20-1065ORDINANCE NO. 20-1065
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC., FOR CONSULTING
SERVICES AND TO DEVELOP A MASTER PLAN FOR SOUTHWEST PARK FOR CITY OF
DENTON AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7170 — PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING SERVICES AWARDED TO TEAGUE NALL
AND PERKINS, INC., IN THE NOT -TO -EXCEED AMOUNT OF $198,800).
WHEREAS, Teague, Nall and Perkins, Inc., the professional services provider (the
"Provider") set forth in this ordinance is being selected as the most highly qualified on the basis of its
demonstrated competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to enter into a professional service contract
with Teague Nall and Perkins, Inc., for consulting services and to develop a master plan for
Southwest Park for City of Denton as set forth in the contract, a copy of which is attached hereto and
incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, expressly delegates the authority to
take any actions that may be required or permitted to be performed by the City of Denton under this
ordinance for Consulting Services and to develop a master plan for Southwest Park for the City of
Denton, to the City Manager of the City of Denton, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this prdinance was made by 4Ct k % and seconded by
the ordinance was passed ar&pproved by the following
vote [ -
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
ATTEST:
ROSA RIOS, CITY SECRETARY
Aye Nay
—�L
Abstain Absent
i" day of , 2020.
0
CH WATTS, MAYOR
I
BY: :P-pCt-A� &
[ tT%xT1 Cwt SVS G trt
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:-)4iL
N
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
FILE
7170
File Name
southwest Park Master Plan
Purchasing Contact
Laura Hermosillo
City Council Target Date
June 16, 2020
Piggy Back Option
Not Applicable
Contract Expiration
NSA
Ordinance
20-1065
DS
VD
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7170
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the "Agreement') is made and entered into on
06/16/2020 , by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER" and Teague Nall and Perkins, Inc., with its
corporate office at 5237 N Riverside Dr., Ste. 101, Fort Worth, TX 76137 hereinafter called
"CONSULTANT," acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, a master plan for Southwest Park, as
described in Exhibit A which is on file at the purchasing office and incorporated herein
(the "Project').
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
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A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER'S RFQ 7170 — Southwest Park Master Plan Project, which is on file at the
purchasing office and made a part hereof as Exhibit A as if written word for word herein.
B. To perform all those services set forth in CONSULTANT's proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B which shall be attached to this Agreement and made a part
hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit C.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
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ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit B. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. "Direct Non -Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit C which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non -labor expenses not to exceed $198,800.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
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Revised Date: 9/11/18
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C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit C. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff,
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days' written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, "Compensation," there is a bona fide
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro -forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
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Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT
shall maintain insurance in compliance with the requirements of Exhibit D which is
attached hereto and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party's disagreement may include the other
party to the disagreement without the other's approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
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will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT:
Teague Nall and Perkins, Inc.
Bill Smith, RLA
5237 N. Riverside Dr., Suite 100
Fort Worth, TX 76137
To OWNER:
City of Denton
Purchasing Manager —File 7170
901B Texas Street
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XIV
ENTIRE AGREEMENT
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This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
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CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A — RFQ 7170 — Master Plan for Southwest Park for the City of Denton (on file
at the purchasing office)
Exhibit B — Consultant's Scope of Services Offer and Project Schedule
Exhibit C — Consultant's Compensation Rate Sheet
Exhibit D — Consultant's Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas -Sherman Division.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Bill Smith, RLA. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
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steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. 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.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
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Revised Date: 9/11/18
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ARTICLE XXIV
Prohibition On Contracts With Companies Boycotting Israel
Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this agreement, Supplier certifies that Supplier's signature
provides written verification to the City that Supplier: (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.
ARTICLE XXV
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a
Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with companies
that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Supplier certifies that Supplier's signature provides written verification to the City that
Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not
become ineligible to receive payments under this agreement by doing business with Iran,
Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
ARTICLE XXVI
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/whatsnew/elf info forml295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasinggcityofdenton.com with the contract number in the subject
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line. (EX: Contract 1234 —Form 1295)
The OWNER 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.
ARTICLE XXVII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
defined in the City's Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics).
Any willful violation of this section shall constitute impropriety in office, and any officer or
employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the knowledge, expressed or implied, of the Contractor shall
render the Contract voidable by the City. The Contractor shall complete and submit the City's
Conflict of Interest Questionnaire.
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IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date 06/16/2020
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned
by:
A�A.Aj�mATUX
AV(�
Packan, Gary
CITY OF DENTON, TEXAS
"OWNER"
DocuSigned'by.: ,•-
B776C711 BAOD454...
PRINTED NAME TODD HILEMAN, CITY MANAGER
Director of Parks and Recreation
TITLE
Parks and Recreation
DEPARTMENT
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: FDocuSigned by:
M4&k feinw.,nJL
7F9G328BF0204E5...
ATTEST:
CITY
S�iUTARY
BY:
-eseAsesel�s�s ..
TEAGUE NALL AND PERKINS, INC.,
A TEXAS CORPORATION
"CONSULTANT"
E
DocuSigned by:
Bill Smith, RLA
5fi Ec" 12DR1 4-[19
BY: BILL SMITH, RLA
ITS: Director of Landscape Architecture
Services, Associate
2020-621494
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 12 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Exhibit A
RFQ 7170 — Master Plan for Southwest Park for the City of Denton
(on file in the purchasing office)
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 13 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
tnp
League nail & perkins www.tnpinc.com
engineers
surveyors
Exhibit B landscape architects
SCOPE OF BASIC SERVICES
PROJECT NAME: Denton Southwest Park Master Plan
TNP PROJECT NO: DEN 19433
OWNER: City of Denton
Procurement Dept.
ADDRESS: 901 B Texas Street
Denton, TX 76205
The City of Denton (the OWNER) hereby requests and authorizes Teague Nall and Perkins,
Inc., (the CONSULTANT) to perform the following services: Prepare a Park Master Plan for the
proposed 200 -acre site currently known as Southwest Park in Denton, Texas:
Scope: A detailed SCOPE OF BASIC SERVICES is included as Exhibit "B" and is made a
part hereto.
COMPENSATION to be on a basis of the following:
SCOPE OF BASIC SERVICES: The OWNER agrees to compensate the
CONSULTANT as follows:
a. Compensation for the tasks associated with performance of the scope and
preparation of the project documents shall be performed on a time and
expense basis with a not -to -exceed budget amount of $198,800. The tasks
are outlined in the detailed SCOPE OF BASIC SERVICES (Exhibit `B'). The
fee is further itemized as follows:
Master Plan Phase 1 $ 89,400
Master Plan Phase 2 $ 103,600
Direct Expenses (2.7% / 3%) $ 5,800
Total $ 198,800
b. TNP will offer a discount of 10% on invoices on work performed through Sep
30, 2020. See the attached memo.
c. Direct expenses such as printing, plotting, reproduction, postage, mileage,
courier service, photos, and binding shall be billed monthly as 3% of the
monthly invoice.
d. Non -labor expenses are not included in the stated fee amount. For non -labor
and subcontract expenses, the OWNER shall reimburse the CONSULTANT
at actual costs times a multiplier of 1.10. This includes any application fees,
newspaper advertisements fees, permitting fees, or any fee applied by third
party entities that shall be the responsibility of the OWNER.
TNP Firm Registrations
Texas Board of Professional Engineers and Land Surveyors I Engineering Firm No. F-230 Surveying Firm No. 10011600 1 10194381 1 1001 1601
Georgia Board of Professional Engineers Firm No. PEF007431 Texas Board of Architectural Examiners Firm No. BR 2673
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 2 of 8
May 6, 2020
2. ADDITIONAL SERVICES: Services provided by the CONSULTANT which are not
specifically included in SCOPE OF BASIC SERVICES as defined above or
delineated in Article III shall be reimbursed on an hourly basis at the
CONSULTANT's standard hourly rates. Examples of ADDITIONAL SERVICES are
shown in Article III.
3. SCOPE OF BASIC SERVICES and ADDITIONAL SERVICES shall be billed
monthly based on the percentage of work complete. The OWNER shall pay promptly
upon receipt of invoice. Delays of payment in excess of twenty (20) days of the
invoice date may result in cessation of services until full payment is received. Time
shall be added to the project schedule for any work stoppages resulting from the
OWNER's failure to render timely payment.
By executing this agreement, the OWNER acknowledges the existence and
availability of funding for the services. Payment for professional services shall not
be contingent upon the OWNER's available project -specific funds or anticipated
future funding.
PROJECT SCHEDULE: The proposed services shall begin within 5 working days of receipt of
an executed agreement. A schedule is included and made a part hereto.
PROJECT LOCATION: which is included and made a part hereto, shows the approximate
locations associated with the project.
Please execute and return a signed copy for our files.
Accepted by CONSULTANT:
Teague Nall and Perkins, Inc.
By: By: 4.
Name: William H. Smith
Title: Director of Landscape Architecture
Date: Date: May 6, 2020
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 3 of 8
May 6, 2020
EXHIBIT `B'
SCOPE OF BASIC SERVICES
Assumptions and Clarifications
1. The OWNER has an undeveloped, 200 -acre parcel on the southwest side of Denton and desires
a Master Plan to guide future development on the site.
2. The OWNER understands that design services in this agreement are conceptual only, and the
documents produced will be neither biddable or buildable.
3. The OWNER will handle announcements, publicity, venue, and setup of all public meetings.
4. Mail -out surveys or web surveys of the public are not included in this scope of work. Instead, the
CONSULTANT will use data collected from public meetings and the PARD's recently acquired
data from the Parks Master Plan update.
CONSULTANT shall provide the following professional services for the Project:
A. PHASE ONE — SITE ANALYSIS, NEEDS, AND PROGRAMMING
1. Attend one Kickoff Meeting with Parks & Recreation Staff to further develop the program for the
site and establish project parameters
2. Assist the OWNER in the formation of a Focus Group and facilitate one charrette meeting with
the Focus Group and PARD Staff
3. Base Map and Data Compilation. Using aerial images and recently completed survey data,
identify:
a. Roadways, trees, streams, ponds, fences, and topography
b. Utilities — Perform SUE Quality Level "D" investigation. Generally, QL- "D" indicates
information collected or derived from research of existing records and/or oral discussions.
Investigation to cover the following areas:
i. Area within SW Park Property as depicted in Attachment D
ii. S Bonnie Brae St adjacent to the SW Park Property from the centerline of existing
pavement to the west right of way line (approximately 2,660'x 20')
iii. Allred Rd adjacent to the SW park Property from the centerline of existing
pavement to the north right of way line (approximately 3,250'x 30')
c. Basic Environmental Mapping
4. Perform a site visit with PARD Staff to review findings of Site Data Compilation
5. Perform Preliminary Site Analysis to include:
a. Slopes, Views, and Trees
b. Review of City provided reports and data for: Traffic and Site Access Patterns, RR
Crossing, and Mobility Plan
c. Trails Master Plan, ongoing Parks Master Plan, and park trends
d. Demographics
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 4 of 8
May 6, 2020
e. Future off-site development — to include Cole -Hunter Ranch
f. Survey, identification, and mapping of Environmentally Sensitive Areas (ESAs)
g. Potential impacts to Waters of the U.S. as regulated by the USCOE
i. Delineation of wetlands with pin flags (survey of flags is included)
ii. Outline of Permitting Process
6. Using the PARD's framework, CONSULTANT will facilitate and lead one public meeting and
summarize findings with OWNER's input. The OWNER will handle announcements, publicity,
venue, and setup of public meetings. The CONSULTANT will prepare the exhibits.
a. Meet with the OWNER and Focus Group to review program elements and public input.
b. CONSULTANT will send OWNER full -resolution, electronic copies of all photos and
deliverables.
B. PHASE TWO — ILLUSTRATIVE MASTER PLAN
7. Using input from the PARD and Focus Group, the CONSULTANT will conceptualize data from
Phase One and analyze park trends to determine which programmatic elements will be included
in the Master Plan and arrange the uses on the site so as to harmonize them.
a. Review the ranked list of site program elements provided by City.
b. Develop up to three "Bubble" Plan concepts
c. Review Bubble Plan concepts with OWNER and Focus Group and select up to two
concepts for further development, then narrow this to a single, final concept for further
development.
8. Using input from the PARD and Focus Group, the CONSULTANT will further develop the single,
chosen Master Plan concept from a bubble plan to an illustrative Master Plan.
9. Prepare a Conceptual Opinion of Probable Cost of the Master Plan
10. Prepare a Phasing Plan showing the Master Plan at 5, 10 and 20 years
a. Prepare a separate Cost Opinion for each phase
11. Create a presentation rendering of the Master Plan
a. Meet with the Focus Group to review the Master Plan before showing it to the public
12. Facilitate or attend Public Meetings, Parks Board Meetings, and Council Meeting. The OWNER
will handle announcements, publicity, venue, and setup of public meetings. The CONSULTANT
will prepare the exhibits.
a. Facilitate and lead two Public Meetings
b. Attend two Parks Board Meetings
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 5 of 8
May 6, 2020
c. Attend one Council Meeting
d. CONSULTANT will send OWNER full -resolution, electronic copies of all photos and
deliverables.
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 6 of 8
May 6, 2020
PROJECT SCHEDULE
Teague Nall and Perkins, Inc., (TNP) shall target milestone dates in performing professional services (SCOPE OF
BASIC SERVICES) of the project:
TASK
BASIC SERVICE
SCHEDULE
A
Phase One - Site Analysis, Needs, and Programming
2 months
B
Phase Two - Illustrative Master Plan
5 months
Total
7 months
Note: The schedule does not include time for OWNER review/coordination and comment or OWNER -requested
changes beyond what is listed in the SCOPE OF BASIC SERVICES. Schedule shall commence upon receipt of an
executed service agreement from the OWNER. The anticipated life of this service agreement is 12 months.
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 7 of 8
May 6, 2020
PROJECT LOCATION
PROJECT EXTENTS:
The green, shaded, 200 -acre rectangle below shows the limits of work:
R'vAV4
l M. vis
.yw..
ROARK BRANCH
FUTURE COLLE+ COR
0 — �, ,
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Denton SW Park Master Plan
OWNER: City of Denton
Page 8 of 8
May 6, 2020
ARTICLE III
ADDITIONAL SERVICES
(these items are made a part of Article lll)
1. Design iterations other than those listed in the Scope of Basic Services or iterations subsequent to
OWNER approval or OWNER requested changes beyond the Scope of Basic Services.
2. Master Plan studies of any adjacent properties or their acquisition. ROW services of any kind. Negotiation
of any land purchases or easements. Preparation of easement documents, right-of-way documents, or
abandonment documents.
3. Preparation of exhibits or materials other than those identified in the SCOPE OF BASIC SERVICES.
4. Participation in meetings other than those listed in the SCOPE OF BASIC SERVICES.
5. Design Development, Construction Documents, or Construction Phase Services of any kind.
6. Changes to the site plan, budget, schedule, or scope of the project.
7. Value Engineering Services.
8. Efforts related to splitting the project into multiple phases or bid packages.
9. Engineering design of any kind, including but not limited to: roadways, bridges, retaining walls, soil
conditioning plans, retention/detention/sedimentation ponds, dams, lighting, electrical, or structural
engineering.
10. Surveying services or construction staking services of any kind other than those listed in the SCOPE OF
BASIC SERVICES.
11. Subsurface Utility Engineering (Levels A, B, or C)
12. Signage, Graphics, or Branding design.
13. Floodplain reclamation or permitting (e.g. LOMR).
14. Environmental assessments, delineations, or determinations other than those listed in the SCOPE OF
BASIC SERVICES.
15. Cultural Resource Surveys or related permitting.
16. Evaluation or permitting related to TCEQ, EPA, or the United States Army Corps of Engineers.
17. Traffic studies or evaluations, Annexation or De -annexation services.
18. Demolition plans for existing structures or facilities.
19. Design of water or wastewater improvements.
20. Work requests related to franchise utility companies.
21. Geotechnical investigations of any kind.
22. Permits or permit fees of any kind.
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
�.` tnp
May 6, 2020
Ms. Laura Hermosillo
City of Denton
Procurement Dept.
901 A Texas Street
Denton, Texas 7620
Re: DENTON SOUTHWEST PARK
MASTERPLAN STUDY
Dear Laura:
I'm writing to respond to your request that Teague Nall and Perkins (TNP) discount our professional
fees for this project to assist the City of Denton in addressing economic impacts related to the current
COVID-19 pandemic.
We understand the coronavirus pandemic is having extraordinary impacts on our economy, including
municipalities like Denton. Our business at TNP is also experiencing financial hardship during this time
and we anticipate these economic challenges continuing for quite some time. TNP has been an active
member of the Denton community for more than 20 years. We have maintained a fully staffed office
in Denton throughout these years and continue to employ Denton residents.
Because we value our relationship with the City of Denton and the opportunity to serve the community
we are a part of, we have given careful consideration to the City's request. In response, we offer
the following: TNP offers a 10% fee discount on all project invoices from the NTP (Notice to
Proceed) until the end of the City's current fiscal year, September 30, 2020.
We appreciate the opportunity to serve City of Denton on this project and look forward continuing
our long and mutually beneficial relationship.
Sincerely,
William H. Smith, RLA
TNP Firm Registrations
Texas Board of Professional Engineers and Land Surveyors Engineering Firm No. F-230 Surveying Firm No. 10011600 1 10194381 1001 1601
Georgia Board of Professional Engineers Firm No. PEF007431 Texas Board of Architectural Examiners Firm No. BR 2673
www.tnpinc.com
engineers
surveyors
landscape architects
TEXAS
FORT WORTH
DENTON
ALLEN
SAN ANTONIO
CYPRESS
SUGAR LAND
GEORGIA
BLAIRSVILLE
ALBANY
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
6 -May -20
Fee by Task
(w/ subs)
A.
PHASE ONE - SITE ANALYSIS, NEEDS, AND PROG.
1 Attend one Kickoff Meeting, prepare Base Maps for meeting
By
TNP, BRS,
Fee by Task
$5,3$0
Fee by Sub -Task
$5,3$0
Fee by Sub -Task
$2,520
2 -person
crew
2
Assist Client in the formation of a Focus Group to facilitate one Charrette
Meeting
NP, BRS,
$14,000
$14,000
$8,280
1
3
Base Map and Data Compilation
TNP-LA, GES
$15,466
$4,923
$4,120
$920 $1,280 $5,000
a
Roadways, trees, streams, ponds, fences, and topography
TNP-LA
$103,470
$2,540
$2,540
26
b
SUE: Quality Level "D" utilities records research and site visit
TNP-SUE
4
$7,200
$7,200
Civil
c
ENV: Basic Environmental Mapping
GES
$9,866
$$03
$0
4
Site Visit with PARD Staff
TNP, BRS, GES
$4,302
$4,302
$2,520
$0
5
Perform Preliminary Site Analysis
TNP, BRS, GES
$32,119
$2,431
$0
12
a
Slopes, Views, and Trees
TNP-1_:�
$9,652
$2,060
$2,060
8
b
Traffic and Site Access Patterns, RR Crossing, and Mobility Plan,
(mostly by Cit
TNP-CE
$16,622
$1,590
$1,590
1
c
Trails Master Plan, ongoing Parks Master Plan, and park trends
TNP, BRS,
1
$6,248
$3,960
4
d
Demographics
TNP-LA
$16,790
$1,200
$$70
$865
e
Future off-site development -to include Cole -Hunter Ranch
TNP, BRS,
8
$6,677
$4,620
f
Survey, identify, and map ESAs
GES
3
$8,167
$3,470
g
Potential impacts to Waters of the U.S.
_7L:
$3,746
$0
$2,080
6
Facilitate one Public Meeting and summarize findings with the City
-I-NP, BRS
$1$,073
$12,680
$6,960
4
a
Meet with Client and Focus Group to summarize program elements and
public input
TNP, BRS
$2,700
$5,393
$3,600
TNP Hours Total: 319
Phase 1: Total for TNP Fees + Subs Fees: $89,400 $89,340 $54,310
Fee w subs Fee w subs TNP only
B.
PHASE TWO - ILLUSTRATIVE MASTER PLAN
7 Conceptualize Data from Phase One and Park Trends
By
TNP, BRS,
Fee by Task
$27,341
Fee by Sub -Task
$7,581
Fee by Sub -Task
$5,040
2 -person
crew
a
Develop a ranked list of site program elements (by City)
TNP, BRS,
18 30
$3,293
$1,720
1
b
Develop up to 3 "Bubble" Plans
TNP, BRS,
$2,200
$12,552
$5,160
$920 $1,280 $5,000
c
Review concepts with Client and Focus Group and select 2, then 1 final
concept
TNP, BRS,
$103,470
$3,915
$2,980
26
d
Walker
TNP, BRS,
4
$0
$0
Civil
8
Further develop the single, chosen Master Plan concept
TNP, BRS
$9,866
$9,866
$6,720
9
Prepare Conceptual Opinions of Probable Cost
TNP, BRS, GES,
$12,524
$12,524
$11,000
$0
10
Prepare Phasing Plans (5, 10, 20 years)
TNP, BRS,
1
$10,714
$7,920
12
a
Prepare a separate Cost Opinion for each phase
TNP, BRS,
$9,652
$9,652
$8,700
8
11
Create a presentation rendering of the Master Plan
TNP, BRS
$16,622
$12,$21
$9,$40
1
a
Meet with the Focus Group to review Master Plan
TNP, BRS
1
$3,$01
$2,5$0
4
12
Public Meeting, Parks Board Meeting, and Council Meetings
1P, BRS,
$16,790
$0
$0
$865
a
Public Meeting (2)
TNP, BRS,
8
$10,070
$7,100
b
Parks Board Meetings (2)
TNP, BRS,
3
$4,4$0
$1,$40
c
Council Meeting (1)
TNP, BRS,
$2,240
$920
TNP Hours Total: 434
Phase 2: Total for TNP Fees + Subs Fees: $103,600 $103,508 $71,520
Fee w subs Fee w subs TNP only
TNP Hours Total: 753 73
Project Total $193,000 $192,848 $125,830
Fee w subs Fee w subs TNP only
Total Subs $67,018 TNP Only
Subs
1
TNP TOTAL
HOURS
16
54
28
18
52
0
16
0
14
10
28
6
26
21
0
20
319
$54,310
$54,310
32
34
18
78
56
62
68
14
0
46
8
4
382
$71,520
$125,830
$125,830
TNP Hours
$125,800
$67,000
EXHIBIT C
Landscape Architecture
Director
SUE
(SUB -SURFACE UTILITIES)
Designer
Team PE Tech
Leader
Survey
Manager
2 -person
crew
Survey
Tech
141 159 380
10
18 30
22
4 8 40
1
16
4
Survey
Tech
$2,200
$2,880 $3,750
$2,860
$920 $1,280 $5,000
$230
$2,800
$440
$103,470
2
$11,690
26
$7,200
Walker
$3,470
4
Landscape Architecture
Civil
$6,720
SUE SUB -SURFACE UTILITIES
1
SURVEY
$730
2
$850
$0
$0
1
12
$0
$2,860
1
8
$730
2
$1,385
1
8
2
$1,620
1
4
3
4
$2,210
4
$865
1
4
4
8
$0
$2,710
3
3
$0
4
$1,110
$2,080
$0
12
4
$300
1
$2,700
12
20
$1,870
4
$2,400
6
$4,270
2
$1,200
5
61
33
56
$3,405
1
11
22
6
$1,150
2
$5,200
$7,000
4
$0
$3,300
$29,080
$2,908
2
$1,630
5
44
53
10
13
109
44
$1,150
$7,700
$10,335
$1,250
$1,690
$8,175
$3,300
$31,845
$3,185
$35,030
$20,435
$9,865
$3,300
�0�o0m0000000
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$50.840
Director LA Designer
Director
PE EIT
Designer
Team PE Tech
Leader
Survey
Manager
2 -person
crew
Survey
Tech
141 159 380
10
18 30
22
4 8 40
1
16
4
$32,430 $25,440 $45,600
$2,200
$2,880 $3,750
$2,860
$920 $1,280 $5,000
$230
$2,800
$440
$103,470
2
$11,690
26
$7,200
Walker
$3,470
4
Landscape Architecture
Civil
$6,720
SUE SUB -SURFACE UTILITIES
1
SURVEY
$730
2
$850
$0
$0
1
12
$0
$2,860
1
8
$730
2
$1,385
1
8
2
$1,620
1
4
3
4
$2,210
4
$865
1
4
4
8
$0
$2,710
3
3
$0
4
$1,110
$2,080
$0
12
4
$300
1
$2,700
12
20
$1,870
4
$2,400
6
$4,270
2
$1,200
5
61
33
56
$3,405
1
11
22
6
$1,150
2
$5,200
$7,000
4
$0
$3,300
$29,080
$2,908
2
$1,630
5
44
53
10
13
109
44
$1,150
$7,700
$10,335
$1,250
$1,690
$8,175
$3,300
$31,845
$3,185
$35,030
$20,435
$9,865
$3,300
�0�o0m0000000
�������000mmm
Director LA Designer
Director
PE EIT
Designer
Team PE Tech
Leader
Survey
Manager
2 -person
crew
Survey
Tech
141 159 380
10
18 30
22
4 8 40
1
16
4
$32,430 $25,440 $45,600
$2,200
$2,880 $3,750
$2,860
$920 $1,280 $5,000
$230
$2,800
$440
$103,470
2
$11,690
26
$7,200
Walker
$3,470
4
Landscape Architecture
Civil
$6,720
SUE SUB -SURFACE UTILITIES
1
SURVEY
PROJECT SUMMARY
Phase 1 Labor
Phase 1 Expenses (3%)
$89,400
10%
$80,500
10% reduction off labor rates through Sep 30
10% reduction of incurred expenses through Sep 30 (2.7%)
$2,680
Scientist Scientist
$2,410
Phase 2 Labor
Phase 2 Expenses (3%)
$103,600
$3,110
Designer
$103,600
Assumes work occurs after Sep 30
Assumes expense incurred after Sep 30
$3,110
Total Fee (TNP + Subs)
TNP Expenses (3%)
Total Fee + Expensesi
$193,000
1
$184,100
New Estimated Total Labor
New Estimated Total Expenses
New Estimated Contract Total
$5,800
$5,520
$198,800
$189,62
$241,000 Original Fee 20%
Reduction
$48,000 Amount Reduced ( PLUS
20% Percent Reduced 10%
COVID
Subconsultant
Subconsultant
Subconsultant
10%
BRS Architecture
GES Environmental
Data (Dr. Joe
Walker)
Scientist Scientist
PIC
Reginal
Director
PM
Designer
Sr.
Scientist
Jr.
Scientist
Dr. Joe
Walker
SUBS
TOTAL
$2,600
ADMIN
(10%)
FEE
$260
$520
$73
$0
$0
$73
$162
$221
$0
$0
$208
$30
$187
$427
$341
$520
$163
TOTAL
TOTAL
$2,860
$5,720
$803
$0
$0
$803
$1,782
$2,431
$0
$0
$2,288
$330
$2,057
$4,697
$3,746
$5,720
$1,793
$230
1
$175
6
$195
2
$125
$130
$75
$75
2
2
12
26
Walker
8
4
$5,200
$6,720
1
8
$730
2
$850
$0
$0
1
12
$0
$2,860
1
8
$730
2
$1,385
1
8
2
$1,620
1
4
3
4
$2,210
4
$865
1
4
4
8
$0
$2,710
3
3
$0
4
$1,110
$2,080
$0
12
4
$300
1
$2,700
12
20
$1,870
4
$2,400
6
$4,270
2
$1,200
5
61
33
56
$3,405
1
11
22
6
$1,150
2
$5,200
$7,000
4
$0
$3,300
$29,080
$2,908
2
$1,630
5
44
53
10
13
109
44
$1,150
$7,700
$10,335
$1,250
$1,690
$8,175
$3,300
$31,845
$3,185
$35,030
$20,435
$9,865
$3,300
PIC Reginal PM
Designer
Sr. Jr.
Dr. JW
Director
Scientist Scientist
$60,925
1
4
4
88
$6,093
$2,300 $18,375 $16,770
8
$2,310
$231
$143
$672
$85
$0
$286
$139
$254
$87
$271
$111
$0
$270
$240
$120
$2,541
$1,573
$7,392
$935
$0
$3,146
$1,524
$2,794
$952
$2,981
$1,221
$0
$2,970
$2,640
$1,320
$45,695
$10,385
$6,600
$67,018
BRS Architecture
GES Environmental
Data r. Joe
$1,430
Walker
8
$6,720
4
2
$850
$0
1
12
$2,860
1
2
4
4
$1,385
2
2
12
4
$2,540
4
$865
1
4
4
8
$2,710
3
3
$1,110
$0
12
8
$2,700
12
4
$2,400
6
2
$1,200
5
61
33
56
4
0
44
$1,150
$10,675
$6,435
$7,000
$520
$0
$3,300
$29,080
$2,908
$31,988
$25,260
$520
$3,300
$60,925 $6,093 $67,018
PIC Reginal PM
Designer
Sr. Jr.
Dr. JW
Director
Scientist Scientist
$60,925
10 105 86
66
17 109
88
$6,093
$2,300 $18,375 $16,770
$8,250
$2,210 $8,175
$6,600
1 $67,018
$45,695
$10,385
$6,600
$67,018
BRS Architecture
GES Environmental
Data r. Joe
Walker
Subs fee
10% Fee for TNP
Subs + 10%
$192,848
TNP FEE
TOTALS
W/SUBS
$89,400
$103,600
$193,000
$5,800
Page 1 of 1
Printed 5/6/2020, 4:04 PM
P:\00_FORTWORTH\01_TEAM_LA\2-PROPOSALS\2020\Smith - Denton - SW Park\Contract Negotiations\2020.05.06 TNP Response\TNP Fees - Denton SW Park -REV 2020.05.06-TNP Fees - Denton SW Park -REV 2020.05.06=Workplan
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
Exhibit D
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration ofthe Contract, or longer, ifso noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 16 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
• Should any of the required insurance be provided under a claims -made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration ofthe Contract, or longer, ifso noted:
[X I A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 17 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[ ] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non -owned autos.
[ ] Workers' Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 18 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a "blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 19 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
ATTACHMENT 1
[ ] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a proj ect, for the duration of the proj ect.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 20 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
proj ect; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 21 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self -Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
City of Denton, Texas Contract 7170
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 22 of 24
DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975
tnp
Exhibit E
CONFLICT OF INTEREST QUESTIONNAIRE
CIQ Form
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
I Name of vendor who has a business relationship with local governmental entity.
Teague Nall and Perkins., Inc.
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 7' 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.
Bill Smith, RLA
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes Fx—] 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 F —x1 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 F —x1 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.
51
December 5, 2019
Signature of vendor doing business with the governmental entity Date
Statement of Qualifications for the City of Denton Parks and Recreation Department
RFQ #7170 - Master Plan for Southwest Park
DENTON December 5, 2019
Certificate Of Completion
Envelope Id: 2A3ED838DEC8494385D58CB307377975
Subject: Please DocuSign: City Council Contract 7170 - Southwest Park
Source Envelope:
Document Pages: 32 Signatures: 5
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
5/22/2020 9:57:12 AM
Signer Events
Laura Hermosillo
laura.hermosillo@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Bill Smith, RLA
bsmith@tnpinc.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/28/2020 10:03:48 AM
ID:5bcb3d96-b700-49c0-9996-fb37f1c52d97
Holder: Laura Hermosillo
laura.hermosillo@cityofdenton.com
Signature
Completed
Using IP Address: 198.49.140.104
EiDS
Signature Adoption: Pre -selected Style
Using IP Address: 47.184.101.139
[D—uS!g",d by:
7F9D328BF0204E5...
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
DocuSigned by:
E
ill Smith, RLA
565EC112D8194D9...
Signature Adoption: Pre -selected Style
Using IP Address: 12.191.82.251
Docu,�..
M S E C U R E d
Status: Completed
Envelope Originator:
Laura Hermosillo
901 B Texas Street
Denton, TX 76209
laura.hermosillo@cityofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 5/22/2020 10:11:11 AM
Viewed: 5/22/2020 10:11:31 AM
Signed: 5/22/2020 10:11:33 AM
Sent: 5/22/2020 10:11:35 AM
Viewed: 5/24/2020 8:54:17 AM
Signed: 5/24/2020 8:57:35 AM
Sent: 5/22/2020 10:12:37 AM
Viewed: 5/27/2020 4:36:38 PM
Signed: 5/27/2020 4:43:20 PM
Sent: 5/27/2020 4:43:23 PM
Viewed: 5/28/2020 10:03:48 AM
Signed: 5/28/2020 10:04:56 AM
Signer Events
Packan, Gary
Gary. Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/28/2020 2:53:37 PM
ID:cc876178-159c-4c04-b19b-2ff58471d3a0
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/22/2020 1:35:16 PM
ID: 3b89ca89-e43d-46fc-9596-16300093b2f9
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Signature
[11,cuSign1d by:
AC6AEE9 7A4264
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
Completed
Using IP Address: 129.120.6.150
EDOCUSi
gnetl by:
B776C7111BAOD454...
Signature Adoption: Pre -selected Style
Using IP Address: 47.186.196.49
ER110CUSign1d by:
1C5CA8C5E175493.,.
Signature Adoption: Pre -selected Style
Using IP Address: 129.120.6.150
Signature
Status
Status
Status
Status
Status
COPIED
Timestamp
Sent: 5/28/2020 10:04:59 AM
Viewed: 5/28/2020 2:53:37 PM
Signed: 5/28/2020 2:54:02 PM
Sent: 5/28/2020 2:54:06 PM
Viewed: 6/18/2020 10:59:27 AM
Signed: 6/18/2020 11:00:00 AM
Sent: 6/18/2020 11:00:04 AM
Viewed: 6/18/2020 11:03:33 AM
Signed: 6/18/2020 11:03:42 AM
Sent: 6/18/2020 11:03:45 AM
Resent: 6/18/2020 2:43:01 PM
Resent: 6/22/2020 11:24:11 AM
Resent: 6/22/2020 11:26:45 AM
Viewed: 6/18/2020 11:45:05 AM
Signed: 6/22/2020 1:36:11 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 5/22/2020 10:11:34 AM
Viewed: 6/22/2020 2:39:18 PM
Carbon Copy Events
Status
Not Offered via DocuSign
Notary Events
Sherri Thurman
Timestamp
sherri.thurman@cityofdenton.com
(� PI E D
City of Denton
Envelope Sent
Security Level: Email, Account Authentication
6/22/2020 1:36:16 PM
(None)
Security Checked
Electronic Record and Signature Disclosure:
Signing Complete
Not Offered via DocuSign
6/22/2020 1:36:16 PM
Jane Richardson PI E D
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Zolaina Parker (� RI E D
Zolaina.Parker@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Drew Huffman (} PI E D
drew.huffman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/13/2018 2:52:26 PM
ID:Ofcc9a04-4fe5-41d0-935e-32877832cf92
Timestamp
Sent: 5/28/2020 2:54:06 PM
Sent: 6/18/2020 11:00:04 AM
Sent: 6/18/2020 11:00:04 AM
Viewed: 6/18/2020 2:43:39 PM
Sent: 6/22/2020 1:36:16 PM
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
6/22/2020 1:36:16 PM
Certified Delivered
Security Checked
6/22/2020 1:36:16 PM
Signing Complete
Security Checked
6/22/2020 1:36:16 PM
Completed
Security Checked
6/22/2020 1:36:16 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Bill Smith, RLA, Packan, Gary, Todd Hileman, Rosa Rios, Drew Huffman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per -page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems:
Windows2000? or WindowsXP?
Browsers (for SENDERS):
Internet Explorer 6.0? or above
Browsers (for SIGNERS):
Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email:
Access to a valid email account
Screen Resolution:
800 x 600 minimum
Enabled Security Settings:
-Allow per session cookies
-Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.