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23-1518ORDINANCENO. 23-1518 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUENALL AND PERKINS, INC., FOR PROFESSIONALDESIGN SERVICES FOR THE DENIA PARK RENOVATION PROJECT FOR THE PARKSAND RECREATION DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FORTHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7850-o07 – PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTSERVICES AWARDED TO TEAGUENALL AND PERKINS, INC., IN THE NOT-TO-EXCEED AMOUNT OF $25 1,600.00). 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 maximumprovided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an agreement with Teague NaII and Perkins, 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 motjon to ap seconded by PR. ) Mthe following vote U -::0/IeC)o1 is ordinance was made by grId... Beal and ' This ordinance was passed and approved by Aye Nay Abstain Absent Mayor Gerard Hudspeth:Vicki Byrd, District 1 : Brian Beck, District 2:Paul Meltzer, District 3 :Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: ,/J t,/ I qI\PASSED AND APPROVED this the / ) F ' day of .A ][>5 b ) q _, 2023. GmD RmFMll–M ATTEST: JESUS SALAZAR, CITY SECRETARY \\\\\\PPI III APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Digitally signed by Marcella DN: cn=Marcella Lunn, o. A denton.com, c=USDate: 2023.07.21 15:03:06 U City of Denton,Eberr;it–marcetta,tl.l£n@cityQf -05'OO' )nuMI DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B DENTON Docusign City Council Transmittal Coversheet 7850–007 File Name Denla Park RenovatIon Project Purchasi,gContact E 'i'; G;“i' City Council Target Date AUGUST 15’ 2023 1 i cab1 ePiggy Back Option Contract Expiration Ordinance ron Not App N/A 23-1518 DocuSign Envelope ID: 997E43F4-9B96JICBA-BAD9-EF38F906691 B STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATEDPROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Teague NaII and Perkins, Inc. with its corporate office at 5237 N RiversideDrive, Suite 101, Fort Worth, TX 76137 and authorized to do business in Texas, ("LANDSCAPE ARCHITECT"), for a PROJECT generally described as: Denia ParkRenovation Project (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and theLANDSCAPE ARCHITECT hereby agrees to perform, professional architecturalservices set forth in the Scope of Services attached hereto as Attachment A. Theseservices shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay 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 provided pursuant to this AGREEMENT in an amount not to exceed $251,600 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 A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continuefor a period which may reasonably be required for the completion of the PROJECT,until the expiration of the funds, or completion of the PROJECT and acceptance by theCITY, whichever occurs first. LANDSCAPE ARCHITECT shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth inAttachment C. SECTION 3 Terms of Payment City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 1 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 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 PROJECT schedule as set forth in Attachment C 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. No interest 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 ofsuspension 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 architectrepresentative 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: (1 ) with the professional skill and care ordinarily provided by competent landscape City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 2 of 1 9 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B architects practicing in the same or similar locality and under the same or similarcircumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent landscape architect. C. Subsurface Investigations The LANDSCAPE ARCHITECT shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurfaceinvestigations in connection with design and landscape architectural work to be performedhereunder. The LANDSCAPE ARCHITECT shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY,unless otherwise specified in Attachment A. (1) in soils, foundation, groundwater, and other subsurface investigations, theactual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties insubsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of 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 otherwiseapproved 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 PROJECTdescribed herein. The transfer of copyright interest or ownership of Documents shall not extend 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. Landscape Architect’s Personnel at Construction Site The presence or duties of the LANDSCAPE ARCHITECT 's personnel at a construction site, whether as on-site representatives or otherwise, do not make the LANDSCAPE ARCHITECT or its personnel in any way responsible for those duties that belong to theCITY and/or the CITY’s construction contractors or other entities. and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 3 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B procedures necessary for coordinating and completing all portions of the construction workin accordance with the AGREEMENT Documents and any health or safety precautionsrequired by such construction work. The LANDSCAPE ARCHITECT and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth inAttachment A, the LANDSCAPE ARCHITECT or its personnel shall have noobligation or responsibility to visit the construction site to become familiar withthe 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 mannerindicating 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 be construed 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 andperformance 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 A. (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 ofexisting equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality ofperformance 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 LANDSCAPE ARCHITECT makes no warranty that the CITY’s actualPROJECT costs, financial aspects, economic feasibility, or schedules will notvary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, orestimates. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 4 of 19 DocuSign Envelope ID: 997E43F4-9B96-+CBA-BAD9-EF38F906691 B 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 LANDSCAPE ARCHITECT 's knowledge, information, and belief from selective sampling andobservation that the work has progressed to the point indicated. Such recommendationsdo not represent that continuous or detailed examinations have been made by the LANDSCAPE 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 examination to 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 andclear 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. 1.Right to Audit LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine andphotocopy any directly pertinent books, documents, papers and records of theLANDSCAPE ARCHITECT involving transactions relating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITY shall have access during normal workinghours to all necessary LANDSCAPE ARCHITECT facilities and shall be providedadequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give LANDSCAPE ARCHITECT reasonableadvance notice of intended audits. LANDSCAPE ARCHITECT further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, untilthe expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papersand records of such subconsultant, involving transactions to the subcontract, and further,that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 5 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. LANDSCAPE ARCHITECT and subconsultant agree to photocopy such documents asmay be requested by the CITY. The CITY agrees to reimburse LANDSCAPEARCHITECT for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. J. INSURANCE 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. Ifsuch Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. 1.The CITY shall be included as an additional insured with all rightsof 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, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii.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 insurancewith 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 landscape architect owns no vehicles, coverage forhired or non-owned is acceptable. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 6 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B i.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 business 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 maintainworkers compensation and employers liability insurance and, ifnecessary, 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 and its 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 a retroactive date prior to the date of the AGREEMENT or the first date ofservices to be performed, whichever is earlier. Coverage shall bemaintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencingthis 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 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 City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 7 of 1 9 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 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, 901 Texas 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 strengthand solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval bythe CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coveragemaintained 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 incurringexpense, to review the LANDSCAPE ARCHITECT 's insurance policiesincluding endorsements thereto and, at the CITY's discretion; the LANDSCAPE 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. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification orchanges from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 8 of 1 9 DocuSign Envelope ID: 997E43F4-9B964CBA.BAD9-EF38F906691 B final payments. I. 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 sameor 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 independentconsultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat 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, includingpersonal financial interest, direct or indirect, in property abutting the proposed PROJECTand business relationships with abutting property cities. The LANDSCAPE ARCHITECTfurther acknowledges that it will make disclosure in writing of any conf]icts of interest thatdevelop 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 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 the City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 9 of 19 DocuSign Envelope ID: 997E43F4-9B962lCBA-BAD9-EF38F906691 B permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the LANDSCAPE ARCHITECT couldnot have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITY of 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 C to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: LANDSCAPE ARCHITECT andLANDSCAPE ARCHITECT’s agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexualorientation, age, disability, creed, color, genetic testing, or national origin, be refused 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 ofthe information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT as required for the LANDSCAPE ARCHITECT's performance of its services. The CITY will perform, atno cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with theLANDSCAPE ARCHITECT's services. The CITY will be responsible for all acts of theCITY's personnel. C. Advertisements, Permits, and Access City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 10 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, andpay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for 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 bythe CITY in a timely manner in accordance with the PROJECT schedule prepared inaccordance with Attachment C. E. Prompt Notice The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITY observes or becomes aware of any development that affects the scope or timing of theLANDSCAPE 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 work at CITY's facilities that may contain hazardous materials, including asbestoscontaining 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 claimsby 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.regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the LANDSCAPE ARCHITECT forcontractor's negligence. H. Contractor Claims and Third-Party BeneficiariesCity of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 11 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and 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, in connection with, or resulting from the landscape architectural services performed. 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 CITYand 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. 1.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 separateagreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in thisAGREEMENT. If such changes affect the LANDSCAPE ARCHITECT 's cost of or time required for performance of the services, an equitable adjustment will be made through an City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22Page 12 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 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 such instruments 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 not extend to Consultants 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. 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 of its 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 eitherparty 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 . City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 13 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9.EF38F906691 B (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 personnel to 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 ARCHITECTwill submit to the CITY an itemized statement of all termination expenses. The CITY'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 UNDER CONTRACT, 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. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 14 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it. The venue for 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 during the term of this AGREEMENT by governing bodies having jurisdiction or authority for such enactment.No plea of misunderstanding or ignorance thereof shall be considered. LANDSCAPEARCHITECT AGREES TO INDEMNIFY AND HOLD HARMLESS CITY AND ALL OFITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS ORLIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER. LAW.ORDINANCE, OR REGULATION, 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, LANDSCAPE ARCHITECT 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 by any LANDSCAPE ARCHITECT employee who is not legally eligible to perform suchservices. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITyHARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TOVIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT, LANDSCAPEARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right to immediately terminate this AGREEMENT for violations of this provision by LANDSCAPEARCHITECT. City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 15 of 19 DocuSign Envelope ID: 997E43F4-9B96-tCBA-BAD9-EF38F906691 B 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 the term 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’s signature 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 LandscapeArchitect, pursuant to Chapters 2252 and 2270, is not ineligible to enter into thisagreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization.Failure to meet or maintain the requirements under this provision will be considered amaterial breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the company that 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 ArchItect certifies 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 tomeet 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 City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 16 of 19 DocuSign Envelope ID: 997E43F4-9B96dlCBA-BAD9-EF38F906691 B Landscape Architect acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the companythat it (1) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By sIgning this agreement, 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 contractagainst 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 the requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlledby 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 2252.908 of the Government Code. The law states that the City may not enter into this contractunless the Contractor submits a disclosure of interested parties (Form 1295) to the Cityat 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. The contractor shall: 1. Log onto the State Ethics Commission Website at :https://www .ethics.state.tx.us/filinginfo/1295/ 2. Register utilizing the tutorial provided by the StateCity of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 17 of 19 DocuSign Envelope ID: 997E43F4-9B96zlCBA-BAD9-EF38F906691 B 3 4 56. Print 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 subject line. (EX: Contract 1234 – Form 1295) the contract number in the 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 theTexas 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– Scope of Services • Attachment B – Compensation • Attachment C - Project Schedule • Attachment D - Location Map These documents make up the AGREEMENT documents and what is called for by oneshall be as binding as if called for by all. In the event of an inconsistency or conflict inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above. The parties agree to transact business electronically. Any statutory requirements thatcertain 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: 997E43F4-9B96dlCBA-BAD9-EF38F906691 B Duly executed by each party’s designated representative to be effective on08/15/2023 ' ' - - BY: CITY OF DENTON, TEXAS BY:LANDSCAPE ARCHITECT DoeuSlgn•d br I SMA HHqI£? 5236DB296270423_. Sara Hensley, City Manager II and Perkins, Inc Namd Title 7/19/2023Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational 2023– 1044688 ItKW, and business terms TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER Signature Director of Parks and Recreation Title Parks and Recreatlon Department 7/19/2023 Date Signed: APPROVED AS TO LEGAL FORM: MA(,]CR6+&WVAND, CITY A1–rORNEY:: DaTE:By: L4Rn7nR31R4A AmR ArrEST:JESUS SALA7AR, INTERIM CITY SECB B bE,K Isla 58l4')ar City of Denton, TexasProfessional Services AgreementRevised Date: 3/22/22 Page 19 of 19 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B £tnp ATTACHMENT 'A' ITEMIZED SCOPE OF SERVICES Teague NaII and Perkins, Inc., (CONSULTANT) shall render the following professional services (BASIC SERVICES)necdssary for the development df the project. ANTICIPATED SCOPE OF WORK: Design shall be based on primarIly existing park layout and programming. Major emphasis of the scope of work will be grading as related to the playability of the softball fields, accessibility of paved areas and proposed trails, as well as addressing erosion issues. Additional improvements site elements and programming as detailed below. Geotech, structural, electrical, and TAS/TDLR coordination also included. GENERAL ASSUMPT10NS AND EXCLUS10NS: Below are shown the assumptions and qualifiers for the landscape architecture scope of work found herein. Assumptions: • Area of work is as shown in Attachment E, attached. • Total project budget is estimated to include approx. $3,500,000 of park improvements. • Includes coordination with appropriate consultant team members such as the client, structural, civil, and/or contractor as appropriate. • Plans to include conduit for future lighting along trail. Exclusions: • Community engagement, presentations, documents, or plans beyond those described herein or as required for “Special Exceptions', Variances or Zoning changes required by the CLENT. • SUIvey. • Multiple design alternatives beyond those “Submittals” described or significant site plan revisions following acceptance at each given phase of review documents. • Irrigation design.• Electrical / lighting design. BASIC SERVICES 1.PROJECT BASE IMPROVEMENTS:a. Concrete: i. Replace and straighten out sidewalks in common area between softball fields (Exhibit A #4). it. Mow-stripsfor softball outfield fencing. iii. Install concrete for the maintenance gate entrances into the softball fields for mowers and other machinery needed for maintenance. (move gates internally instead of outside Exhibit A #5)b. Softball Field: 1. ii. 111. IV. V. VI, VII. VIII. Regrading of softball field to improve safety and maintenance conditions. 1 % outfield slope & .65% infield slope. Softball infield material from MasterTurf products. (or approved equal)Remove existing galvanized chain-link and replace with black vinyl chain-link, except for the backstops. Will prefer mesh netting system as backstops along with 34ft tall concrete backstops with padding. Provide engineered foundation details for mesh netting backstop poles. Straighten out the foul poles. Identify & assess conditions to improve internal sidewalk connections. Existing tripping hazards,and erosion issues. Remove trees located by Field 3. (duplicate from below) Install tiff-tuff grass for new field sad. Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 1 DocuSign Envelope ID: 997E43F4-9B962lCBA-BAD9-EF38F906691 B !!trIP C. d. Landsmping Parks and Recreation urban forester to provide tree species and location for trees to be added along trail, medians in south parking lot. Miscellaneous New configuration and addition of irrigation throughout park & Fields - Plans to be provide by Park Manager who is a Licensed Irrigator (not included in this scope). City provided irrigation plans to be incorporated into the final construction documents. City provided trail plans to be incorporated into the final construction documents. City provided landscape plans for areas outside of the softball fields to be inmrporated into the finalconstruction documents. Erosion Control Measures (SWPPP) Plan(s) 111. IV. VI.Install conduit/sleeves along the trail for future lightning opportunities. VII .Grading throughout the park where needed. Fix/drop the grade around the rec center building. Currently, the grade goes up to the bricks anddoesn’t show 6" of slab. Lab Testing Bid Item: Concrete Slump tests-subgrade density specs,to be added to bid sheet. VIII. IX.and frequency tests 11.PROJECT WISH LIST Softball dugouts enhancements Park Furnishings a b Addition of drinking fountain around trailhead. Add trash receptacle/pads to trail. Benches around trails iv. Interpretive kiosk sign at main entrances to highlight trails. Regrade canopy area located between Rec Center and behind Field 4 (NE field) and add swale to fix erosion issues. May need drop inlet to avoid runoff towards soccer field. Maybe landscaping improvements within canopy area including tree border beds, rocks, type of seed mix can help. Addition of trail lights to have the ability to be dimmable and motion capable. Options between bollard to 6-10ft posts depending on fixture standard. Fixture must be dark sky compliant. Parks and Recreation currently assessing potential lighting standards. Add stone columns to the pavilion Call-out dumpster enclosure on south parking lot Pre-fab steel building to include a small maintenance building on south parking lot next to dumpsterenclosure. Replace the galvanized playground fencing with black vinyl chain-link. PROJECT DETAILS IDENTIFIED BY PARKS AND RECREATION STAFF Project Constraints: Softball Fields used March-November (Need to provide Athletics team with appropriate dates for closure to minimize the programming impact.) Existing utilities on East side of park in between fields. (Area near new proposed sidewalk) Ensure that the turf of softball fields will be stripped completely. Grow-in during spring/summer (warm weather). Ensure bermuda is planted where there is no shade and zoysia palisades is plantedunder all shade. Add a swale between the NE softball field and live oaks and add zoysia sod under the live oaks ii iii iv V with temp irrigation in the spring so it will root in really well. We’ll need to trim the live oaks too per day the zoysia requirements of sunlight using the photo tool. vi. Regrade the north entrance common areas where the grade is too tall. vii. We need to fix the irrigation heads that are sticking up or the grade around the heads is low. a Project Assumptionsb i. Based on community feedback, community would like to see lights for safety. However, communityProject Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 2 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B Atnp members have concerns of already having too many lights. Need to identify unique ways within illumination plan. ii. Don't take out the 2 light pole footings that are at the multipurpose court on the north side. We’ll use them in the future. iii. Spacing of trees, benches, trail markers, pet waste stations identified in Park Design Standards. iv. Anticipate softball field closure November 15, 2023 - August 2024. May be pushed depending on construction document design timeline. v. Lab tests for concrete & subgrade to be included in project manual/bid. vi. Soil tests to be conducted by Park staff and sent to lab to determine whether field needs additives. Risks/Concerns identified by Parks and Recreation staff. i. Budget concerns. Project may need to be phased. ii. Closure of fields being too long and will impact programming. iii. Not being able to break ground this winter. Can impact anticipated construction timeline. Softball Field Design Details identified by Parks and Recreation staff. i. 1% outfield slope & .65% Infield slope on all four fields. ii. Add to bid sheet - Project Information Sign, site security (perimeter fencing). iii. Trees planted every 40 feet. iv. Call-out chain link fencing for site security (within areas there are major drop offs or dangerous situations). v. Specify chain link fencing for tree protection at drip line of all trees. C. d. VI . VII. Master Turf (or approved equal) material for infield and TifF Tuff grass for outfield. Drawings to follow Parks and Recreation and City of Denton design specifications and standards. IV.GENERAL DELIVERABLES: Provide itemized cost breakdown of services instead of lump-sum services. Provide an itemized list of what’s included in the construction administration service The City of Denton will supply existing data related to the project site, to the planning and design team, as available, for use during the site evaluation and design planning/potential phases of the project. In additional Parks and Recreation will provide the departments specs and design manual of approved site furnishing manufacturers such as benches, drinking fountains, bleachers, grills, trash cans, fencing,score boards, and other standard park elements found throughout the park. Necessary site investigation/data collection needed to begin design. Please provide line item for coordination of Geo-Tech and Site Survey if City of Denton does not have a current or one on file. Lead the department by interacting with the current staff for their insight and holding various meetings to determine the vision and course for the development. i. Project Design Meetings: 1. Preliminary - Initial Kick-off Meeting: One (1) meeting 2. Final Site Plan Meeting: One (1) meeting 3. 30%, 90%, 100% Design Review Meeting -Up to three (3) meetings 4. Coordination items with the City of Denton Development Services, franchise utility companies and other entities as necessary. Tasks will include design review meetings, submittal document reviews and general question and answer. Up to two (2) meetings. ii. Construction Documentation and specifications to allow bidding and construction of site improvements based on approved site plans by the City of Denton. Documents shall be a complete and correct set of construction documents and specifications as defined below. Consultant shall prepare and provide electronic copies of the plans (various formats) and shall be submitted at 30%, 90% and 100%. Documents to be included should entail the following if applicable: Demolition Plans, Grading Plan, Softball control plan and site amenities layout, landscape plan, irrigation plan (provided by City), Erosion control plan, drainage plan, electrical plan, structural plan, technical specifications and project manual, and cost a b C d e estimate Project Name: Denia Park Improvements Client: City of DentonTNP Project #: DEN Page 3 DocuSign Envelope ID: 997E43F4-9B96#lCBA-BAD9-EF38F906691 B .„p„. ,..;*.;.,„;.. ,„.p,.j.., ;.„...,.,..,.„...;.~..:......„.......A„DP milestone following the recommended City of Denton format. ADA/TAS/RAS Accessibility Review Additional items as identified by consultant to successfully complete project. 111. IV. V. LANDSCAPE ARCHITECTURE ASSUMPT10NS AND EXC)LUS10NS: Below are shown the assumptions and qualifiers for the landscape architecture scope of work found herein. Assumptions: • Area of work is as shown included with “Attachment E”. • The scope generally anticipates park design by the landscape architect for both hardscape and landscape improvements as described herein • Includes coordination with appropriate consultant team members such as the structural, civil, and/or contractor as appropriate. • As prime consultant, TNP will be responsible for submittal for TAS/ADA review. Exclusions: • Presentations, documents, or plans required for “Special Exceptions”, Variances or Zoning changes required by the architectural or civil design solutions chosen by the Owner. Field identification or location of trees. The landscape architect assumes that the tree survey provided by the owner/civil will have the pertinent information. Multiple design alternatives beyond those “Submittals” described or significant site plan revisions following acceptance at each given phase of review documents. Irrigation design. Subsurface drainage. Site signage and/or signs for buildings and vehicular circulation. SITES/LEED pursuit. • • • • • • SUBMITTALS & COORDINATION MEETINGS.' A Landscape Architect from Consultant will attend meetings and or presentations to coordinate with other team members and the owner during the design phase. Plans and specifications will be submitted as outlined below for Client and/or governmental review. Included in this item: • Up to seven (7) team coordination or presentation meetings during the design phase of the project. • Official plan review submittals as follows: One (1) Concept (10%) review submittal.• • Deliverable: Color rendered plan, layout, sections, elevations or simple modeling to show design intent. One (1) Schematic Design (30%) review submittal.• • Deliverable: 22X34” B&W landscape site plan showing proposed softball field improvements, hardscape and planting elements. One (1) Design Development (60%) review submittal.• • Deliverable: Softball Field Grading/Drainage, Hardscape Layout and Dimensioning, Hardscape Grading/Drainage, Landscape Planting, Landscape Grading/Drainage, Landscape Irrigation, Site Pedestrian Lighting, Sections/Elevations/Details. One (1) Construction Document (90%) review submittal.• Deliverable: Advanced Design Development Drawings with technical specifications, quantities and schedules sufficient for competitive bidding. • One (1) "For Bid and Permit” submittal.• Deliverable: Signed and Sealed Drawing Set and Technical Specifications.• One (1) “For Construction” submittal.• Deliverable: Signed and Sealed Drawing Set incorporating bid addendum or value engineering revisions.• Not included in this item: • Submittals for multiple early release permit drawings exceeding the total plan submittals described above. SPORTS FIELD REFURBISHMENT: Consultant will provide design plans and specifications for the upgrade and refurbishment of the sports fields located in Denia Park and illustrated in 'Exhibit A’ and the items pertaining to it to city of Denton specifications with natural turf. (Irrigation to be designed by Client.) Project Name: Denia Park ImprovementsClient: City of DentonTNP Project #: DEN Page 4 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 1IltrIP Included in this item: • Coordination of review and approval of the plans prepared as part of this item. • One (1) Plan showing dimensional layout of the sports field and any surface or integral markings on it. • One (1) Plan showing detailed grading plan for the sports fields. • One (1) Plan showing backstop replacement with netting structure. • One (1) Plan showing perimeter and outfield fence replacement with black vinyl fencing. • Coordinate water connections and supply, as required for field irrigation and maintenance with irrigation • Dugout improvements. • Specifications and construction details for the field construction, connections, and installation. designer. Not included in this item: • Irrigation design.• Subsurface drainage. HARDSCAPE PLAN SERVICES: Consultant will provide a Landscape Architecture Design services that consists of hard surface elements of the site on the ground plane, excluding vehicular paving. Elements typically include grading and drainage, pedestrian paving, selection and location of ornamental light fixtures as related to the pedestrian trails, pedestrian handrails, exterior stairs and ramps, site furniture, fencing, mow curbs, shade structures and seat walls/retaining walls less than 36” in height. Included in this item: • Coordination of City review and approval of plans prepared as part of this item. • Schematic Design: One (1) schematic option submitted for client review and coordination. One (1) board depicting critical sections, elevations or three.dimensional aspects of the design necessary to demonstrate design intent. Following team review, one (1) revision of the Schematic Design to incorporate client comments. An opinion of the probable construction cost will be provided. Design Development: One (1 ) image board depicting proposed materials and design theme options. Plans to include one (1) Layout Plan depicting horizontal alignment, one (1) Grading and Drainage Plan depicting the direction and location of site drainage for natural surfaces outside of the parking lots and vehicular circulation that will be passed along and coordinated with the existing site grading and drainage. Site Detail Plans depicting elevations and sections of key elements prepared as a part of this item. An opinion of probable construction cost will be provided. Construction Documents: Plans to include layout, grading and detail plans to a level sufficient to demonstrate design intent and allow the construction thereof, Including materials and quantity schedules. Technical specifications will be prepared for each critical item in the Landscape Architectural Plans. Coordination with the Civil Engineer to connect landscape drainage structures and features into existing overall site drainage plan, Coordination with the Client in relation to the enhancements at entryways in relation to material, grades and amenities. Coordination with Structural Engineer related to shade structures and footings, if required. • • • • • Not included in this item: • Retaining wall design for walls over 36” in total height, or with surcharges. • Vehicular pavement design and grading. Paving enhancement design for vehicular areas, if any, will be provided by the civil engineer in the design development phase for incorporation into the vehicular paving plans.• SITES/LEED pursuit. LANDSCAPE PLANTING PLANS: Consultant will provide a Landscape Planting Plan that consists of selection and location of natural turf related directly to the interior of the softball fields. Included in this item: • Coordination of City review and approval of plans prepared as part of this item. • Schematic Design: One (1) schematic plan submittal for client review and coordination. One (1) image board depicting proposed plant materials and ornamental mulches/groundcovers. Design Development: Plans to include one (1) Planting Plan depicting locations of plants with associated notes, quantities and schedules. One (1) Planting Details Plan depicting soil preparation and amenities prepared as a part of this item. Construction Documents: Plans to include planting and detail plans to a level sufficient to demonstrate design intent and allow the construction thereof, including materials and quantity schedules. Technical specifications will be prepared for each critical item in the Landscape Planting Plans. Coordination with the Civil Engineer for any required grading of an ornamental nature to be included into the overall site grading plan Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN • • • Page 5 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B Atnp • • Coordination with the Architect in relation to required sleeves for draining enclosed or raised planting structures. Coordination with Structural Engineer related to allowable plantings and soil preparation adjacent to structural footings and slabs. Not included in this item: • Trees or other landscape enhancements. Refer to city urban forester plans. • Paving, structural planters, walls, furniture, irrigation and other inorganic site elements. TASfFDLR C00RDINATION: Consultant will prepare submittal paperwork and submit plans and specifications to a Registered Accessibility Specialist (RAS) to be reviewed in accordance with the Texas Accessibility Standards (TAS); particularV, the Architectural Barriers Act. Included in this item: • One (1) revision to the plans to respond to any deficiencies in the plans and specifications identified in the RAS plan review. • One (1) site visit with the RAS for the final site inspection. Not included in this item: • Changes to plan sheets other than those representing deficiencies in the design identified by the RAS. • Fees for the review and inspection will be submitted as a reimbursable expense. LANDSCAPE CONSTRUCT10N ADMINISTRATION: Consultant will provide limited Construction Administration services by processing change orders, construction change directives, pay apps, shop drawings, and product submittals, responding to RHs, and issuing supplemental instructions if required related to the work shown on the Landscape Architecture Plans. Submittals not required by the contract documents or not related to plans developed by the Landscape Architect will not be reviewed. Items related to irrigation are notincluded At the Clients request, a representative will attend up to five (5) project coordination meetings that could include a preconstruction meeting or regular Owner/Architect/Contractor (OAC) meetings during construction. At the request of the Owner and in conjunction with the OAC meetings, Consultant will visit the site at critical junctures during the course of site construction up to five (5) times. Recommended timesfor site visits could include: • Paving mockups and site formwork/reinforcing. • Soil preparation and finish grades prior to actual planting. • Substantial Completion Walk-Through. • Final Completion Walk-Through. This shall not be construed as performing continuous construction inspection. Please note the following: Consultant shall not at any time supervise or have authority over any Contractor work or jobsite management procedures, nor shall Consultant have authority over or be responsible for the means and methods, or procedures of construction selected or used by theContractor Consultant neither guarantees the performance of the Contractor nor assumes responsibility for the Contractor’s failure to furnish• and perform the Work in accordance with the Contract Documents. Consultant shall not provide or have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. • Consultant shall not be responsible for the acts or omissions of the Contractor or for any decision or interpretation of the Contract Documents made by the Contractor. • While at the Site, Consultant's employees and representatives shall comply with the specific applicable requirements of the• Contractor’s and Owner's safety programs of which Consultant has been informed in writing. • REIMBURSABLE EXPENSES: Included in this item are usual and customary expenses normally incurred during this type of project. These could include travel expenses, courier delivery charges, overnight delivery charges, copies of deeds, copies of existing plans and/or maps, photocopies, printing and reproduction (either in-house or by reproduction company). Application, review and filing fees are not included in this item. A copy of our “Standard Billing Rates for In-House Reimbursable Charges” is attached for your reference. RECORD DRAWINGS: Based on project construction records, maintained and provided by the Contractor, Consultant will prepare final Record Drawings of the referenced project in conformance with City requirements. These drawings will rely solely on the information provided by the Contractor and do not include irrigation. Field verification of actual construction is not included in this item. In the event the Contractor claims no changes were made to the plans during construction, Contractor will provide a letter on their letterhead positively stating that all construction wasdone per the construction documents. Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 6 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B !jtrIP SPECIAL SERVICES STRUCTURAL ENGINEERINg DESIGN: Consultant will provide structural review and detailed design for the project. The plan will be completed by a Licensed Structural Engineer in the State of Texas. This item will include design of pier details, footings, foundations, reinforcement, retaining walls and connections. Exclusions: 1. Design of wastewater trunk lines and wastewater line profiles.2. Irrigation design.3. MEP electrical 4. Prefabricated building design including the foundation design. 5. Subsurface drainage and/or storm drain improvements beyond.6. Trafficcontrol plans. 7. Survey services. 8. Subsurface Utility Engineering services.9. Geotechnical investigation. 10. Cultural or Historical Resource Assessment. 11. Environmental Assessment including wetland and waters of the US delineations. Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 7 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B IIitrIP ATTACHMENT 'B' COMPENSATION The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of $256,100 {Two Hundred Fifty One Thousand Six Hundred dollars). The overall fee total shown shall not be exceeded without priorwritten authorization from the CLIENT. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CLIENT monthly, based upon the percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services: DENIA PARK IMPROVEMENTS Task Fee Basic Services Sports Fields Hardscape LandscapeTDLRfTAS Review $ 97,400 $ 65,500 $ 8,000 $ 3,500 Subtotal $174,400 Project Wish List Hardscape Landscape $ 45,000$ 2,000 47,000Subtotal Construction Phase Services Construction Administration Record Drawings Reimbursable Expenses $ 12,700$ 2,000$ 5,000 19,700Subtotal Special Services Structural Engineering 10,500 10,500Subtotal Total Fee for Services $251 ,600 Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 1 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 1IltrIP Teague NaII and Perkins, Inc. 2023 Standard Hourly Rates Effective January 1, 2023 to December 31, 2023 Hourly Billing RateA $275 $270 $230 $280 $180 $285 $200 $160 $135 $280 $200 $140 $185 $160 $150 $120 $180 $85 $250 $185 $145 $185 $ 100 $80 Engineering/Landscape Architecture/ROW PFirFciWhUFDPFBrbur Team Leader Senior Project Manager Project Manager Senior Engineer Project Engineer Senior Structural Engineer Structural Engineer Engineer III/IV Engineer I/II Senior Landscape Architect/Planner Landscape Architect / Planner Landscape Designer Senior Designer Designer Senior CAD Technician CAD Technician IT Technician Clerical ROW Manager Senior ROW Agent ROW Agent Relocation Agent ROW Admin Intern Hourly Billing RateM $250 $155 $150 $130 $160 $190 $215 $235 $60 $100 $450 $280 Surveying $TFFFrMFTrMP Registered Professional Land Surveyor (RPLS) Field Coordinator S.I.T. or Senior Survey Technician Survey Technician 1-Person Field Crew w/Equipment** 2-Person Field Crew w/Equipment** 3-Person Field Crew w/Equipment** 4-Person Field Crew w/Equipment** Flagger Abstractor (Property Deed Research) Small Unmanned Aerial Systems (sUAS) Equipment & Crew Terrestrial Scanning Equipment & Crew Project Name: Denia Park Improvements Client: City of DentonTNP Project #: DEN Page 2 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B Atnp Utility Management, Utility Coordination, and SUE Senior Utility Coordinator Utility Coordinator SUE Field Manager Sr. Utility Location Specialist Utility Location Specialist 1-Person Designator Crew w/Equipment*** 2-Person Designator Crew w/Equipment*** 2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) Core Drill (equipment only) SUE aL-A Test Hole (0 < 8 ft)**** SUE QL-A Test Hole (> 8 < 15 ft)**** HourlyBilling Rate $180 $160 $180 $180 $110 $155 $200 $320 $800 $2,300 $2,800 {4 hr. min.) per day each each Construction Management, Construction Engineering and Inspection (CEI) Construction Inspector 1/II Construction Inspector III Senior Construction Inspector Construction Superintendent Construction Manager Senior Construction Manager Construction Records Keeper Hourly Billing Rate $110 $135 $150 $185 $220 $270 $120 Direct Cost Reimbursables A fee not to exceed 2% of labor billings shall be included on each monthly invoice for prints, plots, photocopies, plans or documents on CD, DVD or memory devices, and mileage. No individual or separate accounting of these items will be performed by CONSULTANT. Any permit fees, filing fees, or other fees related to the project and paid on behalf of the client by CONSULTANT to other entities shall be invoiced at 1.10 times actual cost. Notes: All subcontracted and outsourced services shall be billed at rates comparable to CONSULTANT’s billing rates above or cost times a multiplier of 1.10. ' Rates shown are for 2023 and are subject to change in subsequent years. " Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level. "' Includes crew labor, vehicle costs, and field supplies. Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 3 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B 1IltrIPATTACHMENT C PROJECT SCHEDULE Upon receiving a notice to proceed the schedule will be developed within fifteen (15) business days. CONSULTANT shall endeavor to accomplish the work in a timely manner in accordance with a schedule based on the magnitude of the task ascoordinated with the Client. Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 1 DocuSign Envelope ID: 997E43F4-9B96dlCBA-BAD9-EF38F906691 B RtnpATrACHMENT 'D'PROJECT AREA Project area is defined by the area outlined in red on the image below. Legend + #eaofhVtN'eaBfts Project Name: Denia Park ImprovementsClient: City of Denton TNP Project #: DEN Page 1 DocuSign Envelope ID: 997E43F4-9B964CBA-BAD9-EF38F906691 B CONFLICT OF INTEREST QUESTIONNAIREFor vendor or other person doing business with local governmental entit' This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton Ethics Code, Ordinance 18-757. By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1 ), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.misdemeanor.a W An offense under this section is a Teague Na11 and Perklns , Inc . 2 , , Check this box if you are filing an update to a previously filed questionnaire.X (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. 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 176.001(1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A.Is the local government officer named in this section receiving or likely to receive taxable Income, other than investment income, from the vendor?[] Yes 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 govemment officer named in this section AND the taxable income is not received from the local governmental entity? =1 Yes [X] No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? E] Yes m No D.Describe each employment or business and family relationship with the local government officer named in this section 4 5 La 1 have no Conflict of Interest to disclose. 7/19/2023 Tgnatumm less with the governmental entity Date DocuSign Envelope ID: 997E43F4-9B96zlCBA-BAD9-EF38F906691 B CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copyofChapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.ug Does/LG/htm/LG 176.htm. For easyreference, below are some of the sections cited on this form. Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity ; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase orleaseofgoods 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 govemmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vaKbc (B) has given to the local government officer or a family member ofthe officer oneormoregifts thathave an aggregate value ofmore than $ 100 in the 12-month pehodpreceding the date 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 vendor. Local Government Code $ 176.006 fa) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire ifthe vendor has a business relationship with a local governmental entity and: ( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member ofthe officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local govemmental entity, or a family member of the officer, one or more gifts with the aggregate value specifiedby 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 govemment officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local 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 government officer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3d degree of affinity (marriage) or consanquinity {blood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition does not include those property owners from whom the City acquires public right4f-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 ($200.00) 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. ;crm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015 [k>cuSign Certificate Of Completion Envelope Id: 997E43F49B964CBABAD9EF38F906691 B Subject: Please DocuSign: City Council Contract 7850-007 Denia Park Reno Project Source Envelope: Status: Completed Document Pages: 34 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: 198.49.140.104 Record Tracking Status: Original 6/29/2023 4:10:35 PM 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: 6/29/2023 5:11:51 PM Viewed: 6/29/2023 5:12:01 PM Signed: 6/29/2023 5:13:18 PM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 6/29/2023 5:13:20 PM Resent: 6/30/2023 8:31 :58 AM Viewed: 7/3/2023 7:56:37 AM Signed: 7/3/2023 7:57:39 AMSignature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 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 br IALartLLhLRhjb '4807Q&31&4AA438. Sent: 7/3/2023 7:57:41 AM Viewed: 7/12/2023 9:39:04 AM Signed: 7/1 2/2023 10:23:48 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Nicholas Nelson nnelson@tnpinc.com Security Level: Email, Account Authentication (None) –T/"“"rd3DBOEOD79F7&as Sent: 7/12/2023 10:23:50 AM Resent: 7/1 3/2023 1 :41 :53 PM Resent: 7/1 7/2023 3:04:29 PM Resent: 7/1 8/2023 12:48:24 PM Viewed : 7/1 9/2023 7:10:49 AM Signed: 7/19/2023 7:12:59 AM Signature Adoption: Uploaded Signature Image Using IP Address: 107.167.223.98 Electronic Record and Signature Disclosure: Accepted: 7/1 9/2023 7:10:49 AMID: 1453429b-4bfe-+09f-a746-0795b8d5e867 Signer Events Gary Packan Gary.Packan@cityofdenton.comDirector of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 7/1 9/2023 7:13:02 AM Viewed: 7/19/2023 1 1 :21 :02 AM Signed: 7/1 9/2023 11 :21 :27 AM 'DoaB®d br L%£f,et? Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 7/19/2023 1 1 :21 :02 AMID: dlf62857-9059Jlb2b-a46bJj691a87140ce 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: 7/1 9/2023 11 :21 :29 AM Viewed: 8/1 6/2023 8:22:35 AM Signed: 8/16/2023 8:22:59 AMUsing IP Address: 198.49.140.104 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 8/1 6/2023 8:23:03 AM Viewed: 8/16/2023 8:24:21 AM Signed: 8/16/2023 8:24:28 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) -DoaMfnd brI Iq„ S„W.2437c77B8e7541 D. Sent: 8/16/2023 8:24:31 AM Viewed: 8/1 6/2023 10:07:05 AM Signed: 8/16/2023 10:07:51 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted : 8/1 6/2023 10:07:05 AMID: 2c789e26-1 59b21075-bd44-d19cOd8254ec 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: 6/29/2023 5:13:20 PM 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: 7/1 9/2023 11 :21 :30 AM Viewed : 7/20/2023 8:40:14 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 8/1 6/2023 10:07:54 AM Viewed: 8/17/2023 2:55:29 PM 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: 8/1 6/2023 10:07:55 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Envelope Updated Certified Delivered Signing Complete Completed Status Timestamps 6/29/2023 5:11:51 PM 7/1 9/2023 11 :34:22 AM 8/16/2023 10:07:05 AM 8/16/2023 10:07:51 AM 8/16/2023 10:07:55 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: Nicholas Nelson, Gary Packan, Jesus Salazar ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide toyou certain written notices or disclosures. 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