7574-027 Executed Contract
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
Not Applicable
PSA
PCWRP EXPANSION TO 26MGD
Crystal Westbrook
7574-027
NA
6/6/23
23-1007
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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 KIMLEY-HORN AND ASSOCIATES, INC., with its corporate office at 421
Fayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: PCWRP Expansion To 26MGD
(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 $14,952,000 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:
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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
care of a competent engineer.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 3 of 18
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
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 18
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
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 18
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.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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
compensation and employers liability insurance and, if necessary,
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 18
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.
f. Insurers for all policies must be authorized to do business in the State of
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 18
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
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.
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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
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 18
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
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.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 11 of 18
(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.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
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City of Denton, Texas
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(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.
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 13 of 18
(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
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
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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
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
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 18
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 2271 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
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible 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. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
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 energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 18
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 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 have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. 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 Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Agreement Documents
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 18
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:
Attachment A - Scope of Services, Compensation, Project Schedule, Location Map
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.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
KIMLEY-HORN AND ASSOCIATES,
INC.
Scott Arnold
Vice President
Date:____________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
2023-1017512
5/8/2023
6/6/23
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 18
ATTEST:
JESUS SALAZAR, INTERIM CITY
SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
Director,
Water Utilities
5/8/2023
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 1 of 19
ATTACHMENT "A"
Scope for Engineering Design Related Services for:
PECAN CREEK WATER RECLAMATION PLANT
EXPANSION TO 26 MGD INCLUDING SOLIDS HANDLING AND
DISINFECTION SYSTEM IMPROVEMENTS
The ENGINEER will perform its services pursuant to the requirements delineated below.
Services under this attachment include engineering services for the design and bidding for the
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD INCLUDING
SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS project.
Project Understanding
The CITY needs to expand the existing Pecan Creek Water Reclamation Plant (PCWRP) to 26
MGD. Currently, PCWRP is designed and permitted to discharge 21 MGD. An updated discharge
permit submitted to the Texas Commission on Environmental Quality (TCEQ) includes two
additional phases of 26 MGD and 30 MGD, respectfully. The CITY anticipates receiving an
approved TCEQ discharge permit in early 2023.
The expansion of PCWRP will include a new 5 MGD treatment train that will utilize membrane
bioreactor (MBR) technology, new 26 MGD solids handling facilities and ultraviolet disinfection
(UV) facilities.
The project will include the necessary piping and electrical/SCADA improvements to have the
new facilities work with the existing facilities to treat 26 MGD.
ENGINEER will provide professional services for the following tasks:
• Task 1 – Design Management
• Task 2 – Preliminary Design
• Task 3 –Geotechnical Services
• Task 4 – Final Design
• Task 5 – Construction Contract Documents
• Task 6 – Bidding Phase Services
• Task 7 – Construction Phase Services
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 2 of 19
Task 1 – DESIGN MANAGEMENT
A. Project Management
1. Develop project communication plan.
a. Develop project contact list.
b. Prepare and e-mail progress reports to the project team once a month to be
included with invoices. 24 months are assumed.
c. Prepare project schedule and provide schedule updates if the schedule changes.
2. Meetings
a. Prepare for and attend one (1) project kickoff meeting.
b. Prepare for and attend up to twenty-four (24) project status meetings with the
CITY.
c. Prepare meeting notes and distribute to the CITY.
3. Sub-consultant Agreement Preparation
a. Prepare and execute up to five (5) subconsultant agreements.
Task 2 – PRELIMINARY DESIGN
A. Equipment Selection Process
The ENGINEER will prepare for and conduct the pre-design equipment selection
process. This process includes the following items:
1. Prepare the equipment selection criteria based on CITY input for the following items:
a. Membrane Bioreactor (MBR) Equipment
b. Peak Wet Weather Treatment Equipment
c. Aeration Equipment
d. UV Disinfection Equipment
e. Solids Thickening Equipment
f. Solids Dewatering Equipment
2. Prepare for and conduct up to ten (10) equipment provider interviews with CITY.
The ENGINEER will schedule the in-person interviews in coordination with the
CITY on time and location. Each interview will be at least one hour in length.
3. Prepare for and arrange up to five (5) site visits to existing water reclamation plant
with CITY to observe similar processes and equipment that may be considered for
installation on this project. The ENGINEER anticipates each site visit being one day
in length.
a. Expenses for travel will include travel expense for up to four (4) CITY staff
4. Participate on equipment selection committee with CITY
5. Document the equipment selection process and prepare a technical memorandum
summarizing the selected and equipment.
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 3 of 19
6. Once the equipment above has been selected and approved by the CITY, preliminary
technical specifications will be prepared for all the equipment that will be used on
this project and preliminary design will be based around specific equipment
selections.
Meetings:
a. Prepare for and conduct equipment provider interviews
b. Facilitate and attend site visits to existing water reclamation plant
Deliverables:
a. Two (2) copies of Equipment Selection Technical Memorandum and .pdf
electronic copy
b. Two (2) copies of the preliminary technical specifications and .pdf electronic
copy
Services/Deliverables provided by the CITY:
a. Participate in pre-design equipment selection process
b. Attend water reclamation plant site visits
B. Prepare Preliminary Engineering Report (PER) for Expansion to 26 MGD
The ENGINEER shall prepare a Preliminary Engineering Report. The ENGINEER shall
perform the following tasks:
1. Design and size each treatment unit. Calculations, analyses, graphs, formulas,
constants, and technical assumptions will be provided to support the design and
sizing of each unit.
2. Develop a process flow diagram for the treatment facility.
3. Develop hydraulic model to determine the elevations of the treatment units and
determine the sizing of interconnected piping.
4. Prepare the Preliminary Engineering Report Document including:
a. Types of units proposed and their capacities
b. Detention times, surface loadings and weir loadings for each unit
c. Plot of the hydraulic gradient at peak flow conditions
d. The recommended operation mode
e. Organic and volumetric loadings pertinent to each treatment unit
f. Preliminary site plan
g. Site access and security
h. Flood protection
i. Emergency power
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 4 of 19
Meetings:
a. Prepare for and conduct one (1) Preliminary Engineering Report review meeting
Deliverables:
a. Five (5) copies of the Draft and Final Engineering Report and .pdf electronic
copy of each
Services/Deliverables provided by the CITY:
a. Participate in the Preliminary Engineering Report review meeting
b. Review and provide comments on the Final Engineering Report
C. Preliminary Design
1. Prepare engineering plan sheets and technical specifications in accordance with the
preliminary engineering report.
2. The 30 % plans will include:
a. Civil sheets:
i. General notes
ii. Overall site plan
iii. Yard piping plan
iv. Paving plan
b. Mechanical sheets:
i. General notes
ii. MBR treatment equipment layouts
iii. Peak wet weather treatment equipment layouts
iv. Aeration equipment layouts
v. Permeate pumping equipment layouts
vi. UV Disinfection equipment layouts
vii. Solids Thickening equipment layouts
viii. Solids Stabilization equipment layout
ix. Solids Dewatering equipment layout
c. Structural sheets:
i. General notes
ii. Site plans
iii. Foundation plans
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 5 of 19
d. Electrical sheets:
i. Site plan
ii. Electrical plan
iii. Grounding plan
iv. One-line diagrams
v. Conduit and wiring plan
vi. Lighting plan
vii. SCADA/instrumentation layout
3. Prepare 30% quantity take-off for proposed improvements and engineer’s opinion of
probable construction cost (OPCC).
4. Prepare a cost-benefit analysis for further processing solids with drying technologies.
Meetings:
a. Prepare for and conduct one (1) Preliminary Design review meeting
Deliverables:
a. Five (5) copies of 30% 11”x17” plans and .pdf electronic copy
b. Five (5) copies of 30% OPCC and .pdf electronic copy
Services/Deliverables provided by the CITY:
a. Review and comment on the 30% plans, preliminary specifications and OPCC
b. Participate in 30% design review meeting
Task 3 –GEOTECHNICAL SERVICES
A. Geotechnical Engineering
1. Perform a geotechnical analysis of the site utilizing a qualified geotechnical
laboratory to determine subsurface conditions and make recommendations regarding
design parameters. The analysis shall include the following:
a. Subsurface exploration including up to ten (10) sample bore drilled to between
35 and 40 feet depending upon depth to un-weathered shale or limestone.
b. Laboratory tests for classification purposes and strength characteristics.
c. Engineering services that address the following:
i. Soil and groundwater conditions
ii. Comments on general excavatability of soils and shale encountered
iii. Recommendations for foundations, transformer and generator pads, and vault
foundation types, depth, allowable loading and backfill requirements
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 6 of 19
iv. Foundation construction requirements
v. Recommended lateral pressures for the design of below grade walls
vi. Evaluation of the subgrade soils
vii. Recommendations for yard piping installation, including bedding and backfill
viii. Recommendations for earthwork.
2. A geotechnical report will be furnished by the geotechnical engineer to present the
results of the field and laboratory data as well as analyses and recommendations. The
data contained in the geotechnical report will be made available to contractors during
the bidding process for informational purposes.
Meetings:
a. N/A
Deliverables:
a. Two (2) copies of geotechnical report
Services/Deliverables provided by the CITY:
a. Site access
Task 4 –FINAL DESIGN
A. 60% Design
1. Prepare 60% engineering plan sheets and specifications in accordance with the
preliminary engineering report.
2. The plans will include:
a. Civil sheets:
i. General notes
ii. Overall site plan
iii. Yard piping plan and profiles
iv. Paving plan and profile
v. Grading plan
vi. Details
b. Mechanical sheets:
i. General notes
ii. Membrane treatment equipment layouts and sections
iii. Peak wet weather treatment equipment layouts and sections
iv. Aeration equipment layouts and sections
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 7 of 19
v. Permeate pumping equipment layouts and sections
vi. Disinfection equipment layouts and sections
vii. Solids Thickening equipment layouts and sections
viii. Solids Stabilization equipment layouts and sections
ix. Solids Dewatering equipment layouts and sections
c. Structural sheets:
i. General notes
ii. Site plans
iii. Foundation plans
iv. Excavation plan
v. Sections
d. Electrical sheets:
i. Site plan
ii. Electrical plan
iii. Grounding plan
iv. One-line diagrams
v. Conduit and wiring plan
vi. Lighting plan
vii. SCADA/instrumentation layout
3. Specifications shall include CITY Standard and non-standard technical
specifications for materials and installation of the proposed facilities.
Meetings:
a. Prepare for and conduct a 60% design review workshop
Deliverables:
a. Five (5) copies of 60% 11”x17” plans, specification, and construction documents
and .pdf electronic copy
b. Five (5) copies of 60% OPCC and electronic copy
Services/Deliverables provided by the CITY:
a. Review and comment on the 60% plans, specifications, and OPCC
b. Participate in the 60% design review workshop
B. 90% Design
1. Prepare 90% engineering plan sheets and specifications in accordance with the
preliminary engineering report.
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 8 of 19
2. The plans will include:
a. Civil sheets:
i. General notes
ii. Overall site plan
iii. Yard piping plan and profiles
iv. Paving plan and profile
v. Grading plan
vi. Details
b. Mechanical sheets:
i. General notes
ii. Membrane treatment equipment layouts, sections, and details
iii. Peak wet weather treatment equipment layouts, sections and
details
iv. Aeration equipment layouts, sections, and details
v. Permeate pumping equipment layouts, sections, and details
vi. Disinfection equipment layouts, sections, and details
vii. Solids Thickening equipment layouts, sections, and details
viii. Solids Stabilization equipment layout, sections, and details
ix. Solids Dewatering equipment layout, sections, and details
c. Structural sheets:
i. General notes
ii. Site plans
iii. Foundation plans
iv. Excavation plan
v. Sections
vi. Details
d. Electrical sheets:
i. Site plan
ii. Electrical plans
iii. Grounding plans
iv. One-line diagrams
v. Conduit and wiring plans
vi. Lighting plans and details
vii. SCADA/instrumentation layout
viii. Details
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 9 of 19
3. Specifications shall include CITY Standard and non-standard technical
specifications for materials and installation of the proposed facilities.
Meetings:
a. Prepare for and conduct a 90% design review workshop
Deliverables:
a. Five (5) copies of 90% 11”x17” plans, specification, and construction documents
and .pdf electronic copy
b. Five (5) copies of 90% OPCC and electronic copy
Services/Deliverables provided by the CITY:
a. Review and comment on the 90% plans, specifications, and OPCC
b. Participate in the 90% design review workshop
C. Final Engineering Report and Summary Transmittal Letter
The ENGINEER shall prepare a Final Engineering Report based on the comments
received on the Preliminary Engineering Report and design changes determined during
Final Design. The ENGINEER will prepare and submit a Summary Transmittal Letter to
the TCEQ. The Final Engineering Report will include:
a. Types of units proposed and their capacities
b. Detention times, surface loadings and weir loadings for each unit
c. Plot of the hydraulic gradient at peak flow conditions
d. The recommended operation mode
e. Organic and volumetric loadings pertinent to each treatment unit
f. Final site plan
g. Site access and security
h. Flood protection
i. Emergency power
j. Variance requests (if any)
Meetings:
a. N/A
Deliverables:
a. Submit five (5) copies and one electronic .pdf copy of the Final Engineering
Report
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 10 of 19
Services/Deliverables provided by the CITY:
a. Review and approve the report for submittal to TCEQ
Task 5 – CONSTRUCTION CONTRACT DOCUMENTS
A. Bidding Construction Contract Documents
1. Incorporate CITY comments from final design submittal and prepare
construction contract documents, bid plans, and opinion of probable construction
cost.
2. Construction contract documents will consist of the final plans and project
manual, both signed and sealed by a licensed professional engineer in the State of
Texas and in accordance with comments provided by the CITY during final
design.
Meetings:
a. Prepare for and conduct a construction contract document review workshop
Deliverables:
a. Construction Contract Documents Submittal
b. Submit two (2) copies and electronic (.pdf) documents to the CITY for bidding.
c. Submittal shall include the following:
a. Bid drawings
b. Bid project manual
c. Opinion of probable construction cost
Services/Deliverables provided by the CITY:
a. Review and approve the construction contract documents for bidding.
Task 6 – BID PHASE SERVICES
A. Bid Phase Services
1. Provide electronic bid documents to the CITY purchasing department for bidding.
2. Provide the Notice to Bidders to the CITY for publication. The CITY will be
responsible for publication of the notice. The CITY will be responsible for
distribution of the bidding documents to prospective contractors, suppliers, and plan
rooms.
3. The following assistance will be provided to the CITY during the bidding phase:
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 11 of 19
a. Preparation of addenda and delivery to CITY for distribution to plans holders.
b. Responses to questions submitted by plans holders.
c. Attend bid opening facilitated by CITY.
d. Preparation of bid tabulation.
e. Preparation of recommendation of award letter.
4. Conformance plans and specifications
a. Based on potential questions and addenda from the bidding phase, prepare
conformance set of plans and specifications to be used during construction.
i. Provide up to four (4) sets to CITY for execution.
Task 7 – CONSTRUCTION PHASE SERVICES
A. Construction Phase Services
1. Prepare for and conduct one (1) public meeting with CITY staff and Contractor.
2. Pre-Construction Conference
a. Prepare for and attend a pre-construction conference prior to
commencement of Work at the Site
3. Site Visits
a. Prepare for and conduct up to twenty-four (24) monthly construction
progress meetings with the CITY and contractor on site. Meetings will
also be considered site visits.
b. Site Visits are not intended to be exhaustive or to extend to every aspect
of Contractor’s work in progress. Observations are to be limited to spot
checking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER’s exercise of professional
judgement.
c. Based on information obtained during site visits, ENGINEER will
determine if Contractor’s work is generally proceeding in accordance
with the Contract Documents, and ENGINEER will keep CITY informed
of the general progress of the work.
4. Resident Project Representative. ENGINEER’S role as Resident Project
Representative will include furnishing a Resident Project Representative ("RPR")
to assist ENGINEER in observing progress and quality of the work.
a. The duties and responsibilities of the RPR are limited to those of
ENGINEER in the Agreement with the CITY and in the Contract
Documents, and are further limited and described as follows:
i. General
a) RPR is the ENGINEER’S agent at the Site, will act as
directed by and under the supervision of the
ENGINEER, and will confer with the ENGINEER
regarding RPR's actions
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 12 of 19
b) RPR's dealings in matters pertaining to a Contractor's
work in progress shall in general be with the
ENGINEER and Contractor, keeping CITY advised as
necessary
c) RPR's dealings with subcontractors shall only be
through or with the full knowledge and approval of
Contractor
d) RPR shall generally communicate with CITY with the
knowledge of and under the direction of the ENGINEER
ii. Schedules
a) Review the progress schedule, schedule of Shop
Drawing and submittals, and any other schedules
prepared by Contractor and consult with ENGINEER
concerning acceptability
iii. Conferences and Meetings
a) Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job
conferences and other project-related meetings, and
prepare and circulate copies of minutes thereof
iv. Liaison
a) Serve as ENGINEER’s liaison with Contractor, working
principally through Contractor's superintendent, and
assist in providing information regarding the intent of
the Contract Documents
b) Assist ENGINEER in serving as CITY 's liaison with
Contractor when Contractor's operations affect CITY 's
on-site operations
c) Assist in obtaining from CITY additional details or
information, when required for proper execution of the
Work
v. Interpretation of Contract Documents
a) Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed
and transmit to Contractor clarifications and
interpretations as issued by ENGINEER
vi. Shop Drawings and Submittals
a) Maintain Shop Drawing and Submittal Record log
b) Advise ENGINEER and Contractor of the
commencement of any portion of the Work requiring a
Shop Drawing or submittal for which RPR believes that
the submittal has not been approved by ENGINEER
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 13 of 19
vii. Modifications.
a) Consider and evaluate Contractor's suggestions for
modifications in Drawings or Specifications and report
such suggestions, together with RPR's recommendations,
to ENGINEER. Transmit to Contractor in writing
decisions as issued by ENGINEER
viii. Review of Work and Rejection of Defective Work
a) Conduct on-Site observations of Contractor's work in
progress to assist ENGINEER in determining if the
Work is in general proceeding in accordance with the
Contract Documents
b) Report to ENGINEER whenever RPR believes that any
part of Contractor's work in progress will not produce a
completed project that conforms generally to the
Contract Documents or will imperil the integrity of the
design concept of the completed Specific Project as a
functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required
to be made; and advise ENGINEER of that part of work
in progress that RPR believes should be corrected or
rejected or should be uncovered for observation, or
requires special testing, inspection or approval
ix. Inspections, Tests, and System Start-ups
a) Consult with ENGINEER in advance of scheduled
major inspections, tests, and systems start-ups of
important phases of the Work
b) Verify that tests, equipment, and systems start-ups and
operating and maintenance training are conducted in the
presence of appropriate CITY 's personnel, and that
Contractor maintains adequate records thereof
c) Observe, record, and report to ENGINEER appropriate
details relative to the test procedures and systems start-
ups
d) Accompany visiting inspectors representing public or
other agencies having jurisdiction over a Specific
Project, record the results of these inspections, and
report to ENGINEER
x. Records
a) Maintain at the Site orderly files for correspondence,
reports of job conferences, reproductions of original
Contract Documents including all Addenda, Change
Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract,
ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, Shop Drawing
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 14 of 19
and submittals received from and delivered to
Contractor, and other Specific Project-related documents
b) Prepare a daily report or keep a diary or logbook,
recording Contractor's hours on the Site, weather
conditions, data relative to questions of Change Orders,
Field Orders, or changed conditions, Site visitors, daily
activities, decisions, observations in general, and
specific observations in more detail as in the case of
observing test procedures; and send copies to
ENGINEER
c) Record names, addresses, fax numbers, e-mail
addresses, web site locations and telephone numbers of
all Contractors, subcontractors, and major suppliers of
materials and equipment
d) Maintain records for use in preparing project
documentation
e) Upon completion of the Work, furnish original set of all
RPR Specific Project documentation to ENGINEER
xi. Reports
a) Furnish to ENGINEER periodic reports, as required, of
progress of the Work and of Contractor's compliance
with the progress schedule and schedule of Shop
Drawing and submittals
b) Draft and recommend to ENGINEER proposed Change
Orders and Field Orders. Obtain backup material from
Contractor
c) Furnish to ENGINEER and CITY copies of all
inspection, test, and system startup reports
d) Immediately notify ENGINEER of the occurrence of
any Site accidents, emergencies, acts of God
endangering the Work, damage to property by fire or
other causes, or the discovery of any Constituent of
Concern
xii. Payment Request
a) Review Applications for Payment with Contractor for
compliance with the established procedure for their
submission and forward with recommendations to
ENGINEER, noting particularly the relationship of the
payment requested to the Work completed, and materials
delivered at the Site but not incorporated in the Work
b) Certificates, Operation and Maintenance Manuals
c) During the course of the Work, verify that materials and
equipment certificates, operation and maintenance
manuals and other data required by the Specifications to
be assembled and furnished by Contractor are applicable
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 15 of 19
to the items actually installed and in accordance with the
Contract Documents, and have these documents
delivered to ENGINEER for review and forwarding to
CITY prior to payment for that part of the Work
xiii. Completion
a) Participate in a final inspection in the company of
ENGINEER, CITY, and Contractor and prepare a final
list of items to be completed and deficiencies to be
remedied
b) Observe whether all items on the final list have been
completed or corrected and make recommendations to
ENGINEER concerning acceptance and issuance of the
Notice of Acceptability of the Work
xiv. Resident Project Representative shall not:
a) Authorize any deviation from the Contract Documents
or substitution of materials or equipment (including "or-
equal" items)
b) Exceed limitations of ENGINEER’s authority as set
forth in the Agreement or the Contract Documents
c) Undertake any of the responsibilities of a Contractor,
subcontractors, suppliers, or a Contractor's
superintendent
d) Advise on, issue directions relative to, or assume
control over any aspect of the means, methods,
techniques, sequences, or procedures of the Contractor’s
work unless such advice or directions are specifically
required by the Contract Documents
e) Advise on, issue directions regarding, or assume control
over safety practices, precautions and programs in
connection with the activities or operations of CITY or
Contractor
f) Participate in specialized field or laboratory tests or
inspections conducted off-site by others except as
specifically authorized by ENGINEER
g) Accept Shop Drawings or submittals from anyone other
than Contractor
h) Authorize CITY to occupy a Specific Project in whole
or in part
i) Through such observations of Contractor's work in
progress and field checks of materials and equipment by
the RPR, ENGINEER shall endeavor to provide CITY a
greater degree of confidence that the completed Work
will conform in general to the Contract Documents.
However, ENGINEER shall not, during such visits or as
a result of such observations of Contractor's work in
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 16 of 19
progress, supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority
over or responsibility for the means, methods,
techniques, equipment choice and usage, sequences,
schedules, or procedures of construction selected by
Contractor, for safety precautions and programs incident
to Contractor's work, nor for any failure of Contractor to
comply with laws and regulations applicable to
Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the
performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and
perform its work in accordance with the Contract
Documents.
5. Recommendations with Respect to Defective Work
a. Provide recommendations to CITY that Contractor’s work be
disapproved and rejected while it is in progress if, on the basis of site
visit evaluations, ENGINEER believes such work will not produce a
completed Project that conforms generally to Contract Documents or that
it will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
Notwithstanding the foregoing, the CITY reserves the right to disapprove
or reject Contractor’s work without a recommendation from the
ENGINEER.
6. Clarifications and Interpretations
a. Issue necessary clarifications and interpretations of the Contract
Documents to CITY as appropriate to the orderly completion of
Contractor’s work. Such clarifications and interpretations will be
consistent with the intent of the Contract Documents. Field orders
authorizing variations from the requirements of the Contract Documents
will be made by CITY.
7. Change Orders
a. Recommend change orders to CITY, as appropriate.
b. Review and make recommendations related to Change Orders submitted
or proposed by the Contractor.
8. Shop Drawings and Samples
a. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents. Such review and approvals or other action will not extend to
means, methods, techniques, equipment choice and usage, sequences,
schedules, or procedures of construction or to related safety precautions
and programs. Assumes up to thirty (30) shop drawings.
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 17 of 19
9. Substitutes and “or-equal”
a. Evaluate and determine the acceptability of substitute or “or-equal”
materials and equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of applicable
standards of state or local government entities.
b. Provide recommendations to CITY
10. Inspections and Tests
a. Review certificates of inspections and tests within ENGINEER’s area of
responsibility for the purpose of determining that the results certified
indicate compliance with the Contract Documents and will not constitute
an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the
Contract Documents. ENGINER will be entitled to rely on the results of
such tests and facts being certified. The scope of services assumes the
pumps and motors will go through a non-witnessed factory test.
Attending testing will be considered additional services.
11. Disagreements between CITY and Contractor
a. As necessary, ENGINEER will, with reasonable promptness, render
initial written decision on all claims of CITY and Contractor relating to
the acceptability of Contractor’s work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of the
Contractor’s work. In rendering such decisions, ENGINEER will be fair
and not show partiality to CITY or Contractor and will not be liable in
connection with any decision rendered in good faith in such capacity.
The initial decision of the ENGINEER shall be required as a condition
precedent to mediation or litigation of any claim arising prior to the date
final payment is due to the Contractor, unless thirty (30) days have
passed after a claim has been referred to the ENGINEER with no
decision having been rendered.
12. Final Walkthrough and Punchlist Preparation
a. Attend final walkthrough with Contractor and CITY to determine if the
completed work of Contractor is generally in accordance with the
Contract Documents.
i. Limitation of Responsibilities: The ENGINEER will not be
responsible for the acts or omissions of any Contractor, or of
any of their subcontractors, suppliers, or of any other
individual entity performing or furnishing the work.
ENGINEER will not have the authority or responsibility to
stop the work of any Contractor.
b. Compile punch list from information gathered during final walkthrough
with CITY and Contractor.
13. Start-up Assistance: The ENGINEER will attend manufacturer’s start-up and
training for major equipment components and will assist the CITY with questions
during an initial six-week start-up of the facility. The ENGINEER will be
available for an additional eight weeks beyond the initial start-up completion to
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 18 of 19
conduct site visits and answer additional questions with regards to making
adjustments to operating protocols or process control changes.
Task 8 – RECORD DRAWINGS
A. Record Drawings
1. Obtain and review comments and field changes on the construction plans from
CITY and Contractor.
2. Prepare record drawings based on comments and field changes. The ENGINEER
will not be providing resident engineering services and will not be observing on a
full-time basis and will therefore not seal the record drawings. The record
drawings will be provided in the following format:
a. PDF electronic copy
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
ATTACHMENT A
DESIGN SERVICES FOR
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD
INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Attachment A
Page 19 of 19
ADDITIONAL SERVICES NOT INCLUDED
IN THE EXISTING SCOPE OF SERVICES
CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the
tasks above. However, ENGINEER can provide these services, if needed, upon the CITY’s written request.
Any additional amounts paid to ENGINEER as a result of any material change to the Scope of the Project
shall be agreed upon in writing by both parties before the services are performed. These additional services
include, but are not limited to the following:
• Design of solids drying or composting facilities
• Evaluation and design of improvements to existing North and South treatment trains
• Redesign to reflect project scope changes requested by the CITY, required to address changed
conditions, or change in direction previously approved by the CITY, mandated by changing
governmental laws, or necessitated by the CITY’s acceptance of substitutions proposed by the
contractor.
• Design or Survey of any offsite collection system improvements beyond the improvements
identified in the scope
• Preparation for and attendance at public meetings beyond those identified in the scope
• Furnish additional copies of review documents and/or bid documents in excess of the number of
the same identified above.
• Services related to disputes over bid protests, bid rejection, and re-bidding of the contract for
construction.
• Appearing before regulatory agencies or courts as an expert witness in any litigation with third
parties or condemnation proceedings arising from the development or construction of the Project,
including the preparation of engineering data and reports for assistance to the CITY.
• Accompanying the CITY when meeting with the TCEQ, U.S. Environmental Protection Agency,
or other regulatory agencies during the course of the Project, beyond those meetings identified
above. The ENGINEER will assist the CITY on an as-needed basis in preparing compliance
schedules, progress reports, and providing general technical support for the CITY’s compliance
efforts.
• Assisting CITY or Contractor in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this Agreement. Such services, if any, will be
furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in
addition to this Agreement.
• Providing professional services associated with the discovery of any hazardous waste or materials
in the project site.
• Performance of materials or specialty testing services.
• Services necessary due to default of the Contractor.
• Services related to damages caused by fire, flood, earthquake, or other acts of God.
• Services related to warranty claims, enforcement, and inspection after final completion.
• Services related to Survey Construction Staking.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as requested by the
CITY.
• “Va lue engineering’” after bidding
• Additional bid packages beyond the scope identified above
• SWPPP inspections / coordination
• Any services not listed in the Scope of Services
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
COMPENSATION FOR PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
City of Denton, Texas
Compensation for Engineering Design Related Services for:
PECAN CREEK WATER RECLAMATION PLANT EXPANSION TO 26 MGD INCLUDING SOLIDS HANDLING AND DISINFECTION SYSTEM IMPROVEMENTS
Total compensation for the ENGINEER contemplated under the terms of this agreement shall be a total not-to-exceed $14,952,000 for all services including reimbursable expenses. The CITY
shall compensate the ENGINEER as follows:
For Tasks 1-8 the total compensation shall be on a lump sum basis and not to exceed $14,952,000.
Progress payments for shall be paid monthly based on the actual work satisfactorily completed
per month in each phase, with the following amounts of the total compensation for each phase of
the Project: • Task 1 – Project Management $ 189,000
• Task 2 – Preliminary Design $3,684,000 • Task 3 –Geotechnical Services $ 80,000 • Task 4 – Final Design $6,898,000 • Task 5 – Construction Contract Documents $ 235,000
• Task 6 – Bid Phase Services $ 35,000 • Task 7 – Construction Phase Services
o CCA $2,906,000
o RPR $ 860,000 • Task 8 – Record Drawings $ 65,000
Grand Total $ 14,952,000
ENGINEER will not exceed the total maximum fee shown without authorization from the CITY.
Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right
to reallocate amounts among tasks as necessary.
All permitting, application, and similar project fees will be paid directly by the CITY.
Non-Labor Expenses: Non-labor expenses for reimbursable tasks shall be reimbursed as Direct
Expenses at invoice or internal office cost. 4.6% will be added to each invoice to cover certain
other internal office cost expenses as to these tasks, such as in-house duplicating, local mileage,
telephone calls, facsimiles, postage, and word processing.
Direct Expenses (non-labor) for reimbursable tasks include, but are not limited to, mileage,
travel and lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value added, business
transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as express
delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice
number and Kimley-Horn project number.
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
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) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after 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
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
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: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1ACCIQ FORM
KIMLEY-HORN AND ASSOCIATES, INC.
5/8/2023
X
n/a
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: 1CCDF23C-A2D3-4F78-BF7E-AD719E39F1AC
Certificate Of Completion
Envelope Id: 1CCDF23CA2D34F78BF7EAD719E39F1AC Status: Completed
Subject: Please DocuSign: City Council Contract 7574-027 PCWRP Expansion to 26MGD
Source Envelope:
Document Pages: 41 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/28/2023 3:48:34 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/28/2023 3:54:12 PM
Viewed: 4/28/2023 3:55:51 PM
Signed: 4/28/2023 3:56:56 PM
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: 4/28/2023 3:56:59 PM
Viewed: 5/1/2023 8:45:50 AM
Signed: 5/1/2023 8:46:30 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/1/2023 8:46:33 AM
Viewed: 5/5/2023 5:24:20 PM
Signed: 5/5/2023 5:28:50 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Arnold
scott.arnold@kimley-horn.com
Vice President
Kimley-Horn and Associates, Inc.
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 130.41.212.55
Sent: 5/5/2023 5:28:53 PM
Viewed: 5/8/2023 7:14:26 AM
Signed: 5/8/2023 2:01:41 PM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 10:55:11 AM
ID: a1f38400-e5cc-4b57-8548-4dd7e031355d
Signer Events Signature Timestamp
Stephen D. Gay
stephen.gay@cityofdenton.com
Director,
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/8/2023 2:01:44 PM
Viewed: 5/8/2023 2:42:52 PM
Signed: 5/8/2023 2:52:26 PM
Electronic Record and Signature Disclosure:
Accepted: 5/8/2023 2:42:52 PM
ID: edaed9fe-cc1a-4e36-b92c-77b0f3225fc9
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 5/8/2023 2:52:29 PM
Viewed: 6/7/2023 7:37:59 AM
Signed: 6/7/2023 7:38:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/7/2023 7:38:39 AM
Viewed: 6/7/2023 7:48:13 AM
Signed: 6/7/2023 7:48:23 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 6/7/2023 7:48:26 AM
Viewed: 6/7/2023 8:56:12 AM
Signed: 6/7/2023 8:59:36 AM
Electronic Record and Signature Disclosure:
Accepted: 6/7/2023 8:56:12 AM
ID: a8944ed8-6087-446b-b2f8-e042c5a503ec
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
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/28/2023 3:56:59 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2023 2:52:29 PM
Viewed: 5/8/2023 2:57:45 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 6/7/2023 8:59:39 AM
Viewed: 6/7/2023 9:06:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Brown
david.brown@cityofdenton.com
PM
Security Level: Email, Account Authentication
(None)
Sent: 6/7/2023 8:59:40 AM
Electronic Record and Signature Disclosure:
Accepted: 4/10/2019 2:54:36 PM
ID: 20238ddf-ccd6-4d52-988f-8c9f3436055e
Jewel Lanning
jewel.lanning@cityofdenton.com
Contract Control Specialist
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/7/2023 8:59:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/28/2023 3:54:12 PM
Certified Delivered Security Checked 6/7/2023 8:56:12 AM
Signing Complete Security Checked 6/7/2023 8:59:36 AM
Completed Security Checked 6/7/2023 8:59:42 AM
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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Arnold, Stephen D. Gay, Jesus Salazar, David Brown
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.