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7350 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Solids Handling Gabby Leeper Not Applicable 7350RFQ N/A March 23, 2021 21-488 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 18 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and HAZEN AND SAWYER, P.C., with its corporate office at 500 West 7th Street, Suite 702, Fort Worth, TX 76102, and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Solid’s Handling (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. 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 not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $1,993,302 in the manner and in accordance with the fee schedule as set forth in Attachment A. Payment shall be 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 continue for 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 the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 18 A. Invoice and Payment (1) The Engineer 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 A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed 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 any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be 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 ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER 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 ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 18 care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual 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 in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER 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 such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY 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 procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER 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 in Attachment A, the ENGINEER or its personnel shall have no obligation or DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 18 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 Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (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 ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 18 ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER 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) ENGINEER 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 and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the 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, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 18 J. INSURANCE (1) ENGINEER’S INSURANCE a. Commercial General Liability – the ENGINEER shall maintain 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 insured endorsement or a substitute providing equivalent coverage, and under 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 Commercial General 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance 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, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. c. Workers’ Compensation – ENGINEER shall maintain workers DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 18 compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability – ENGINEER shall maintain professional 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 of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to 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 contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 18 f. Insurers for all policies must be authorized to do business in the State of Texas 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 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-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 or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. K. Independent Consultant DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 18 The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified 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 design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 18 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: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. 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, and pay 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 the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, 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 in accordance with Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 18 becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 18 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required 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 ENGINEER 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 the ENGINEER, whether in hard copy or in electronic form, are instruments of service 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 ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 18 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’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 to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'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 ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 18 IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent 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 any litigation 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 unenforceability will 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.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, 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 or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY 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 DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 18 ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER 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 ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 18 at the time the Engineer submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Engineer will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to 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. O. Prohibition Against Personal Interest In Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Engineer shall complete and submit the City’s Conflict of Interest Questionnaire. P. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed 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 the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 18 Attachment A - Consultant’s Scope of Services Offer, Project Schedule and Rate Sheet These documents make up the AGREEMENT documents and what is called for by one shall 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 shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. Duly executed by each party’s designated representative to be effective on the date subscribed by the City Manager. ENGINEER BY:______________________________ AUTHORIZED SIGNATURE Printed Name:_____________________ Title:____________________________ __________________________________ PHONE NUMBER _________________________________ EMAIL ADDRESS ___________________________________ TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS BY: _____________________________ ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _______________________________ DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Vice President CDassanayake@hazenandsawyer.com 469-766-0669 cdassanayake@hazenandsawyer.com Chamindra Dassanayake 2021-728797 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 18 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Utilities Administration Terry Naulty Interim Director of Water/Wastewater Revised February 8, 2021 Page 1 of 17 Scope of Work RFQ – 7350 Reclamation Solids Handling Pecan Creek Solids Handling Project The project comprises of refurbishment and enhancement of the solids handling facilities at the PCWRF to improve reliability and prepare the plant for uprating the capacity by implementing chemically enhanced primary treatment (CEPT). The project is divided into two bid packages and one separate plant uprating permitting assistance task. The first bid package is a fast-track design for the anaerobic digester valve and cover replacement. The services for this task include detail design, bidding phase service and construction phase services. The second bid package is the remainder of the solids handling improvements and includes evaluation, development of a preliminary engineering report for submission to TCEQ, building permit application, preparation of construction documents, bid assistance, construction administration support, and start up/ commissioning services. In addition to the two bid packages, the project also consists of providing TCEQ permitting assistance for the uprating of the facility using CEPT expansion. Per RFQ 7350 and negotiation with the City of Denton the following line items comprises the scope areas for the project: Installation of: 1. Three (3) rotating drum thickeners, feed pumps, discharge pumps, wash water pumps, and polymer feed system in a covered canopy structure open on all sides. 2. New primary sludge pump station on the North Process Train. 3. New RAS and WAS sludge pumps within the existing facilities to meet new hydraulic conditions. 4. Large bubble mixing system to be installed in existing sludge holding basin to allow for mixing primary and waste activated sludge prior to thickening. 5. Primary sludge screening facility to remove rags and debris from the primary sludge to improve operations and reduce maintenance of downstream solids processes. 6. Concrete containment berm around existing digesters consisting of a 12 to 18-inch tall curb around the existing digester with drain to the plant drain to the west. 7. Storage Building to house existing portable generators and emergency bypass equipment. The metal building to have spray foam insulation and be approximately 100’x60’. Electrical service to include lighting and outlets for plugging in equipment while being stored. No motor control centers or office space to be designed. HVAC will be gravity dampers with exhaust fans. No heating or air conditioning is to be provided. 8. Fencing and one gate entrance along the southern boundary of plant site to provide security. 9. All necessary yard piping modifications to facilitate completion of the project including sludge piping to and from the sludge blend tank, new primary sludge pump station, RDTs, polymer systems, and filtrate. Exhibit A- Consultant’s Scope of Services Offer, Project Schedule and Rate Sheet DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 2 of 17 Replacement of: 10. All existing primary sludge pumps and grit pumps 11. Electrical motor control center (MCC) in the Lamson Blower Building to supply power to new thickening equipment. 12. South Return Activated Sludge (RAS) Electrical MCC. Refeed existing loads from the new MCC in the Lamson Blower Building. 13. Aeration Basin (8 basins) Diffusers with 9” membrane diffusers. Current diffusers are near end of life and are obsolete 14. Replacement of existing air valves at the aeration basins. New valves to have motor actuators. 15. Replacement of primary anaerobic digester cover 16. Replacement of anaerobic digester valves in basement of Digester Building Completion of: 17. Cleaning of the primary anaerobic digester 18. Complete rehabilitation of the Belt Filter Presses (2) and conveyor system consisting of mechanical refurbishment with new rollers and other wear parts. Does not include upgrade to controls. 19. Assess the need for Odor Control for the sludge blend tank 1. Bid Package 1 – Anaerobic Digester Valves and Cover Task 100 – Detailed Design (90% Design and Bid Set) Hazen and Sawyer (ENGINEER) will conduct a kick-off meeting with the City where the project scope of work, budget and schedule will be reviewed. The design will involve development of contract documents, which will include construction plans, details, technical specifications, and other documents to establish and depict the size, character, and extent of the Work with respect to: · Replacement of the floating cover on the Primary Digester with a new steel gas holder floating cover. New cover to have new pressure relief and flame arresters and new digester gas piping to the existing swivel joint · Replacement of plug valves in the basement of the Digester Building · Dewatering and cleaning of the Primary and Secondary Digester including miscellaneous concrete repair of tank and concrete pilasters that support to digester cover. · Improvements to digester gas piping system to allow full gas flow to the waste gas burner. The contract plans will be prepared using 2D AutoCAD. As part of the final design, the ENGINEER will incorporate the City’s bidding and contract documents and will also provide an opinion of probable construction cost. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 3 of 17 The following deliverables have been established for design, which will be provided at the 90% design completion point: Deliverables for 90% Design Completion · Plans, Sections and details for all disciplines · Complete technical specifications · Cost estimate The 90% documents will be submitted to the City for review and comments. Deliverables for Design Completion Upon receipt of the City’s comments on the 90% design deliverable, the ENGINEER will revise the set and issue signed and sealed bid documents, which will include the input required by the City Purchasing Department in the "front-end" documents, along with the design drawings and technical specifications. Scope Item Assumptions: · The City standard front end (general and supplemental conditions and Division 1 specifications) documentation for inclusion into the contract documents will be provided by the City · The City staff will provide comments to the ENGINEER on the 90% drawings and specifications. Turnaround time on comments is assumed to be within 1 week. · The City and ENGINEER staff will attend the 90% submittal workshop via video conference. · No permitting services are provided. · No civil design service are included. · Electrical and instrumentation services are included for replacement of the digester gas flow meter on the waste gas burner. · Structural services shall be limited to general concrete repair details including repair detail for top of pilasters. · Existing valves will be replaced in kind. · ENGINEER will evaluate digester gas piping system headloss to coordinate set points for digester cover, cover pressure relieve valves, and pressure regulating valve at the waste gas burner. Required piping and flow meter modifications will be designed. · Submittals shall include one (1) electronic copy of CAD files and word documents, one pdf electronic copy of entire bid set, and three (3) sets of bound 8 1/2-inch by 11-inch specifications and three sets of half size (11-inch by 17-inch) drawings (hard copy) DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 4 of 17 Meetings: · One (1) 2-hour kick-off meeting · One (1) milestone review workshop Deliverables: · 90% Design submittal · Signed and sealed bid set · Comment log with responses to City comments Task 140 Bid Phase Services The ENGINEER will assist the City during the bid period by performing the following tasks: · Attend a Pre-Bid Meeting · Respond to Bidder Inquiries · Preparation of Technical Addenda Content · Review bids and bidder references for completeness and recommend contract award, based on the lowest responsive and responsible bidder. · Prepare a conformed set of contract documents including the issued Addenda. Scope Item Assumptions: · The City will provide the City’s updated standard and special provisions and forms for required bid documents. · The City will arrange for all documents and addenda to be distributed to prospective bidders including reproduction of hard copies. · The City will advertise the projects for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, receive and respond to bidder inquiries (with the assistance of the ENGINEER for technical response), issue (with assistance of ENGINEER) any addenda, and conduct bid opening. · The City will prepare bid tabulation forms. · The City will receive the ENGINEER’s recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. · The City will prepare, review, and provide copies of the contract for execution between the City and the Contractor. · This Scope of Services does not include time for the ENGINEER to assist the City in the event of bid protests Meetings: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 5 of 17 · One (1) two-hour Pre-bid Meeting · One (1) two-hour meeting to discuss bids with the City Deliverables: · Bid Documents and Addenda · Agenda and meeting minutes for pre-bid conference · Bid Review Form and recommendation for contract award · Complete As-Bid Conformed Contract Documents including one (1) electronic copy of CAD files and word documents of the conformed plans and specifications. Five (5) sets of bound 8 ½-inch by 11-inch specifications and five sets of half size conformed drawings (11-inch by 17-inch). Task 160 - Construction Phase Services The ENGINEER will assist the City during the construction phase, by providing the following engineering services: · Attend a pre-construction meeting with the City and the Contractor. · Attend monthly progress meetings to update on construction progress with City. · Review and approve submittals and maintain the submittal log. · Provide interpretations and clarifications of the contract documents based on the contractor’s requests for information (RFIs) and review required changes. Maintain RFI log. · Review contractor pricing for change order requests. · Review, approve and compile the O&M Manual deliverables required by construction contracts and by equipment suppliers. · Make up to 6 periodic site visits to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This effort is in addition to the project representative observation (from the City or other) and does not include continuous monitoring of the progress of construction. · Make final inspections with the City Staff and provide the City with a letter of substantial completion and letter of final completion for the project. The ENGINEER will maintain the punch-list of final construction items for each discipline · Review construction “red-line” drawings and incorporate them into a set of record drawings of the Project as constructed (from the “red-line” drawings, inspections and the contractor provided plans) and deliver to the City, a reproducible set and electronic file of the record drawings within two (2) months of final acceptance of the project. Scope Item Assumptions: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 6 of 17 · Expected construction duration is 9 months, including digester cleaning, installation, startup, and commissioning. · City to arrange for a site inspector to continuously monitor the progress of construction · Total number of submittals is estimated at 20. Submittal review assumes 25% resubmittal · Review and respond to 15 RFIs. · The City will process applications/ estimates for payments to Contractor. · The City will conduct the substantial completion inspection and final completion inspection with the ENGINEER. · Construction submittals, RFIs and Meeting Minutes will be managed in Procore Document Management System for documentation and review workflow. Meetings: · One (1) two-hour pre-construction meeting · Nine (9) monthly progress meetings · Four (4) one-hour site visits (can be conducted following monthly progress meetings) · One (1) two-hour punch list walkthrough site visit Deliverables: · RFI responses · Change order review comments · Submittal review and comments · Record drawings · Meeting agenda, sign-in sheet, and meeting minutes · Project progress reporting and invoicing 2. Bid Package 2 – Solids Handling Improvements Task 200 - Preliminary Design Engineer will conduct a kick-off meeting with the City where the project scope of work, budget and schedule will be reviewed. Also during the kick-off meeting, the Engineer will review and discuss the design criteria and layouts from the previous work completed for the City to review and comment. As part of the preliminary design, necessary evaluations (condition assessments) will be performed and the basis of design will be documented, and 30% drawings will be developed of the key areas. This information will be compiled into a preliminary design report per TCEQ requirements. As part of this task, a 30% level opinion of probable construction cost will also be prepared. The PDR will be submitted to TCEQ for review. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 7 of 17 A draft PDR report will be submitted to the City for review. A workshop will be conducted to review the PDR and get comments from the City. Comments will be included into the final PDR before submission to the City and TCEQ. Scope Item Assumptions: · 30% drawings will be prepared for key areas (RDT, Primary sludge PS, Primary Sludge Screening, Sludge Blend Tank, Storage building, etc.). Equipment which will be replaced in kind will be included as part of detailed design. · City will review draft PDR within 2 weeks of submission by the Engineer. · Engineer will facilitate a PDR workshop to obtain review comments from the City. · Monthly progress will be reported as part of monthly progress meetings · Included allowance for Engineer to subcontract with surveyor and geotechnical engineering firm. Meetings: · One (1) 2-hour kick-off meeting · One (1) 2-hour PDR review workshop Deliverables: · Draft PDR · Kick-off meeting comments/minutes · PDR review workshop comments/ minutes · Final PDR (5 hard copies and one PDF copy to the City; 1 hard copy to TCEQ) Task 220 – Detailed Design (60%, Pre-final (90%), and Final (100%)) The design will involve development of a set of contract documents, which will include construction plans, details, specifications, and other documents to establish and depict the size, character, and extent of the entire project with respect to architectural, structural, site work, mechanical, instrumentation and electrical systems, and such other elements as may be appropriate. The contract plans will be prepared using a combination of Revit and 2D AutoCAD. As part of the final design, the ENGINEER will develop contractual conditions and instructions to bidders and will also update the project cost estimates and construction schedule, to reflect the level of design completion. As part of preparing the final design, the ENGINEER will conduct an internal constructability review. This review will focus on the ease with which the facility can be constructed at the selected site, be integrated with existing facilities, and avoid interferences and other obstacles that could cause construction delays or difficulties while maintaining plant operations. The ability to maintain existing facilities in service throughout construction will also be examined as part of the constructability review. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 8 of 17 Design documents will be submitted to the City at various stages during final design. The following deliverables have been established for design, which will be provided at the 60% and 90% design completion points, respectively: Deliverables for 60% Design Completion · Technical specifications · Plans, Sections and details for all disciplines · Updated cost estimate and schedule Deliverables for 90% Design Completion · Updated Plans, Sections and details for all disciplines · Complete specifications · Updated cost estimate and schedule The 60% and 90% documents will be submitted to the City for approval. Upon receipt of the City’s comments on the 60% and Pre-final (90%) deliverables, the ENGINEER will revise the set and issue Final, signed and sealed bid-ready (100% complete) documents, which will include the "front-end" documents, along with the design drawings and technical specifications. Scope Item Assumptions: · The City standard front end (general and supplemental conditions and Division 1 specifications) documentation for inclusion into the contract documents will be provided by the City · The City staff will provide comments to the ENGINEER on the drawings and specifications at each design milestone. Turnaround time on comments is assumed to be within 2 weeks. · The City staff will attend the 60% and 90% submittal workshops. · All permitting fees will be paid by the City · It is assumed that there are no known hazardous waste contaminated areas, wetlands, endangered species, or other environmentally sensitive flora or fauna which may require additional efforts during design, permitting or construction management. · The City will obtain any necessary easements and rights-of-way. · Submittals shall include one (1) electronic copy of CAD files and word documents, one pdf electronic copy of entire bid set, and three (3) sets of bound 8 1/2-inch by 11-inch specifications and five sets of half size (11-inch by 17-inch) drawings (hard copy) Meetings: · Two (2) milestone review workshops DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 9 of 17 Deliverables: · 60% design review submittal · 90% (pre-final) design review submittal · 100% signed and sealed design submittal · Comment log with responses to City comments Task 230: TCEQ and Local Permitting Coordination ENGINEER will submit sign and sealed plans and specifications to TCEQ. ENGINEER will also address TCEQ comments from the plan review process and incorporate them into the contract documents. ENGINEER will submit sign and seal plans for City of Denton land disturbance and building permit requirements. ENGINEER will perform research the necessary permits, apply for permit, submit plans and address review comments (Step 1 through 4 of City of Denton’s Permit Application Process). Scope Item Assumptions: · ENGINEER to complete City of Denton permitting requirements up to step where permit is ready to be obtain and permitting fee paid. · All permitting fees to be paid by City or Contractor. ENGINEER shall not pay any permitting fees. Meetings: · Two (2) one-hour meetings with City Staff to discuss permitting requirements · Two (2) one-hour conference calls with TCEQ for design review coordination · Two (2) one-hour meetings with City of Denton Building Permit Staff Deliverables: · TCEQ Submittal letter and design submittal package · City of Denton building permit submittal package Task 240 Bid Phase Services The ENGINEER will assist the City in developing bid documents including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items. The ENGINEER will develop specifications and drawings to describe the size and character of the entire project, description of the materials to be utilized and such other essentials as may be necessary for construction and cost analysis. The ENGINEER will assist the City during the bid period by performing the following tasks: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 10 of 17 · Attend a Pre-Bid Meeting · Respond to Bidder Inquiries · Assist in preparation of Addenda · Attend bid opening meeting · Review bids and bidder references for completeness, balance of bid items, and responsiveness and shall prepare a tabulation of bid prices · Recommend contract award, based on the lowest responsive and responsible bidder. · Prepare a conformed set of contract documents including the issued Addenda. Scope Item Assumptions: · The City will provide the budget for the project. · The City will provide the City’s updated standard and special provisions and forms for required bid documents. · The City will arrange for all documents and addenda to be distributed to prospective bidders. · The City will advertise the projects for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with assistance of ENGINEER) any addenda, and conduct bid opening. · The ENGINEER will prepare and supply bid tabulation forms. · The City will receive the ENGINEER’s recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. · The City will prepare, review, and provide copies of the contract for execution between the City and the Contractor. · This Scope of Services does not include time for the ENGINEER to assist the City in the event of bid protests Meetings: · One (1) two-hour Pre-bid Meeting · One (1) two-hour bid opening meeting · Two (2) two-hour meetings to discuss bids with the City Deliverables: · Bid Documents and Addenda · Agenda and meeting minutes for pre-bid conference · Bid Review Form and recommendation for contract award · Complete As-Bid Conformed Contract Documents including one (1) electronic copy of CAD files and word documents of the conformed plans and specifications on DVD. Five (5) sets DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 11 of 17 of bound 8 ½-inch by 11-inch specifications and five sets of half size conformed drawings (11-inch by 17-inch). Task 260 - Construction Phase Services The ENGINEER will assist the City during the construction phase, by providing the following engineering services: · Attend a pre-construction meeting with the City and the Contractor. · Attend monthly progress meetings to update on construction progress with City. · Review and approve submittals and maintain the submittal log. · Provide interpretations and clarifications of the contract documents based on the contractor’s requests for information (RFIs) and review required changes. Maintain RFI log. · Review contractor pricing for change order requests. · Manage and review the O&M Manual deliverables required by construction contracts and by equipment suppliers. · Review the Contractor’s requirement of providing electronic record drawings. · Make monthly visits to the site of the project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This effort is in addition to the project representative observation (from the City or other) and does not include continuous monitoring of the progress of construction. · Make final inspections with the City Staff and provide the City with a letter of substantial completion and letter of final completion for the project. · Review construction “red-line” drawings, prepare record drawings of the Project as constructed (from the “red-line” drawings, inspections and the contractor provided plans) and deliver to the City, a reproducible set and electronic file of the record drawings within two (2) months of final acceptance of the project. · The ENGINEER will maintain the punch-list of final construction items for each discipline Scope Item Assumptions: · Expected construction duration is 12 months, including startup and decommissioning. · City to arrange for a site inspector to continuously monitor the progress of construction · Total number of submittals is estimated at 100. Submittal review assumes 25% resubmittal · Number of RFIs is estimated at one per drawing. · The City will process applications/ estimates for payments to Contractor. · The City will conduct the substantial completion inspection and final completion inspection with the ENGINEER. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 12 of 17 Meetings: · One (1) two-hour pre-construction meeting · Twelve (12) monthly progress meetings · Twelve (12) one-hour site visits (can be conducted following monthly progress meetings) · One (1) four-hour punch list walkthrough site visit Deliverables: · RFIs · Change orders · Submittal reviews · Correspondence with manufacturer’s certified factory acceptance test reports · Record Drawings · Meeting agenda, sign-in sheet, and meeting minutes · Project progress reporting and invoicing Task 280 Start-up Services The ENGINEER shall monitor startup activities and participate during the startup phases of the project. Participation shall include the following: The ENGINEER will perform the following: · Coordinate with CONTRACTOR on the startup plan and make recommendations as necessary. · Develop Maintenance of Plant Operations (MOPO) document to sequence activities and minimize impact to plant operations · Review CONTRACTOR’s start-up checklist · Observe the start-up testing and equipment troubleshooting · Confirm system operation baseline performance meets the specified conditions. · Review and manage operations and maintenance manuals required under the construction contract and provided by equipment suppliers · Review CONTRACTOR’s training plan and instruction materials for compliance with the Contract Documents Scope Item Assumptions: · Contractor is responsible for preparing, testing, and cleaning equipment prior to start-up as detailed in the project specifications. · CONTRACTOR to maintain start-up checklist DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 13 of 17 · Two (2) start-up phases included in construction contract Meetings: · Six (6) eight-hour start-up days Deliverables: · Compiled Operations and Maintenance Manuals and Electronic O&M Process Manual · Start-up Checklist 3. Plant Uprating TCEQ Permitting Assistance Task 310 – PCWRP Re-Rate Permit Application, Analysis and Planning The ENGINEER will develop a re-rate plan for the City including compiling necessary permit application documents for a new Texas Pollution Discharge Elimination System (TPDES) permit with TCEQ. Permitting application and analysis support includes: · Meeting and coordinating with TCEQ. · Compiling and analyzing the last 3-years of PCWRP process data to provide to TCEQ. · Developing the process basis of design for TCEQ review and approval (includes influent load assessment, unit process loading, compliance comparison to TAC 30 Chapter 217, description of proposed improvements for increased capacity and identification of variances requiring approval). · ENGINEER will prepare application to amend the TPDES permits for PCWRP. Application forms will be completed and appropriate attachments to the application forms will be prepared. Copies of the draft application will be provided to City for review. Copies of the final application will be prepared for submittal to the TCEQ. In addition to permitting support the ENGINEER will develop an implementation plan for improvements required for the increased capacity at PCWRP including: · Outline of necessary improvements based on TCEQ approved basis of design. · Schedule for implementation including all steps (permitting, design and construction). · Evaluating delivery mechanism between traditional design bid build (DBB) and construction manager at risk (CMAR). Provide recommendation for delivery method. · Develop an American Association of Construction Engineering Class 4 Opinion of Probably Construction Cost for re-rate improvements. · Develop and maintain a risk register. · Develop and maintain a schedule recovery plan. Scope Item Assumptions: DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 14 of 17 · ENGINEER will review the information available from the previous permit application. ENGINEER will provide the City with a list of additional information needs and the appropriate format for presenting additional information. Additional information includes, but is not limited to, laboratory analytical data for effluent sampling, sludge analyses, and results of whole effluent toxicity testing. ENGINEER will coordinate with the City regarding laboratory testing for pollutants and provide a detailed list of effluent sampling requirements for the application. The City will be responsible for coordinating with a laboratory of its choice. Effluent sampling costs will be the responsibility of the City. · ENGINEER will complete the application forms, assemble the necessary worksheets, and prepare appropriate attachments. Application information includes, but is not limited to, description of the existing facility, listing of the major treatment units with dimensions of each unit, process flow diagram(s), facility site plan, location maps(s), and results of pollutant analyses of effluent. · ENGINEER will provide draft copies of all permit application documents for City review. Comments from the City will be appropriately incorporated into the application. ENGINEER will coordinate closely with the City to make sure the permit application will be complete at the time of submittal. A total of seven copies of the final application document will be prepared for the permit; two copies are for City’s files, one copy is for public display, and four copies will be submitted to the TCEQ. An application fee will be due to the TCEQ at the time the application is submitted. The application fee will be the responsibility of the City. Meetings: · Four (4) two-hour virtual meetings with TCEQ · Six (6) one-hour progress meetings with the City (monthly) Deliverables: · Meeting agenda and minutes for TCEQ coordination meetings · Draft and final permit application (copies outlined above) · Monthly copies of the risk register, schedule recovery plan, implementation schedule · Data analysis and basis of design document in Excel format · Implementation plan technical memorandum (schedule, OPCC, basis of design and summary of necessary improvements) Task 320 – Pecan Creek Water Quality Modeling TCEQ uses a water quality model to simulate the impacts of a wastewater discharge on the receiving water body. The model is used to identify permit limits for biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia protective of the receiving water quality standard for dissolved oxygen. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 15 of 17 Around the year 2000, TCEQ updated the modeling protocol and applied it during the City’s permit renewal. Using the updated modeling approach, TCEQ could not identify practical permit limits. In response, the City, in cooperation with TCEQ, developed a site-specific model to identify practical permit limits. TCEQ accepted the modeling approach and the limits developed in the early 2000s are still in effect in the current permit. A permit amendment will require updating the model, especially with regard to the increased permit flow. Updating this model is not straightforward since this model was calibrated based on field data and the increases considered during the model development did not predict results that adhered to TCEQ’s effluent set guidelines. In addition, the modeling platform used for the previous assessment is only used for renewals, and amendment applications require using a current model version. Importing or converting the old model files to the new format is not possible, a new model using the new platform will be required. TCEQ provided the ENGINEER with the existing model, associated files, and memos. The review of the old water quality model indicates that the receiving water may have assimilative capacity beyond 21 MGD, however, new data and the new modeling software may lead to a different conclusion. ENGINEER will perform the following tasks: · ENGINEER will use available data, including water quality data in the receiving water, and TCEQ accepted protocol, to develop a new water quality model to identify BOD, TSS, and ammonia permit limits needed to protect the water quality standard. · ENGINEER will adhere to TCEQ guidance, model calibration will be necessary, significant effort may be required for model calibration because of the complex dynamics in lake backwater conditions. · ENGINEER will notify the City if additional site-specific data collection is necessary, such as to update the bathymetry data in the model. ENGINEER will work with TCEQ water quality modeling staff during the modeling approach to ensure that the approach will be acceptable to the TCEQ. · The ENGINEER will develop a re-rate plan for the City including compiling necessary permit application documents for a new Texas Pollution Discharge Elimination System (TPDES) permit with TCEQ. Scope Item Assumptions: · This task does not include development of the model in a different platform. Task 340 Additional Water Quality Modeling may be used by the City, if switching to a different modeling platform is required by TCEQ. DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 16 of 17 · The fee for Water Quality Modeling is to be billed on a time and materials, not to exceed basis. Meetings: · Meetings for this task are covered in Task 310. Deliverables: · Water Quality Modeling files approved by TCEQ for the City’s records · Relevant correspondence with TCEQ for the City’s records Task 330 – Permit Application Submission and Approval Support ENGINEER will provide services related to technical and regulatory review of the draft TPDES permit prepared by the TCEQ, which includes the following: · ENGINEER will assist the City in response to TCEQ requests for additional information during the technical review of the permit application. ENGINEER also will assist the City in tracking the application through the permitting process. TCEQ may request minor changes to the application during the technical review process. ENGINEER will provide the City with necessary changes to ensure the public viewing copy is up to date. · ENGINEER will review the initial draft permit and assist the City with a written response, including requests for changes to the permit. ENGINEER will review TCEQ’s revised draft permit for consistency with any requested changes. ENGINEER may also communicate via telephone with TCEQ permitting staff during this process. For purposes of this scope, it is assumed that the revised draft of the permit will be acceptable to the City and further rounds of draft permit review will not be necessary. · A public notice of the TCEQ’s decision to amend the permit will be required by the TCEQ. Bilingual notification requirements may require additional publication in Spanish. ENGINEER will assist the City with publication of notices, including working with the appropriate newspapers to ensure notices are correct and published as required. ENGINEER will also obtain the required proof of publication and will submit necessary documentation to the TCEQ. The cost of publication, payable to the newspapers, will be the responsibility of the City. · ENGINEER will review the final issued permit to verify that the permit reflects the conditions that the City accepted during the draft permit process. ENGINEER will contact TCEQ to make necessary corrections, if necessary. Meetings: · No additional meetings are included in this task Deliverables: · Copies of permits as outlined above Task 340 – Additional Water Quality Modeling Allowance DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Revised February 8, 2021 Page 17 of 17 TCEQ may require an alternate modeling platform after receiving analysis results from the ENGINEER, as discussed in Task 320. This requires the ENGINEER to re-develop the model in an alternate platform. This task is an allowance to be authorized by the City upon receiving and approving a detailed scope and level of effort from the ENGINEER. This task is to be billed on a time and materials, not to exceed basis. Exclusions The following additional services are excluded from this scope but can be included through amendment, if necessary: · Prepare for and attend additional meetings to discuss the project, beyond that outlined above · Conduct field reconnaissance to collect data or information not provided by the City · Provide technical or procedural support if proposed permits are protested · All application or advertisement fees are the responsibility of the City · Review and comment on additional drafts of the permit beyond those outlined in the scope above DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 ID Task NameDuration Start Finish1Bid Package 1 - Anaerobic Digester Valves and Cover265 daysThu 4/1/21Wed 4/6/222Task 100 - Detailed Design8 wksThu 4/1/21Wed 5/26/213Task 140 - Bid Phase6 wksThu 5/27/21Wed 7/7/214Task 160 - Construction Phase Servces39 wksThu 7/8/21Wed 4/6/225Bid Package 2 - Solids Handling Improvements595 daysThu 4/1/21Wed 7/12/236Task 200 - Preliminary Design16 wksThu 4/1/21Wed 7/21/217Task 220 - Detailed Design39 wksThu 7/22/21Wed 4/20/228Task 230 - TCEQ and Local Permitting Coordination12 wksThu 2/24/22Wed 5/18/229Task 240 - Bidding Services12 wksThu 4/21/22Wed 7/13/2210Task 260 - Construction Phase Services52 wksThu 7/14/22Wed 7/12/2311Task 280 - Start-Up Services4 wksThu 6/15/23Wed 7/12/2312Plant Uprating TCEQ Permitting Assistance390 daysThu 4/1/21Wed 9/28/2213Task 310 -PCWRP Re-Rate Permit Application, Analysis and Planning26 wksThu 4/1/21Wed 9/29/2114Task 320 - Pecan Creek Water Quality Modeling26 wksThu 4/1/21Wed 9/29/2115Task 330 -Permit Application Submission and Approval Support52 wksThu 9/30/21Wed 9/28/22MAMJJASONDJFMAMJJASONDJFMAMJJAHalf 1, 2021Half 2, 2021Half 1, 2022Half 2, 2022Half 1, 2023Half 2, 2023Pecan Creek Solids Handling Project - RFQ - 7350City of DentonPage 1Exhibit A- Consultant’s Scope of Services Offer, Project Schedule and Rate SheetDocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of DentonPecan Creek WRP Solids Handling ImprovementsEngineering Service Fee Breakdown / Details2/8/2021PD PMProject DirectorProject ManagerPermitting Lead QC Lead Support CAD QC Lead Support CAD QC Lead Solids QCLiquids QC Solids Lead Liquids Lead Support Support CAD QC Lead CAD QC Lead Support CAD QC LeadTASKC. Dassanayke S. Hardy M. SionM. Santowasso J. LondonAssistant Eng M. Bautista F. Powell J. Ford G. Johnson CAD W. RussellC. Cox M. Bullard J. RohrbacherT. Paulmann B. MillerT. Hudson / N. HoogesteijnAssistant Eng. A. Freemon N. BartleyR. Van Dyke R. Chin G. Ratasky B. Bueltel N. Stewart S. Chavez D. Edwards C. KolesaLabor ODC Subconsultant Subtotal1. Bid Package 1 – Anaerobic Digester Valves and Cover236,444$ 2,200$ -$ 238,644$ 100. Detailed Design (Lump Sum)0 56 0 0 0 0 0 8 44 0 44 0 0 10 0 156 0 20 212 260 0 0 0 0 4 8 8 2 4836 114,067$ 700$ -$ 114,767$ Kick-Off Meeting24410 1,555$ 100$ -$ 1,655$ Digester Gas Piping Evaluation and Design82 20 20 40 404 8 8 2 4 156 20,836$ -$ -$ 20,836$ 90% Design328 40 404 8080 180464 63,609$ -$ -$ 63,609$ Construction Cost Estimating22 82436 4,936$ -$ -$ 4,936$ 90% Review Meeting44412 2,065$ 100$ -$ 2,165$ Bid Set 84 42 4060 40158 21,065$ 500$ -$ 21,565$ 140. Bid Phase (Lump Sum)0 9 0 0 0 0 0 6 0 8 0 0 0 0 30 0 0 24 28 0 0 0 0 0 0 0 0 0105 14,512$ 700$ -$ 15,212$ Bid Document Preparation28818 2,600$ -$ -$ 2,600$ Pre-bid Meeting224 809$ 100$ -$ 909$ Bid Opening Meeting145 852$ 100$ -$ 952$ Addenda24 488 834 4,574$ -$ -$ 4,574$ Conformed Set22 488 2044 5,677$ 500$ -$ 6,177$ 160. Construction Phase Services (Lump Sum)0 114 0 0 0 0 0 82 0 4 0 0 0 0 209 0 0 190 88 0 0 0 0 2 6 0 0 6701 107,865$ 800$ -$ 108,665$ Pre-Construction Conference44412 2,065$ 100$ -$ 2,165$ Monthly Construction Meetings (9 months)181836 7,278$ -$ -$ 7,278$ Periodic Site Visits168161050 8,905$ 200$ -$ 9,105$ Monthly Pay Request Review4913 2,363$ -$ 2,363$ Submittal Review 4040821082 44 280 42,541$ -$ 42,541$ RFI Responses24244040 822 140 22,015$ -$ 22,015$ Field and Change Orders4202044 6,391$ -$ 6,391$ Project Closeout/Punch List Development288826 3,916$ -$ 3,916$ Record Drawings22 41220 60100 12,389$ 500$ -$ 12,889$ 2. Bid Package 2 – Solids Handling Improvements1,405,164$ 13,100$ 25,000$ 1,443,264$ 200. Preliminary Design (Lump Sum)23 46 4 22 52 84 7 70 18 4 18 36 26 22 140 50 180 208 136 3 10 12 6 46 60 800 521415 204,271$ 3,100$ 25,000$ 232,371$ Site Visit8 88816 8 81276 15,063$ 2,600$ -$ 17,663$ Preliminary Design Engineering-$ Update Previously Performed Preliminary Design (Items 1-4, 9-11) 2 28 24 8 212 4 8 8 16 2 44 4 20 12 140 18,192$ -$ -$ 18,192$ Primary Sludge Screening Facility (Item 5) 1212 820 40 60 60 404 8 8 4 276 39,565$ -$ -$ 39,565$ Digester Concrete Containment Bern (Item 6)2 8 24 24 8 268 7,640$ -$ -$ 7,640$ Storage Building (Item 7) 4 1 4 8 16 8 21 2 8 2 4 868 8,936$ -$ -$ 8,936$ Fencing (Item 8)1 2 4 1623 2,284$ -$ -$ 2,284$ South RAS MCC (Item 12)4 20 40 2 66 7,756$ -$ -$ 7,756$ Aeration Basin Diffusers (Item 13)16 8 24 3280 12,022$ -$ -$ 12,022$ Aeration Basin Valve Replacement (Item 14)8 24 162 50 6,614$ -$ -$ 6,614$ Belt Filter Press Rehab (Item 18)16 8 1640 5,298$ -$ -$ 5,298$ Blend Tank Odor Control (Item 19) 14 8 42 19 2,679$ -$ -$ 2,679$ Progress Meetings4 44 4 4 4 4 4 44 4 4 4 4 4 4 4 4 4 4 80 12,206$ -$ -$ 12,206$ PDR Draft Report2 42 84 24 4 4 16 8 40 60 84 8 1618 230 33,635$ 200$ -$ 33,835$ PDR Final Report2 41 22 4 2 2 4 2 24 24 42 44 87 13,285$ 200$ -$ 13,485$ Kick-Off and PDR Review Meeting 4 64 4 4 44 420 8 204 44 94 16,078$ 100$ -$ 16,178$ Survey/Geotech Allowance28818 3,020$ 25,000$ 3,020$ 220. Detailed Design (Lump Sum)14 20 30 62 116 120 20 210 40 165 36 204 26 26 356 60 468 468 1490 11 24 52 88 324 676 760 40 2906196 821,091$ 4,700$ -$ 825,791$ 60% Delivery2 4 12 20 40 50 8 75 16 65 8 80 10 10 130 16 180 180 600 4 8 20 24 100 200 240 8 120 2230 291,419$ 1,500$ -$ 292,919$ 90% Delivery2 4 12 20 40 50 8 75 16 65 8 80 10 10 130 16 180 180 600 4 8 20 40 160 360 420 8 100 2626 342,249$ 1,500$ -$ 343,749$ Bid Ready Set Delivery2 4 6 10 20 20 4 40 8 35 4 20 6 6 60 8 80 80 290 3 8 12 16 40 80 100 8 30 1000 132,500$ 1,500$ -$ 134,000$ Meetings (4)8 88 888 812 12 12 1216 168 144 24,510$ 200$ -$ 24,710$ Construction Cost Estimating @ each Milestone4 8128 1624 8 16 168 8 20 16 32196 30,414$ -$ -$ 30,414$ 230. TCEQ and Local Permitting Coordination (Lump Sum)2 12 0 8 8 0 0 8 0 0 2 8 0 0 12 20 60 8 40 0 4 4 0 4 4 4 0 02724 31,052$ 100$ -$ 31,152$ TCEQ Permitting2 48 20 20 8 2082 12,995$ -$ -$ 12,995$ City of Denton Building Permit88 882 84 40 20 4 4 4 4 4126 18,057$ 100$ -$ 18,157$ 240. Bid Phase (Lump Sum)0 0 0 6 8 12 0 14 24 44 2 8 0 0 32 26 16 16 32 0 4 8 0 4 24 32 2 8322 42,065$ 700$ -$ 42,765$ Bid Document Preparation2 8 128 2 8 848 5,931$ -$ -$ 5,931$ Pre-bid Meeting4 48 1,460$ 100$ -$ 1,560$ InstrumentationTotal HoursFeeElectricalCivilStructural ArchitecturalMechanicalHVAC/Fire ProtectionPage 1 of 2DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 City of DentonPecan Creek WRP Solids Handling ImprovementsEngineering Service Fee Breakdown / Details2/8/2021PD PMProject DirectorProject ManagerPermitting Lead QC Lead Support CAD QC Lead Support CAD QC Lead Solids QCLiquids QC Solids Lead Liquids Lead Support Support CAD QC Lead CAD QC Lead Support CAD QC LeadTASKC. Dassanayke S. Hardy M. SionM. Santowasso J. LondonAssistant Eng M. Bautista F. Powell J. Ford G. Johnson CAD W. RussellC. Cox M. Bullard J. RohrbacherT. Paulmann B. MillerT. Hudson / N. HoogesteijnAssistant Eng. A. Freemon N. BartleyR. Van Dyke R. Chin G. Ratasky B. Bueltel N. Stewart S. Chavez D. Edwards C. KolesaLabor ODC Subconsultant SubtotalInstrumentationTotal HoursFeeElectricalCivilStructural ArchitecturalMechanicalHVAC/Fire ProtectionBid Opening Meeting4 48 1,460$ 100$ -$ 1,560$ Addenda2 8 8 4 16 16 2 416 16 8 8 16 2 4 4 16 16166 21,710$ -$ -$ 21,710$ Conformed Set4 4 8 16 416 2 48 16 2 8 92 11,505$ 500$ -$ 12,005$ 0 -$ -$ -$ 260. Construction Phase Services (Lump Sum)13 135 0 36 72 16 0 76 128 20 10 44 0 0 206 120 184 94 88 0 34 10 0 136 25640 38 1161872 283,799$ 4,500$ -$ 288,299$ Pre-Construction Conference4 4444 4 4 444 40 7,567$ -$ -$ 7,567$ Monthly Construction Meetings (18 months) 9 1881636 24111 22,540$ 900$ -$ 23,440$ Additional Site Visits18836 8824102 18,441$ 3,100$ -$ 21,541$ Monthly Pay Request Review93645 7,668$ -$ 7,668$ Submittal Review 4016 4832 86 4 2030 80 90 902060 160 12 60 848 124,955$ -$ 124,955$ RFI Responses248 2412 32 2 824 60 24 420 40 16 32 330 48,136$ -$ 48,136$ Field and Change Orders164 10 2 416 30 24 2 2 20 40 8 8 186 27,718$ -$ 27,718$ Project Closeout/Punch List Development412 41 4 25 4,451$ -$ 4,451$ Record Drawings21620 2 1212408 8 16 40 1 8185 22,323$ 500$ -$ 22,823$ 280. Start Up and Commissioning (Lump Sum)0 20 0 0 0 0 0 0 0 0 0 0 0 0 60 8 20 0 0 0 0 0 0 4 8 0 0 20140 22,885$ -$ -$ 22,885$ Start-Up Services2060 8 204 820 140 22,885$ -$ 22,885$ 3. PCWRP Re-Rate Permitting Assistance115,593$ -$ 195,800$ 311,393$ 310. Permit Application, Analysis and Planning (Lump Sum)0 24 80 0 0 0 0 0 0 0 0 0 0 0 88 0 120 240 0 0 0 0 0 0 0 0 0 0 0552 97,754$ -$ 25,300$ 123,054$ Meetings with TCEQ4 124 4 1236 6,561$ -$ -$ 6,561$ Data Analysis2 6 1220 3,271$ -$ -$ 3,271$ TCEQ Coordination404 8 2476 13,102$ -$ -$ 13,102$ Process Basis of Design Documentation4 424 40 80152 26,094$ -$ -$ 26,094$ CMAR Assessment224 6 1648 9,494$ -$ -$ 9,494$ Implementation Plan/Schedule 412 20 4076 13,186$ -$ -$ 13,186$ Schedule Recovery Plan44 16 2448 8,424$ -$ -$ 8,424$ Risk Register48 16 3260 10,374$ -$ -$ 10,374$ Permit Application Development2 246 436 7,249$ -$ 25,300$ 32,549$ 320. Pecan Creek Water Quality Modeling (Time and Materials, Not-to-Exceed)0 2 0 0 0 0 0 0 0 0 0 0 0 0 24 0 8 0 0 0 0 0 0 0 0 0 0 0 034 7,922$ -$ 82,500$ 90,422$ Water Quality Model Development and TCEQ Approval 224 834 7,922$ -$ 82,500$ 90,422$ 330. Permit Application Approval Support (Lump Sum)0 2 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 010 1,995$ -$ 5,500$ 7,495$ Permit Application Processing Support2 810 1,995$ -$ 5,500$ 7,495$ 340. Water Quality Modeling Allowance(Time and Materials, Not-to-Exceed)0 2 0 0 0 0 0 0 0 0 0 0 0 0 24 0 8 0 0 0 0 0 0 0 0 0 0 0 034 7,922$ -$ 82,500$ 90,422$ Additional Model Support, if necessary224 834 7,922$ -$ 82,500$ 90,422$ Fee Subtotal 1,757,202$ 15,300$ 220,800$ 1,993,302$ Page 2 of 2DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 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 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 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AA0B04 Hazen and Sawyer, P.C. CIQ 3/10/2021 Certificate Of Completion Envelope Id: 124F613473BC4C9F9631225367AA0B04 Status: Completed Subject: Please DocuSign: City Council Contract 7350 Solids Handling Source Envelope: Document Pages: 40 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Gabby Leeper AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Gabby.Leeper@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 3/5/2021 10:06:28 AM Holder: Gabby Leeper Gabby.Leeper@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Gabby Leeper gabby.leeper@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 3/5/2021 10:10:07 AM Viewed: 3/5/2021 10:10:25 AM Signed: 3/5/2021 10:11:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/5/2021 10:11:40 AM Viewed: 3/5/2021 10:43:57 AM Signed: 3/5/2021 10:44:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.185.202.16 Sent: 3/5/2021 10:44:24 AM Viewed: 3/5/2021 11:33:00 AM Signed: 3/5/2021 11:37:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chamindra Dassanayake CDassanayake@hazenandsawyer.com Vice President Hazen and Sawyer Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.187.1.65 Sent: 3/5/2021 11:37:04 AM Viewed: 3/10/2021 10:16:07 AM Signed: 3/10/2021 10:17:05 AM Electronic Record and Signature Disclosure: Accepted: 3/10/2021 10:16:07 AM ID: adcf042a-5216-44b5-8bd1-753eba40d1c3 Signer Events Signature Timestamp Terry Naulty Terrance.Naulty@cityofdenton.com Asst. GM Denton Municipal Electric City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/10/2021 10:17:08 AM Viewed: 3/10/2021 1:25:24 PM Signed: 3/10/2021 1:26:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 3/10/2021 1:26:15 PM Viewed: 3/24/2021 7:54:44 AM Signed: 3/24/2021 7:55:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley Sara.Hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/24/2021 7:55:50 AM Viewed: 3/24/2021 8:03:47 AM Signed: 3/24/2021 8:03:57 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 3/24/2021 8:04:00 AM Viewed: 3/24/2021 12:23:21 PM Signed: 3/24/2021 12:23:41 PM Electronic Record and Signature Disclosure: Accepted: 3/24/2021 12:23:21 PM ID: 30af1bc0-63e8-4288-a63f-7c74c3bf7fe9 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 3/5/2021 10:11:40 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 3/10/2021 1:26:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 3/10/2021 1:26:14 PM Viewed: 3/10/2021 1:26:43 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolaina Parker Zolaina.Parker@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 3/24/2021 12:23:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cathy Welborn Cathy.Welborn@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 3/24/2021 12:23:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh Pritam.Deshmukh@cityofdenton.com Deputy City Engineer Security Level: Email, Account Authentication (None) Sent: 3/24/2021 12:23:46 PM Electronic Record and Signature Disclosure: Accepted: 3/23/2021 2:46:34 PM ID: 4d925862-c5b6-409b-8820-7449824e58d2 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/5/2021 10:10:07 AM Certified Delivered Security Checked 3/24/2021 12:23:21 PM Signing Complete Security Checked 3/24/2021 12:23:41 PM Completed Security Checked 3/24/2021 12:23:46 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Chamindra Dassanayake, Rosa Rios, Pritam Deshmukh 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.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you.