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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: City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 1 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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. City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 2 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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. City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 3 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 4 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 5 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 6 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 7 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 8 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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. City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 9 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 10 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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. City of Denton, Texas Contract 7170 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 11 of 24 DocuSign Envelope ID: 2A3ED838-DEC8-4943-85D5-8CB307377975 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 �������000mmm �mmaaaaaomoma $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. 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