PSA Barrow Lift Station Flood Study-6298-Award/Ordinance/PricingCONTRACT #6298 DEH CONSULTING INC
PROFESSIONAL SERVICES AGREEMENT
FOR BARROW LIFT STATION FLOOD STUDY
(FILE 6298)
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into on ______________________, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at
215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER”
and DEH Consulting, LTD with its corporate office at 2513 Mosswood Dr, Carrollton TX 75010
hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services in the State of Texas. The
professional services set out herein are in connection with the following described project:
The Project shall include, without limitation,
PROJECT DESCRIPTION
Scope of Basic Services for this project generally includes preparation of detailed flood study within
Zone A to determine the limits of the existing fully-developed 100-year floodplain for a portion of
Pecan Creek-above SCS Dam #16 which is adjacent to Barrow Lift Station. Basic Services also
includes preparation of a floodplain summary report with results of flood study.
GENERAL
A. Basis for Scope of Services
Task I - Site Visit, Data collection (FEMA data/models, LiDAR data )
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DEH Consulting, LTD (DEH) will visit the site once to perform field reconnaissance to verify
drainage basin characteristics, stream conditions, existing vegetation, and drainage structures. In
addition, DEH shall gather available information from City staff, FEMA, and other pertinent
agencies pertaining to hydrologic and hydraulic modeling, record drawings, construction plan
documents, topographic and aerial data, and other documents pertaining to the Barrow Lift
Station area.
Task II - Hydrologic Model
Ultimate Watershed 100-year discharges for the Barrow Lift Station drainage basin will be
generated. Modeling of drainage basin for the subject tract will be limited to Ultimate
Watershed conditions model. No detention analysis will be performed. .
Task III - Hydraulic Model and Floodplain Mapping
Limits of the flood study are from 500 feet downstream of Westgate Drive to 1000 feet upstream
of Barrow lift Station. DEH will utilize surveying data from client or third party to model stream
cross sections where appropriate. 100-year water surface elevations will be generated for
Ultimate Watershed discharges and natural channel. Using the results of the model, the 100-year
floodplain boundary will be delineated for the tract. 100-year floodway model will not be
generated.
Task IV – Summary Report
DEH will complete a floodplain summary report to include the results of the computer models,
plotted cross sections, and all other relevant data. Written narrative of the computer modeling
techniques and results will also be included. No submittals will be made to FEMA for CLOMR
or LOMR
SCOPE TASK ESTIMATED
COSTS
SCHEDULE
MILESTONES
TASK 1- Site Visit Data
Collection $ 600.00 Dec. 9, 2016
TASK 11- Hydrologic Model $ 1,400.00 Dec. 20, 2016
TASK III- Hydraulic Model
and Floodplain Mapping $ 2,300.00 Jan. 10, 2017
TASK IV- Summary Report $ 900.00 Jan. 18, 2017
Estimated Direct Expenses at
invoice plus 10% $ 100.00
GRAND TOTAL $ 5,300.00
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SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
None Anticipated
ITEMS TO BE PROVIDED BY THE CITY OF DENTON
The City or the city’s designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and material upon request:
1. Available past studies, correspondence, material, and mapping relative to the project.
2. Aerial topographic data in electronic format, compatible with AutoCAD 2009.
3. Field survey of existing conditions, showing spot elevations, contours, and physical
features within the limits of the project.
4. Copies of construction plans, and plats for the developed property adjacent to the project.
5. Assistance in obtaining data from third party sources which is available to the City at no
cost to the ENGINEER.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. To perform all those services set forth in CONSULTANT’s Scope of Services (Exhibit
A) which has been provided including the date of said proposal), which proposal is
attached hereto and made a part hereof as Exhibit “B” as if written word for word herein.
B. CONSULTANT shall perform all those services set forth in individual task orders which
shall be attached to this Agreement and made a part hereof for all purposes as separate
agreements.
C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, are described as
follows:
A. During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER’s personnel when meeting with the Texas Natural
Resource Conservation Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER’s personnel on an as-
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needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER’s compliance efforts.
B. Assisting OWNER 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, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
C. Sampling, testing, or analysis beyond that specifically included in Basic Services.
D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for the OWNER’s use in a future CAD system.
E. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
F. 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 OWNER.
G. Providing geotechnical investigations for the site, including soil borings, related analyses,
and recommendations.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed / Purchase Order by the
OWNER, and shall remain in force for the period which may reasonably be required for the
completion of the Project, including Additional Services, if any, and any required extensions
approved by the OWNER. This Agreement may be sooner terminated in accordance with the
provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make
all reasonable efforts to complete the services set forth herein as expeditiously as possible and to
meet the schedule established by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
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B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit “B” which is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $5,300.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The
OWNER may withhold the final five percent (5%) of the contract amount until
completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit “C.” Payments for additional services shall
be due and payable upon submission by the CONSULTANT, and shall be in accordance
with subsection B hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be increased by
the rate of one percent (1%) per month from the said sixtieth (60th) day, and, in addition,
the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein if the
OWNER reasonably determines that the work is unsatisfactory, in accordance with this
Article V, “Compensation.”
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator as identified in the Notice to Proceed. It is the intention of the City
of Denton to make payment on completed orders within thirty days after receipt of
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invoice or items; whichever is later, unless unusual circumstances arise. Invoices must
be fully documented as to labor, materials, and equipment provided, if applicable,
and must reference the City of Denton Purchase Order Number in order to be
processed. No payments shall be made on invoices not listing a Purchase Order
Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees
incurred by the OWNER, and including, without limitation, damages for bodily and personal
injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
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ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
limits of not less than $100,000 for each accident.
C. Worker’s Compensation Insurance in accordance with statutory requirements, and
Employers’ Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or insurance policies at the
OWNER’s request to evidence such coverages. The General Liability and Auto Liability
insurance policies shall name the OWNER as an additional insured, and shall contain a
provision that all required insurance policies shall not be canceled or modified without
thirty (30) days’ prior written notice to OWNER and CONSULTANT. In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party’s disagreement, may include the other party to the disagreement without the other’s
approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty (30) calendar days to cure the
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failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
DEH Consulting, LTD City of Denton #6298
Mr. Dale Hoelting, P.E. Robyn Forsyth- Buyer
2513 Mosswood Dr, 901 B Texas St
Carrollton, TX 75010 Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 21 pages and 3 exhibits, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complete and exclusive statement
of the terms of their agreements, and supersedes all prior contemporaneous offers, promises,
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representations, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the OWNER.
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ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A Scope of Work Barrow Lift Station
Exhibit B DEH Consulting Milestones and Additional Services
Exhibit C City of Denton Barrow Lift Station Map
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct audits
in compliance with this section. OWNER shall give CONSULTANT reasonable advance
notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Dale Hoelting. However, nothing herein shall limit CONSULTANT
from using other qualified and competent members of its firm to perform the services
required herein.
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
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G. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
ARTICLE XXII.
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this the _______ day of ________________,
20_____.
CITY OF DENTON, TEXAS
__________________________________
PURCHASING AGENT
CONSULTANT
__________________________________
AUTHORIZED SIGNATURE, TITLE
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CONTRACT #6298 DEH CONSULTING INC
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles o r
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
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That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled or materially changed before the
expiration date.
Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
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Contract #6298 Barrow Lift Station
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
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Contract #6298 Barrow Lift Station
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
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DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
Contract #6298 Barrow Lift Station
ATTACHMENT 1
[X] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
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Contract #6298 Barrow Lift Station
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
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DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
Contract #6298 Barrow Lift Station
materially affects the provision of coverage of any person providing services on
the project; and
7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
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Contract #6298 Barrow Lift Station
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 relat ionship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than
the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See
Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the
date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment in come, 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
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DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
1
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING AGREEMENT
BARROW LIFT STATION FLOOD STUDY
BASIC SERVICES
PROJECT DESCRIPTION
Scope of Basic Services for this project generally includes preparation of detailed flood
study within Zone A to determine the limits of the existing fully-developed 100-year
floodplain for a portion of Pecan Creek-above SCS Dam #16 which is adjacent to Barrow
Lift Station. Basic Services also includes preparation of a floodplain summary report with
results of flood study.
GENERAL
A. Basis for Scope of Services
Task I - Site Visit, Data collection (FEMA data/models, LiDAR data )
DEH Consulting, LTD (DEH) will visit the site once to perform field reconnaissance to verify
drainage basin characteristics, stream conditions, existing vegetation, and drainage structures. In
addition, DEH shall gather available information from City staff, FEMA, and other pertinent
agencies pertaining to hydrologic and hydraulic modeling, record drawings, construction plan
documents, topographic and aerial data, and other documents pertaining to the Barrow Lift
Station area.
Task II - Hydrologic Model
Ultimate Watershed 100-year discharges for the Barrow Lift Station drainage basin will be
generated. Modeling of drainage basin for the subject tract will be limited to Ultimate
Watershed conditions model. No detention analysis will be performed. .
Task III - Hydraulic Model and Floodplain Mapping
Limits of the flood study are from 500 feet downstream of Westgate Drive to 1000 feet upstream
of Barrow lift Station. DEH will utilize surveying data from client or third party to model stream
cross sections where appropriate. 100-year water surface elevations will be generated for
Ultimate Watershed discharges and natural channel. Using the results of the model, the 100-year
floodplain boundary will be delineated for the tract. 100-year floodway model will not be
generated.
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Task IV – Summary Report
DEH will complete a floodplain summary report to include the results of the computer models,
plotted cross sections, and all other relevant data. Written narrative of the computer modeling
techniques and results will also be included.. No submittals will be made to FEMA for CLOMR
or LOMR
SPECIAL SERVICES TO BE PROVIDED BY ENGINEER
None Anticipated
ITEMS TO BE PROVIDED BY THE CITY OF DENTON
The City or the city’s designee will provide or make available to, or assist the ENGINEER in
obtaining the following services, information and material upon request:
1. Available past studies, correspondence, material, and mapping relative to the project.
2. Aerial topographic data in electronic format, compatible with AutoCAD 2009.
3. Field survey of existing conditions, showing spot elevations, contours, and physical
features within the limits of the project.
4. Copies of construction plans, and plats for the developed property adjacent to the project.
5. Assistance in obtaining data from third party sources which is available to the City at no
cost to the ENGINEER.
PROJECT SCHEDULE
The schedule to complete engineering services task by DEH is according to breakdown:
Task I - Site Visit and Data Collection 1 week
Task II - Hydrologic Model 1.5 weeks
Task III - Hydraulic Model and Floodplain Mapping 2.0 weeks
Task IV- Summary Report 1.0 week
Note: Scheduled time to complete each item is from the time each task is authorized by City of
Denton and the receipt of the field survey by DEH. If more than one task is authorized such that
there is overlap in the tasks, the time to complete the tasks shall be cumulative. Time frames will
not commence until written authorization is given.
21
DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
2513 Mosswood Dr. Carrollton, Texas 75010 Texas Firm #5663
972-345-1231 469-854-6802 (fax) email: d.hoelti@verizon.net
Exhibit B – Page 1
EXHIBIT B
COST OF SERVICES
PROFESSIONAL ENGINEERING AGREEMENT
BARROW LIFT STATION FLOOD STUDY
A. BASIC SERVICES
Compensation for engineering services performed by ENGINEER within the scope
identified in EXHIBIT A, shall be billed monthly on a percentage of the lump sum basis as
per the following task breakdown:
1. Labor
Task I – Site Visit and Data Collection $ 600
Task II – Hydrologic Model $ 1,400
Task III - Hydraulic Model and Floodplain Mapping $ 2,300
Task IV – Summary Report $ 900
Sub-Total $ 5,200
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage, delivery/courier
services, etc. will be reimbursed to the ENGINEER at his direct invoice expense plus 10%
with a not to exceed amount of:
$ 100
3. Total Fee for Basic Services
TOTAL (BASIC SERVICES) $ 5,300
B. ADDITIONAL SERVICES:
Work performed by the ENGINEER outside the scope identified in EXHIBIT A, Scope of
Basic Services, shall be considered Additional Services. No Additional Services are
anticipated for this project. The ENGINEER will be reimbursed for Additional Services,
should they be requested, as described below:
1. Labor
ENGINEER shall be reimbursed on the basis of negotiated fees for each item of
service provided, as mutually agreed to by the ENGINEER and City; or labor of
personnel employed by the ENGINEER will be reimbursed on an hourly basis in
22
DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
2513 Mosswood Dr. Carrollton, Texas 75010 Texas Firm #5663
972-345-1231 469-854-6802 (fax) email: d.hoelti@verizon.net
Exhibit B – Page 2
accordance with exhibit C, Standard Rate Schedule.
2. Direct Expenses
Direct Expenses such as printing, reproductions, automobile mileage,
deliver/courier services, etc. will be reimbursed to the ENGINEER at his direct
invoice expense, plus 10%. Where appropriate, a not-to-exceed amount will be
established and agreed to for each item of service provided.
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DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
SCOPE TASK ESTIMATED
COSTS
SCHEDULE
MILESTONES
TASK 1- Site Visit Data
Collection 600.00$ Dec. 9, 2016
TASK 11- Hydrologic Model 1,400.00$ Dec. 20, 2016
TASK III- Hydraulic Model and
Floodplain Mapping 2,300.00$ Jan. 10, 2016
TASK IV- Summary Report 900.00$ Jan. 18, 2016
Estimated Direct Expenses 100.00$ Jan. 18, 2016
GRAND TOTAL 5,300.00$
ADDITIONAL SERVICES PER HOUR
ENGINEERING
Administrative Assistant 40.00$
Engineering Technician 80.00$
Reigstered Engineer 135.00$
SURVEYING
Survey Crew 135.00$
Survey Technician 75.00$
Registered Surveyor 100.00$
Auto mileage $0.54 per mile where applicable
Reproduction and Printing Cost plus 10%
Deliveries Cost plus 10%
SCHEDULE OF REIMBURSABLES
EXHIBIT B
CONTRACT #6298 BARROW LIFT STATION STUDY
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DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
WESTGATEWESTGLEN
FLADGERDARBY
CLAYDONCLARENDONCOFFEY
ROLAND
JOHN
WENDELLBAUER
JOHN88108810
8888
8
8 88
8 8 8888
8Barrow8!I
Lift StationForce Main LineSewer LineFEMA Floodplain0.2 PCT ANNUAL CHANCE FLOOD HAZARDFLOODPLAINFLOODWAY
1" = 200 feet 25
DocuSign Envelope ID: 2F900815-FED2-4078-A6FF-621B4C09F01B
Certificate Of Completion
Envelope Id: 2F900815FED24078A6FF621B4C09F01B Status: Completed
Subject: File 6298 - Professional Services Agreement for Barrow Lift Station Flood Study
Source Envelope:
Document Pages: 25 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Robyn Forsyth
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
robyn.forsyth@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
11/28/2016 12:02:35 PM
Holder: Robyn Forsyth
robyn.forsyth@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Robyn Forsyth
robyn.forsyth@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 129.120.6.150
Sent: 11/28/2016 12:06:42 PM
Viewed: 11/28/2016 12:06:51 PM
Signed: 11/28/2016 12:07:35 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Dale Hoelting
d.hoelti@verizon.net
Security Level: Email, Account Authentication
(Optional)
Using IP Address: 72.16.225.18
Sent: 11/28/2016 12:07:37 PM
Viewed: 11/28/2016 12:31:53 PM
Signed: 11/28/2016 12:50:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Robyn Forsyth
robyn.forsyth@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(Optional)
Completed
Using IP Address: 129.120.6.150
Sent: 11/28/2016 12:50:13 PM
Viewed: 11/28/2016 2:56:04 PM
Signed: 11/28/2016 2:56:56 PM
Electronic Record and Signature Disclosure:
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ID:
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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PS ARORA
P.S.Arora@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Sent: 11/28/2016 2:56:57 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Jennifer Bridges
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Sent: 11/28/2016 2:56:57 PM
Viewed: 12/2/2016 11:05:21 AM
Electronic Record and Signature Disclosure:
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ID:
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2016 2:56:57 PM
Certified Delivered Security Checked 11/28/2016 2:56:57 PM
Signing Complete Security Checked 11/28/2016 2:56:57 PM
Completed Security Checked 11/28/2016 2:56:57 PM