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23-406ORDrNANCE NO. 23-406 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MESA DESIGN ASSOCIATES, INC., FOR PROFESSIONALDESIGN SERVICES FOR THE PROPOSED NORTH LAKES PARK INCLUSIVEPLAYGROUND FOR THE PARKS AND RECREATION DEPARTMENT AS SET FORTH INTHE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7850-o05 – PROFESSIONAL SERVICESAGREEMENT FOR PROFESSIONAL DESIGN SERVICES AWARDED TO MESA DESIGN ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $122,500.00). WHEREAS, on February 1, 2022, the City Council approved a pre-qualified professional services list of state certified firms to provide landscape architectural services as needed for projects for the Parks and Recreation Department (Ordinance 22- 192), and 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 Mesa Design Associates, Inc., to provide professional design services for the City of Denton, 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. The motion seconded by J t +1 the following vote approve this ordinance was made by Br1 Bn Bec it and )by , 3 . This ordinance was passed and approved by Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : \/ J7a a Brian Beck. District 2:Jesse Davis. District 3 : Vacant. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the ada, of C\P,:\, 2023 GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, INTERIM CITY SECRETARY n\\1111111 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn, o,I ntnn rom, r=1 ISDate: 2023.04.07 10:56:39 -05'OO' JIgHL =:=i=r=r:S:Yunin@dtyofdeBY:\x?,tvcMi I DocuStgn Envelope ID: 32E966CB-8E6D4758-821C-F167DD41AIF3 DENTON Docusign City Council Transmittal Coversheet FILE 1 7850–o05 File Name I North Lakes in Purchasing Co„tact E '1'; G ;“1’ c1 usl ve City Council Target Date APRIL 18’ 2023 Piggy Back Option Contract Expiration Ordinance Park Masterplan 1 i cab1 eNot App N/A 23-406 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATEDPROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Mesa Design Associates, Inc., with its corporate office at 2001 N Lamar StSuite 100, Dallas, TX 75202 and authorized to do business in Texas, ("LANDSCAPE ARCHITECT"), for a PROJECT generally described as: North Lakes Inclusive PlaygroundMaster Plan (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and the LANDSCAPE ARCHITECT hereby agrees to perform, professional architecturalservices set forth in the CITY’s Scope of Services attached hereto as Attachment Aand the LANDSCAPE ARCHITECT’s proposal attached hereto as Attachment B.These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay for any work performed by LANDSCAPE ARCHITECT or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing.It is specifically agreed that LANDSCAPE ARCHITECT shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The LANDSCAPE ARCHITECT shall be compensated for all services providedpursuant to this AGREEMENT in an amount not to exceed $122,500 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shallbe considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment B. 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. LANDSCAPE ARCHITECT shall proceed diligently withthe PROJECT to completion as described in the PROJECT schedule as set forth inAttachment B. SECTION 3 Terms of Payment City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 1 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41AIF3 Payments to the LANDSCAPE ARCHITECT will be made as follows: A. Invoice and Payment (1) The Landscape Architect shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECTschedule as set forth in Attachment B to reasonably substantiate the invoices. (2) The LANDSCAPE ARCHITECT will issue monthly invoices for all workperformed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of anybalance 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 LANDSCAPE ARCHITECT forbillings contested in good faith within 60 days of the amount due, theLANDSCAPE ARCHITECT may, after giving 7 days' written notice to CITY,suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the LANDSCAPE ARCHITECT shall have no liability toCITY for delays or damages caused the CITY because of such suspension ofservices SECTION 4 Obligations of the LANDSCAPE ARCHITECT A. General The LANDSCAPE ARCHITECT will serve as the CITY's professional architect representative under this AGREEMENT, providing professional architectural consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The LANDSCAPE ARCHITECT shall perform its services: City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 2 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD4 1 A1 F3 (1) with the professional skill and care ordinarily provided by competent arcitectspracticing 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 andcare of a competent architect. C. Subsurface Investigations (1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to thenecessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and architectural workto be performed hereunder. The LANDSCAPE ARCHITECT shall also advisethe CITY concerning the results of same. Such surveys, tests, andinvestigations shall be furnished by the CITY, unless otherwise specified inAttachment B. (2) in soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. Theseconditions and cost/execution effects are not the responsibility of theLANDSCAPE ARCHITECT. D. Preparation of Architectural Drawings The LANDSCAPE ARCHITECT will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use suchdrawings in any manner it desires; provided, however, that the LANDSCAPE ARCHITECTshall not be liable for the use of such drawings for any project other than the PROJECT described herein. The transfer of copyright interest or ownership of Documents shall notextent to Consultant’s standard details, standard features of overall design, functionalelements of overall design or individual aspects and components the Consultant has developed and/or used previously on other projects. E. Architect's Personnel at Construction Site (1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at aconstruction site, whether as on-site representatives or otherwise, do not make the LANDSCAPE ARCHITECT or its personnel in any way responsible for thoseduties that belong to the CITY and/or the CITY's construction contractors or City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 3 of 19 DocuSign Envelope ID: 32E966CB-8E6DJ}758-821C-F167DD41 A1 F3 other entities, and do not relieve the construction contractors or any other entityof their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and proceduresnecessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safetyprecautions required by such construction work. The LANDSCAPE ARCHITECT and its personnel have no authority to exercise any control overany construction contractor or other entity or their employees in connection withtheir work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth inAttachment B, the LANDSCAPE ARCHITECT or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine,in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documentsor this AGREEMENT between CITY and LANDSCAPE ARCHITECT beconstrued as requiring LANDSCAPE ARCHITECT to make exhaustive orcontinuous on-site inspections to discover latent defects in the work orotherwise check the quality or quantity of the work on the PROJECT. If theLANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from theAGREEMENT Documents, the LANDSCAPE ARCHITECT 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 in the Scope of Services, the LANDSCAPE ARCHITECT shall be entitled to relyupon 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 LANDSCAPE ARCHITECT shall provide opinions of probable costs basedon the current available information at the time of preparation, in accordancewith Attachment B. (2) in providing opinions of cost, financial analyses, economic feasibility projections,and schedules for the PROJECT, the LANDSCAPE ARCHITECT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenancecosts; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction ofoperating personnel; and other economic and operational factors that maymaterially affect the ultimate PROJECT cost or schedule. Therefore, the City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 4 of 19 DocuSign Envelope ID: 32E966CB-8E6D-+758421C-F167DD41 A1 F3 LANDSCAPE ARCHITECT makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will notvary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, orestimates. G. Construction Progress Payments Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic constructionprogress payments to the construction contractor will be based on the LANDSCAPEARCHITECT 's knowledge, information, and belief from selective sampling andobservation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by theLANDSCAPE ARCHITECT to ascertain that the construction contractor has completed thework in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the LANDSCAPE ARCHITECT has made an examinationto ascertain how or for what purpose the construction contractor has used the moneyspaid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not othermatters 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 variouscomponents, or exact manner in which the PROJECT was finally constructed. TheLANDSCAPE ARCHITECT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to andthe right to examine and photocopy any directly pertinent books, documents, papers and records of the LANDSCAPE ARCHITECT involving transactionsrelating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITYshall have access during normal working hours to all necessary LANDSCAPEARCHITECT facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of thissection. The CITY shall give LANDSCAPE ARCHITECT reasonable advancenotice of intended audits. (2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultantagreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 5 of 19 DocuSign Envelope ID: 32E966CB-8E6DJ+758-821C-F167DD41 AIF3 under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of suchsubconsultant, involving transactions to the subcontract, and further, that theCITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in orderto conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance noticeof intended audits. (3) LANDSCAPE ARCHITECT and subconsultant agree to photocopy suchdocuments as may be requested by the CITY. The CITY agrees to reimburseLANDSCAPE ARCHITECT for the cost of copies at the rate published in theTexas Administrative Code in effect as of the time copying is performed. J. INSURANCE (1) LANDSCAPE ARCHITECT’S INSURANCE a.Commercial General Liability – the LANDSCAPE ARCHITECT shallmaintain commercial general liability (CGL) and, if necessary,commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i.The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insuredendorsement 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. The CommercialGeneral Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, oradvertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. 11.LANDSCAPE ARCHITECT waives all rights against the CITY andits agents, officers, directors and employees for recovery ofdamages to the extent these damages are covered by the commercial general liability or commercial umbrella liabilityinsurance maintained in accordance with this AGREEMENT. b. Business Auto – the LANDSCAPE ARCHITECT shall maintain business auto liability and, if necessary, commercial umbrella liability insurance City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 6 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, andnon-owned autos, when said vehicle is used in the course of the PROJECT. If the architect owns no vehicles, coverage for hired or non-owned is acceptable. 1.LANDSCAPE ARCHITECT waives all rights against the CITY andits agents, officers, directors and employees for recovery of damages to the extent these damages are covered by thebusiness auto liability or commercial umbrella liability insuranceobtained by LANDSCAPE ARCHITECT pursuant to thisAGREEMENT or under any applicable auto physical damagecoverage. C.Workers’ Compensation – LANDSCAPE ARCHITECT shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not lessthan $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. 1.LANDSCAPE ARCHITECT waives all rights against the CITY andits agents, officers, directors and employees for recovery ofdamages to the extent these damages are covered by workerscompensation and employer’s liability or commercial umbrellainsurance obtained by LANDSCAPE ARCHITECT pursuant tothis AGREEMENT. d.Professional Liability – LANDSCAPE ARCHITECT shall maintainprofessional liability, a claims-made policy, with a minimum of$1,000,000.00 per claim and aggregate. The policy shall contain aretroactive date prior to the date of the AGREEMENT or the first date ofservices to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of theAGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year followingcompletion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the LANDSCAPE ARCHITECThas obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 7 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees,officers, officials, agents, and volunteers as respects the 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 or material change incoverage 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 sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State ofTexas and have a minimum rating of A:V or greater, in the current A.M.Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 thatwould 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. 1.The CITY shall be entitled, upon its request and without incurring expense, to review the LANDSCAPE ARCHITECT 's insurance policiesincluding endorsements thereto and, at the CITY's discretion; theLANDSCAPE ARCHITECT 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 shall state both the retroactive date and that the coverage is claims-made. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 8 of 19 DocuSign Envelope ID: 32E966CB-8E6D475842 IC-F167DD41 A1 F3 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 LANDSCAPE ARCHITECT shall be required by the LANDSCAPE ARCHITECT to maintain the same or reasonably equivalent insurance coverage as required for theLANDSCAPE ARCHITECT. When sub consultants/subcontractors maintain insurance coverage, LANDSCAPE ARCHITECT shall provideCITY with documentation thereof on a certificate of insurance. K. Independent Consultant The LANDSCAPE ARCHITECT agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine ofrespondeat superior shall not apply. L. Disclosure The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made full disclosurein writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECTand business relationships with abutting property cities. The LANDSCAPE ARCHITECT further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment underthe AGREEMENT. M. Asbestos or Hazardous Substances (1) if asbestos or hazardous substances in any form are encountered or suspected, the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT to assist in obtaining the services of aqualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 9 of 19 DocuSign Envelope ID: 32E966CB-8E6D-4758421C-F167DD41 A1 F3 If permitting authorities require design changes so as to comply with published designcriteria and/or current architectural practice standards which the LANDSCAPEARCHITECT should have been aware of at the time this AGREEMENT was executed, the LANDSCAPE ARCHITECT shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in thepermitting authorities' published design criteria and/or practice standards criteria which arepublished after the date of this AGREEMENT which the LANDSCAPE ARCHITECT could not have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITYof such changes and an adjustment in compensation will be made through an amendmentto this AGREEMENT. O. Schedule LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with the scheduledeveloped per Attachment B to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: LANDSCAPE ARCHITECT andLANDSCAPE ARCHITECT’s agents shall engage in any discriminatoryemployment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, berefused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: LANDSCAPEARCHITECT and LANDSCAPE ARCHITECT’s agents shall not engage in any discriminatory employment practice against individuals with disabilities asdefined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT as requiredfor the LANDSCAPE ARCHITECT 's performance of its services. The CITY will perform,at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery, City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 10 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41AIF3 pipelines, and other components of the CITY's facilities as may be required in connectionwith the LANDSCAPE ARCHITECT 's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, andpay for all advertisements for bids; permits and licenses required by local, state, or federalauthorities; and land, easements, rights-of-way, and access necessary for theLANDSCAPE ARCHITECT 's services or PROJECT construction. D. Timely Review The CITY will examine the LANDSCAPE ARCHITECT 's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney,insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared inaccordance with Attachment B. E. Prompt Notice The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITYobserves or becomes aware of any development that affects the scope or timing of the LANDSCAPE ARCHITECT 's services or of any defect in the work of the LANDSCAPEARCHITECT or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the workat CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that LANDSCAPE ARCHITECT hadno prior role in the generation, treatment, storage, or disposition of suchmaterials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases LANDSCAPEARCHITECT from any damage or liability related to the presence of suchmaterials. (2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofLANDSCAPE ARCHITECT’s negligence or if LANDSCAPE ARCHITECT bringssuch 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.City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 11 of 19 DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisionsproviding for contractor indemnification of the CITY and the LANDSCAPE LANDSCAPEfor contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts withconstruction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materialssuppliers on the PROJECT, or their sureties, shall maintain nodirect action against the LANDSCAPE ARCHITECT, its officers, employees, and subcontractors, for any claim arising out of, inconnection with, or resulting from the architectural servicesperformed. Only the CITY will be the beneficiary of anyundertaking by the LANDSCAPE ARCHITECT." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide LANDSCAPEARCHITECT a copy of the policy or documentation of such on a certificate ofInsurance . J. Litigation Assistance The Scope of Services does not include costs of the LANDSCAPE ARCHITECT for required or requested assistance to support, prepare, document, bring, defend, or assist inlitigation undertaken or defended by the CITY. In the event CITY requests such services of the LANDSCAPE ARCHITECT, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 12 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the LANDSCAPE ARCHITECT 's cost of or timerequired for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed LANDSCAPE ARCHITECT shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of theLANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are instruments ofservice for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any suchinstruments of service without the written permission of the LANDSCAPE ARCHITECT will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specificationsand documents. The transfer of copyright interest or ownership of Documents shall notextend to Consultants standard details, standard features of overall design, functional elements of overall design or individual aspects and components the Consultant has developed and/or used previously on other projects. C. Force Majeure The LANDSCAPE ARCHITECT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control ofthe LANDSCAPE ARCHITECT that prevent LANDSCAPE ARCHITECT’s performance ofits obligations hereunder. D. Termination (1 ) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice toLANDSCAPE ARCHITECT. b. by either the CITY or the LANDSCAPE ARCHITECT for cause if either City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 13 of 19 DocuSign Envelope ID: 32E966CB-8E6D-+758-821C-F167DD41 AIF3 party fails substantially to perform through no fault of the other and thenonperforming 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, theLANDSCAPE ARCHITECT will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specificationsor other forms of LANDSCAPE ARCHITECT '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 LANDSCAPE ARCHITECT 'S personnelto document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the LANDSCAPE ARCHITECT will submit to the CITY an itemized statement of all termination expenses. TheCITY'S approval will be obtained in writing prior to proceeding with terminationservices E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the LANDSCAPE ARCHITECT for the convenience of the CITY. In the event of such suspension, delay, or interruption,an equitable adjustment in the PROJECT's schedule, commitment and cost of theLANDSCAPE ARCHITECT s personnel and subcontractors, and LANDSCAPEARCHITECT 's compensation will be made. F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.THE LANDSCAPE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITYAGAINST LIABILITY FOR ANY DAMAGE COMMITrED BY THE LANDSCAPEARCHITECT OR LANDSCAPE ARCHITECT’S AGENT, CONSULTANT UNDERCONTRACT, OR ANOTHER ENTITY OVER WHICH THE LANDSCAPE ARCHITECTEXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY ORRESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT.INTELLECTUAL PROPERTY INFRINGEMENT. OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE LANDSCAPEARCHITECT’S LIABILITY. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 14 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 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, its interpretation and performance, and any other claims related to it. The venue for anylitigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply LANDSCAPE ARCHITECT shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affectthis AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding orignorance thereof shall be considered. LANDSCAPE ARCHITECT AGREES TODEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITYARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, ORREGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act LANDSCAPE ARCHITECT shall verify the identity and employment eligibility of itsemployees who perform work under this AGREEMENT, including completing theEmployment Eligibility Verification Form (1-9). Upon request by CITY, LANDSCAPEARCHITECT shall provide CITY with copies of all 1-9 forms and supporting eligibilitydocumentation for each employee who performs work under this AGREEMENT.LANDSCAPE ARCHITECT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed byany LANDSCAPE ARCHITECT employee who is not legally eligible to perform suchservices. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TOVIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT, LANDSCAPE City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 15 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 ARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right toimmediately terminate this AGREEMENT for violations of this provision by LANDSCAPEARCHITECT. L. Prohibition On Contracts With Companies Boycotting Israel LANDSCAPE Architect acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with acompany for goods or services unless the contract contains a written verification fromthe company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during theterm of the contract. The terms “boycott Israel” and “company” shall have the meaningsascribed to those terms in Section 808.001 of the Texas Government Code. BysIgnIng this agreement, Landscape ArchItect certifies that Landscape Architect’ssignature provides written verification to the City that Landscape Architect: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will beconsidered 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, Landscape Architect certifies that LandscapeArchitect’s signature provides written verification to the City that Landscape Architect, pursuant to Chapters 2252 and 2270, is not ineligible to enter into thisagreement and will not become ineligible to receive payments under thisagreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered amaterial breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Landscape Architect 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 theTexas Government Code. By signing this agreement, Landscape Architectcertifies that Landscape Architect’s signature provides written verification to theCity that Landscape Architect: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of the agreement. Failure to City of Denton, TexasPr8fessional Services Agreement Revised Date: 3/22/22 Page 16 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 meet or maintain the requirements under this provision will be considered a materialbreach O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations Landscape Architect 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 have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms“discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By sIgnIng this agreement, LandscapeArchitect certifies that Landscape Architect’s signature provides writtenverification to the City that Landscape Architect: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearmtrade association; and (2) will not discriminate during the term of the contract agaInst a firearm entity or firearm trade association. Failure to meet or maintain therequirements under this provision will be considered 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 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 theCommission. Contractor will be required to furnish a Certificate of Interest Parties before the contractis awarded, in accordance with Government Code 2252.908. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 17 of 19 DocuSign Envelope ID: 32E966CB-8E6Dd+758-821C-F167DD41 A1 F3 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. 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: Attachment A –City Scope of ServicesAttachment B - Scope of Services, Project Schedule, and Compensation 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 in any 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. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 18 of 19 DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 DUV/189389yted by each party’s designated representative to be effective on BY:CITY OF DENTON, TEXAS BY:LANDSCAPE ARCHITECT ,Mq§gsj999;Ign Associates Incfra tD alIIn Sara Hensley, City Manager Fr’Watters Principal Date: 02/02/2023 THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational 2023-976475 9bl©dll9D8;and business terms. PaCkAtlMRgM TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER Director of Parks and Recreation Title Parks and Recreation Department Date Signed: 02/02/2023 APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY Al-rORNEY ArrEST: GJTY SECRETARYJ. S_r City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 19 of 19 DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 Attachment A North Lakes Park Master Plan Scope of Work A.PROJECr DESCRIPTION: This project aims to develop a master plan for a portion of North Lakes Park to feature a unique all-inclusive playground for the Lilly Cantu Playground and surrounding infrastructure that will create a regional draw. The Lilly Cantu Playground will replace a playground due for replacement. The new design should complement North Lakes Park, attractions within the park, and the City of Denton. The new playground design will be 'barrier free' and feature areas of play offering universal design features for all abilities physical and mental, rehabilitation equipment, nature-based, and garden/landscape experiences for children and adults of all abilities. Playgrounds can provide many opportunities for children to develop further physical, cognitive, sensory, and social skills. An inclusive playground design should provide a balance of play experiences to build all these skills. While the city prefers to construct the new playground over one season as a single-phased project, funding may dictate if additional phases are needed. Therefore, the design should reflect a capacity for seamless phasing over consecutive construction seasons. The concept of universal design implies products and environments accessible to all people, regardless of age, sex, and/or abilities. The design of an inclusive playground needs to be based on the following seven principles of universal design: 1.Equitable use – the design is equally beneficial and accessible for children with disabilities. The design excludes segregation and stigmatization of the users and enables equally available conditions for privacy, safety, and security. Flexibility in use – the design caters to a wide range of individual preferences and abilities. Simple and intuitive use – facilitates easy understanding and orientation; all users should be able to effortlessly orient themselves in the given environment while the layout is functional. Perceptible information – use of universally understandable signs/symbols, the design communicates necessary information effectively to the user, regardless of ambient conditions or the user's sensory abilities. Tolerance for error – the design decreases the danger and harmful consequences of chance or unintentional action. Low physical effort - effective and comfortable use with minimal fatigue. Size and space for approach and use – access, reach, manipulation, and use secured, regardless of the size of the body, posture, or mobility of the user. 11. 111. IV, V. VI. VII. B. DESIGN SCOPE: Refer to Exhibit A through C for site photos. The scope of the project will need to include the following features but not limited to: DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 Attachment A 1.Assess current layout and provide recommendations that may include redesign of existing footprint of playground and recommendation of other amenities to be featuredon site 11. 111. IV. V. New design to be max $3,000,000.00 budget. Include theme and work with staff and family to identify best way to represent the playground that it is named after. Shade is a high priority and should be designed accordingly along with the shade provided by the existing trees. Safety surfacing must include pour-in-place surfacing and/or artificial turf. Options can be 100% of one or a creative combination to enhance playground visual aesthetics and user functionality. Warranty to be 15 years. VI. VII The playground sign must be available to be used as a potential donor wall. This sign should be minimal and complement the playground’s overall design. Based on standards related to "universal" all-inclusive design, the following elements should be considered for the desired play experience the City of Denton will want to achieve for the playground. Sensory stimulation.0 - Make a wide range of materials and textures available for touch–rough and smooth, hard and soft, warm and cool. Natural elements such as sand and water provide ever-changing multi-sensory• experIences. Interactive play panels captivate kids' responses for visually sensitive children; consider simple color schemes in more muted color tones and/or earth tones. Include elements that offer strong visual contrast for children with low vision, especially to highlight sudden elevation changes. Many children like to discover sound and enjoy their musical creations, so consider incorporating music panels, instruments and/or sound related interactive features. • • • 0 Swinqinq, spinning, and sliding. • Most kids enjoy sliding, spinning/rotating, and swinging. Besides being fun, these activities sharpen internal senses: • vestibular (awareness of how our body moves through space and against gravity) proprioception (awareness of body position and how much force is needed for an activity). Incorporate all accessible swings and large-scale slides built into the land (if the opportunity exists) • • o Social/imaqinative. DocuSign Envelope ID= 32E966CB-8E6D-4758421C-F167DD41 AIF3 Attachment A •As children challenge themselves physically, they also learn how to manage joy and frustration, friendship, and conflict, while developing their imagination and dramatic play skills. Whether engaged in parallel play, quiet play, or active social play, an inclusive playground provides plenty of social and imaginative play opportunities for children. Include a variety of gathering spots, some that can accommodate several children and cozy, quiet spaces for just a few. • 'elopmentallv appropriate coqnitive and physical play. A playground can reinforce learning and enhance problem-solving skills with games, mazes, maps of the world, tracing panels, and more. Meet as many needs and skill levels as possible, consider including graduated levels of challenge, complex alternative routes, elements that encourage cross- lateral movement, and a variety of developmentally appropriate risks. • o Flexibility/options. - While many children readily flock to large play structures, some feel more comfortable in smaller, cozier spaces. • Add ground-level activities to allow small groups to explore different play experiences at their own pace. • Include overhead events at different heights or create combinations of stepping forms and balance beams. • Offer a variety of equitable yet diverse options to accommodate the needs of the broadest range of users. 0 Safety, comfort, and access. Creating a welcoming, safe and accessible environment is just as important as the play equipment. A well-thought-out environment makes the space more comfortable and user-friendly for children and families of all ages and abilities. • • Afence can help define and contain the activity area, providing comfort to children and their parents. Fencing can be purely functional or incorporate a piayground's theme. • Include signage that identifies accessible facilities, meeting spots, play areas by age group, and amenities such as water and restrooms. • Plenty of shade is recommended over the play structure–incorporate natural shade whenever available. • Variation of benches with backs, no backs, and armrests. Tables and game tables may be strategically located around the play area (preferably in shaded areas) for supervision, resting, and promoting multigenerational socialization • Accessible pathways that transition between activity areas should be short and direct and meet ADA design. Try to improve upon width and slope requirements whenever possible. • Wheelchair-accessible ramps and transfer modules to higher play events/overlooks offer more equitable access and encourage interactive play among kids and adults of all abilities. • A truly inclusive playground should incorporate a unitary surface such as poured-in-place surfacing, synthetic turf, or rubber mats/tiles on the accessible DocuSign Envelope ID: 32E966CB-8E6D4758421 C-F167DD41 A1 F3 Attachment A routes. C. DELIVERABLES I. Provide a complete design for the proposed master plan from concept sketches through 100% complete construction documents, including project bid docs and specifications (project manual). 11. 111. Create (2 - 3) concept renderings. Provide a construction estimate for the entire project and individual phases, should construction phasing become necessary along with cost escalation for 5 years into the future for planning purposes. IV. V. VI. Provide a construction schedule for the entire project, and individual phases should construction phasing become necessary. Conduct/participate in a process through which a playground or other equipment provider is specified. Develop a long-term maintenance plan and annual maintenance estimates. VII.Facilitate meetings with Denton Parks and Recreation staff and project partners as needed during the design development process. VIII.Facilitate up to (6) public meetings, workshops, etc., during the design development process. Each meeting cost should be listed as an alternate. IX. X. XI. XII Coordinate sub-consultants, if necessary. Deliver final plans & supporting materials to include Texas Department of Licensing & Regulation (TDLR) Registered Accessibility Specialist (RAS) design review. Coordination with City of Denton Development Services department. Construction Administration services listed as an alternate Bid openingEvaluate bids & recommend contractor Attend/Host preconstruction meetingIssue NTP & NOA a b C d e. Site inspections at various times as the project progresses f. Approve, issue and/or respond to:i. ASl’s ii. RFI’s iii. Change Orders iv. Pay Applicationsv. Submittals vi. CPSI 3’d Party Inspection Certificate – Upon Substantial Completion vii. 3'd Party HIC Test on Various Locations of the Playground Surfacing DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 Attachment A Aerial Views J,i North Lakes Park - Lilly Cantu Pla Aerial #1 ;Bt.,\North Lakes Park – Lillv Can iu PI four@ DocuSign Envelope ID: 32E966CB-8E6D'+758-821C-F167DD41 A1 F3 Attachment A Pavilion Site Photos T,;tFT% ,q.4g}IT; :: '."'-? \;$ : J :;F}V4( DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 Attachment A Playground Photos (1/2) DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 Attachment A Playground Photos (2/2) at h Ir + n = El-+3; DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 ATTACHMENT B LANDSCAPE ARCHITECTURE I PLANNING I URBAN DESIGN MESA Proposal and Contract for Professional Services December 20, 2022 ./‘Mr. Chris Escoto. CPRP Park Planner City of Denton 601 East Hickory StreetDenton, TX 76205 .// Project: North Lakes Park - Lilly Cantu Playground Master Plan Mr. Escoto, This proposal describes the landscape architectural services to be provided by MESA, the costs of these servicesand general conditions under which these services would be executed. The proposed scope addresses the master planning, design, and construction of Lilly Cantu Playground in Denton. TX as described in the RFP and our subsequent telephone conversations and meeting. We understand the projectis to be designed and if necessary, constructed as a multi-phase project to achieve the entirety of the Master Plan.The project work scope will be prioritized as needed to the sequential needs of the Client and other members ofthe design team..,/The following project approach and scope is submitted with the understanding that the City of Denton aims toreimagine the portion of North Lakes Park currently in use as a playground. The program list below is derived from the 'North Lakes Park Master Plan Scope of Work’ included with the RFP solicitation. Based on our understanding ofthe Scope of Work and clarification meeting with City of Denton staff, our proposal addresses the followinggeneral program: A.All-inclusive playground, including the following non-play elements: 1. Entry signage with potential donor element 2. Perimeter fencing3. Wayfinding signage Incorporation of natural elements such as water. sand, and/or landscape Auxiliary shade structure (s) Renovation of existing 'Gullwing’ pavilions (Pavilions 2 & 3)Site furnishings such as tables, benches, drinking fountains, and game tablesNo new restroom building, parking or roadway reconstruction, or extensive renovation to the main pavilionis included in this scope of work. BC D E F. As this project program and focus is highly specialized, there may be need for the services of the following sub-consultants to address the design program and requirements of an all-inclusive playground design. We anticipatethese consultants would be contracted directly to MESA as needed for their services. Please note fees for thesesub-consultants are estimated and wiIE be finalized upon determination of project complexity and scope at theconclusion of PART THREE A. Architect B. Civil EngineerC. Structural EngineerD. MEP, lighting. technology (Wi-FI), and audio 2001 North Lamar Street, Suite 100 Dallas, Texas 75202 Office 214 871 0568 Fax 214871 1507 www.mesadesigngroup.com DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 2 of 8 MESA E. Irrigation DesignerF. Occupational Therapist with a focus on sensory processing skills SCOPE OF SERVICES The following preliminary approach addresses the scope and sequencing of our park planning and designprocess. We see this as a flexible process that can be modified to respond to the City of Denton's priorities. Weinvite dialogue with the city staff to evaluate these tasks and to arrive at a final tailored approach that delivers thebest process and vision for North Lakes Park. PART ONE: ASSESSMENTS AND GOALS TASK 1.1: DATA COLLECTION MESA will work with base data provided by the Cib/ of Denton to compile maps and base documentation toperform the site assessment and inventory. These activities are intended to provide a base of information aboutthe park so that the planning and design activities described below can be undertaken. MESA has the right to relyon this information and any information provided by others, if further information is required to be collected by the MESA team, fees for Additional Services may be required. These data collection activities are as follows: A.Base Maps: MESA will gather from the City of Denton the database needed to undertake assessmentsdescribed below and will format this information for use in presentations and the final report. At aminimum, this base information will include:1. Aerial photograph of Project site (digital image) 2. Project area limits and boundaries3. City initiatives/special projects (concurrent to plan)4. USGS and other public domain maps (topography, survey, easements, etc.) 5. Floodplain/floodway delineations and future projections6. Parks Master Plan 7. City of Denton Ordinances B. Built Fabric Assessment: The design team will evaluate the condition of existing on-site facilities, including infrastructure (roads, sidewalks, utilities, etc.), and other amenities available for adaptive re-useopportunities. , making a cursory evaluation of all built elements in terms of their physical condition, currentuse, and longevity. We will rank them as appropriate for any proposed reuse, upgrade, or removal. 1. 2. 3. 4. 5. 6. Physical (structures, vegetation, slope. etc.)Utilities and services Hydrology and drainageTraffic/circulation Programming (as provided by City)Trees Deliverable: Base documentation and data for planning and assessment activities. All materials prepared will beformatted for inclusion in the final project summary report.Meetings: None assumed for this task. TASK 1.2: KICK-OFF MEETINGS MESA will meet with City staff to review existing base data, goals previously developed and new initiativesidentified by the City for the project. At this meeting MESA will discuss City staff perceptions of the needs, concernsand potential for improved services, facilities, and programs for the playground master plan. Parks staff willarrange for appropriate representatives from the City Departments (such as: Engineering Department, PlanningDepartment, Facilities Management Department, etc.) to identify the programs and needed improvements to theplayground area. A key component of this meeting will be the confirmation of schedules (including key milestones,and critical path elements, etc.) and deliverables, and confirmation of the core Client team, primary points of contact, stakeholder groups, and their roles within the planning process. MESA will also meet with the Cantu Family to discuss the playground vision and gather that input to understandtheir desires for the park and playground. City staff will attend this meeting as well. S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\7850 Professional Landscape Architect Services\Contract\7850-005 North Lakes Park Masterplan\Contract\7850405 Revised Propsoal 1 .25.docx DocuSign Envelope ID= 32E966CB-8E6DJ1758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 3 of 8 MESA Deliverable: Confirmation of City staff concerns for the playground area and potential affects to the surroundingNorth Lake Park area. All materials prepared will be formatted for inclusion in the final project summary report.Meetings: One (1 ) City stakeholder meeting to be held at the Service Center, and one (1 ) meeting with the Cantu family PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT The Lilly Cantu Playground is an important amenity to the City of Denton and the engagement goals for thisproject will be focused on bringing community awareness to the components of the playground masterplan. Asthe City has an internal Public Engagement Department, The City will take the lead to gather, organize andtabulate public input data for the project via outreach efforts they deem appropriate with support from MESA as requested. The supporting effort will consist of formatting graphics for distribution to the City for their use in the public engagement effort. MESA's services for Part Two are optional to the City and not included in the basic scope. TASK 2.1: COMMUNITY SPECIAL EVENTS (Pop-ups) If requested by the City, the MESA team will provide presentation materials for community meetings administeredby the City's Public Engagement Department to share the key findings from the existing conditions, collectadditional input on community needs and priorities, and discuss preliminary concepts. The pop-up events will beadministered by City staff will occur at a location/event determined by the City Public Engagement DepartmentFeedback from the meetings will be documented as part of the final playground master plan. This task is optionaland not included in the basic scope of services. Deliverable: Handouts, display boards, and public meeting summary documentation.Meetings: MESA will attend up to one (1 ) meeting at the City's request. TASK 2.2: QUESTIONNAIRE/SURVEY FOR LILLY CANTU PLAYGROUND The MESA team will submit survey questions to the City Public Engagement Department for their distribution tocollect input on values, needs, priorities, and issues for the Lilly Cantu Playground Master Plan through a communityquestionnaire/survey. The responses/data will be collected by the City and distributed to MESA for analysis. Topicswill range from recreational preferences and use, design layout, accessibility. green space, potentialmonuments/art and more. Copies of the survey will be distributed by the City Public Engagement Department asthey deem appropriate utilizing the City Public Engagement Department's established communications andengagement methods, including webpages, social media (e.g., Facebook, Twitter, etc.), email distribution lists,and other methods. Deliverable: Written survey to be submitted to the City for distribution and data collection. TASK 2.3: FINAL STAFF/DENTON COUNCIL PRESENTATIONAt the conclusion of the project, the MESA team will prepare a final presentation for City Staff to brief Park Boardand gather any final input on the Master Plan. As requested, MESA will attend the final presentation to the DentonCity Council to be presented by City of Denton Staff. MESA’s role at this meeting is understood as advisory fortechnical questions. These presentations will provide an overview of the design recommendations/implementationstrategies, community engagement, preliminary cost information, and next steps related to the master plan. Thesepresentations will culminate the final stage of the master plan before approval. Deliverable: PowerPoint Presentation or other suitable digital format TASK 2.4: STAFF GUIDANCE COORDINATION MEETINGS FOR PART TWO: Anticipated coordination meetings, conference calls, and presentations for PART TWO are listed below.Coordination meetings are understood to be virtual. lasting approximately one hour in duration. Additionalmeetings or presentations will be considered as Additional Services and billed according to consulting team members hourly rates S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\7850 Professional Landscape ArchitectServices\Contract\7850-005 North Lakes Park Masterplan\Contract\7850-005 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6Ddj758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 4 of 8 MESA Meetings: Up to two (2) meetings in base scope with one(1 ) as optional scope as detailed below:Task 2.1: One (1) strategy/coordination meeting with Denton Project team. (optional, n.i.c.)Task 2.2: One (1) strategy/coordination meeting with Denton Project team. Task 2.3: One (1 ) final staff/Denton Council presentations PART THREE: MASTER PLAN TASK 3.1: CONCEPTUAL MASTER PLAN The design team will develop a descriptive level vision for the Lilly Cantu Playground that is directly derived fromthe goals identified in the staff visioning and public workshops conducted by the City. This graphic is a preliminaryconcept that depicts the program for the playground and comprises a checklist of effects (from the initial input)that the master plan must accomplish. It is the “structure" that the plan will be built around and serves as anopportunity for confirmation before development of the final vision. MESA and the design team will host apresentation to City staff and share the following aspects of the concept: A, BC D. E F. Sensory Stimulation Swinging, spinning, and slidingSocial and imaginativeDevelopmentally appropriate cognitive and physical playFlexibility optionsSafety, comfort, and access A preliminary opinion of probable cost (OPC) will be prepared for consideration. MESA will meet with the city toshare the concept master plan, and adjustments will be made prior to the Park board and Council presentationsdescribed in Task 2.4. Deliverable: The design team will prepare the concept master plan and supporting documents for internal citypresentations and for use in subsequent public meetings. TASK 3.2: FINAL MASTER PLAN/SCHEMATIC PLAN MESA will refine the Concept Master Plan into a vision for future playground development. This will be a descriptivelevel graphic plan, including sections and perspectives necessary to convey the design, which will graphicallydepict all playground amenities at a real scale – depicting forms, material concepts, play and exercise areaenhancements, and detailed connections. The plan will illustrate all programs and areas of playground. While the Final Master Plan illustrates the above-mentioned elements (and others) on the site, the design team willalso prepare elevation studies, sections, perspective sketches and more detailed plans and alignments to illustratethe aesthetic character of the constructed vision. These schematic architectural studies of the pavilions, amenities,and other thematic elements begin to give a sense of vitality and life to the plan. Deliverable: The design team will prepare a master plan graphic for the playground area and brief report thatdepicts the information outlined above - specific area enlargements, sections, elevations, and sketches may beprepared as necessary. The updated cost projection will break out the discussed phases of park development andidentify the scope of the first phase of construction. TASK 3.3: STAFF GUIDANCE AND COORDINATION MEETINGS FOR PART III: Anticipated coordination meetings, conference calls. and presentations for Part III are listed below. Additional meetings or presentations will be considered as Additional Services and billed according to consulting teammembers hourly rates: Meetings: Up to three (3) meetings as detailed below: Task 3.1: Up to Two (2) review meetings attended by City Staff, MESA, and engineering subconsultantsTask 3.2: Up to One (1) review meeting attended by City Staff and MESA PART FOUR: DETAILED DESIGN AND CONSTRUCTION TASK 4.1: DESIGN DEVELOPMENT S:\Materials Management\PRCH\BIDs. RFPs & Contracts\7000-7999\7850 Professional Landscape ArchitectServices\Contract\7850-005 North Lakes Park Masterplan\Contract\7850405 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 5 of 8 MESA Based upon the approved plan and budget previously determined, MESA and the design team will finalize the construction program with input from city staff. This input will include final budgetary considerations, maintenance,and operational concerns. This level of development will deal with more detailed and refined aspects of the design such as materials selection, and consultation with contractors about construction methods. These designdocuments and an accompanying refinement of the cost analysis will be presented to city staff for review, cornrnent. and endorsement prior to initiating construction and bidding documents. Deliverable: Design Development documents. Updated opinion of probable cost. TASK 4.2: CONSTRUCTION DOCUMENTS The design team will develop the approved development drawings with final detail as required to address thetype of construction issues necessary to execute the bid and construction documents. Comments will be incorporated from direction given by the city staff to create a final package and project manual. City standardconstruction details and specifications will be incorporated as much as possible. Document sets will be distributedfor comments at intervals appropriate for city review and comment.A. Demolition plans B. Civil Plans for utility service and drainageC. Grading plans D. Hardscape Layout Plans & DetailsE. Landscape Plans and Details F. Irrigation Plans and DetailsG. MEP Plans and Schedules Deliverable: Construction documents at appropriate intervals (for this project anticipated at 50%, 95%, and bid set)as to be agreed to by City staff. Updated opinion of probable cost. TASK 4.3: BIDDING ASSISTANCE MESA will assist the City in their implementation of the bidding process as follows: A. Prepare suggested bidders list and bid formsB. Prepare and distribute any required addendum At the conclusion of preliminary bidding, we will meet with the City and the successful bidder to evaluate construction methods and cost implications of the design. This will allow all pricing decisions and “valueengineering" decisions to be mutually understood and agreed to by the City, Contractor, and MESA. Deliverable: Coordination and clarification for contractor bidding TASK 4.4: STAFF GUIDANCE AND COORDINATION MEETINGS FOR PART FOUR:Anticipated coordination meetings, conference calls, and presentations for PART FOUR are listed below. Additional meetings or presentations will be considered as Additional Services and billed according to consulting teammembers hourly rates: Meetings: Up to five (5) meetings in base scope with one (1 ) as optional scope as detailed below: Task 4.1: Up to two (2) review meetings attended by City Staff and MESATask 4.2: Up to three (3) review meetings attended by City Staff, MESA, and engineering subconsultantsTask 4.3: One (1 ) review meeting with City staff (optionaE, n.i.c.) PART FIVE: OPTIONAL SERVICES (NOT INCLUDED) TASK 5.1: CONTRACT ADMINISTRATION I CONSTRUCTION OBSERVATIONMESA will conduct contract administration and construction observation services as related to the implementationof the construction documents described in this proposal. Construction observation services will be as follows:A. MESA will make site visits as necessary to the construction sites as they progress to determine conformanceof the work to the design as portrayed in the construction documents. Site visits will be documented in field memos provided to the city staff. These memos will generally describe MESA’s response to issues identifiedby the staff and other issues that the team feels merit consideration. This scope assumes various S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\785C) Professional Landscape Architect Services\Contract\785CF005 North Lakes Park Masterplan\Contract\7850-005 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6D4758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 6 of 8 MESA meetings/site visits during the construction sequence. B. MESA will clarify questions regarding the construction as the staff and contractors present them, provideconsultation, and advise the staff. MESA will prepare supplementary sketches where such sketches areneeded to resolve conflicts between field conditions and the requirements of the drawings. C. Review of contractor submittals and shop drawings as submitted by the contractor, for conformance withthe project design. An evaluation of the submittal will be provided. D. Coordinate final site walk-through with the contractor and city staff (at the conclusion of construction)and provide a punch list of incomplete and non-conforming items to the Contractor to complete theproject E Approve, issue and/or respond to:1. ASl’s 2. RFI’s 3. Change Orders4. Pay Applications5. Submittals 6. CPSI 3rd Party Inspection Certificate – Upon Substantial Completion7. 3rd Party HIC Test on Various Locations of the Playground Surfacing Deliverable: Field reports documenting each site visit and resolution of issues as they arise in the field. TASK 5.2: COMPUTER MODELING AND ANIMATED GRAPHICS At the conclusion of Schematic Design, in addition to the renderings requested in the RFP, MESA will preparecomputer models of the major site and design elements (based on approved Schematic Design CAD drawings) toassist in evaluating the design and marketing the project. These models may be used to develop high quality “snapshots" of key views and further animated into walk through/fly through videos.1. Presentation Boards 2. Digitally rendered illustrative conceptual master plan3. Digitally rendered 3D aerial perspectives4. Computer generated three dimensional still images and/or videos of the project 5. PowerPoint Presentation (or other suitable format) Deliverable: Presentation materials and format as requested by the Client. Any meetings during this task will be billed hourly, per the attached hourly rates. COST OF SERVICES The below scope of services will be billed on a lump sum basis (in accordance with the fee schedule specifiedbelow) with the total cost of services not to exceed the amount specified for each without a written addendum tothis contract. The below tasks shall be billed as follows: BASE FEES OPTIONAL FEESN.I.CA Task 1 .1 : DATA COLLECTION Task 1 .2: KICK-OFF MEETINGS $2,000.00 $2,000.00 S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\7850 Professional Landscape ArchitectServices\Contract\7850-005 North Lakes Park Masterplan\Contract\7850{)05 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 AIF3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 7 of 8 MESA SUBTOTAL PART ONE: PART TWO: NEEDS ASSESSMENT AND PUBLIC ENGAGEMENT $4,000.00 TASK 2.1 : COMMUNITY MEETINGS AND SPECIAL EVENTS (Pop-ups) TASK 2.2: QUESTIONNAIRE/SURVEY FOR NORTH LAKES PARK TASK 2.3: FINAL STAFF/DENTON COUNCIL PRESENTATION $3,000.00 $ 1 ,500.00 $2,000.00 $1 ,500.00 ;5,000.00 TASK 2.4: STAFF GUIDANCE & COORDINATION FOR PART TWO SUBTOTAL PART TWO: PART THREE: MASTER PLAN TASK 3.1 : CONCEPT MASTER PLAN $750.00 3 $7,500.00 $ 1 2,500.00 $2,250.00 2 TASK 3.2: FINAL MASTER PLAN/SCHEMATIC PLAN TASK 3.3: STAFF GUIDANCE & COORDINATION FOR PART THREE: SUBTOTAL PART THREE: SUBTOTAL PARTS ONE, TWO, AND THREE:$31 ,250.00 PART FOUR: DETAILED DESIGN AND CONSTRUCTION Fees for Part Four are speculative and based on the assumed finalscope and complexity of the project which is yet to be determined. MESA reserves the right to confirm these fees with the City at theconclusion of task 3.2 TASK 4.1 : DESIGN DEVELOPMENT $ 1 5,000.00 $47.500.00TASK 4.2: CONSTRUCTION DOCUMENTS TASK 4.3: BIDDING ASSISTANCE $5,000.00 $750.00 W7 TASK 4.4: STAFF GUIDANCE & COORDINATION FOR PART FOUR:$3,750.00 ;66,250.00 $97,500.00 SUBTOTAL PART FOUR: SUBTOTAL PARTS ONE-FOUR: PART FIVE: OPTIONAL SERVICES (NOT INCLUDED) TASK 5.1 : CONTRACT ADMINISTRATION/CONSTRUCTIONOBSERVATION $ 1 2,500.00 TASK 5.2: COMPUTER MODELING AND ANIMATED GRAPHICS T.B.D SUBTOTAL PART FIVE:1 $22,000.00+T.B.D.SUBTOTAL OPTIONAL SERVICES, Fees T.B.D. Not included: REIMBURSABLE EXPENSES Please note that reimbursable expenses are estimated and included in the fee up to a $7,500.00 allowance.Reimbursable expenses exceeding this allowance will be subject to a contract modification. Allowances for the following sub consultants are included in the fee based on the following estimates. Final feesfor these sub)consultants will be determined at the conclusion of PART THREE when the final project complexity isdetermined. The final fee schedule will be subject to a contract modification prior to execution of services. A. Architect $ 1 5,000.00 B. Civil Engineer $ 15,000.00C. Structural Engineer $ 2,500.00 D. MEP. lighting, technology (Wi-FI), and audio $ 7,500.00 E. Irrigation Designer $ 2,500.00F. Occupational Therapist with a focus on sensory processing skills $ 5,000.00G. Wayfindinq Graphics-Assumed part of play equipment mfr's scope $fee)Estimated Subtotal for Sub Consultant fees: $ 47,500.00 0.00 (not included in S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\7850 Professional Landscape Architect Services\Contract\7850-005 North Lakes Park Masterplan\Contract\7850-005 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6DJ;758-821C-F167DD41 A1 F3 NORTH LAKES PARK (LILLY CANTU PLAYGROUND) MASTER PLAN / Page 8 of 8 MESA ADDITIONAL SERVICES/HOURLY FEE SCHEDULE Services requested, but not specifically included in the scope of services listed above, will be consideredadditional services. Modifications to drawings, after approval by Owner, due to changes requested by Owner orother consultant will be considered additional services and billed at an hourly rate as follows: Senior Principal PrincipalAssociate PrincipalAssociate Project Associate Senior Project ManagerProject ManagerSenior Designer Visualization ManagerVisualization Specialist DesignerGraphics/Marketing/AdminIntern $235.00 $1 95.00 $1 75.00 $1 60.00 $ 1 50.00 $ 1 30.00 $1 1 5.00 $1 00.00 $ 1 00.00$ 85.00$ 85.00 $ 75.00$ 70.00 1.Excluded services include. however are not necessarily limited to:a. Utilities (water, sewer, storm, electrical, cable, telephone, etc.) b. Sub-consultant design feesc. Civil, structural, mechanical, and electrical engineering if required.d. Architect, Irrigation designer or lighting design and associated consultant fees.e. Project signage environmental graphics. f. Landscape lighting electrical plans.g. Design of any related off-site improvementsh. Illustrative plans, models, and drawings not specifically described in Scope of Services.Redesign of elements due to site plan changes (i.e., buildings relocate, site grading changes)j. Geotechnical information. k. As Built DrawingsI. TDLR Submittal m. Any jurisdictional mitigation plans (including wetland, tree, 404 permit, etc.) On Site Construction Managementn o. Site Safety, Operations and Maintenance 2.The above-described compensation for MESA Design Associates does not include the following non-laborcosts a. Permits and/or registration fees b. Travel expenses outside of Dallas such as airfare and lodgingc. Other products and services requested by the Client and not specifically described herein. d. All Jurisdictional Submittal, Permitting or Review Fees.e. TDLR Fees and Expenses. MESA Desjgn Fates, IncRespectfully submitted, Fred L. Walters, Principal S:\Materials Management\PRCH\BIDs, RFPs & Contracts\7000-7999\785C) Professional Landscape ArchitectServices\Contract\7850-005 North Lakes Park Masterplan\Contract\78501)05 Revised Propsoal 1 .25.docx DocuSign Envelope ID: 32E966CB-8E6Ddj758-821C-F167DD41 A1 F3 CONFLICT OFWTEREST QUESTIONNAIRE For vendor or other Person doing business with local governmental entit' This questionnaire reflects changes macby 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. An offense under this section is amisdemeanor.a M Mesa Deslgn Assoclates , Inc. 2 [X] 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 loca1 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?= Y es B No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?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 „”A ~. D.Describe each employment or business and family relationship with the local government officer named in this section NO relationshi p 4 5 La 1 have no Conflict of Interest to disclose. 'DocuSigned by: FrLl LDalfws mr Iness with the governmental entity 2/212q23 Date DocuSign Envelope ID: 32E966CB-8E6D-4758-821C-F167DD41 A1 F3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of theparties. 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; O) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease ofgoods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003(a)(2)(A) and (B): (A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vaKk3G (p) has given to the local govemmentomcer ora family member ofthe officer one or more gifts that have an aggregate valueofmore than $ 100 in the 12-month periodpreceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local govemmental 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 govemmental entity, or a family member ofthe omcer, described by Section 176.003 (a)(2)(A); (2) has given a local government officer of that local govemmental entity, or a family member of the oaicer, 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 appropiate 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 governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware'(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local govemment oaicer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3d degree ofaffiniW (marriage) or consanguinibr (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 urd zoning Comndssion Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right x)f-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 recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1 ) year. 'orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015 [k>cuSign Certificate Of Completion Envelope Id: 32E966CB8E6D4758821 CF167DD41AIF3 Subject: Please DocuSign: City Council Contract 7850-005 Source Envelope: Status: Completed Document Pages: 38 Certificate Pages: 6 AutoNav: Enabled Signatures: 6 Initials: 1 Envelope Originator: Erica Garcia 901B Texas Street Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 1/26/2023 10:18:31 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 1/26/2023 10:29:36 AM Viewed: 1/26/2023 10:29:55 AM Signed: 1/26/2023 10:33:22 AM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 1/26/2023 10:33:28 AM Viewed: 1/26/2023 10:53:27 AM Signed: 1/26/2023 10:53:56 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication(None) 'DocuSlgned by:I ALArdhL&pub .4B070831B4AA438, Sent: 1/26/2023 10:54:02 AM Viewed: 1/26/2023 3:25:19 PM Signed: 1/26/2023 3:33:53 PM Signature Adoption: Pre-selected Style Using IP Address: 47.24.7.77 Electronic Record and Signature Disclosure: Not Offered via DocuSign Fred Walters fwalters@mesadesigngroup.com Security Level: Email, Account Authentication(None) Sent: 1/26/2023 3:33:58 PM Resent: 2/2/2023 10:50:22 AM Viewed: 2/2/2023 10:57:35 AM Signed: 2/2/2023 1 1 :49:35 AMSignature Adoption: Pre-selected Style Using IP Address: 71.42.210.242 Electronic Record and Signature Disclosure:Accepted: 2/2/2023 10:57:35 AMID: 0072ffc3-cf8c4c8c-bf55-5f647482984a Signer Events Gary Packan Gary.Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication(None) Signature 'DocuSlgned by: Lqa£f,et Timestamp Sent: 2/2/2023 11 :49:41 AM Viewed: 2/2/2023 1 :21 :22 PM Signed: 2/2/2023 1 :22:32 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 2/2/2023 1 :21 :22 PMID: 6a77a781-78974f5b-a171-le367e52469f Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 2/2/2023 1 :22:40 PM Viewed: 4/1 9/2023 9:08:53 AM Signed: 4/1 9/2023 9:10:14 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 4/1 9/2023 9:10:17 AM Viewed: 4/1 9/2023 9:10:42 AM Signed: 4/1 9/2023 9:10:47 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus J. Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Isbs J. (dA,)„r Sent: 4/19/2023 10:12:39 AM Viewed : 4/1 9/2023 10:20:18 AM Signed: 4/1 9/2023 10:21 :02 AM,2437C77B897541 D Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 4/19/2023 10:20:18 AMID: fa43667e-faa54097-93daz19d175907038 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 1/26/2023 10:33:28 AM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 2/2/2023 1 :22:40 PM Viewed: 2/2/2023 1:31 :56 PM Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 4/1 9/2023 10:59:51 AMID: ebe47acH-3a9d-42e7-9f81-773a9e967edb Sent: 4/19/2023 10:12:41 AM Viewed: 4/1 9/2023 10:13:20 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/1 9/2023 10:21 :05 AM Viewed: 4/19/2023 1 1 :35:41 AM Chris Escoto Chris.Escoto@cityofdenton.comPark Planner City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 4/19/2023 10:21 :06 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 1/26/2023 10:29:36 AM 2/27/2023 11 :06:33 AM 4/19/2023 10:20:18 AM 4/1 9/2023 10:21 :02 AM 4/19/2023 10:21 :06 AM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Fred Walters, Gary Packan, Jesus J. Salazar, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ’I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ’Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address. . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing @cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Rl lired hardware and software Operating Systems Browsers (for SENDERS Browsers (for SIGNERS) r I mlet Explorer 6.0?, Mozilla FireFox 1.0NetScape 7.2 (or above c x Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable Hmp 1.1 settings via roxy 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 OFELECTRONIC 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.