22-1931ORDINANCE NO. 22-1931
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH PACHECO KOCH CONSULTING ENGINEERS, LLC, FORTHE STABILIZATION OF THE COOPER CREEK STREAMBANK WITHIN AVONDALEPARK FOR THE PARKS AND DRAINAGE DEPARTMENTS AS SET FORTH IN THE
CONTRACT; PROVDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFQ 7599-o09 – PROFESSIONAL SERVICESAGREEMENT FOR ENGINEERING SERVICES AWARDED TO PACHECO KOCH
CONSULTING ENGINEERS, LLC, IN THE NOT-TO-EXCEED AMOUNT OF $309,559.00).
WHEREAS, on May 18, 2021, the City Council approved a pre-qualified professional
engineering list (Ordinance 21-894); and
WHEREAS, the professional services provider (the “Provider) mentioned 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, this procurement was undertaken as part of the City’s governmental function;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, or their designee, is hereby authorized to enter into an
agreement with Pacheco Koch Consulting Engineers, LLC, for the stabilization ofthe Cooper Creek
streambank within Avondale Park for the Parks and Drainage Departments, a copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton hereby 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 to the City Manager of the City of Denton, or their 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.
s e c o n d e:hb: t%mIT th :yo i a n da : :the following vote Il - l] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2:Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
li
V/V./
V/7
V‘
PASSED AND APPROVED thi, th, Land,y ,f CU)btr _, 2022.
ATTEST: L)BOOTYaos+BROS. CITY SECRETARYaesds SALAZAR n\\illini
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MaKellaLunn
DN: cn=Marcella Lunn, o.
]'Jr\vb ::==r=frFSETun£n@dvofdenton.com. c=USDate: 2022.09.15 15:48:14-05'00'
IBY:\N,L\fcMJ\
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DENTON
Docusign City Council Transmittal Coversheet
PSA 1 7599-o09
File Name Avondale Streambank
Purchasing Contact c ''i p '"'‘
City Council Target Date OCTOBER 18’ 2022
Piggy Back Option
Contract Expiration
Ordinance
Not Applicab1 e
N/A
all –X=J I
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CITY OF DENTON, TEXASSTANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality("CITY"), and Pacheco Koch Consulting Engineers, LLC, with its corporate office at7577 Rambler Rd.. Suite 1400. Dallas. TX 75231 and authorized to do business in Texas.
("ENGINEER"), for a PROJECT generally described as: Avondale Park Channel
Stabilization Project (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Exhibit A. These services shall be performed in connection withthe PROJECT,
B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by ENGINEER or its consultants, subcontractors and/orsuppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resultingfrom oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A.The ENGINEER shall be compensated for all services provided pursuant to thisAGREEMENT in an amount not to exceed $309,559 in the manner and in accordance
with the fee schedule as set forth in Exhibit B. Payment shall be considered fullcompensation for all labor, materials, supplies, and equipment necessary tocomplete the services described in Exhibit A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continuefor a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by theCITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Exhibit C.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1 ) The Engineer shall provide the City sufficient documentation, including but notlimited to meeting the requirements set forth in the PROJECT schedule as setforth in Exhibit C to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) in the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting 'any bill or portion thereof. Nointerest will accrue on any contested portion of the billing until mutually resolved.
(5) if the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity forsubcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerningthe results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Exhibit A.
(2) in soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties insubsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of theENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink onreproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in anymanner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER orits personnel in any way responsible for those duties that belong to the CITYand/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, andresponsibilities, including, but not limited to, all construction methods, means,techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with theAGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority toexercise any control over any construction contractor or other entity or theiremployees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth inExhibit A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
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or quality of the completed work on the PROJECT or to determine, in general, ifthe work on the PROJECT is being performed in a manner indicating that thePROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY
(3) When professional certification of performance or characteristics of materials,systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the currentavailable information at the time of preparation, in accordance with Exhibit A.
(2) in providing opinions of cost, financial analyses, economic feasibility projections,and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipmentor structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimatePROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,or schedules will not vary from the ENGINEER's opinions, analyses, projections,or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progresspayments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent thatcontinuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that theENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
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or equipment has passed to the CITY free and clear of liens, claims, security interests, orencumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid .
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiledand furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. TheENGINEER is not responsible for any errors or omissions in the information from othersthat is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER fa.cilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with theprovisions of this section. The CITY shall give ENGINEER reasonable advancenotice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreementshereunder a provision to the effect that the subconsultant agrees that the CITYshall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy anydirectly pertinent books, documents, papers and records of such subconsultant,involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall beprovided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits
(3) ENGINEER and subconsultant agree to photocopy such documents as may berequested by the CITY. The CITY agrees to reimburse ENGINEER for the costof copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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J. INSURANCE
(1) ENGINEER’S INSURANCE
a.Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercialumbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall applyseparately to this PROJECT or location.
i.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY.
ii.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to theextent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained inaccordance with this AGREEMENT.
b.Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned isacceptable.
i.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
C.Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
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i.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to theextent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT.
d.Professional Liability – ENGINEER shall maintain professional liability, aclaims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,whichever is earlier. Coverage shall be maintained for a period of 5 yearsfollowing the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted tothe CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to itsexecution .
b.Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as itsinterests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contractedservices
c. Certificate(s) of insurance shall document that insurance coveragespecified in this AGREEMENT are provided under applicable policiesdocumented thereon.
d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation shall be provided to
the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective DepartmentDirector (by name), City of Denton, 901 Texas Street, Denton, Texas76209
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A-: VII or otherwise accepted to theclient, in the current A.M. Best Key Rating Guide or have reasonablyequivalent financial strength and solvency to the satisfaction of Risk
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Management.
g.Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. TheCITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY
h. Applicable policies shall each be endorsed with a waiver of subrogationin favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies includingendorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on aclaims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shallstate both the retroactive date and that the coverage is claims-made.
k Coverages, whether written on an occurrence or claims-made basis,shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until finalpayment and termination of any coverage required to be maintained afterfinal payments.
1.The CITY shall not be responsible for the direct payment of anyinsurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonablyequivalent insurance coverage as required for the ENGINEER. Whensub consultants/subcontractors maintain insurance coverage,ENGINEER shall provide CITY with documentation thereof on acertificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as asubcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
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shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it willmake disclosure in writing of any conflicts of interest that develop subsequent to thesigning of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are encountered or suspected,the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the ENGINEER to assist in obtaining the services of a qualifiedsubcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should havebeen aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed perExhibit C to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall not engage in any discriminatory employment practice. No person shall,on the grounds of race, sex, sexual orientation, age, disability, creed, color,genetic testing, or national origin, be refused the benefits of, or be otherwisesubjected to discrimination under any activities resulting from this
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AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER andENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for theENGINEER's performance of its services. The CITY will perform, at no cost to theENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. TheCITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, andpay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for theENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurancecounselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timelymanner in accordance with the PROJECT schedule prepared in accordance withExhibit C
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes orbecomes aware of any development that affects the scope or timing of the ENGINEER'sservices or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
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(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from anydamage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofENGINEER’s negligence or if ENGINEER brings such hazardous substance,contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing forcontractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain nodirect action against the ENGINEER, its officers, employees, andsubcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITYand the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity orperson regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
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associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertakenor defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties
K. Changes
The CITY may make or approve changes within the general Scope of Services in thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required forperformance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of awritten Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of theENGINEER, whether in hard copy or in electronic form, are instruments of service for thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments ofservice without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts ofGod, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
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(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice toENGINEER.
b.by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and the
nonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails todiligently complete the correction .
(2) if this AGREEMENT is terminated for the convenience of the City, theENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specificationsor other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document thework underway at the time of the CITYS termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, anequitable adjustment in the PROJECT's schedule, commitment and cost of theENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMITrED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
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CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
1.Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws andregulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, lawsordinances and regulations which may exist or may be enacted later by governing bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding orignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OFTHE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION.WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
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copies of all 1-9 forms and supporting eligibility documentation for each employee whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal andState laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision byENGINEER
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods 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 thecontract. The terms “boycott Israel” and “company” shall have the meanings ascribed tothose terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides writtenverification to the City that Engineer: (1) does not boycott Israel; and (2) will notboycott Israel during the term of the agreement. Failure to meet or maintain therequirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing this agreement, Engineer certifies that Engineer’s signature provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeign terrorIst organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and“company” shall have the meanings ascribed to those terms in Section 809.001 of the
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 15 of 19
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Texas Government Code. By signing this agreement, Engineer certifies thatEngineer’s signature provides written verification to the City that Engineer: (1)does not boycott energy companies; and (2) will not boycott energy companies
durIng the term of the agreement. Failure to meet or maintain the requirementsunder this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1 ) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms“discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By sIgning this agreement, Engineer certifiesthat Engineer’s signature provides written verification to the City that Engineer:(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will beconsidered a material breach.
P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets therequirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908of the Government Code. The law states that the City may not enter into this contractunless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Engineer submits the signed contract. The Texas Ethics Commissionhas adopted rules requiring the business entity to file Form 1295 electronically with theCommission.
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
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Engineer will be required to furnish a Certificate of Interest Parties before the contract isawarded, in accordance with Government Code 2252.908.
The contractor shall:
1.
2
3
4
5
6.
Log onto the State Ethics Commission Website at :
https://www .ethics.state.tx.us/filinginfo/1295/
Register utilizing the tutorial provided by the StatePrint a copy of the completed Form 1295Enter the Certificate Number on page 2 of this contract.Complete and sign the Form 1295Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
R. 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 performanceof 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 theCity 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 besubject to disciplinary action up to and including dismissal. Any violation of thisprovision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Engineer shall complete and submit the City’sConflict of Interest Questionnaire.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only bechanged by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT:
Exhibit A - Scope of ServicesExhibit B - Compensation
Exhibit C - Project Schedule
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 17 of 19
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Exhibit D - Location Map
These documents make up the AGREEMENT documents and what is called for by oneshall be as binding as if called for by all. In the event of an inconsistency or conflict inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on10/18/2022
ENGINEER CITY OF DENTON, TEXAS
DocuSlgned by:
BY,[ &}.+_(:_PoP
L
'DocuSigned by:
BY, Is'.'H„„Z+
City Manager
Printed Name: Randall P. Pogue, P.E.ATTEST:ROSA RIOS. CITY SECRETARY
DocuSlgned by:By. I R%4RLeI
, IC5CA8C5E 1 75493
Title: Vice President. Land Division
214-473-4640
PHONE NUMBER
.randy .pogue@westwoodps.com.EMAIL ADDRESS APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
2022-921244
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
'DocuSlgned by:
Al LAIAA
[8070831 B4AA438
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 18 of 19
DocuSign Envelope ID: 36C6341 1-172E4934-88E9-EIBEAI FD3D6D
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
-DocuSlgned by:
R'I''€n O'n4T Rebecca Divi ney
MfATtIKE PRINTED NAME
D1 rector of Caplta1 Projects/Clty Engineer
TITLE
Capita1 projects/Engineering
DEPARTMENT
City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22
Page 19 of 19
DocuSign Envelope ID: 36C63411-172E4934-88E9-EIBEAI FD3D6D
EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC, (CONSULTANT) for ConsultingServices
EXHIBIT 'A’ - SCOPE OF SERVICES
AVONDALE PARKCHANNEL STABILIZATION PROJECT
PROJECT DESCRIPTION:
The Avondale Park Channel Stabilization project consists of performing hydraulic and
erosion analyses, and channel stabilization and erosion protection capital improvementdesign for Avondale Park from Nottingham Drive upstream approximately 2,000 linear feetto E. Windsor Drive (PROJECT). The existing Avondale Park Cooper Creek channel iswidening and the channel banks are experiencing severe cliff erosion and some localized
global slope failures. There is also an existing sanitary sewer line and trail that is beingthreatened by the channel erosion. Natural channel bank stabilization alternatives will beformulated, analyzed and designed. Anticipated project study tasks include limitedhydrologic, hydraulic and erosion analyses to determine the factors contributing to erosionand parameters for design improvements. Design tasks will include topographic fieldsurvey, geotechnical analysis, environmental permitting assistance, structural analysis,preparation of construction documents, development of opinions of probable constructioncost and bid and construction phase services. Exhibit D is a Project Location Map which
shows the project location limits.
BASIC SERVICES:
A.Project Management, Coordination & Data Collection
1.Manage the Team:
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members• Allocate team resources
2 Communications and Reporting:
• Attend a pre-design project kickoff meeting with OWNER staff to
confirm and clarify scope, understand OWNER objectives, andensure economical and functional designs that meet OWNERrequirements .
Conduct review meetings with the OWNER at the end of eachstudy/design phase.
Prepare and submit monthly invoices in the format acceptable tothe OWNER.
Prepare and submit monthly progress reports.
Prepare and submit baseline Project Schedule initially and ProjectSchedule updates.
•
•
•
•
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EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC, (CONSULTANT) for ConsultingServices
•Coordinate with other agencies and entities as necessary for thedesign of the proposed infrastructure and provide and obtaininformation needed to prepare the design.
With respect to coordination with permitting authorities,CONSULTANT shall communicate with permitting authorities such
that their regulatory requirements are appropriately reflected in thedesigns. CONSULTANT shall work with regulatory authorities toobtain approval of the designs, and make changes necessary tomeet their requirements.
•
3.Data
•
Collection:
Perform field visit to walk Avondale Park from Nottingham Drive
upstream approximately 2,000 linear feet to E. Windsor Drive toobserve and photograph existing conditions.
CONSULTANT will hold project kickoff meeting with OWNER toconfirm project scope, schedule and deliverables.
OWNER to provide available plat, easement, aerial photography,
existing drainage plan studies, existing utility as built plans,proposed park improvements, available GIS information, andhydrologic and hydraulic models for Avondale Park and CooperCreek
CONSULTANT will assist the City to obtain the effective AvondalePark and Cooper Creek hydrologic and hydraulic models fromFEMA
In addition to data obtained from the OWNER. CONSULTANT will
research proposed improvements in conjunction with any otherplanned future improvements known by the OWNER that mayinfluence the project.
The CONSULTANT will identify and seek to obtain data for existing
conditions that may impact the project including but not limited to;utilities, agencies (TxDOT and USCOE), OWNER Master Plans,
and property ownership as available from the Tax Assessor's office .
•
•
•
•
•
4 Utility
•
Coordination:
The CONSULTANT will consult with the OWNER, public utilities,
private utilities and government agencies to determine the
approximate location of above and underground utilities, and otherfacilities (current and future) that have an impact or influence on theproject. CONSULTANT will design OWNER facilities to avoid orminimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.CONSULTANT will facilitate a utility coordination meeting with the
City and major franchise utilities in the field to determine potential
utility constraints, relocation options and costs for capitalimprovement design.
•
8/4/2022 Page 2
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EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,LLC, (CONSULTANT) for ConsultingServices
B.Hydrologic, Hydraulic and Erosion Analyses:1. Existing ConditIons Analysis
• Hydrologic, hydraulic and erosion analyses of the existing AvondalePark will be conducted from Nottingham Drive upstream approximately2,000 linear feet to E. Windsor Drive in accordance with requirements
outlined in the City of Denton’s Stormwater Design Criteria and theiSWM Technical Manual standards.
• The effective Avondale Park and Cooper Creek hydrologic models willrequested from FEMA and will be used as a baseline model foranalysis, if available. Design discharges for Avondale Park from theeffective FEMA baseline model or available studies for key design
locations will be utilized for design. Available hydrologic models maybe updated based on recent or anticipated development. No newcreation of hydrologic models are anticipated for this study.
The effective Cooper Creek hydraulic models will be requested fromFEMA and will be used as baseline models for analysis. Additional
cross sections will be added as needed to the hydraulic model basedon field survey performed for the PROJECT (described in Section G.)or available LiDAFR point cloud data.
The hydrologic and hydraulic analyses will be used to determine design
discharges and hydraulic parameters for channel capital improvementdesigns.
•
•
•An erosion assessment of Avondale Park from Nottingham Drive
upstream approximately 2,000 linear feet to E. Windsor Drive will beconducted through field observation of drainage patterns and soilconditions. Observation of severely eroded channel banks, global slopefailures and other factors contributing to erosion will be determined.The updated hydraulic model will be used to aid in determiningmaximum allowable shear stress and channel velocity for stream andbank stabilization alternative improvements.
CONSULTANT will perform QA/QC of existing conditions analyses.•
C.Feasibility Design Package:
• The CONSULTANT will analyze up to three (3) erosion protectionalternatives through Avondale Park and determine strategic locationsfor channel stabilization and erosion protection measures. TheCONSULTANT will determine limits of proposed channel bank, utility
and drainage outfall improvements.• A downstream assessment of the proposed alternatives will beperformed to the point where the impact is negligible on the watersurface elevation of Cooper Creek.
• Cooper Creek is a detailed FEMA Zone AE studied stream withestablished base flood elevations. A preliminary floodplain analysis will
be performed to determine the effects of proposed capitalimprovements on the effective FEMA floodplain and adjacentproperties. No FEMA request for Letter of Map Revision (LOMFR) isanticipated for this PROJECT.
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EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) and
Pacheco Koch Consulting Engineers,LLC, (CONSULTANT) for ConsultingServices
•The CONSULTANT will prepare a technical memorandumsummarizing key design elements of proposed alternative capital
improvements, considered and the recommended design concepts.The technical memorandum will include exhibits and conceptualopinions of probable construction cost.
The CONSULTANT will perform QA/QC of technical memorandum.
The CONSULTANT will hold a project summary meeting with the Cityto present recommendations and obtain the OWNER’s endorsement of
the selected concept before proceeding with Capital ImprovementDesign
•
•
D.Preliminary Design Plans - At such time as CONSULTANT is directed by
OWNER, CONSULTANT shall prepare preliminary design plans, including adetailed demolition and protection plan sheets, detailed plan and profile sheetsfor proposed channel improvements, quantity sheets, and construction details.Preliminary plans will be of sufficient detail for submission for franchise utility
review. The requirements for preliminary plans will be in accordance with the
City of Denton Design Criteria Standards. An updated preliminary opinionof probable construction cost for proposed capital improvements will besubmitted. The CONSULTANT will perform QA/QC of preliminary plans. A
preliminary plans review meeting and project walkthrough with the OWNER willbe conducted. Preliminary plans must be approved by OWNER prior toCONSULTANT commencing with the preparation of final design plans.
E.Final Design Plans and Specifications - Upon acceptance of preliminary plansby the City, the Engineer shall prepare final design plans and specifications.Final plans shall be consistent with previous sections and shall include: Right-of-way plans and documents, final construction plans, erosion control, trafficcontrol and project phasing sheets, bid proposal and special specifications as
required. An updated final opinion of probable construction cost for proposedcapital improvements will be submitted. The CONSULTANT will performQA/QC and constructability review of final plans.
F.Public Meeting Assistance - The CONSULTANT shall assist the OWNER withthree (3) public, City staff and City Council meetings. The CONSULTANT willprepare exhibits, attend, help facilitate meetings and answer questions.
G.Field Survey - CONSULTANT will perform an on the ground survey of theproperty under the direct supervision of a Registered Professional LandSUIveyor.
•Included in this item: Establish survey control, location of permanentimprovements on, and immediately adjacent to, the site, spot elevations ona 50-foot grid, contours on one foot intervals. Elevations for paving on, andimmediately adjacent to, the site, locations, common name and trunkdiameter of trees over 6-inches in caliper or the outline of heavily woodedareas, location of visible utilities and appurtenances, location and sizes of
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EXHIBIT A to Agreement between theCity of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC, (CONSULTANT) for ConsultingServices
underground utilities based on available record information. All trees,fences and structures within 50’ of top of bank. Survey limits will be
between fence lines for residential properties. We do not anticipate havingto enter private property. We may send out property owner notificationletters to notify them we will have surveyors in the vicinity.50' cross sections
Detailed topo of drainage structure, erosion area, pedestrian bridge
H&H survey of Nottingham Bridge, plus one additional downstream cross-section .
Not included in this item: Survey of adjacent structure finish floorelevations. Species names of trees, trees less than 6-inches in diameter,
tree locations and identification in heavily wooded areas, boundarysurveying, research or review of easements that may affect the subjecttract, subsurface utility engineering services, location of irrigation controlvalves.
•
•
•
•
H.Geotechnical Analysis:1. Through a qualified subcontractor, CONSULTANT shall:Perform soil investigations for five (5) sample soil borings to depths ofapproximately 25 feet below existing grade and 5 feet into existinglimestone layer, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditionswill be made.
Provide recommendations regarding earthwork and constructionconsiderations for proposed capital drainage improvements based on
geotechnical analyses.
•
•
1.Structural Analysis:1. CONSULTANT shall
• Evaluate failing storm drain system outfalls and provide recommendedimprovements.
• Perform structural analysis required for proposed alternative channel bank
improvements.
J.Environmental Permitting Assistance:1. CONSULTANT shall:
Environmental permitting tasks will be performed with the intent of
meeting regulatory agency requirements while minimizing permitting andmitigation costs.
Perform cultural resources pedestrian survey, reporting and coordinationwith the Texas Historical Commission (THC) for project site and adjacentHeritage Park site.
Perform jurisdictional Waters of the United States delineation.
Prepare US Army Corps of Engineers (USACE) Section 404 NationwidePermit application for (NWP) 13-Bank Stabilization or NWP 42-Recreational Facilities, with preconstruction notification, if necessary, for
•
•
•
•
proposed improvements .
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DocuSign Envelope ID: 36C634 11-1 72E4934-88E9-EIBEAI FD3D6D
EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC, (CONSULTANT) for ConsultingServices
•
•
Coordinate with USACE for NWP verification, if necessary.
Prepare Environmentally Sensitive Area Assessment (ESA) anddocumentation of compliance with the federal Endangered Species Act.
Review available information regarding ESAs from the City of Denton’sInteractive GIS map. Review the potential for federally threatened and
endangered (T&E) species by reviewing the Texas Natural DiversityDatabase natural heritage data and a project review request by the U.S.Fish and Wildlife Service. Based on the information obtained from these
sources and review of online data related to T&E species and criticalhabitat, Westwood will conduct a reconnaissance-level site visit to
document and evaluate the natural vegetation communities and landscapefeatures such as drainages and washes, water impoundments and wetland
areas, and hillsides for their potential to support federal threatened orendangered species. All wildlife species observed during the sitereconnaissance will be recorded and photographs will be taken of the
representative habitats and landscape features within the Project Area.
Prepare a brief memo-style report with exhibits summarizing our findings.The memo report will document ESAs in or around the Project, as well asthe potential for presence of T&E species.
•
K Bid Phase Assistance - The CONSULTANT shall assist the OWNER during this
phase including preparation and delivery of any substantial additional addendum
plan changes. The CONSULTANT shall attend the scheduled pre-bidconference. The CONSULTANT shall assist in reviewing the bids forcompleteness and accuracy. The CONSULTANT shall attend the project bidopening, develop bid tabulations in hard copy and electronic format and returncopies of the bid tabulation, along with the contract documents to the City within
three (3) working days after bid openings. Assist City with contractor selectionand reference verification.
L Construction Phase Assistance - The CONSULTANT shall attend the pre-construction conference for the project. The CONSULTANT shall also consultwith and advise the CITY on design and/or construction changes, if necessary.
The CONSULTANT will make monthly site visits to observe constructionactivities. The CONSULTANT will not provide resident representation on theconstruction site. The CONSULTANT will prepare as-built drawings of
constructed channel stabilization improvements.
M.Submittal Requirements / Direct Expenses - CONSULTANT shall submit an
electronic copy of the drawings in a format acceptable to the OWNER. Therewill be no printed submittals. Included in this item are usual and customary
expenses normally incurred during performance of the services described.These expenses could include courier delivery charges and mileage.
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DocuSign Envelope ID: 36C63411-1 72E4934-88E9-EIBEAI FD3D6D
EXHIBIT A to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC, (CONSULTANT) for ConsultingServices
Services not included in this contract:
•
•
Construction inspection services
Public hearings or City Council/Commission meetings
Request for Letter of Map Revision (LOMFR) or FEMA correspondenceRequired application and permitting fees (LOMF?) or special insurance premiumsare not included
Phase II Environmental Site Assessments
Storm Water Pollution Prevention Plans (SWPPP)
END OF EXHIBIT 'A’
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EXHIBIT B to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC (CONSULTANT) for ConsultingServices
EXHIBIT 'B’ - COMPENSATION AND METHOD OF PAYMENT
AVONDALE PARKCHANNEL STABILIZATION PROJECT
COMPENSATION :
For all professional services included in EXHIBIT 'A’, Scope of Services, theCONSULTANT shall be compensated on a fixed fee lump sum basis of $309,559.00 as
summarized below. The total lump sum fee is to be considered full compensation for theservices described in EXHIBIT A, including all labor materials, supplies, and equipmentnecessary to deliver the services. A detailed estimate of projected man hour costs is
included as EXHIBIT B-1 (Attached).
Basic &A
BC
DEFG
H
IJKL
MTOTAL
Special ServicesProject Management, Coordination & Data Collection
Hydrologic, Hydraulic and Erosion AnalysisFeasibility Design Package
Preliminary Design PlansFinal Design PlansPublic MeetingsField Survey
Geotechnical Investigation
Structural AnalysisEnvironmental PermittingBid Phase AssistanceConstruction Phase Assistance
Direct Expense
&a
&
&
&
&
&
&
&
&S
&
&g
30,42037,43032,71555,61063,8358,060
20,00013,4004,400
11 ,800
7,87023,425594
309.559
METHOD OF PAYMENT:
The CONSULTANT shall be paid monthly payments as described in Article 3 of theAGREEMENT. The cumulative sum of such monthly partial fee payments shall notexceed the total current project budget including all approved Amendments. Eachinvoice shall be verified as to its accuracy and compliance with the terms of thisAgreement by an officer of the CONSULTANT.
Monthly statements for reimbursable services performed by sub consultants will bebased upon the actual cost to the CONSULTANT plus ten percent (10%). Directexpenses for services such as printing, express mail, fees, mileage and other directexpenses that are incurred during the progress of the project will be billed at 1.1 timesthe CONSULTANT’S cost.
END OF EXHIBIT 'B’
8/4/2022 Page 1
DocuSign Envelope ID: 36C6341 1-1 72Ez}934-88E9-EI BEAIFD3D6D
EXHIBIT B.1
ESTIMATE OF PROJECTED MAN HOUR/COSTS
Capital Improvements Design
AVONDALE PARK CHANNEL STABILIZATION
City of Denton
Jul-22
I. BASIC SERVICES
A Project Management, Coordination & Data CollectIon
Principal
3260.00
Cost
$
S
S
$ 1 ,040.00
S
1040.0
Principal
3260.00Cost
Project Manager
Rate 3235.00
Hrs. T CostmIT–m5
8.o 1 s 1,880.oo8.o 1 s 1,880.oo
16.o 1 s 3.760.oo
8.o 1 s 1,880.oomrT–lm
Project Manager
Rate 3235.00Hrs.TnT
Senior Englmr
Rate 3200.00
Hrs. [ Costm-8.o is 1,600.oo
8.o is 1,600.oo
16.o 1 s 3,200.oo8.o is 1.600.oom1
Senior Engineer
Rate 3200.00r C=
ProJect Engineer
Rate S1 30.00
Hrs.T Costn8 s––
40.o 1 $ 5,200.oo
8.o I $ 1,040.oo16.o 1 s 2,080.oo8.o 1 s I,040.oom8[–-ii4m
Project EngineerRate 3130.Wmr Cost
CAD/GIS Designer
Rate 8110.00TT CostT
8.o 1 $ 880.oo$
8.o 1 s 880.oo$ml1
CAD/GIS Designer
Rate Sl 10.00r
]
]
Is:
Cost
]
+
] =, J,;"
11
IF
Rate
Hrs.
Ad31 ml
875.00coT
S
S 150.00
S
S 150.00
S 300.0
Admin Asst
$75.00
Cost
TOTAL
Hrs.mrs
56.o is16.o is
44.o is16.o isT72nT-s-
Project Management asmi-Data Collection
Site VISit
Projnt Meetings (4)
Utility C<x>rdination
Cost
8,560.00
8.110.00
2,920.00
7,910.00
2,920.00
30,420.00
2.0
2.0
4.0
Rate
Hrs.
Subtotal
B. Hydrologic, Hydraulic and Erosion Analysis TOTAL
Hrs.
Exisbng Conditions
Review Exisitng Hydrologic and Hydraulc Models
Revise/Update Hydrobgic Model
Calwlate Design Discharges
Create/Revise Hydraulc Model based on fieldsurvey/LiDAR
Perform Erosion Assessment
QA/QC
Subtotal
Cost
1.o 1 s 260.oo 1 8.o is 1,880.oo 1 8.o is 1,600.oo 1 16.o 1 s 2.080.oo 1 is1.o 1 S 260.oo 1 12.o 1 s 2,820.oo 1 12.o I s 2,400.oo 1 16.o 1 s 2,080.oo 1 is1.o 1 s 260.oo 1 12.o I s 2,820.oa 1 12.a 1 s 2,4ao.QO 1 16.Q 1 s 2,080.oo 1 is
S
S
S
25.o is29.o is
29.o is
4.220.00
5,160.00
5,160.00
1.0
$ 520.00
$ 520.00
$ 2,080.00
Principal
3260.00
Cost
1 ,040 ,00
520.00
520.00
520.00
520.00
$ 260.00
16.o 1 s 3,760.oo2.o 1 s 470.ooMIT
Project Manager
Rate 3235.00
Hrs. oImF–m4.o 1 s 940.oo
12.o 1 s 2.820.oo8.a 1 s 1,880.oo2.o 1 s 470.oo
3.o 1 s 705.ooml5
Project Manager
Rate 3235.00Hrs. Tcost78178.o 1 s 1,880.oo2.o 1 s 470.oo
4.o 1 s 940.ooRFEs–mTre
Rate 3235.00
rmli616.o 1 s 3,760.oo
8.o is 1,880.oo
2.o 1 s 470.oo3.o 1 s 705.ooTT§4e
Rate 3235.00
Hrs. T- -a-;RiFmIii
16.o 1 s 3,760.oo
16.o 1 s 3,200.oo2.o 1 s 400.oo;mnli63Tle FRom
Rate 8200.00
Hrs.I CostTs8.o 1 s 1.600.oo
12.o 1 s 2.400.oo
8.o is 1.600.oo2.o 1 s 400.oo
3.o 1 s 600.ooRrr8m
Senior Engineer
Rate 3200.00
rToTTrToi3T8.o 1 s 1.600.oo2.o 1 $ 400.oo
4.o 1 s 800.oorsmo37Seniomn-eT
Rate 3200.00
Hrs. oToTdTf––Em:di-
16.o 1 s 3,200.oo8.Q 1 s 1,600.oo
2.o 1 s 400.oo3.o 1 s 600.ooms––BTimT
I
Rate 3200.00
Hrs] CostmEn
16.o 1 s 3,200.oo
24.o 1 s 3,120.oo 1 24.o 1 S 2,640.oo
T1 T56Mmo o
Rate 3130.00 1 Rate $110.00s os Fs G;FnTUTm3o–-Tm7
16.o I $ 2.080.oo 1 8.o 1 $ 880.oo
3.o 1 s 390.oo 1 1 sTg ToID FmT
Ema CAD/GIS Designer
Rate SI 30.00 1 Rate Sl 10.00iiITs TsTnFT-aTo mmo o
8.o 1 s 1,040.oo 1 1 S
S S
24.o 1 s 3.120.oo 1 40.o 1 $ 4,400.oo8.o is 1,040.oo 1 1 s
S S
S $
24.0 $2,640.00
S
STi-Ti-
c
Rate
Hrs,
S 81.o is
66.0
4.0
234.0
11 ,860.00
10,040.00
990.00
37,430.00
C. Feasibility Design Package TOTAL
Hrs.
m730.o is
78.o is
18.o is4.o is
6.o is
72
Formulate and Analyze Design Improvement /=s-Perfbrm Downstream Assessment
Prepare Technial Memorandum and Exhibits
Prepare Conceptual OPCC
QA/QC
Summary Meetin!
$
$
$
S
S
$
$ 3,120.00
Principal
3260.00
Cost
$ 1 ,040.00
$ 520.00
$ 520.00
$ 1 ,040.00
$ 3,120.00
Principal
3260.00
Cost
1 ,040.00
520.00
520.00
520.00
Cost
11 .760.00
4.420.00
10,860.00
3,440.00
990.00
1.245.00
32,715.00Subtotal
2.02.0
Rate
Hrs.
1 50.00
1 50.00
Admin Asst
$75.00
Cost
S
S
S
S
SAdmin Asst
D. Preliminary Design Plans TOTAL
Hrs.
m3
18.o is4.o is
12.o is
m2
Prepare Prelirrl;Mesr
Update Preliminary 0PCCQA/QC
Project Design Review Meeting/Project Walkthrough Subtotal 4.o 1 s 520.oo 1 1 $372:i-m
CAD/GIS Designer
Rate Sl 30.00 1 Rate $1 10.00s as mT–mBTo 1mo40.o 1 s 5,200.oo I I s
8.o 1 s 1.040.DO I I S
Cost
48,680.00
3,440.00
990.00
2,500.00
W50.0
Rate
Hrs.
E. Final Design Plans and Specifications TOTAL
Hrs.
m358.o is
18.o is
4.o is6.o is
m4
Prepare Final Design Plan Sheets
Prepare Design Spedfications Manual
Prepare Final OPec
QA/QC
Project Design Review Meetin!
$
$
S
S
$
$ 2,600.00
Principal
S260.OO
[M&I
1
s - 1 is3.o 1 s 390.oo 1 1 SMr2mn
Project Engineer
Rate 8130.00
Hrs. oUs––liaM
Cost
48.680.00
9,480.00
3,440.00
990.00
1 ,245.00
63,835.00Subtotal26,400.00
CAD/GIS Designer
Rate $110.00
Hrs. T Cost
8
2.0
2.0
50.00
1 50.00
F. Public Meetings $75.OO H TOTALCost BIUrT–qmn4m[MEmMiMmE Cost
8,060 .lo
G. Field Survey (Pacheco Koch)
H. Geotechnical AnaVsis (CM&IBgineering)
nTis (Pacheco Koch)!XFnvimalim!'tting AssistM(Pacheco Ko gII
20,000.00M1
4,400.00
11 ,800.00
K. Bid Phase Assistance Principal
3260.00
Cost
Project Manager
Rate 3235.00
Hrs. oTd-F-m
4.o is 940.oo3.o 1 s 705.oo
4.o 1 s 940.oo4.o 1 s 940.oom-FIe
Rate 3235.00mr CostTaT–
8.o 1 s 1,880.oo30.o 1 s 7,050.oo
4.o 1 s 940.ooTFTi–m
r
Rate 3200.00rrs Hdd
4.o is 800.oo3.o 1 s 600.oo4.o 1 s 800.oo
4.o 1 s 800.oomramir
Rate 3200.00
rrs=dm
8.o 1 s 1,600.oo30.o 1 s 6.000.oo
4.o 1 s 800.oo
S
Project Engineer
Rate SI 30.CX>rTrTold-
8.o 1 s 1,040.oo3.o 1 s 390.oo
8.o 1 s 1,040.oo4.o 1 s 520.ooaTIT-3
Project Engineer
Rate Sl 30.00rmTs–-–Ti33i
16.o 1 s 2,080.oo30.o 1 s 3.goo.oo
8.o is 1.040.ooTi:d-rs–m
Sr CAD/GIS Designer
Rate $110.00r
S
S
S
$
$TnT
Sr CAD/GIS Designer
Rate $110.00
Hrs] Cost
S
24.o I $ 2,640.oo$
16.o I $ 1,760.oo
24.o Ts 2,640.DO
r
Rate 875.00
Hrs. [ Cost
S
S
S
S
Smsr
Rate $75.00Fr Cost
S
24.o 1 s 1,800.oo
S
Sm1
TOTAL
Hrs.
m6
12.o is
6.o is13.o is
8.o is
m4
Attend Prebid Conference
Respond to RFls and General Bid Questions
Attend Bid OpeningReview Bids/Bid Tabulation
Contractor Selection Assistance
$
S
S
$ 260.00
S
$ 260.00
Principal
3260.00
Cost
Cost
1 ,095.00
1.980.00
1.095.00
2,240.00
1 ,460.00W
1.0
1.0Subtotal
L. Construction Phase Assistance TOTAL
Hrs.
n648.o is63.o is
29.o is
n1
Ewtme Ir mt meme
Respond to General Construction Questions
Project Construction Site Msitis (10)
Prepare As+>uilt Dra\
S
S
$
$
S
Cost
1 .095,00
6.600.00
11 ,730.00
4,000.00
23,425,00
780.00
260.00
780.00
M. Direct Expenses
Subtotal
Nlleage
Courier Delivery
10 Mps xmT;;®mrTiF
2ngubr courier deliveries @ $50.00
TOTAL
S 544.00
S 50.00
$ 594.00
$ 309,559.00
$ 309,559.00
ML
SUBTOTAL (BASIC SERVICES) )TOTAL (BASIC SERVICES)TOTAL ENGINEERING DESIGN COST :RING DESIGN COST
DocuSign Envelope ID: 36C6341 1-1 72E4934-88E9-EIBEAI FD3D6D
EXHIBIT C to Agreement between the
City of Denton, Texas (OWNER) andPacheco Koch Consulting Engineers,
LLC (CONSULTANT) for ConsultingServices
EXHIBIT 'C’ - SCHEDULE
AVONDALE PARKCHANNEL STABILIZATION PROJECT
Activity
EstimatedEstimated
CompletionDurationAfter N.T.PweeksboField Surve'
Data CollectmoEnvironmental Permi1Prelimina
c
Hvdroloaic. Hvdraulic and Erosion Anal'Feasibil Desjgn Package
Preliminary Design PlansFinal Desjgn PlansBid Phase Assistance
Construction Phase Assistance
4
4
12
4
46
10
10
NeededNeeded
4 Weeks4 Weeks12 Weeks4 Weeks8 Weeks14 Weeks
The CONSULTANT is not responsible for delays beyond its control.
END OF EXHIBIT 'C’
8/4/2022 Page 1
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Doc'JSign EnveIQpe ID: 36C63411-172E-4934-88E9-EIBEAIFD3tj%i bit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental entit'
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code. Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate 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.misdemeanor.a MU.
An offense under this section is a
Pacheco Koch Consulting Engineers, LLC
2 n Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
d Name of locaI government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.Attach additional pages to this Form CIQ as necessary.
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?n ,”n ,„,
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?n ,”n ,„,
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?n ,“n ."
D Describe each employment or business and family relationship with the local government officer named in this section.
4
5
Lg 1 have no Conflict of Interest to disclose.
'DocuSigned by:
P. Pl
g1 less with theMr
9/9/2022
Date
DocuSign Envelope ID: 36C6341 1.172E4934-88E9-EIBEAI FD3D6D
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.ud Docs/LG/htm/LG 1 76.htm. For easyreference, below are some of the sections cited on this form.
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) apurchase or leaseofgoods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code q 176.003{a)(2)(A) and (B):
(A) Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds 52,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the ven&B
(B) has given to the local government officer or a family member oftheoflicer one or more gifts that have an aggregate value ofmore
than $ 100 in the 12-month periodpreceding the date the officer becomes aware that:
(i) a contract between the local govemmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthe officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a_ 1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or
(p) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local govemmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) th,it the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City OfTicial within the third 3d degree of affinity (marriage) or consanguinitY (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public rightnf-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift or multiple gift
cumulatively valued at more than two hundred dollars (8200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recomrnend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1 ) year.
;erm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015
[kx:uSign
Certificate Of Completion
Envelope Id: 36C6341 1 172E493488E9EIBEAI FD3D6D
Subject: Please DocuSign: City Council Contract 7599-009 Avondale Streambank
Source Envelope:
Status: Completed
Document Pages: 33
Certificate Pages: 6
Signatures: 6
Initials: 1
Envelope Originator:
Cori Power
901 B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
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9/9/2022 9:48:58 AM
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cori .power@cityofdenton.com
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Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
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ngil
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
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Randall P. Pogue
randy.pogue@westwoodps.com
Vice President, Land Division
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Signer Events
Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
Capital Projects/Engineering
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'Docu:SIgned brI R'-.”--T
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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SH H t+4l49
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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-DocuS+gned bFI RBURtB4
IC5CA8C5EI 75493
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Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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(None)
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Brett.Bourgeois@cityofdenton.com
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cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Parties agreed to: Randall P. Pogue, Rebecca Diviney, Rosa Rios
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(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the ’I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you mustwithdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the requirednotices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing @cityofdenton.com and inthe body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
W indows2000? or WindowsXP?
Internet Explorer 6.0? or above
lternet Explorer 6.0?, Mozilla FireFox 1.0
7.2 (or above)etSI
Access to a valid email account
800 x 600 minimum
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaoxy connection
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the ’I agree' button below.
By checking the 'I Agree’ box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.