8630 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
Not Applicable
Boating Access Grant Boat Dock-Kayak Launch
Erica Garcia
8630RFQ
N/A
SEPTEMBER 30, 2025
25-1710
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22
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CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and CEI Engineering Associates, Inc. with its corporate office at 3030 LBJ
Freeway, Suite 920, Dallas, TX 75234 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Kayak Launch & Courtesy Dock
Design (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as 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 ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $90,000 in the manner and in accordance
with the fee schedule as set forth in Attachment A. 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. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No interest
will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER 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
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PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation
from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
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.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. 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. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
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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. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation 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
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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 ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’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: ENGINEER and
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ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
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facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
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a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
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right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
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Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 23-1165 and in
the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. 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
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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
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.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services, Compensation, Project Schedule & 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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Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
CEI Engineering Associates, Inc.
Authorized Agent, Title
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
President/CEO
Jeff Geurian
2025-1358958
09/30/2025
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22
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ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
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: _______________________________
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
Director of Parks and Recreation
Parks and recreation
08/20/2025
City of Denton
North / South Lakes Kayak Facilities
Proposal for Professional Consulting Services
May 7, 2025
CEI # 93000 - 10103
3030 LBJ Freeway, Suite 920
Dallas, TX 75234 / (972) 488-3737 CEI Contact: Ryan Evitts, Dept. Manager (revitts@ceieng.com)
I.PROJECT DESCRIPTION
Thank you for the opportunity to present this professional services agreement for Landscape
Architecture and Engineering services for the City of Denton (Client) kayak launch at the South
Lakes and North Lakes Parks respective.
The scope of work and project locations as indicated in the 8630 RFQ Scope of Work and discussed
with the Client on March 5th are to include:
•South Lakes Park: 556 Hobson Lane, Denton, TX 76205
o Survey, regulatory and environmental permitting, and design documents for ADA sidewalk
connection (to navigate pond dam) and kayak launch.
•North Lakes Park: 2001 W Windsor Drive, Denton, TX 76201
o Survey, regulatory and environmental permitting, and design documents for new ADA
parking stall(s), sidewalk connection to proposed kayak launch.
The following assumptions have been made during the development of this proposal.
•Existing survey is not available and CEI will survey proposed improvement areas.
•Existing site base information is available in compatible CAD format, if unavailable CEI will
develop using aerial imagery.
•Connections to or extension of existing utility infrastructure are not required.
This proposal is structured to include Scope of Basic Services and Scope of Additional Services.
Basic Services are believed to be the primary Client need under the Phase I Planning and Design
Allowable Costs of the Texas Parks and Wildlife Boating Access Grant Program supplemental
information. Information developed in the basic services phase are understood to be used by the
Client to request Phase II funding authorization for construction related activities.
All fees for consulting services are provided as a lump sum and exclude reimbursable expenses
unless specifically indicated otherwise. Reimbursable expenses have been projected based on
similar projects.
II.SCOPE OF BASIC SERVICES
A.Topographic Survey
CEI to perform a Topographical Survey of proposed site improvement areas as shown in
Exhibits A-B, consisting of 1’ contours derived from a digital terrain model and shown in
accordance with the National Mapping Standards. Topographic survey will include above-
ground physicals and underground utilities. Location of underground utilities will be based
on evidence found during the survey, markings by One Call service, and utility plans
provided by Client.
North Lakes .......................................................................................................................... $ 6,000.00
South Lakes ......................................................................................................................... $ 6,000.00
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
2
B. Environmental / Cultural Resource Permitting Compliance
CEI will retain Integrated Environmental Solutions, LLC to fulfill environmental permitting
requirements as outlined by the Texas Parks and Wildlife Boat Access Grant Program
including obtaining all necessary permits to ensure compliance with federal, state, and local
regulations per Attachment A: Scope of Services. The attachment provides a full list of
services provided by IES.
North Lakes .......................................................................................................................... $ 7,300.00
South Lakes ......................................................................................................................... $ 7,300.00
C. Construction Plans/OPCC/ Specifications/Stormwater PPP (SWPPP)
30% Schematic Design
Preparation of schematic design based on Client provided site programming, survey, and
other publicly available data and resources. Schematic design will be coordinated with
various agencies for initial comment regarding permitting requirements and workflow
process. CEI will provide a project narrative and summary of environmental and regulatory
permitting requirements and 30% plans to include cover sheet, site plan, limited grading, and
preliminary manufacture details. A 30% Opinion of Probable Construction Cost (OPCC) will
be developed and provided for Client Review.
Construction Plans & OPCC Updates
Upon review and approval of 30% schematic design CEI will prepare construction plans and
associated details. Plans and opinion of probable construction cost will be submitted for
Client review at 60% and 90% completion milestones. (If an alternate design is requested
after 60% plan approval, revisions will incur additional fees, subject to negotiation with the
Client prior to commencing work.)
Upon client approval of 90% document review, plans will be submitted for internal City
review. All final design review comments will be addressed in this phase, leading to the
approval of the 100% plans.
Specifications & Stormwater PPP (SWPPP)
Scope to include development of construction specifications and required documentation for
a Small Site Notice for construction projects that disturb less than 5 acres of land as required
by Texas Commission of Environmental Quality. We anticipate the primary construction
activity to be less than 1-acre; however, site access routes and material staging will likely
require expanded limits of disturbance requiring a Small Site Notice.
Permitting / Coordination / Project Administration
CEI will provide comprehensive project management and coordination services throughout
the project, including regular meetings with the Client and relevant stakeholders to ensure
the project is progressing according to schedule and meeting all design and budgetary
expectations. These meetings may occur in person, via video conference, or through other
agreed-upon communication methods. Additionally, CEI will provide all necessary
administrative support, including document management, project scheduling, and
coordination with sub-consultants and regulatory agencies.
Plans, and applicable permitting information will be submitted to Authorities Having
Jurisdiction for review and approval including but not limited to: City of Denton, USACE,
TCEQ, and TDLR/RAS.
North Lakes ........................................................................................................................ $ 20,400.00
South Lakes ....................................................................................................................... $ 24,400.00
ATTACHMENT A
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City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
3
D. Reimbursable Expenses
The scope of services listed above is intended as fee only and does not include
reimbursable expenses such as application fees, reprographics, postage, mileage, etc. See
Section VI of this agreement for an explanation of reimbursable expenses that may be
incurred during production of project documents and permitting approval.
North Lakes ................................................................................................................................ $2,800
South Lakes ............................................................................................................................... $2,800
North Lakes Total Basic Service Fees............................................................................. $ 36,500.00
South Lakes Total Basic Service Fees ............................................................................ $ 40,500.00
III. SCOPE OF ADDITIONAL SERVICES (AS REQUIRED)
CEI is available to provide the below listed services based on award of Phase II grant
funding or as directed by Client. These services are not interpreted to be completed as part
of Phase I; below scope segments and descriptions are provided as a courtesy. Final scope
definition and fee will be negotiated with the Client at a later date.
A. Bidding and Contract Negotiations
CEI will provide required bidding support as requested by Client. Services to include
bidding, coordination and administration, review of contractor qualifications, and
recommendation of award. We assume bidding with be done by/for Client. If bidding is to be
done through an outside entity, additional cost will be required.
Fees .............................................................................................................................................. $ TBD
B. Construction Observation and Administration
CEI is available as needed by Client to provide limited construction observation and
administration during the construction phase of this project. Said services, which may also
include Client-directed plan changes or other revision, shall commence upon final approval
by the jurisdictional authorities. Required site observation for this project is anticipated to be
minimal; the scope of services estimated below may be adjusted for more frequent site visits
as requested by Client. Such services may include but are not limited to pre-construction
meetings with governmental entities or project team, reviewing contractor submittals,
responding to contractor requests for information, construction observation as requested or
required by the municipality, project record drawings, and final project site closeout as may
be required.
Construction staking and as-built surveys are not included in this proposal, but those
services are available to the Owner or Contractor upon request as an additional service.
Fees .............................................................................................................................................. $ TBD
Construction Administration fees are charged only for services related to contractor support,
such as responses to Requests for Information (RFIs) or coordination of services such as
testing or municipal inspections, services or revisions as requested by Client, or as required
for jurisdictional acceptance. Fees are based on the established construction duration and
miscellaneous administration expenses.
ATTACHMENT A
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City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
4
IV.RESPONSIBILITY OF CLIENT
Client shall provide to CEI, the following items:
A.Retainer
No retainer is required for this project. A credit limit has been established for Client on this
specific project and timely payments are required in order to avoid a cessation of work. This
retainer shall be held and then applied to the final bill of this project. Payment for services
shall not be dependent on receipt of reimbursement from other parties.
B.Project Documents
Client shall provide the following:
1.Any prior topographic survey in compatible AutoCAD format.
2.Existing base maps in compatible AutoCAD format if available.
3.Environmental Site Assessment (ESA) Report(s) associated with prior work.
4.Geotechnical Investigation Report with site grading and pavement recommendations.
C.Lien Releases
If the Client requests lien releases, the Client shall be responsible for the administrative
costs, associated with processing lien releases at a rate of $100.00 per release.
D.Engineer’s Consent to Assign Documents
If the Client or the Client’s financial institution requests an Engineer’s Consent to Assign
Document (or similar), the Client shall be responsible for the administrative costs associated
with the processing and the added risk to CEI or the inability to control such risk imposed by
non-contractual financial entity’s consignment documentation, at a cost of $1,000.00 per
consent document. Execution of this agreement does not limit CEI’s right to negotiate an
assignment that is fair and reasonable for itself and the Client, nor does it guarantee
agreement to all assignment terms.
V.SERVICES NOT INCLUDED / ADDITIONAL SERVICES
In addition to the services described above, CEI is capable and available to provide the following
services on an “as requested” basis. An Extra Work Authorization (EWA) form or contract
amendment will be issued for any services outside the scope of this proposal. All EWA’s or contract
amendments will be approved and signed by the Client identified herein prior to beginning work. All
additional services will be performed on an hourly basis per the current Schedule of Charges.
•Preparation of perspectives, and models
•Preparation/presentation of conditional or special use permit applications
•Obtaining new or updated title policies
•Platting/replatting
•Preparation of easement and right of way documents, including new and vacations/abandonments
•Preparation of covenant and development agreements
•Design and plan preparation for major stormwater drainage improvements or relocations (e.g. box
culverts, large ditches, and storm sewers greater than 4-foot in diameter)
•Preparations of flood studies, elevation certificates, FEMA applications or permits
•Design and plan preparation for offsite utility extensions other than those immediately adjacent to
the project site
•Design and plan preparation for offsite street improvements, such as road widenings,
acceleration/deceleration lanes, and medians (design/plans for both curb cuts and municipal
sidewalks along the site frontage will be included in the basic services for design projects)
•Preparation of retaining wall design/plans
•Photometric design/preparation of site lighting plans
•Construction staking
•As-built survey/preparation of final record drawings
Boundary Issues
Boundary determinations often disclose unseen or unknown conflicts between record documents
and/or the location of physical improvements. Thus, in the process of conducting the research, field
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
5
work, and/or analysis, if the surveyor identifies a possible boundary or title conflict, a sketch showing
the revealed conditions will be prepared and a meeting with the client and affected neighbors (if
desired) will be scheduled. Following the meeting, if the client wishes to engage the surveyor to
assist in pursuing resolution of the problem as a consultant, expert and/or formal or informal
mediator, the contract will be modified accordingly. Otherwise the client will be invoiced only for the
time expended to that point, and work on the survey will be suspended until or unless the client is
able to resolve the issue by agreement or litigation, at which time a subsequent contract may be
executed to complete the survey pursuant to that agreement or litigation.
VI.SCHEDULE OF CHARGES
Charges for our services are divided into three categories: Labor, Consultants, and Reimbursable
Expenses.
LABOR: For fees billed on an hourly basis, labor charges are billed by category as follows:
CEI (02-01-25)
Officer / Branch Manager $ 245.00
Department Manager $ 225.00
Client Sector Leader $ 215.00
Senior Project Manager $ 215.00
Program Manager $ 205.00
Project Manager $ 190.00
Assistant Project Manager $ 150.00
Senior Project Engineer $ 210.00
Project Engineer $ 180.00
Assistant Project Engineer $ 145.00
Civil Designer $ 135.00
Registered Landscape Architect $ 165.00
Lead Landscape Designer $ 135.00
Landscape Designer $ 130.00
Project Surveyor $ 175.00
Assistant Project Surveyor $ 140.00
Survey Project Manager $ 170.00
Assistant Survey Project Manager $ 135.00
Sr. Survey Party Chief $ 125.00
Survey Party Chief $ 100.00
Survey Technician $ 110.00
Field Specialist $ 90.00
Senior Project Designer $ 165.00
Project Designer $ 135.00
CAD Designer $ 115.00
CAD Technician $ 100.00
Construction Manager $ 150.00
Construction Observer $ 115.00
Land Acquisition Manager $ 165.00
Land Acquisition Agent $ 140.00
Project Coordinator $ 130.00
Program Assistant $ 95.00
Administrative Assistant $ 80.00
SUB-CONSULTANT SERVICES: In cases where CEI retains another consultant to provide services
outside of our area of practice, cost of such services will be charged at 110% of actual invoice cost.
REIMBURSABLE EXPENSES: Outside services, and related materials, will be charged at the actual
invoice cost. In addition, direct out-of-pocket costs such as postage, delivery services, travel (other than
vehicle mileage), and subsistence expenses will be charged at actual costs. Vehicle mileage is billed at
the applicable I.R.S. rate allowed per mile.
ATTACHMENT A
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City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
6
All impact, permitting, expediting, and review fees will be charged at 15% over the cost of the fee unless
the client is willing to pay those fees directly to the service provider.
REVENUE RECOGNITION
The intellectual services and resulting instruments of service (Scope of Basic Services and any
subsequently agreed amendments or additions) provided by this Agreement whether in various stages
of completeness or in whole are considered earned by CEI in its performance obligation to Client as
prescribed by said Agreement and deemed usable by Client at the time they are earned, cost incurred,
and progressively billed. Further, at time of received payment from Client, Client acknowledges its
possession of, acceptance, and confirms its legal right to use said intellectual services and resulting
instruments of service, in part or in whole, for the specific intent they were provided.
VII.CREDIT POLICY
Invoices will be rendered monthly, either as final or progress billing. CEI payment terms are net
30 days. Invoices past 30 days due will be subject to a monthly service charge, which will be
assessed in compliance with state usury laws. Should the account be placed for collection with an
outside collector, the cost of such collections will be added to the principal amount owed. CEI
may stop work on any account that is 60 days delinquent. In the event that CEI elects to stop work
as provided herein, Client will be assessed a resumption of work charge equal to 20% of the
total contract amount. Said resumption of work charge and all outstanding invoices must be
paid in full by Client prior to the resumption of work on the project. Client agrees that the balance
as stated on the invoice from CEI to Client is correct, conclusive, and binding on the Client unless
Client within thirty (30) days from the date of the receipt of the invoice notifies CEI in writing of the
particular item that is alleged to be incorrect.
ATTACHMENT A
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City of Denton
North / South Lakes Kayak Facilities
May 7, 2025
10
VIII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED
Execution of this document in all required locations shall form the entire Professional Services
Agreement between the Client and CEI. This Proposal and Agreement shall be executed by both
parties, with both parties receiving a fully executed copy thereof. A copy of the executed Agreement
shall be equally binding as the original.
In the event that the Client issues a notice to proceed to CEI prior to the execution of this contract,
the Client acknowledges that the services rendered by CEI will be in accordance with the terms and
conditions contained in this proposal.
In the event that the Client instructs services on the contract/agreement to be on hold for a period
greater than forty-five days, Client acknowledges that CEI will not proceed until a new contract
between CEI and the client can be executed.
This proposal shall become null and void if signatures have not been obtained within forty-five days of
proposal date. If authorization to proceed is not given after the proposal has been executed said
agreement will become null and void within forty-five days of the date of the Client’s signature.
The following is the complete Contracting Entity (Client) name and address that is responsible for
this contract, its terms and conditions, and for payment of CEI invoices:
Contracting Entity Name (Client) include its business structure of INC, LLC, LP, etc.
Responsible for contract terms, conditions, obligations and payment
Complete mailing address for invoicing and/or receiving notification (Street / PO Box/ Suite number, if required)
City / State / Zip
Complete Phone Number
Signature - legally authorized to bind Print Name Title Date
Contracting Entity
Signature, CEI Engineering Associates, Inc. Print Name Title Date
Ryan Y. Evitts Department Manager 05/07/2025
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
City of Denton
Denton, TX/Kayak Lake Parks (N&S)
March 17, 2025
9
EXHIBIT A
North Lake Kayak Park-approximately 5.8 acres
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
City of Denton
Denton, TX/Kayak Lake Parks (N&S)
March 17, 2025
10
Exhibit “B”
South Lake Kayak Park-approximately 5.0 acres
ATTACHMENT A
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23 March 2025 Attachment A: Scope of Services
Page 1 of 3
Location
The proposed project is associated with proposed park improvements within North Lakes Park and South Lakes Park in the City of Denton. The proposed projects are associated with installing ADA accessible kayak launches and associated parking and sidewalks. North Lakes Park is located at 2001 West Windsor Drive and South Lakes Park is located at 556 Hobson Lane. Integrated Environmental Solutions, LLC (IES) was the project limits on 20 March 2025, which are illustrated in yellow on the below graphic.
North Lakes Park – Yellow Depicts Project Area
South Lakes Park – Yellow Depicts Project Area
ATTACHMENT A
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23 March 2025 Attachment A: Scope of Services
Page 2 of 3
Introduction
Cultural Resources
As the City of Denton and Texas Parks and Wildlife Department are political entities of the State of Texas, it is required to comply with the Antiquities Code of Texas (ACT). The ACT was passed in 1969 and requires that the Texas Historical Commission (THC) staff review an action that has the potential to disturb historic and archeological sites on public land. Actions that need review under the ACT include any project that will have cumulative ground-disturbing activities greater than 5 acres or 5,000 cubic yards on land owned or controlled by a state political subdivision and include easements on private property. For example, projects that could require review include reservoirs constructed by river authorities and water districts; construction of recreational parks or the expansion of existing facilities by city governments; energy exploration by private companies on public land; and construction by a city or county government. However, if the activity occurs inside a designated historic district, affects a recorded archeological site, or requires onsite investigations the project will need to be reviewed by the THC regardless of project size.
Clean Water Act
Jurisdictional waters of the United States are protected under guidelines outlined in Sections 401 and 404 of the Clean Water Act (CWA), and in Executive Order 11990 (Protection of Wetlands). The U.S. Army Corps of Engineers (USACE) has the primary regulatory authority for enforcing Section 404 requirements for waters of the United States, including wetlands. According to the 2023 Supreme Court of the United States Sackett Decision waters of the United States include:
•All relatively permanent waters connected to a traditional interstate navigable waters, and
•All wetlands that have a continuous surface connection with that water, making it difficult to determine where the ‘water’ends and the ‘wetland’ begins.
The 2007 USACE and EPA guidance defined a “relatively permanent water” will be used. According to this guidance relatively permanent waters are non-navigable tributaries of traditional navigable waters that flow year-round or have continuous flow at least seasonally (e.g., typically three months).
Activities requiring construction (i.e., earthwork, placing fill, excavating, constructing dams, diverting creeks, channelizing creeks, etc.) within waters of the United States generally require a permit from the USACE. The type of permit depends upon the activity and the water resources affected. Typical permits include Nationwide Permits, Regional General Permits, Letters of Permission, and Individual Permits, ranked from simple to complex, respectively.
Description of Services
Task 1 – Cultural Resources Desktop Analysis and THC Coordination
Per the requirements of the Antiquities Code of Texas, projects with more than 5,000 cubic yards of ground disturbance require review by the THC. Coordination with the THC will be through the submittal of a desktop analysis, which will provide analysis and information pertaining to:
•Project location and design,
•Soils;
•Topography and geology;
•Known archeological sites, National Register properties and districts, historic-aged buildings and structures,cemeteries, and historical markers within the project area;
•Previously conducted archeological surveys within one-mile of the project area;
•Cultural resources probability assessment; and
•Recommendations
As a result of the coordination established through Task 1, the THC will state whether: 1) a historically significant site is likely to be present at the project location, 2) additional action, if any, is needed to protect the site, and 3) an archeological survey is necessary. It is anticipated that the proposed projects will receive a Concurrence that No Historic Properties will be Affected.
Task 1 - Waters of the United States Delineation and USACE Coordination IES will provide professional services to delineate all waters of the United States, including wetlands, within the project site. IES wetland ecologist will delineate the jurisdictional limits of the streams based on 33 Code of Federal Regulations (CFR) 328.3[e] and delineate the jurisdictional limits of any wetlands based on the 1987 USACE Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0), and any current Regulatory Guidance Letters. The boundaries of all of these water features identified in the field will be recorded with a Global
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
23 March 2025 Attachment A: Scope of Services
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Positioning System (GPS) that is capable of sub-meter accuracy. After the delineation is completed, IES will digitize these waters of the United States for use by the client for planning, impact calculation, and illustration purposes. This delineation will be provided to the engineer/client for inclusion in their engineering plans to avoid and minimize impacts to waters of the United States (if any are present on the site). The deliverable for this task is a delineation report that includes methods, results, and conclusions, along with the necessary data forms, photographs, maps, and a delineation map. The conclusion of this report will detail why any water features on the site are or are not considered waters of the United States.
It is anticipated that the proposed project will not have a regulated activity (i.e., there is no anticipated dredged or fill material to be discharged into waters of the United States. As such, IES will draft a letter to the USACE that summarizes the delineation of waters of the United States, proposed activities, and request the USACE review the project and conclude “No Permit Required” determination.
Information Furnished by Client
The client (or its representative) will provide a site plan; parking and sidewalk layouts, profile and cross-section; digital boundaries; and rights of entry to the project.
Special Conditions
This cost proposal is valid if it is executed within 60 days of proposal date.
This scope of services only covers the project area and scope described herein and does not provide for extensions, or expansions. If any changes are made to the project area and scope of services, IES reserves the right to change and resubmit a revised cost proposal.
This scope of services assumes that the THC will concur that no survey is required; therefore, conducting a pedestrian survey for cultural resources is specifically excluded. Similarly, this scope of services assumes that there will not be a regulated activity and as such IES will not prepare a Preconstruction Notification to the USACE. Finally, IES assumes that the City of Denton will not require the project to map the Environmentally Sensitive Areas (ESA) or prepare an Alternate ESA plan for the project; these are specifically excluded from this scope.
This scope of services assumes that there are no federal nexus (i.e., Section 404 of the Clean Water Act permitting) will be required for the project. Also, this scope of work assumes that there will not be any excavations for deeply buried sites required (i.e., backhoe trenching).
The client is responsible for securing ROE for the pedestrian survey for all portions of the project area prior to IES being given notice-to-proceed (NTP) with fieldwork.
Cost
Compensation for the following services will be based on the firm fixed rate schedule below.
North Lakes Park Task 1 – Cultural Resources Desktop Analysis and THC Coordination $2,800.00 Task 2 – Waters of the United States Delineation and USACE Coordination $3,500.00
South Lakes Park Task 1 – Cultural Resources Desktop Analysis and THC Coordination $2,800.00 Task 2 – Waters of the United States Delineation and USACE Coordination $3,500.00
ATTACHMENT A
Docusign Envelope ID: 61237302-0E8E-44E8-8BCF-72808BE320D2
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: 61237302-0E8E-44E8-8BCF-72808BE320D2
CEI Engineering Associates, Inc.
X
X
8/11/2025
X
X
not applicable
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: 61237302-0E8E-44E8-8BCF-72808BE320D2
Certificate Of Completion
Envelope Id: 61237302-0E8E-44E8-8BCF-72808BE320D2 Status: Completed
Subject: Please DocuSign: City Council Contract 8630 Boating Access Grant Boat Dock-Kayak Launch
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erica.garcia@cityofdenton.com
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Jeff Geurian
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President/CEO
CEI ENGINEERING ASSOCIATES, INC
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Gary Packan
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Director of Parks and Recreation
Parks and Recreation
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Cheyenne Defee
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Sara Hensley
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Ingrid Rex
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Deputy City Secretary
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City of Denton
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Gretna Jones
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Cheyenne Defee
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jeff Geurian, Gary Packan
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