21-846ORDINANCE NO. 21-846
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICRAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
TEAGUE NALL AND PERKINS, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON MAY 8, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $300,050.00;
AMENDED BY AMENDMENT NO. 1, APPROVED BY THE CITY MANAGER:
AMENDMENT NO. 2, APPROVED BY CITY COUNCIL ON SEPTEMBER 24. 2019.
AMENDMENT NO. 3, APPROVED BY PURCHASING, AMENDMENT NO. 4, APPROVED BY
PURCHASING; SAID FIFTH AMENDMENT TO PROVDE A CONCEPTUAL SITE PLAN TO
nqcLUDE ADDITIONAL ENGINEERING, PARKING PLAN, AND LANDSCAPE DESIGN FOR
THE CITY OF DENTON SERVICE CENTER COMPLEX; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FEE
6581 –PROVDING FOR AN ADDITIONAL FHTH AMENDMENT EXPENDITURE AMOUNT
NOT-TO-EXCEED $49,500.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED
$5 1 3 ,490.00).
WHEREAS, on May 8, 2018, by Ordinance No. 18-283, the City awarded a contract to
Teague NaII and Perkins, Inc. in the amount of $300,050.00 for engineering and architectural design
for various City of Denton parking lots; and
WHEREAS, on November 20, 2018, the City awarded a First Amendment to Teague NaII
and Perkins, Inc. in the amount of $72,950.00 for engineering and architectural design for various
City of Denton parking lots, and
WHEREAS, on September 24, 2019, by Ordinance No. 19-2117, the City awarded a Second
Amendment to Teague NaII and Perkins, Inc. in the amount of $84,050.00 for the design of the
Hickory Creek Basin Peak Flow Detention Facility, and
WHEREAS, on May 18, 2020, the City awarded a Third Amendment to Teague NaII and
Perkins, Inc. to reduce the labor rates by 10(%, and
WHEREAS, on February 5, 202 1, the City awarded a Fourth Amendment to Teague NaII and
Perkins, Inc. in the amount of $6,940.00 to provide a conceptual site plan, to include additional
engineering, parking plan, and landscape design for the City of Denton Service Center Complex, and
WHEREAS, the additional fees under the proposed Fifth Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCE OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Fifth Amendment, increasing the amount of the contract between the City
and Teague NaII and Perkins, Inc., which is on file in the office of the Purchasing Agent, in the
amount of Forty-Nine Thousand Five Hundred and 00/100 ($49,500.00) Dollars, is hereby approved,
and the expenditure of funds therefor is hereby authorized in accordance with said amendment,
which shall be attached hereto. The total contract amount increases to $513,490.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The notion to approve this ordinance was made by a SS t -My: S and
seconded by?ChO \ M e, \ tl ec . The ordinance was passed and approved by thefollowing vote n - a :
Aye
£-J-
£
J‘
-L1J-
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thi, th, it fb d,y ,f rAcul _, 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY All 1111111F DE
+•e••869
SR da , _?PP/
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by MaKella Lunn
DN: dc=com, dc=cityofdenton,
ou=Department Users and Grouns. ou=General
Government, ou=Legal, cn=MaKella Lunn,
DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
DENTON
Docusign City Council Transmittal Coversheet
6581
File Name Parking Lot Deslgn, Amendment 5
Purchasing Contact I chrIsta chrIstIan
CityCou,cil T„g,t Date MAY 11’ 2021
Piggy Back Option
Contract Expiration
Ordinance
PSA
Not Applicab1 e
N/A
21–846
DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
FIFTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND TEAGUE NALL AND PERKINS, INC.
PSA 6581
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIFTH AMENDMENT TO CONTRACT 6581 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Teague NaII and Perkins, Inc.
(“Consultant”); to that certain contract executed on May 8, 2018, in the original not-to-
exceed amount of $300,050 (the “Original Agreement”); amended on November 20, 2018
in the additional amount of $72,950 aggregating a not-to-exceed amount of $373,450 (the
“First Amendment”); amended on September 24, 20 19 in the additional amount of $84,050
aggregating a not-to-exceed amount of $457,500 (the “Second Amendment”); amended on
May 18, 2020 to provide for 10% fee discount effective April 2020 until September 30,
2020 (the “Third Amendment”); amended on February 5, 2021 in the additional amount of
$6,940 aggregating a not-to-exceed amount of $464,440 (the “Fourth Amendment”)
(collectively, the Original Agreement, the First Amendment, the Second Amendment, the
Third Amendment, and the Fourth Amendment are the “Agreement”) for services related
to the Design of Parking Lots.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $49,500 with this Amendment for an aggregate not-to-exceed
amount of $5 1 3,490; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Consultant to the City;
NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1.The additional services described in Exhibit “A“ of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Denton Service Center – Conceptual Parking Study Update, are hereby
authorized to be performed by Consultant. For and in consideration of the
additional services to be performed by Consultant, the City agrees to pay, based on
the cost estimate detail attached as Exhibit “A”, a total fee, including
reimbursement for non-labor expenses an amount not to exceed $49,500.
6581 PSA – Amendment #5 Page 1 of 2
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2. This Amendment modifies the Agreement amount to provide an additional $49,500
for the additional services with a revised aggregate not to exceed total of $5 13,490.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date 05/11/2021
“Consultant”
TEAGUE NALL AND PERKINS, INC.
“CITY”
DocuSlgned bF
CILh+&fUr kwIk
CHRISTOPHER HARTKE, P.E.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
'DocuSigned by:
By:SMA Healy
:Y, INTERIM CITYfAirATTEST:
ROSA RIOS, CITY SECRETARY
MANAGER
DocuSigned by:
Re&4RleI
THIS AGREEMENT nAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
By:SCOTT GRAY
PRINTED NAMESIGNATURE
DIRECTOR OF FACILITIES AND CIP
TITLE
FACILITIES MANAGEMENT
DEPARTMENT
6581 PSA – Amendment #5 Page 2 of 2
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£tnpExhibit A www.tnpincaom
engineers
surveyors
landscape architects
AMENDMENT No. 5 TO PROFESSIONAL SERVICES AGREEMENT TEXAS
FORT WORTH
DENTON
ALLEN
HEATH
CYPRESS
SUGAR LAND
ADDITIONAL SERVICES
Parking Lot Design
Contract 6581 GEORGIA
BLAIRsvILLE
TNP No. DEN 18196
This amendment is necessary to modify the scope of the work to include several additional services needed for
completion of the work. Specifically, these additional services include:
Service Center Conceptual Parking Study Update:
Prior to preparing construction plans for the various parking lots at the Service Center, TNP will update and revise
the previous conceptual parking study of the Service Center facility, expanding the limits to include current and
future planned site conditions, the City owned property north of Willis Street and east of Ruddell (see the attached
exhibit for the limits of the study). This study will aim to accomplish the following objectives:
Develop a concept plan parking layout considering existing conditions and future planned improvements
to the Service Center. This will included building plans and future sight utilization.
Prepare a Survey Questionnaire for City departments to gain an understanding of their needs.
Host up to 4 meetings with department staff to clarify understanding of each group’s specific needs for
parking, traffic flow, and access
Address visitor parking as needed
Provide a schematic layout of wayfinding signs and markings to guide visitors to appropriate parking and
entries
Determine circulation needs based on City vehicles6
Consider impact of the future Ruddell Street re-alignment
Produce conceptual site maps of the Service Center Facility depicting proposed traffic flow and parking
7
8
modifications. The site map will be based on an aerial photo, to be taken using drone aerial photography,
generating an aerial photograph with 1 ” pixel resolution. Visitor parking will be addressed, along with
wayfinding signs and markings to guide visitors to appropriate parking and entries
9. Incorporate the results of the floodplain study into the concept plan
IO. Incorporate landscape requirements into the conceptual plan and prepare conceptual landscaping plans
according to the parking concept
11. Prepare a conceptual fencing plan for the new parking concept plan
12. Consider options fort future anticipated amenities such as lighting, electric vehicle charging, permeable
pavement and other environmentally friendly enhancements
1
2
3
4
5
This facility does not currently comply with DDC parking and landscaping standards. We recommend that these
guidelines be followed for the parking lots designated for employee and visitor parking, but not necessarily for
those areas designated for heavy construction equipment. Once the site layout is approved by City staff, design
of the specific parking lots can proceed.
TNP proposes to accomplish the study as follows:
1. Meet with the Client to kickoff the project and discuss overall objectives and project plan
2. Provide a survey questionnaire to department leaders to assess their individual departmental needs
3. Develop Concept Plans to designate areas and zones for specific department needs and determine
optimal overall site organization
TNP Firm S Registrations
Texas Board of Professional Engineers and Land Surveyors I Engineering Firm No. F-230 1 Surveying Firm No. 1 0011600 1 101 94381 1 1001 1601
Georgia Board of Professional Engineers Firm No. PEF007431 1 Texas Board of Architectural Examiners Firm No. BR 2673
DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
4
5
6.
7.
8.
9.
Meet leadership in each department to understand their specific objectives and needs
Meet with the Client to review departmental input and the overall plan
Refine Conceptual Parking Lot Plan (up to 3 iterations) based on City input
Prepare a final concept plan with a report of assumptions and submit to the Client for review
Address minor review comments
Prepare and submit a final concept plan including all deliverables listed below
Deliverables:
Preliminary Concept Plan and Refinements
Final Conceptual parking Lot Plan
Conceptual Landscaping Plan
Conceptual Fencing Plan
Summary report of survey results, input data, assumptions, recommendations, and conclusions
1
2
3
4
5
Assumptions and Clarifications:
1. No design or permitting of parking improvements is included in the scope of this amendment
No planing will be included in the scope of this project
2.ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the
ENGINEER which is not specifically included in BASIC SERVICES as defined above and shall be
reimbursed at the TNP standard rates included in Attachment “A“ for items provided in-house, or
direct expenses times a multiplier of 1.1 0 for non-labor, subcontract or mileage items.
Amendment No. 5 (The following are fixed fees except as noted)
Conceptual Parking Plan, $ 37,500
Conceptual Landscaping & Fencing Plan: $ 1 2,000
Total Amendment No. 5 $ 49.500
Summary of Amended Contract
Original Contract Fee $ 300,050
Amendment No. 1 $ 72,950
$ 84,050
$ 0
Amendment No. 2
Amendment No. 3 (Prof. Fee Discount)
Amendment No. 4 $ 6,940
$ 49,500
$ 513.490
Amendment No. 5
Amended Contract Total
City of Denton Teague NaII and Perkins, Inc.
cb&dw. AJ,at
Christopher Hartke, P.E.
5/12/2021
Date Date
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CITY J
OFDENTON
Docusign City Council Transmittal Coversheet
6581
Park
RFQ
LOt Des1 grl1 ngFile Name
Purchasing Contact 1 amie c agde11
CityCou.,iI T„g,t D,t, M ;Y 8 , 2018
Contract Value 300,050
Piggy Back Option
Contract Expiration
Ordinance
NO
May 8 , 2021
18-283
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PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 6581
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
MaY 8’ 2018 , 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 NaII and Perkins, Inc. , with its corporate
office at 1517 Centre Place Drive, Suite 320, Denton, Texas 76205 , 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, Professional Engineering Services for
parking lot design, as described in Exhibit A, which is attached hereto and incorporated
herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A.The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 6581 – Professional Engineering Services for Parking Lot Design, which
is on file with Purchasing and further detailed in Exhibit A, attached herein.
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B.
C.
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.
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 B.
A.
B.
Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
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. 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 will provide services for a one (1) year period. The OWNER
and CONSULTANT shall have the option to renew this contract for an additional two (2) one-
year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date in accordance with the provision of the
section titled “price adjustments”, or the section(s) titled “termination” in Exhibit 2 of the RFQ
documents. At the sole option of the City of Denton, the contract may be further extended as
needed, not to exceed a total of six (6) months.
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 “B” 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 $300,050.
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
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in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
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 “B.” 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 (2 1) 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
Contract 6581 Page 4
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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 the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A.Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$ 100,000 in the aggregate.
B.Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
C.Worker’s Compensation Insurance in accordance with statutory requirements, and
Employers’ Liability Insurance with limits of not less than $100,000 for each accident.
D.
E.
Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER’s request to evidence such coverages. The General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured. CONSULTANT
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shall endeavor to provide OWNER with any cancellation or modification to its insurance
policies.
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.
B.
Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
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
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
termlnatlon.
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.
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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: To OWNER:
Teague NaII and Perkins, Inc
Gary Vickery
1517 Centre Place Drive, Suite 320
Denton, TX 76205
City of Denton
Purchasing Manager –File 6581
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
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
provlslon.
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.
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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
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 – Consultant’s Schedule of Fees
Exhibit B – Consultant’s Scope of Services
B.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
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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.
C.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.
D.For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Gary Vickery. However, nothing herein shall limit CONSULTANT
from using other equally qualified and competent members of its firm to perform the
services required herein.
E.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
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F.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.
G.
H.
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.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
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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.
ARTICLE XXIV
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 an original notarized 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_form 1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
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4
5
6.
Enter the Certificate Number on signature page.
Sign and notarize the Form 1295
Email the notarized form to purchasing@,cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after
Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTA$1 bqIEXecuted this Agreement
through its duly authorized undersigned officer on this date 31 13/ZU16
CITY OF DENTON, TEXAS
fiZZ €hLLHNh
DocuSlgned br
TODD HILEMAN,-CITV–N4ANAGER
JENNIFER WALTERS, CITY SECRETARY
DocuSlgned by:
BY:lkMrw tHatcH
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
tArn? CAll+w
TEAGUE NALL AND PERKINS, rNC
A TEXAS CORPORATION
“CONSULTANT”
DwuSlgned by:
day\1 L L/cLLR
2018–346342
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
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 disqualifiedfrom 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.
AU 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 of the Contract, or longer, if so 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:
• 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
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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 of the Contract, or longer, if so noted.
[x 1 A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
Sl,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
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.
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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.
[x 1 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.
lx 1 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).
[]Ownerts and Contractorts 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.
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[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.
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ATTACHMENT I
11 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 project, for the duration of the project.
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
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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
project; 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;
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
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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.
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ATTACHMENT ' A’
SCHEDULE OF FEES
2018 PARKING LOTS
A. BASIC SERVICES:
For work performed by the ENGINEER within the scope identified in ATTACHMENT B, Itemized
Scope of Services, the ENGINEER will be reimbursed as described below:
1 . Labor
The following fees shall be paid to the ENGINEER for labor involved in the various items
of work within the scope of Basic Services identified in ATTACHMENT B:
City Hall East (Railroad Street)
Design Survey - completed previously
Parking Lot Design
Landscaping & Irrigation
Subtotal
$ 41,500
$ 6,200
$ 47,700
Denia Recreation Center
Design Survey
Parking Lot Design
Landscaping & Irrigation
Subtotal
$ 1,800
$ 17,900
$ 5,000
$ 24,700
Civic Center
Design SUIvey
Parking Lot Design
Landscaping & Irrigation
Subtotal
$ 5,500
$ 36,750
$ 7,100
$ 49,350
Service Center Conceptual Parking Study $ 26,600
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Service Center - North Parking Lot
Design Survey
Parking Lot Design
Landscaping & Irrigation
Subtotal
$ 2,200
$ 20,600
$ 5,800
$ 28,600
Service Center - West Boundary Lot
Design SUIvey
Parking Lot Design
Subtotal
$ 1,500
18,200
$ 19,700
Service Center - West Main Parking Lot
Design SUIvey
Parking Lot Design
Subtotal
$ 3,300
31 ,800
$ 35,100
Service Center - Parking South of Texas Street
Design SUIvey
Parking Lot Design
Subtotal
$ 3,200
$ 18,900
$ 22,100
Geotechnical Investigation (Allowance)
Bid Support (Hourly, Est.)
$ 34,200
$ 10,500
Total $295,550
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier
services, etc. will be reimbursed to the ENGINEER at his direct invoice expense plus
10% with a not-to-exceed amount of:
$ 1,500
3 Total Fee for Basic Services
TOTAL (BASIC SERVICES)$ 300,050
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B.ADDITIONAL SERVICES:
Additional work performed by the ENGINEER outside that scope identified in ATTACHMENT B,
Scope of Basic Services, shall be considered Additional Services. If requested by the City, the
following services will be added as a contract amendment. The ENGINEER will be reimbursed
for Additional Services, should they be requested, as described below:
McKinney Street Parking Lot
Design SUIvey $ 3,300
$ 50,200
$ 9,650
Parking Lot Design
Landscaping & Irrigation
llumination $ 9,800
$ 72,950Subtotal
Construction Support (Hourly, Est.)$ 124,300
1 Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of service
provided, as mutually agreed to by the ENGINEER and CITY; or labor of personnel
employed by the ENGINEER will be reimbursed on an hourly basis in accordance with
EXHIBIT 3. Standard Rate Schedule.
2 Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier
services, etc. will be reimbursed to the ENGINEER at his direct invoice expense PLUS
10c70
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ATTACHMENT 'B'
ITEMIZED SCOPE OF SERVICES
2018 PARKING LOTS
CITY OF DENTON
BASIC SERVICES
PROJECT DESCRIPTION
The scope set forth herein defines the work to be performed by the ENGINEER in completing the
project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project.
The project generally consists of preparation of construction plans for reconstruction of selected
City of Denton parking lots as outlined below and shown on the attached exhibits, along with an
overall conceptual parking study of the Service Center on Texas Street. Each of the parking lots
will be designed as separate projects, as will the Conceptual Parking Study at the Service Center.
The schedule shows each project being developed individually.
City Hall East (Railroad St.)
Denia Recreation Center
Civic Center
McKinney Street
Service Center
North Parking
West Main Parking
West Boundary Parking
South of Texas Street Parking
More particularly, the scope of work is as described below. Services called for in the General
Conditions that are not specifically identified below are not a part of the scope of this Agreement.
Assumptions and Clarifications
The following assumptions were used by the ENGINEER for the preparation of this scope of Basic
Services:
•Construction plans will be prepared for public bidding, using the Invitation for Bid (IFB)
process. It is assumed that as many as three separate bid packages will be issued (likely
on for the Service Center and up to two for the other parking lots). Bid packages will
include plans for necessary demolition, grading, paving, pedestrian elements including
ramps, and landscaping and irrigation where appropriate. Construction plans will be
complete and suitable for bidding and construction.
•Unless specifically designated otherwise, the parking lots will be prepared to comply with
the Denton Development Code (DDC) to the degree possible with respect to landscaping
and development requirements. We will conduct one or more informal coordination
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meeting with selected staff from Development Services to assist us with DDC compliance.
No formal submittals to Development Services are anticipated.
•It is assumed that the parking spaces and drive aisles in the existing parking lots (other
than at the Service Center) are large enough to meet current City of Denton parking
standards, or can continue to be used as they currently are. No reconfiguration of any of
the parking lots outside the Service Center are anticipated.
•The ENGINEER will not prepare Traffic Control Plans. Criteria will be provided to the
contractor identifying requirements of the Traffic Control Plan. The contractor will prepare
and submit a Traffic Control Plan for review and approval by the City and the ENGINEER.
•Except as specifically included in the site specific considerations below, it is assumed that
there will be no storm drain design for any of the parking lots. In addition, no drainage
area maps will be prepared for any of the parking lots, except as specifically described
below
•
•
•
•
No fire hydrants will be relocated or added at any of the parking lots.
No platting will be a part of the scope of this agreement.
In general, illumination will not be modified in the parking lots, except as specificallydescribed below.
The following task/services are specifically excluded from this scope of work, but could be
added as additional services if needed:
o Water or Waste Water Lines o Perimeter Street Design
o Construction Staking o Fencing
o Materials Testing o Electrical or Fiber Utilities
o Environmental Assessments
Scope of Basic Services
More particularly, the scope of the work will consist of the following:
General Parking Lot Construction Plans & Bid Documents
1. Cover sheet.
2.
3.
4.
5.
6.
7.
8
General notes and typical sections.
Demolition plans will identify the limits of removals necessary for construction.
Parking lot layouts will be prepared depicting the dimensional control of the parking lot,
along with striping, accessible routes, sidewalks, appurtenances and paving sections.
Grading plans will include spot elevations and proposed contours where necessary to
show the required grading.
Traffic control and phasing criteria (traffic control plans to be submitted by contractor).
Detail sheets as appropriate.
Landscape plans will be prepared as necessary to meet DDC requirements.
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9. Irrigation plans will be prepared for all new landscape areas. If irrigation already exists, we
will work with the City to confirm that it functions properly, and modify where needed for
the new landscaping.
10. Construction cost estimates will be prepared for each parking lot, based on the final
design.
11. Bid documents, will consist of the bid proposal section and technical specifications. The
bid package will include the parking lot improvements, along with any ancillary
construction such as lighting, landscaping or irrigation.
12. TNP will submit plans to a Registered Accessibility Specialist for accessibility review
where appropriate, in accordance with Texas Department of Licensing and Registration
requirements.
Design SUIveys
Perform a Topographic Design Survey for each of the parking lot areas identified herein. The
limits of survey will include the entire parking lot for each of the project areas and will include
extended areas as directed by the engineer. The survey will identify the topography (one foot
contours), visible features and above ground improvements including buildings, fences,
sidewalks, paved areas, pavement striping, utilities, landscaped areas and other pertinent
features within the project area as necessary for engineering design. A minimum of two
horizontal and vertical control points shall be established at strategic locations within or near
each of the project areas for use during the design and construction phases. A base map
representing the results of the Topographic Design Survey shall be prepared in AutoCAD Civil
3D format for in-house design purposes.
Site Specific Considerations
Denia Recreation Center
The Denia Recreation Center has an asphalt parking lot with approximately 51 spaces.
Most of the curb is damaged and broken. The construction plans will include complete
replacement of all the curbs and asphalt paving in the parking lot. Landscaped islands will
be added to comply with the DDC requirements, as well as a concrete pad and enclosure
for the dumpsters currently on the parking lot. Details for the construction of the dumpster
enclosure will be included in the plans. The existing lighting will remain, and the existing
layout will be duplicated so that the only parking spaces lost will be due to the dumpsters.
The concrete portion of the lot, where the accessible spaces are located, will not be
removed or modified. Drainage flows on the surface to the southwest corner of the
parking lot and into the private drive along the west side of the park. No underground
drainage will be needed, and no change in drainage quantity or character will be made.
Plans will not be submitted to a Texas Accessibility Specialist for review for compliance
with the Texas accessibility Standards.
Civic Center
The Civic Center parking lot has an asphalt parking lot with approximately 180 parking
spaces. The scope includes the main parking lot as well as the drive aisles and parking
that surrounds the area where the old County building once stood. This lot has
landscaped islands with irrigation and lighting. No lighting changes are anticipated, but a
number of the islands no longer have landscaping, so landscape plans will be prepared to
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complete those islands. Portions of the parking within the limits of this project were
improved when the County building was removed. Those areas will not be modified
unless grades or drainage require such modifications. The parking lot layout will not be
changed, even though the diagonal spaces do not appear to meet current City of Denton
dimension criteria. Changing the parking layout to accommodate current parking space
standards will require a total redesign of the parking lot, and a contract amendment. In
addition, there is no available space to accommodate current City of Denton parking lot
screening requirements. We will attempt to make modifications to portions of the layout
(for example, adding isolated islands) to meet the intent of the DDC in that respect, but no
retaining wall design is included in the scope of the agreement. Drainage in the main lot
generally surface flows to an inlet at the northeast corner of the parking lot. No drainage
changes are anticipated. A phasing plan will be prepared so that construction can be
carried out while retaining some parking availability during construction. Plans will be
submitted to a Texas Accessibility Specialist for review for compliance with the Texas
Accessibility Standards.
City Hall East (Railroad St.)
This parking lot has asphalt paving, and contains approximately 119 parking spaces. It
does not comply with the DDC landscaping requirements, as it has insufficient landscaped
islands and no parking lot trees or parking lot screening. The existing drive aisle is quite
wide, and will be narrowed to meet the parking lot standards and to provide room for a
sidewalk along the west side of Railroad Street as well as the required screening. It
appears there will be room to accommodate those requirements, though it will require a
short retaining wall along the right-of-way line. Both boundary and topographic design
survey have already been completed by TNP under a separate contract. Adding
landscaped islands will result in the loss of approximately 10 parking spaces. Accessible
spaces will not be added, but instead the number of accessible spaces across Railroad
Street, closer to City Hall East, will be added as needed. A total of five accessible spaces
will be required. To avoid allowing the parking lot runoff to drain across the sidewalk,
inlets will be needed to capture that flow. It appears that the most feasible approach will
be to connect these inlets to the storm drain that runs just to the north of City Hall East to
East Oak Street. Unfortunately, the capacity of that system is unknown at this time,
though the parking lot improvements will not increase the runoff in any way. The scope of
the design of this parking lot includes the necessary retaining wall and details, drainage
system in the parking lot to tie to the existing storm drain at Railroad Street, and the
necessary landscaping and irrigation to meet DDC requirements. While there is existing
high mast lighting on the parking lot, additional pedestrian level lighting will be added
along Railroad Street. Plans will not be submitted to a Texas Accessibility Specialist for
review for compliance with the Texas Accessibility Standards.
Service Center Conceptual Parking Study
Prior to preparing construction plans for the various parking lots at the Service Center,
TNP will conduct a conceptual parking study of the entire Service Center facility (see the
attached exhibit for the limits of the study). This study will take into account current plans
to relocate some of the operations from this facility to another City facility. It will also
involve interviews with City department heads, including operations staff at the facility, to
identify needed space and optimal traffic flow. The City will provide information regarding
the needed size of parking spaces for construction equipment, along with information
regarding work flow and how the facility can be best used. Auto-Turn will be used to
ensure that truck movements are adequately accounted for. This conceptual plan will be a
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high-level look at the facility, and will result in large (42“x36”) site maps of the entire facility
depicting proposed traffic flow and parking modifications. The site map will be based on
an aerial photo, to be taken using drone aerial photography, generating an aerial
photograph with 1” pixel resolution. Visitor parking will be addressed, along with
wayfinding signs and markings to guide visitors to appropriate parking and entries. This
facility does not currently comply with DDC parking and landscaping standards. We
recommend that these guidelines be followed for the parking lots designated for employee
and visitor parking, but not necessarily for those areas designated for heavy construction
equipment. Once the site layout is approved by City staff, design of the specific parking
lots can proceed.
Service Center - North Parking
This asphalt lot on the north side of the Service Center, at the entrance from Willis Street,
is primarily for employee parking, and has approximately 119 spaces. This lot has some
lighting, and no landscaped islands. Runoff is across the surface and primarily through
the Service Center site, though there appears to be a pair of storm drain lines that traverse
this parking lot and the remainder of the Service Center to convey off-site flows through
the property. The lot is irregularly shaped, resulting in some loss of efficiency, and one of
the drive aisles is the primary access to a large lot for parking heavy construction
equipment. It may be possible to reconfigure this parking lot to improve efficiency, but the
placement of landscaped islands will likely result in a loss of eight to ten parking spaces.
Since the parking lot is generally full to capacity, the possibility of expanding the parking lot
should be considered. The access drive to the heavy equipment parking area should be
paved with concrete or a thicker asphalt pavement section than the rest of the parking lot.
The scope of work in the improvements to this parking lot will include the parking lot itself,
along with landscaped islands and drainage inlets, if appropriate. The entry drive along
the west side of this lot will be addressed as part of the West Boundary Parking area.
Because this entrance is the main entrance to the entire Service Center, wayfaring
signage will be added to direct traffic entering the site. Plans will be submitted to a Texas
Accessibility Specialist for review for compliance with the Texas Accessibility Standards.
This accessibility submittal will include all the parking lots in the Service Center that are
reconstructed as part of this agreement.
Service Center - West Main Parking
This asphalt parking lot is situated on the west side of the main building and is primarily
equipment parking, containing approximately 72 parking spaces. This area also serves as
overflow visitor parking. Much of the parking consists of oversized spaces to
accommodate trailers and other equipment. Discussions with operations staff during the
Conceptual Parking Study will aid in the assessment of the parking layout. Because this
parking is primarily equipment parking, consideration should be given to a heavier
pavement section. Landscaped islands are not recommended for this parking lot because
of its use for equipment parking. Raised islands will introduce barriers to equipment
movement, canopy will interfere with large equipment, and the irrigation necessary,
coupled with the heavier equipment, will hasten the deterioration of the pavement. It may
be possible to add some landscaping and trees to the perimeter of this parking lot to add
screening, particularly along the west edge of this parking lot. All drainage will continue to
flow on the surface to the watercourse along the west side of the parking lot.
Service Center - West Boundary Parking
This parking area runs along the northwest side of the Service Center facility, parallel to
and adjacent to the railroad. It includes some limited employee and light truck parking,
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DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
and serves as the main entry drive into the Service Center. Due to the traffic on this entry
drive, consideration should be given to concrete pavement or a heavier asphalt pavement.
All drainage on this lot flows across the surface, eventually to the watercourse that
traverses the west side of the Service Center site. No changes are anticipated in the
drainage in this area. There are trees already growing all along the property line adjacent
to the railroad. No additional plantings are anticipated in this area. No additional lighting
is anticipated, unless the need for more lighting comes out of the Conceptual Parking
Study
Service Center - South of Texas Street Parking
This asphalt parking lot along the east side of the Fleet Maintenance facility on the south
side of Texas Street contains approximately 94 parking spaces. It supports primarily
employee parking, and also serves as the entrance to the Police Department impound
yard. It is situated in the old Crawford Road right-of-way. The lot is lighted, but there are
no landscape islands. Given the isolated location of this parking lot and the existing
natural screening to the east, no landscaping is anticipated for this parking lot. Runoff
appears to be conveyed overland from north to south, discharging off the property. No
changes to the drainage are anticipated. The scope of the work on this parking lot
consists of the parking improvements and landscaped islands. No lighting or storm drain
improvements are a part of this project.
Geotechnical Investigation
Borings will be taken as needed to verify thickness of existing materials and to identify
subgrade soils and strata to support subgrade recommendations at the various sites. A total
of twenty-five borings are assumed to a depth of five feet using a truck-mounted drilling rig.
Samples will be collected and tested, and the holes backfilled. Tests will include the following:
1. Moisture content
2. Atterberg limits
3. Percent passing No. 200 sieve
4. Soluble Sulfates
An engineering report will be prepared outlining the results of the tests, along with pavement
subgrade recommendations. The boring locations will be as identified by the Engineer, and
will be sampled at all the parking lots identified in this scope of work at one time. This item will
be considered an allowance, and will be billed at time and materials, up to but not exceeding
the amount shown on Attachment A.
Bid Support
1.ENGINEER will provide to the CITY a Notice to Bidders for advertisement for each
individual project for bid. Bid support is shown in Attachment A for each parking lot as
though it would be bid separately. If multiple parking lots are combined into a single bid
package, only one instance of bid support will be needed. The CITY shall bear the cost of
advertisement. Electronic bid documents will be provided in pdf format, no hard copy
plans for bidding purposes will be provided. Additional sets of plans required will be
considered Additional Services and will be paid for by the CITY at commercial printing
rates. The CITY shall be responsible for dispersing all plans and specifications from its
purchasing department to prospective bidders.
2 ENGINEER will provide technical support to the CITY during the Bidding & Contract
Award phase by responding to bidder and CITY questions, attending a Pre-Bid meeting (if
needed), reviewing the bids, reviewing bidder qualifications and references, and making a
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DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
recommendation of award to the CITY. ENGINEER will prepare necessary addenda
during the bidding phase for distribution by the City of Denton Purchasing Department.
3. Bid support will be provided as requested by the City, on an hourly basis.
ADDITIONAL SERVICES
The Additional Services shown below are not a part of the Basic Services, nor are they a
part of the total contract amount for this contract. They may be added at the request of the
City as a contract amendment. If they are not added to the contract within twelve months
they will be subject to a reevaluation of the proposed fee.
McKinney Street Parking Lot
This parking lot is situated on E. McKinney Street across from City Hall. It is the former site of
the Denton County Tax Office, and is surfaced with asphalt in a few locations and asphalt
millings in the remainder. There are wheel stops to delineate parking spaces. There are no
actual landscaped islands, though there are several large trees scattered throughout the
parking area. There are no drainage features such as inlets or storm drain. The lot does have
illumination, but we recommend new lighting similar to that at the new Cedar Street parking
lot. This parking lot will need to be evaluated and reconfigured to provide the maximum
parking spaces, while meeting the City of Denton DDC requirements for landscaping and
buffers. The design of this parking lot will begin with a site layout and discussions with the
Development Services Department to ensure DDC compliance. Because this is a new
parking lot, not a reconstruction, a drainage area map will be prepared to evaluate drainage
patterns and identify needed infrastructure. For the most part, runoff would surface flow to
McKinney Street and Oak Street. There is a curb inlet in McKinney near the site, but the
capacity of that system will need to be evaluated. It is assumed for this agreement that no off-
site storm drain improvements will be designed. Landscape islands and parking lot buffers will
be included as required. Preserving the existing trees will be attempted. Plans will be
submitted to a Texas Accessibility Specialist for review for compliance with the Texas
Accessibility Standards.
Construction Support
1.
2.
3.
4.
TNP will attend the Pre-Construction meeting to answer questions and assist City staff.
TNP will review any necessary shop drawings and submittals.
TNP will assist the City staff as requested with issues that arise during construction.
TNP will provide limited construction inspection during the construction of the projects,
consisting of an average of up to 10 hours per week during construction of the various
sites to observe progress and ensure compliance with the construction plans. This
should not be considered detailed daily construction inspection and project oversight.
5.TNP will review monthly pay requests from the Contractor for accuracy and for
consistency with the status of the work, and will provide a recommendation of payment
to the City for those pay requests.
6 All construction support services will be provided at hourly rates, at the request of City
staff
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DocuSign Envelope ID: IEOE2E33-06EA47FC-924A-53E822EDEE10
ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER
The CITY or the CITY's designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and materials upon request:
1. Available past studies, drainage reports, and mapping relative to the project.
2. GIS shape files that include layers such as streets, buildings and existing utilities as
requested .
3. Applicable standard City of Denton details.
PROJECT SCHEDULE
The attached schedule represents the time needed to complete the necessary surveying and
prepare construction plans and bid documents. Once the project is underway, we can work with
the various City departments (particularly Parks Department) to identify the best times to bid the
projects in light of anticipated uses (such as sports schedules, etc.). This schedule assumes
that the Notice to Proceed is issued on or before May 7, 2018. It has been assumed for this
schedule that all of the Service Center parking lots plans will be developed together, though
they will be done in a way that they could be bid separately if so desired. The schedule allows
for a one-week City staff review of preliminary plans for each parking lot.
This schedule assumes an orderly progression of the ENGINEER’s services. Delays beyond
the control of the ENGINEER may be cause for extension of this period of service.
If CITY has requested significant modifications or changes in the general scope, extent or
character of the Project, the time of performance of ENGINEER’s services shall be adjusted
equitably.
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DocuSign Envelope ID: IEOE2E33-06EA-47FC-924A-53E822EDEE10
Exhibit c
House Bill 89 - Government Code 2270
VERIFICATION
I, Gary L vickery , the undersigned
representative of Teag., Na11 and Pe,kI.s, I.,Company or Business name
(hereafter referred to as company), being an adult over the age of eighteen (18)
years of age, verify that the company named-above, under the provisions of
Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above-named
Company, business or individual with City of Denton.
Pursuant to Section 2270.001, Texas Government Code :
“Boycott Israel “ means refMsing to deal with, terminating business activities
with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifIcally with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business
purposes ; and
1
2. “Company“ means a for-probt sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership,
limited liability partnership, or any limited liability company, including a
wholly owned subsidiary, majority-owned subsidiary, parent company or
agUide of those entities or business associations that exist to make a profIt.
Gary L vlckery
Name of Company Representative (Print)
’Company Representative
4/30/2018
Date
DocuSign Envelope ID: IEOE2E33-06EA-47FC-924A-53E822EDEEI O
Exhibit D
Senate Bill 252 -Government Code 2252
CERTIFICATION
I, Gary L vickerY , the undersigned
representative of Teague Na11 and Perkins , Inc.
(Company or business name) being an adult over the age of eighteen (18) years of
age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and
Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of
companies that are identified under Section 806.051, Section 807.051 or Section
2253.153. 1 further certify that should the above-named company enter into a
contract that is on said listing of companies on the website of the Comptroller of
the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Denton’s Materials
Management Department.
Gary L Vlckery
Name of Company Representative (Print)
)
4/30/2018
Date