx. $3,500,000 of park improvements.
Includes coordination with appropriate consultant team members such as the client, structural, civil, and/or contractor as
appropriate.
Plans to include conduit for future lighting along trail.
Exclusions:
Community engagement, presentations, documents, or plans beyond those described herein or as required for “Special
Exceptions”, Variances or Zoning changes required by the CLENT.
Survey.
Multiple design alternatives beyond those “Submittals” described or significant site plan revisions following acceptance
at each given phase of review documents.
Irrigation design.
Electrical / lighting design.
BASIC SERVICES
I. PROJECT BASE IMPROVEMENTS:
a. Concrete:
i. Replace and straighten out sidewalks in common area between softball fields (Exhibit A #4).
ii. Mow-strips for softball outfield fencing.
iii. Install concrete for the maintenance gate entrances into the softball fields for mowers and other machinery needed for maintenance. (move gates internally instead of outside Exhibit A #5)
b. Softball Field:
i. Regrading of softball field to improve safety and maintenance conditions. 1% outfield slope & .65%
infield slope.
ii. Softball infield material from MasterTurf products. (or approved equal)
iii. Remove existing galvanized chain-link and replace with black vinyl chain-link, except for the
backstops. Will prefer mesh netting system as backstops along with 3-4ft tall concrete backstops with
padding.
iv. Provide engineered foundation details for mesh netting backstop poles.
v. Straighten out the foul poles.
vi. Identify & assess conditions to improve internal sidewalk connections. Existing tripping hazards,
and erosion issues.
vii. Remove trees located by Field 3. (duplicate from below)
viii. Install tiff-tuff grass for new field sod.
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Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
c. Landscaping
i. Parks and Recreation urban forester to provide tree species and location for trees to be added along
trail, medians in south parking lot.
d. Miscellaneous
i. New configuration and addition of irrigation throughout park & Fields – Plans to be provide by Park
Manager who is a Licensed Irrigator (not included in this scope).
ii. City provided irrigation plans to be incorporated into the final construction documents.
iii. City provided trail plans to be incorporated into the final construction documents.
iv. City provided landscape plans for areas outside of the softball fields to be incorporated into the final
construction documents.
v. Erosion Control Measures (SWPPP) Plan(s)
vi. Install conduit/sleeves along the trail for future lightning opportunities.
vii. Grading throughout the park where needed.
viii. Fix/drop the grade around the rec center building. Currently, the grade goes up to the bricks and
doesn’t show 6” of slab.
ix. Lab Testing Bid Item: Concrete Slump tests-subgrade density specs, and frequency tests
to be added to bid sheet.
II. PROJECT WISH LIST
a. Softball dugouts enhancements
b. Park Furnishings
i. Addition of drinking fountain around trailhead.
ii. Add trash receptacle/pads to trail.
iii. Benches around trails
iv. Interpretive kiosk sign at main entrances to highlight trails.
c. Regrade canopy area located between Rec Center and behind Field 4 (NE field) and add swale to fix erosion
issues. May need drop inlet to avoid runoff towards soccer field. Maybe landscaping improvements within
canopy area including tree border beds, rocks, type of seed mix can help.
d. Addition of trail lights to have the ability to be dimmable and motion capable. Options between bollard to 6-10ft
posts depending on fixture standard. Fixture must be dark sky compliant. Parks and Recreation currently
assessing potential lighting standards.
e. Add stone columns to the pavilion
f. Call-out dumpster enclosure on south parking lot
g. Pre-fab steel building to include a small maintenance building on south parking lot next to dumpster
enclosure.
h. Replace the galvanized playground fencing with black vinyl chain-link.
III. PROJECT DETAILS IDENTIFIED BY PARKS AND RECREATION STAFF.
a. Project Constraints:
i. Softball Fields used March-November (Need to provide Athletics team with appropriate dates for
closure to minimize the programming impact.)
ii. Existing u tilities on East side of park in between fields. (Area near new proposed
sidewalk)
iii. Ensure that the turf of softball fields will be stripped completely. Grow-in during
spring/summer (warm weather).
iv. Ensure bermuda is planted where there is no shade and zoysia palisades is planted
under all shade.
v. Add a swale between the NE softball field and live oaks and add zoysia sod under the live oaks
with temp irrigation in the spring so it will root in really well. We’ll need to trim the live oaks too
per day the zoysia requirements of sunlight using the photo tool.
vi. Regrade the north entrance common areas where the grade is too tall.
vii. We need to fix the irrigation heads that are sticking up or the grade around the heads is low.
b. Project Assumptions
i. Based on community feedback, community would like to see lights for safety. However, community
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
members have concerns of already having too many lights. Need to identify unique ways within
illumination plan.
ii. Don’t take out the 2 light pole footings that are at the multipurpose court on the north side. We’ll use them in the future.
iii. Spacing of trees, benches, trail markers, pet waste stations identified in Park Design Standards.
iv. Anticipate softball field closure November 15, 2023 - August 2024. May be pushed depending on construction document design timeline.
v. Lab tests for concrete & subgrade to be included in project manual/bid.
vi. Soil tests to be conducted by Park staff and sent to lab to determine whether field needs additives.
c. Risks/Concerns identified by Parks and Recreation staff.
i. Budget concerns. Project may need to be phased.
ii. Closure of fields being too long and will impact programming.
iii. Not being able to break ground this winter. Can impact anticipated construction timeline.
d. Softball Field Design Details identified by Parks and Recreation staff.
i. 1% outfield slope & .65% Infield slope on all four fields.
ii. Add to bid sheet - Project Information Sign, site security (perimeter fencing).
iii. Trees planted every 40 feet.
iv. Call-out chain link fencing for site security (within areas there are major drop offs or
dangerous situations).
v. Specify chain link fencing for tree protection at drip line of all trees.
vi. Master Turf (or approved equal) material for infield and Tiff Tuff grass for outfield.
vii. Drawings to follow Parks and Recreation and City of Denton design specifications and standards.
IV. GENERAL DELIVERABLES:
a. Provide itemized cost breakdown of services instead of lump-sum services.
b. Provide an itemized list of what’s included in the construction administration service.
c. The City of Denton will supply existing data related to the project site, to the planning and design team, as
available, for use during the site evaluation and design planning/potential phases of the project. In additional
Parks and Recreation will provide the departments specs and design manual of approved site furnishing
manufacturers such as benches, drinking fountains, bleachers, grills, trash cans, fencing, score boards, and
other standard park elements found throughout the park.
d. Necessary site investigation/data collection needed to begin design. Please provide line item for
coordination of Geo-Tech and Site Survey if City of Denton does not have a current or one on file.
e. Lead the department by interacting with the current staff for their insight and holding various meetings to
determine the vision and course for the development.
i. Project Design Meetings:
1. Preliminary - Initial Kick-off Meeting: One (1) meeting
2. Final Site Plan Meeting: One (1) meeting
3. 30%, 90%, 100% Design Review Meeting – Up to three (3) meetings
4. Coordination items with the City of Denton Development Services, franchise utility
companies and other entities as necessary. Tasks will include design review meetings,
submittal document reviews and general question and answer. Up to two (2) meetings.
ii. Construction Documentation and specifications to allow bidding and construction of site improvements
based on approved site plans by the City of Denton. Documents shall be a complete and correct set of
construction documents and specifications as defined below. Consultant shall prepare and provide
electronic copies of the plans (various formats) and shall be submitted at 30%, 90% and 100%.
Documents to be included should entail the following if applicable: Demolition Plans, Grading Plan, Softball
control plan and site amenities layout, landscape plan, irrigation plan (provided by City), Erosion control
plan, drainage plan, electrical plan, structural plan, technical specifications and project manual, and cost
estimate.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
iii. Prepare a cost estimate and project schedule at each construction documentation submittal
milestone following the recommended City of Denton format.
iv. ADA/TAS/RAS Accessibility Review
v. Additional items as identified by consultant to successfully complete project.
LANDSCAPE ARCHITECTURE ASSUMPTIONS AND EXCLUSIONS: Below are shown the assumptions and qualifiers for the landscape
architecture scope of work found herein.
Assumptions:
Area of work is as shown included with “Attachment E”.
The scope generally anticipates park design by the landscape architect for both hardscape and landscape improvements as described
herein.
Includes coordination with appropriate consultant team members such as the structural, civil, and/or contractor as appropriate.
As prime consultant, TNP will be responsible for submittal for TAS/ADA review.
Exclusions:
Presentations, documents, or plans required for “Special Exceptions”, Variances or Zoning changes required by the architectural or civil
design solutions chosen by the Owner.
Field identification or location of trees. The landscape architect assumes that the tree survey provided by the owner/civil will have the
pertinent information.
Multiple design alternatives beyond those “Submittals” described or significant site plan revisions following acceptance at each given
phase of review documents.
Irrigation design.
Subsurface drainage.
Site signage and/or signs for buildings and vehicular circulation.
SITES/LEED pursuit.
SUBMITTALS & COORDINATION MEETINGS: A Landscape Architect from Consultant will attend meetings and or presentations to
coordinate with other team members and the owner during the design phase. Plans and specifications will be submitted as outlined below
for Client and/or governmental review.
Included in this item:
Up to seven (7) team coordination or presentation meetings during the design phase of the project.
Official plan review submittals as follows:
One (1) Concept (10%) review submittal.
Deliverable: Color rendered plan, layout, sections, elevations or simple modeling to show design intent.
One (1) Schematic Design (30%) review submittal.
Deliverable: 22X34” B&W landscape site plan showing proposed softball field improvements, hardscape
and planting elements.
One (1) Design Development (60%) review submittal.
Deliverable: Softball Field Grading/Drainage, Hardscape Layout and Dimensioning, Hardscape
Grading/Drainage, Landscape Planting, Landscape Grading/Drainage, Landscape Irrigation, Site
Pedestrian Lighting, Sections/Elevations/Details.
One (1) Construction Document (90%) review submittal.
Deliverable: Advanced Design Development Drawings with technical specifications, quantities and
schedules sufficient for competitive bidding.
One (1) “For Bid and Permit” submittal.
Deliverable: Signed and Sealed Drawing Set and Technical Specifications.
One (1) “For Construction” submittal.
Deliverable: Signed and Sealed Drawing Set incorporating bid addendum or value engineering revisions.
Not included in this item:
Submittals for multiple early release permit drawings exceeding the total plan submittals described above.
SPORTS FIELD REFURBISHMENT: Consultant will provide design plans and specifications for the upgrade and refurbishment of the
sports fields located in Denia Park and illustrated in ‘Exhibit A’ and the items pertaining to it to city of Denton specifications with natural
turf. (Irrigation to be designed by Client.)
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
Included in this item:
Coordination of review and approval of the plans prepared as part of this item.
One (1) Plan showing dimensional layout of the sports field and any surface or integral markings on it.
One (1) Plan showing detailed grading plan for the sports fields.
One (1) Plan showing backstop replacement with netting structure.
One (1) Plan showing perimeter and outfield fence replacement with black vinyl fencing.
Coordinate water connections and supply, as required for field irrigation and maintenance with irrigation designer.
Dugout improvements.
Specifications and construction details for the field construction, connections, and installation.
Not included in this item:
Irrigation design.
Subsurface drainage.
HARDSCAPE PLAN SERVICES: Consultant will provide a Landscape Architecture Design services that consists of hard surface elements
of the site on the ground plane, excluding vehicular paving. Elements typically include grading and drainage, pedestrian paving, selection
and location of ornamental light fixtures as related to the pedestrian trails, pedestrian handrails, exterior stairs and ramps, site furniture,
fencing, mow curbs, shade structures and seat walls/retaining walls less than 36” in height.
Included in this item:
Coordination of City review and approval of plans prepared as part of this item.
Schematic Design: One (1) schematic option submitted for client review and coordination. One (1) board depicting critical sections,
elevations or three-dimensional aspects of the design necessary to demonstrate design intent. Following team review, one (1)
revision of the Schematic Design to incorporate client comments. An opinion of the probable construction cost will be provided.
Design Development: One (1) image board depicting proposed materials and design theme options. Plans to include one (1) Layout
Plan depicting horizontal alignment, one (1) Grading and Drainage Plan depicting the direction and location of site drainage for
natural surfaces outside of the parking lots and vehicular circulation that will be passed along and coordinated with the existing site
grading and drainage. Site Detail Plans depicting elevations and sections of key elements prepared as a part of this item. An opinion
of probable construction cost will be provided.
Construction Documents: Plans to include layout, grading and detail plans to a level sufficient to demonstrate design intent and
allow the construction thereof, including materials and quantity schedules. Technical specifications will be prepared for each critical
item in the Landscape Architectural Plans.
Coordination with the Civil Engineer to connect landscape drainage structures and features into existing overall site drainage plan.
Coordination with the Client in relation to the enhancements at entryways in relation to material, grades and amenities.
Coordination with Structural Engineer related to shade structures and footings, if required.
Not included in this item:
Retaining wall design for walls over 36” in total height, or with surcharges.
Vehicular pavement design and grading. Paving enhancement design for vehicular areas, if any, will be provided by the civil engineer
in the design development phase for incorporation into the vehicular paving plans.
SITES/LEED pursuit.
LANDSCAPE PLANTING PLANS: Consultant will provide a Landscape Planting Plan that consists of selection and location of natural turf
related directly to the interior of the softball fields.
Included in this item:
Coordination of City review and approval of plans prepared as part of this item.
Schematic Design: One (1) schematic plan submittal for client review and coordination. One (1) image board depicting proposed
plant materials and ornamental mulches/groundcovers.
Design Development: Plans to include one (1) Planting Plan depicting locations of plants with associated notes, quantities and
schedules. One (1) Planting Details Plan depicting soil preparation and amenities prepared as a part of this item.
Construction Documents: Plans to include planting and detail plans to a level sufficient to demonstrate design intent and allow the
construction thereof, including materials and quantity schedules. Technical specifications will be prepared for each critical item in
the Landscape Planting Plans.
Coordination with the Civil Engineer for any required grading of an ornamental nature to be included into the overall site grading
plan.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
Coordination with the Architect in relation to required sleeves for draining enclosed or raised planting structures.
Coordination with Structural Engineer related to allowable plantings and soil preparation adjacent to structural footings and slabs.
Not included in this item:
Trees or other landscape enhancements. Refer to city urban forester plans.
Paving, structural planters, walls, furniture, irrigation and other inorganic site elements.
TAS/TDLR COORDINATION: Consultant will prepare submittal paperwork and submit plans and specifications to a Registered Accessibility
Specialist (RAS) to be reviewed in accordance with the Texas Accessibility Standards (TAS); particularly, the Architectural Barriers Act.
Included in this item:
One (1) revision to the plans to respond to any deficiencies in the plans and specifications identified in the RAS plan review.
One (1) site visit with the RAS for the final site inspection.
Not included in this item:
Changes to plan sheets other than those representing deficiencies in the design identified by the RAS.
Fees for the review and inspection will be submitted as a reimbursable expense.
LANDSCAPE CONSTRUCTION ADMINISTRATION: Consultant will provide limited Construction Administration services by processing
change orders, construction change directives, pay apps, shop drawings, and product submittals, responding to RFIs, and issuing
supplemental instructions if required related to the work shown on the Landscape Architecture Plans. Submittals not required by the
contract documents or not related to plans developed by the Landscape Architect will not be reviewed. Items related to irrigation are not
included.
At the Client’s request, a representative will attend up to five (5) project coordination meetings that could include a preconstruction meeting
or regular Owner/Architect/Contractor (OAC) meetings during construction. At the request of the Owner and in conjunction with the OAC
meetings, Consultant will visit the site at critical junctures during the course of site construction up to five (5) times. Recommended times
for site visits could include:
Paving mockups and site formwork/reinforcing.
Soil preparation and finish grades prior to actual planting.
Substantial Completion Walk-Through.
Final Completion Walk-Through.
This shall not be construed as performing continuous construction inspection.
Please note the following:
Consultant shall not at any time supervise or have authority over any Contractor work or jobsite management procedures, nor shall
Consultant have authority over or be responsible for the means and methods, or procedures of construction selected or used by the
Contractor.
Consultant neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor’s failure to furnish
and perform the Work in accordance with the Contract Documents.
Consultant shall not provide or have any responsibility for surety bonding or insurance-related advice, recommendations, counseling,
or research, or enforcement of construction insurance or surety bonding requirements.
Consultant shall not be responsible for the acts or omissions of the Contractor or for any decision or interpretation of the Contract
Documents made by the Contractor.
While at the Site, Consultant's employees and representatives shall comply with the specific applicable requirements of the
Contractor's and Owner's safety programs of which Consultant has been informed in writing.
REIMBURSABLE EXPENSES: Included in this item are usual and customary expenses normally incurred during this type of project. These
could include travel expenses, courier delivery charges, overnight delivery charges, copies of deeds, copies of existing plans and/or maps,
photocopies, printing and reproduction (either in-house or by reproduction company). Application, review and filing fees are not included in this
item. A copy of our “Standard Billing Rates for In-House Reimbursable Charges” is attached for your reference.
RECORD DRAWINGS: Based on project construction records, maintained and provided by the Contractor, Consultant will prepare final Record
Drawings of the referenced project in conformance with City requirements. These drawings will rely solely on the information provided by the
Contractor and do not include irrigation. Field verification of actual construction is not included in this item. In the event the Contractor claims no
changes were made to the plans during construction, Contractor will provide a letter on their letterhead positively stating that all construction was
done per the construction documents.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page
SPECIAL SERVICES
STRUCTURAL ENGINEERING DESIGN: Consultant will provide structural review and detailed design for the project. The plan will be
completed by a Licensed Structural Engineer in the State of Texas. This item will include design of pier details, footings, foundations,
reinforcement, retaining walls and connections.
Exclusions:
1. Design of wastewater trunk lines and wastewater line profiles.
2. Irrigation design.
3. MEP electrical
4. Prefabricated building design including the foundation design.
5. Subsurface drainage and/or storm drain improvements beyond.
6. Traffic control plans.
7. Survey services.
8. Subsurface Utility Engineering services.
9. Geotechnical investigation.
10. Cultural or Historical Resource Assessment.
11. Environmental Assessment including wetland and waters of the US delineations.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page 1
ATTACHMENT 'B'
COMPENSATION
The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of $256,100 (Two
Hundred Fifty One Thousand Six Hundred dollars). The overall fee total shown shall not be exceeded without prior
written authorization from the CLIENT.
Payment for the services described in Attachment A Scope of Services shall be invoiced to the CLIENT monthly, based
upon the percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment
A Scope of Services:
DENIA PARK IMPROVEMENTS
Task Fee
Basic Services
Sports Fields $ 97,400
Hardscape $ 65,500
Landscape $ 8,000
TDLR/TAS Review $ 3,500
Subtotal $174,400
Project Wish List
Hardscape $ 45,000
Landscape $ 2,000
Subtotal $ 47,000
Construction Phase Services
Construction Administration $ 12,700
Record Drawings $ 2,000
Reimbursable Expenses $ 5,000
Subtotal $ 19,700
Special Services
Structural Engineering $ 10,500
Subtotal $ 10,500
Total Fee for Services $251,600
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page 2
Teague Nall and Perkins, Inc.
2023 Standard Hourly Rates
Effective January 1, 2023 to December 31, 2023
Hourly
Engineering/Landscape Architecture/ROW Billing Rate
Principal or Director $290
Team Leader $275
Senior Project Manager $270
Project Manager $230
Senior Engineer $280
Project Engineer $180
Senior Structural Engineer $285
Structural Engineer $200
Engineer III/IV $160
Engineer I/II $135
Senior Landscape Architect/Planner $280
Landscape Architect / Planner $200
Landscape Designer $140
Senior Designer $185
Designer $160
Senior CAD Technician $150
CAD Technician $120
IT Technician $180
Clerical $85
ROW Manager $250
Senior ROW Agent $185
ROW Agent $145
Relocation Agent $185
ROW Admin $100
Intern $80
Hourly
Surveying Billing Rate
Survey Manager $290
Registered Professional Land Surveyor (RPLS) $250
Field Coordinator $155
S.I.T. or Senior Survey Technician $150
Survey Technician $130
1‐Person Field Crew w/Equipment** $160
2‐Person Field Crew w/Equipment** $190
3‐Person Field Crew w/Equipment** $215
4‐Person Field Crew w/Equipment** $235
Flagger $60
Abstractor (Property Deed Research) $100
Small Unmanned Aerial Systems (sUAS) Equipment & Crew $450
Terrestrial Scanning Equipment & Crew $280
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page 3
Hourly
Utility Management, Utility Coordination, and SUE Billing Rate
Senior Utility Coordinator $180
Utility Coordinator $160
SUE Field Manager $180
Sr. Utility Location Specialist $180
Utility Location Specialist $110
1‐Person Designator Crew w/Equipment*** $155
2‐Person Designator Crew w/Equipment*** $200
2‐Person Vac Excavator Crew w/Equip (Exposing Utility Only) $320 (4 hr. min.)
Core Drill (equipment only) $800 per day
SUE QL‐A Test Hole (0 < 8 ft)**** $2,300 each
SUE QL‐A Test Hole (> 8 < 15 ft)**** $2,800 each
Hourly
Construction Management, Construction Engineering and Inspection (CEI) Billing Rate
Construction Inspector I/II $110
Construction Inspector III $135
Senior Construction Inspector $150
Construction Superintendent $185
Construction Manager $220
Senior Construction Manager $270
Construction Records Keeper $120
Direct Cost Reimbursables
A fee not to exceed 2% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or
separate accounting of these items will be performed by CONSULTANT.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client
by CONSULTANT to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to CONSULTANT’s billing rates above or cost
times a multiplier of 1.10.
* Rates shown are for 2023 and are subject to change in subsequent years.
** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Includes crew labor, vehicle costs, and field supplies.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page 1
ATTACHMENT C
PROJECT SCHEDULE
Upon receiving a notice to proceed the schedule will be developed within fifteen (15) business days. CONSULTANT shall
endeavor to accomplish the work in a timely manner in accordance with a schedule based on the magnitude of the task as
coordinated with the Client.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Project Name: Denia Park Improvements
Client: City of Denton
TNP Project #: DEN Page 1
ATTACHMENT 'D'
PROJECT AREA
Project area is defined by the area outlined in red on the image below.
DocuSign Envelope ID: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
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: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Teague Nall and Perkins, Inc.
7/19/2023
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: 997E43F4-9B96-4CBA-BAD9-EF38F906691B
Certificate Of Completion
Envelope Id: 997E43F49B964CBABAD9EF38F906691B Status: Completed
Subject: Please DocuSign: City Council Contract 7850-007 Denia Park Reno Project
Source Envelope:
Document Pages: 34 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: 198.49.140.104
Record Tracking
Status: Original
6/29/2023 4:10:35 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 6/29/2023 5:11:51 PM
Viewed: 6/29/2023 5:12:01 PM
Signed: 6/29/2023 5:13:18 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 6/29/2023 5:13:20 PM
Resent: 6/30/2023 8:31:58 AM
Viewed: 7/3/2023 7:56:37 AM
Signed: 7/3/2023 7:57:39 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: 198.49.140.10
Sent: 7/3/2023 7:57:41 AM
Viewed: 7/12/2023 9:39:04 AM
Signed: 7/12/2023 10:23:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nicholas Nelson
nnelson@tnpinc.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 107.167.223.98
Sent: 7/12/2023 10:23:50 AM
Resent: 7/13/2023 1:41:53 PM
Resent: 7/17/2023 3:04:29 PM
Resent: 7/18/2023 12:48:24 PM
Viewed: 7/19/2023 7:10:49 AM
Signed: 7/19/2023 7:12:59 AM
Electronic Record and Signature Disclosure:
Accepted: 7/19/2023 7:10:49 AM
ID: 1453429b-4bfe-409f-a746-0795b8d5e867
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: 7/19/2023 7:13:02 AM
Viewed: 7/19/2023 11:21:02 AM
Signed: 7/19/2023 11:21:27 AM
Electronic Record and Signature Disclosure:
Accepted: 7/19/2023 11:21:02 AM
ID: d1f62857-9059-4b2b-a46b-4691a87140ce
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/19/2023 11:21:29 AM
Viewed: 8/16/2023 8:22:35 AM
Signed: 8/16/2023 8:22:59 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/16/2023 8:23:03 AM
Viewed: 8/16/2023 8:24:21 AM
Signed: 8/16/2023 8:24:28 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/16/2023 8:24:31 AM
Viewed: 8/16/2023 10:07:05 AM
Signed: 8/16/2023 10:07:51 AM
Electronic Record and Signature Disclosure:
Accepted: 8/16/2023 10:07:05 AM
ID: 2c789e26-159b-4075-bd44-d19c0d8254ec
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: 6/29/2023 5:13:20 PM
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: 7/19/2023 11:21:30 AM
Viewed: 7/20/2023 8:40:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 8/16/2023 10:07:54 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: 8/16/2023 10:07:55 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 6/29/2023 5:11:51 PM
Envelope Updated Security Checked 7/19/2023 11:34:22 AM
Certified Delivered Security Checked 8/16/2023 10:07:05 AM
Signing Complete Security Checked 8/16/2023 10:07:51 AM
Completed Security Checked 8/16/2023 10:07:55 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
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required notices and disclosures electronically from us and you will no longer be able to use your
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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: Nicholas Nelson, Gary Packan, Jesus Salazar
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
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To let us know of a change in your e-mail address where we should send notices and disclosures
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To request delivery from us of paper copies of the notices and disclosures previously provided
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To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
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