2011-247ORDINANCE NO. Z� 11-247
AN ORDINANCE AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR
PROFESSIONAL DESIGN AND ENGINEERING SERVICES FOR THE PROPOSED
DENTON NATURAL GAS PIPELINE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; PROVIDING AN EFFECTIVE DATE (RFQ 4693-REQUEST FOR
QUALIFICATIONS FOR PROFESSIONAL SERVICES AND DESIGN AND ENGINEERING
SERVICES FOR THE PROPOSED DENTON NATURAL GAS PIPELINE - AWARDED TO
TEAGUE NALL & PERKINS, DENTON, TEXAS IN THE AMOUNT OF NOT-TO-EXCEED
$314,800 —BUT NOT INCLUDING CONSTRUCTION ADMINISTRATIVE SERVICES IN
THE AMOUNT OF $175,000).
WHEREAS, the professional services provider (the "Provider) referenced in this
ordinance is being selected as the most highly qualified on the basis of its demonstrated
competence and qualifications to perform the proposed professional services in accordance with
the laws of the State of Texas; and
WHEREAS, the fees under the proposed agreement are fair and reasonable and are
consistent with, and not higher than the recommended practices and fees published by the
professional associations applicable to the Provider's profession, and such fees do not exceed the
maximum provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1, The City Manager is hereby authorized to enter into a Professional
Services Agreement with Teague Nall & Perlcins, an engineering firm located in Denton, Texas,
in an amount not-to-exceed $314,800, to provide professional design and engineering services
and related services, for the proposed Denton natural gas pipeline, but not including construction
administrative services in the amount of $175,000, a copy of which is on file in the office of the
Purchasing Agent and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the
Agreement.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any and all actions that may be required or permitted to be perfortned by the
City of Denton, Texas under the Request for Qualifications ("RFQ") 4693-Professional Services
and Engineering Design of the Proposed Denton Natural Gas Pipeline to the City Manager of
the City of Denton, Texas, or his designee.
SECTION 4. The findings stated in the preamble of this ordinance are incorporated
herein by reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval. �
PASSED AND APPROVED this the �,�_ day of a��,���EC.'C� , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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By.
AP VED A TO LEGAL FORM:
ANITA BURGESS, CIT�' ATTORNEY
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By:
4-ORD-4693
Cit of Dento�
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Cox��ra�� # 469�
Den�on unici al �le�tric
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N�.tural Gas Pi el�ne Desi n
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�r�'�ct
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CONTRACT BY AND BETWEEN
CITY OF DENTON, T�XAS and TEAGUE NALL AND PERKIN�, INC.
THIS CONTRACfi is made and entered into this 13th day of Decembez• A.D., 2011, by
and batween Teague, Na�l and Perkins, Inc. a co�poration, whose adciress is 235 W. Hickorv
St�eet, Suite 100, Denton, Texas 76201, hereinafter re%rred to as "SU��I101'y" and the CITY OF
DENT�N, TEXAS, a home ri�le municipal co�poration, hereinafter re:ferred to as "City," to be
effective upon app�oval of tl�e Denton City Cvuncil and subsequent e��cution of this Canh•act by
the Dentan City Ma�ager or his dt�ly authorized designee.
�o�• an.d in consideration of the covenants and agr�ements contained herein, and fo�• the
mutual benefits to be obtained hereby, the pai�ties agree as follows:
SCOPE OF SERVIC�S
Supplier shall provide �roducts a� services in accordance �vith the Supplier's pxoposat in
response thereto, a copy of which xs attached hereto an.d inco�porated herein for all purposes as
Ex�ii�it "D". The Contract consists of this written agreement and tl�e following items which are
attached hexeto and incorporated herein by referance:
(a) City of Denton Contzact # 4b93 including;
(b) Scape of Work and Servicas
(c) Statement �f Con#ractor Qualifications and Propased P�•oject Staff
(d) Drawings and Pxoject Timeline
(e) Pa�ment and Performance Rec�uirexnents
(� Pricing
(g) Standard Tei�ns and Conditions
(h) Awarded Cnntractor pocumentation
(i} Insurance Requi�•eznents
These documents make up the Contract documents and what is called fa�� by one shall be
as binc�ing as if called fox� by all. In the event of an inconsistency or conflict in any of the
provisions of the Conttact docurrzents, the inconsistency or conflict shall be resolved by giving
pzecedence first ta the written agre�ment then to the cantract docuaxxe:�ts in #he arder in �vhich
they ai•e listed above. These documents sha11 be referred to collectively as "Contract
Documents."
IN WITNESS WIIEREOF, the parties of ihase presents hava executed this agreem.ent in the year
and day first above written.
ATTEST:
APPROVED AS TO F�RIVi:
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CONTRA,CT
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CITY OF DENTON, T�XAS
"REQUEST FOR QUAL�'ICATIONS �#4G93
PRQFESSIONAL S�RV�CE,S and
ENGINEERING DESIGN OF THE PROPOSED DENTON NA,TURAL GAS PYPE�INE
Section I
Gen�eral
I. INTRODUCTI�N: In accozdance with the provisions of Texas Local Governtnent Code, Chapter
271, Sub Chapter �I, and Texas Government Code 225�, The Cify of Denton {the City) is requesting
quali�ications to contz•act with a qualified team of professionals with co�siderable experience in
the engineering and design of natural gas pipelines. The responses sha11 be subnaitted to the City of
Dexatox� an a sealed submission, in accordance wxt� Texas Local Govei7vnent Code 271.0245.
Denton, Texas is a Main S#�eet City in the No��th Texas region. Establis�ed in 1857, Denton is
the county seat af Denton Coun�ty and was named for John B. Denton. Denton is unique in
cazx�position; the eity is co�np�•ised of over 92 sc�u�xe miles ��rhieh radiat� out in all directions
from the downtown core. In addiiion to the unique physzcal composition of the city, there is a
unique character to the City. Ii is compris�d of a diversity of neighbox�hoods and lanc� uses that
range from histoi�ical z•eszdez�tial an�d eomrnereial districts to new residential subdivisions and
industrial complexes to greenbelt aaeas and newly annexed rural areas. There a�e several active
industries o�ei�ating within the City lirnits, including highly disputed gas well drilling,
proc�uction, ar�d tzansmisszon, Denton is home to two state univez•sities, fhe University of Narth
Texas, and Texas Woman's Univexsity, and two regional hospitals. The City is traversed by
sta#e highways, raillin�s, and Interstate 35 E& W. This summer Denton County Transpoitation
Aufhority (DCTA) will begin operatian of a passenger rail service that will run fi�om downtown
Denton to the City of Caxrollton, where passengers may traz�s�ex to tl�e DaZ1as Area Rapid Transit
(DART) system and continue travelling by rail within the Metroplex r�gion. The raii service will
be acca�npar3ied by the apening of two x�ai] statia:ns in Denton.
II, BACKGROiTNB: The City of Denton's el�ctric utility, bettex known as T7enton Municipal
Elechic (DME}, is a locally owned municipal utility. The Denton City Council and the Public
Utiliiies Board provide overall guidance a�.d approval to the utility. The electricity service
p�•ovided by DME is essential to community grflwth.
Cui7ently Denton recaives ihe follovving additional services from ifs uizlities organizations;
electricity, �oiable water, wastewater treatment, and solid waste and recycling ta appx�o�i�n�tely
43,000 metered locations within Denton,
�'�te City of Dentort is exen�pt ft�ayn Fede��al Excrse aYtd ,S'faie Strles Tax.
II. SCOP�: In accordance with the ��•ovisians of Texas Local Government Code 271 and Texas
Govei�ent Code, Chapter 2254, The Ciiy of Dez�to� xs xeguesting responses to this solici#ation to
p7�ovide pi•ofessional services for the engineering design of the proposed Denton Naiural Gas Line.
III, CONTRACT TERM: It is the intention of th� City of Denton to award a contract for Professional
Sezvzces for the tei�rn of the project, �e�vices undei�taken pursuant to this solicitatio� wi11 be
PAGE 4 OF RFQ �1G93
required to commence wii�in fow�teen (14) days of delive�y of a Notice to P;oceed, The services
shall be aecomplished per the Schedule of Evenis as outlined in Section N.
IV. MINIMUM SUBMYSSION REQUIREMENTS:
The fallawing minimum reqn'v�ements mlist be dem.onstrated in order for the submission to be
considered res�onsive to the City of Denton, Any response recaived, which �is determined to not
meei these mandatory requi�ements shall be immediately disc�ualified and relected as non�
responsive.
1. The Responde�it shalI l�ave the follo�ving ininimum ex�erience: (firms which fail
to pro�vide detailed project experience as required shall be considered
nouresponsive}.
a) Design of at least two natural gas pipelines.
b) Design of natural gas pipelines that interface with pawer pl�nts, if any.
c) Xnter�ace design,
d) Dezaaox�st�ated experience with natural gas pipeline design.
e} DemonstraYed exparienca rn�ith Distributed Generaiian and onsite g�neration
integration, if any,
2, The Px•oposing Firna znus# be registered by the State of Texas to �j�ovide any seivices
�vhich are required to comple#e this project, and the Fum must have a11 professional
licensure requirec� by the Siate to provide any seivices requu•ed to complete this
projec#.
3. If any Fi�7n sub3nitting a Response is a corporation, it must be registered to conduct
business in. the State of Texas. P�oaf of this regisfra#ion must be inciuded as pa��i of the
submii#al. �
PAGE 5 OF RFQ 4643
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ATTACHNJ��T`�' C
DENT4N NATURAL GAS PIPELiN�
ADDITIONAL PROJECT INFQRMATX�N AND REQUIREMENTS
Tlze successful p��oposer will provide � solution for the design and construction af the new Denton Gas
Pipeline, The concept described below tivas used as a high�level tooi for planning and pYOmoting the
project. These are general guidelines only, it is expected that the awarded �ix•rn. will hoid scoping
n�eetings with D1VIE after award and then provide a"Taxget VaIue I�esign" to deliver ihe best possible
system to Denton M�nicipal Electric (DME) and the City of Denton.
Conce�t — Na#ural Gas Pipeline: The gas pipeline is anticipated to be an eight inch steel pipeline of
approximately 12,5QO linear feet in length that will be placed i� a utility easement to be developed by
the City. The press�re of the natural gas pipeline at its terrrFimis shall be a miniinum of SOQ psig. The
project will inch�de installation of all mainline pipe, valves, fittings, "Tee's" with instaIled blank flanges
to allow easy hookup a�d service to new industrial custoxnex•s, zequi�•ed aasing, pipeline m.arkers,
cathodic prfltection test leads, as well as temporary fencing, clear•ing and grading of right-of-way, ditch
padding, seals and backfilli�g right af way a�ter pipeline installation and filling the pipe�ine wifh watez•
to hydrostatieally test completed pxpeline, dewatering, drying, teeing in, clean up, lan.d x•estoration,
rehu� of all unused mate�•ial and all wark necessary to construct and coznplete. The City envisions the
p�peline interconnecting with f�vo nearby high p�essuz�e pzpelines (Enterprise and CiossTex) ��ith
metering from both pipelines, The terminus of the proposed pipeline will be near the R,D. Wells
substation, ai�. existing el�ctrze silbstation o�vned by D�nton Municipal Electric,
PAGE 43 OF RFQ �}693
EXn�b�t ���,�
Scope of Se�v�ces
Ciiy �f Den�on - Natural Gas Pipeline
TNp No, DME��233
The following 5cope of Services [s a descrip#ion of the pr�iject phasing and work to be
accomplished in each phase. This projeci generally invoives t�e preparation of a tapographic
survey and engineering design work n�cessary ta complete plans and specificatians for two
naturai gas pipeline segmants along w�th related appurtenances. Assisting Denton Munici�al
Eiectric (�M�) in bidding the project and selecfing a qualified contractor along with constr�ction
phase services are include� as special services a}ong with o#her selected tasks.
SCOPE �F BASIC SERVICES:
This scope of b�sic services inc[udes engineering and surveying tasks required for the design of
ti�e pipeline segments. The first segment (designated Line A) is approximaiely 12,300 l.f.
beginning near the existing Jim Chrisfa! Substation and terminating at ihe proposed CMP plant.
The secont{ segment (designatad Line B) is approximately 5,280 1.f. beginning at a connection
to Line A an Western �Ivd. and terminating ai the Denton Municipal Airpark. The design will
i�clude deiaiis far a future connection ta the airport properfy at the north side of th� Denton
Airpor� at the intersection of Masch Sranch and Jim Chrisia[ roads and at the east sicle �f the
airport along Airport Road. These connections are expected ta include a 7'ee and block v�ive
either above ground or in a below grade, concrete vault. The alignment far both segments has
been estabiished by DME and easements have been acquired. Any additional easements
required for this praject wili also be acquired by DME.
Basic services for fhis project are divided into three ciistinct phases anci will be billed on a lump
sum or fixed fee basis. The Canceptuai Phase is a data colfection and sfudy phase that will
include bui�ding a pEan view of the project limits, delineatian o# any additiona! easement needs,
confirming pipe sizing ralative io future service areas; and identifying critical design chal[enges.
The Preliminary Design phase will focus on compieting the pipefine plan and profile sheets,
develaping details for various appurtenances, and developing specifications. The Final Design
phase will largely involve addressing commenis fram the City of Denton's Engineering
Department, DME, and other reviewing agencies along wifh comments generated from a final
internal plan review.
�E. Conceptual Design Phase
The foUowing major tasks will be perFormed during this phase. These tasks may not necessariSy
be concurrent. Refer to the project schedule for sequencing. ihe goal of this phase is to
present an overall design schematic fhat �Ilustrates the design cancepts and solutions to criticaf
design issues.
Project Planninq: We will meet wit� DME twice to discuss the project scope in preparation
for pianning and budgeting the effort required t� complete this project After execu#ing the
con4ract documents, an internal project meeting wiil occur to assign tasks to key staff
members and caordinate the project. The folfowing are key design tasks ihat will occur
during this phase.
Daia Collection: This task invalves gathering racord drawings for existing utilities, drainage
structures, and roads. We will alsa gather applicable City pEanning documents, maps, and
design manuals. Aerial imagery will be assembled using in-house imagery along with.
Denton Natural Gas Pipeline (RFQ 4693} Exhibit D— Scope of Services, November 14, 2031
TNP No. bME1i233 . �age'f of8
tapographic cantours. This task will afso involve fi�ld reconnaissance of the pipeline route to
photograph ar�d document any special conc�itions prior to sending out field crews and
environmental personnel. Easement dac�menis from DME wiil be reviewed and cad
imagery wiil be formatied for use by TNP.
Note: If is our understanding that easemenfs have been prepared by others and that CAD
files wrll be provided along vvifh easemeni documentafion. !f addltianal easements are
required during the course of fhis projeci ihey wil! also be prepared by others under the
direcfion of the Cify of Denton.
Distribufion System Plannin.q: The goal of this iasic is to confirm the sizing of l.ines A and B.
To size the line, a rough demand model wili be created using City planning documents, DME
Westpark Master P1an/CHP planning documents, and aerial imagery. A schematic level
afignment of a poten�ial mair� line for the proposed service area wil] be developed. Line
sizing will be based on the gas press�re and clemand requirements at the CHP plant
delivery point along rrviih an assumed pressure and dernand madel for fu#ure cust�m�r
needs.
Master Schemaiic Aliqnment- This #as�C ir►volves assembly af a plan and profile alignment
basecf on record drawings, aerial imagery, easement documents, 2-ft contour data, and
o#her da#a collected for this project. Critical areas suc� as utility, storm drain, and roadway
crossings will be detailed with a preliminary sketch. Environmentally sensitive areas,
jurisdictional weflands, floodplains, and �ree cartopy areas w�ll be identified and a plan of
actian developed relative to applicable City Ordinat�ces. This task will also involve a
preliminary review of traffic conEral needs. The objective of this task is to prepare a sui#able
schema#ic �lan and conce�f drawings to ilfustrate how critical issues wiil be resolved. This
plan may be presented to DME as a warking drawing with a combinaiion ofi computer drawn
line work and hand drawn markups.
Note: Jt is our understanding fhat environmenfatly sensiPive areas and jurisdictional
weflands have been sfudied by athers under the Cify's direction and uvill only require
coordination w'fh our proposed work.
Class Lacation Studv: A cfass location study and report is required to comply wifh pQT
regulations and wi�l provide a basis for pipe design. This study wii! be based on the
proposed alignment and will provide a design elassification i�ased on popu�ation within a
presct'ibed �istance of the pipeline. Areas of high consequence wiB also be identified. A
bound report will be provi�ed to DME.
Coordination Meeting with Crosstex/�n�er�rise: During this phase af the project, meetings
are required with both Crasstex and �nterprise pipeGne fo determine a suitable locatfan for
#he delivery points from the respactive suppliers. These meetings will also address key
design criteria and should define a demarcation point between DME design anti construction
and the supplier's design and constru�tion. lt is anticipated that each sup�lier wii3 design
and cor�struct a iine tap, sa�es meter, and appropriate piping, valves, and related
instrumen#ation such that DME's responsibility wi][ begin at a blind flange dawnstream of a
block valve,
Once we have gathered data and evaluaied the pipeline sizin� requirements we t+vill meet-with
DME to discuss the resulis and present a recommended final alignment for design. After
acceptance of the final design, #he schematic alignment will be submitted to the City's
Engineering Depariment for pre[iminary revfew. The following taslcs will also occur:
Topoqraphic Rauie Surve� Fisld crews will sunrey ths proposed route and will collect
horizontal and ver�ical data fior all at�ove ground features within the proposed easements
Denton Natural Gas Pipeline (RFQ 4693) Exhiblt D— Scope of 5ervices, November 14, 2011
TNP t�o. DME'i 1233 Page 2 af 8
(permanent and femporary workspace), 5urvey crews wil[ not perForm any boundary survey
although some con#ral points and property corners may be inciucled for reference. Any
boundary work re�uired for this projec# for the purpose of easement preparation or real
proper#y transfer will be pertormed by others under ti�e City's direction. Project control using
GPS coordinates and city benchmarks will be established for use during design and
cor�struction.
Subsurface Utility �nqineerinq _ fSUE}: This tasic_. will invalve utility designating and
documentation of City and franchise utilities and other #oreign utilities within the pipeline
route. These ufility lines will be designated far horizontal alignment and in some cases a
praliminary depth may be obtained. The alignment will be included in the t4pographic
survey. 'The goal of this task is to define a quality lev�l B far the pipeline raute. ln some
cases a test ho�e may be required to dete�mine ihe exact depth and/or maferial type for a
utility. If required, these quality level A services will be performed as a Special Service as
identified in that sectian of the scope.
Geotechnical lnvestiqation: During the Conceptual phase a geatechnica! study will be
perfarmed to determine subsurface soil siructure at selectecf locations afong #he plpaline
route. Soils will be ciassified and the resuits will be used to aid in construction cost
projections and will �e provided to potential pipeline bidders. This work wilE be performed by
CMJ Engineering, [nc., an [ndependent s�b consultant.
Project Meetings: One {1) Preliminary Scope Meeting witt� DME
One (1) Final Project Scope Meeting with DME
One (1) Meeting with Crosstex and DM�
One (1) Me�ting with �nterprise and DME
One (1) Schematic Design Meeting with DME and Engineering
Project Deliverables: Three (3) bound Class Location S�udies
One (1) Scl�ematicAlignment Sheet(s) as a strip map.
Three (3) Geotechnical Reports
2. Prefiminary Design Phase
With key desig� parameters established during fhe Conceptual Phase, �his phase will focus on
the detailed design of a horizontaf and verkical alignment for fhe pipeline. Specific design
parameters such as benc�ing stress, maximum aflorrvable aperating pressure, specified minimUm
yield strength, etc. w�ll be used to specify a pipe material that conforms to ASME 83�.8 "Gas
Transmissinn and Distribution Piping". Federai regulations for pipe(ines (CFR 49 Pat� 192) will
also be used to gUide the detailed design.
In some cases, public utilities may need to be relocated or adjusted and there may be a need to
repair pavement. As the design develops, all of ihesa items will confo�m fo the Cify of Denton's
design criteria as neede�. This phase generally involves two refa#ed tasks that wil[ occur
somewhat concurrently.
�nqineerinq Des[c�n: This task involves calculafions and selection of appropriate materials
and appur�enances baseci on the design parameiers established during the conceptua!
phase. The following are rr�ajor camponenis of the engineering design:
penfon Nalural Gas P3pellne (RFQ 4693) �xhibit D— Scope of Serrices, Novembet 14, 20i 1
7NP No. QME11233 Page 3 of B
A Horizonfal directional cErili alignments will be designed as required for ailowable
instaliation e�try angles, bend radii, and operating stresses.
■ Provide hydro iest profiile and engineered head and class breaks. The desired min€mum
and maximum hydro test pressures commensurat� v�rith the class loca#ion of the pipeline
will be specifiad.
a Pig Launcher/Receiver designs and main line valve yard designs will be inclt�ded. At
present it is anficipated that two pig launcher and receivers will be requirad alang with an
anchar forging and fhr�st blocl�. Siructura! design for cor�crete pipe suppa�ts will also be
provided.
■ Coordinafion with Enterprise and Crosstex far the interconnect facility will be required.
This task also includes effo�t required io design anly the connection to the faciliiies ta be
designed and constructsd by others.
Note: If is assumed that the interconnecf ineasuremenf and regufation facilities {tap,
va/ve, meter and relaied electronic eauipment) wilt be designed and constructed by
Crossfex Energy anr� Enterprise products, respectivety. The Crossiex North Texas
Pipeline is a 24�inch transmissron line operafing at �05� MAOP thaf carries un-odorized
nafural gas. The Enterprise fransmission line operates at 9�00 MA�P and also carries
un-odorized natural gas. Should fhis worlt be requirad it can be performed as Additiona!
Setvices, �
= The design and.layout for the connecfion poini at the CHP plant wil� be designed in
accordance with DME requirements. This cannection is an#icipated #o be a block valve
and blind flange assemb�y designed in conjunction with the pig receiver and coordinated
with CHP plant plans.
n pevelop material specifications, testing procedures for welds and for welder
quali#ication, and coating specifications anci repair procedures. A bill of materials will
afso �e generated for cos# projecfian purposes and for bidding,
$ A cafhodic protection system will be tlesigned and wil] likely include one rectifier and ane
deep well anode bed. A study will be mac�e to determine if tne induced voltage on fhe
pipeline from the overhead electrical power lines will require AC Mitigation to protect
againsi ac-induced corrosion,
� Odorization Facilities will be required for this pipeEine and will be designed and ir�stalled
at the point of custody transfer.
� The design will include details ior a future connection to ihe airport properky af the
intersection of fUlasch Branch and Jim Chrisia] raads. This connection is expected to�
incEude a Tee and block valve �ither above ground or in a precast vault. Other Tees and
blocK valves can be locaied as needed using similar details. .
■ Utility relocafions wilf also be designad as needed. This task item provides. for the
engineering design effort needeci to de#ail city utility relocations needed for the
construction of this pro}ect.
NDTE: (f relocatiQn of franchise utilities is required the design can be provided in-house
or may be oufsourced and can be provided as a Speeial Service.
Drawin Pre aration: This task involves incorporation of the engineering design work inta
p�an sheets that convey the o��rall project concepts and provide the informafion necessary
ta construct the pipeline. We anticipate fhe foliowing ma�or elements will be incorporated
inio the 22"x34" design sheets:
Denton Natura) Gas Pipeline (RFQ a693) Exhibit b— Scope of Services, November 14, 2011
TNP No. DME11233 , F'age 4 of 8
� f'ipeline alignment plan and profile views based on the resuits ofi the conceptual phase
alignment.
• Horizontal directional drill profiles and details will }�e included at areas where this fy�e of
construction is desirable, Specific details including entry and exit angles, bend radii, and
overail length wiil be included.
■ Pig launcher and receiver sites wilf be added to the plan vi�w and specific details (p[an
elevati�n and secfions) will be included.
■ Vaive sites, connection poinfs, and termination poinfs will be detailed anci dimensioned.
� U#ility crossings and relocations, road crossings, raiiroad crossings, and other key
design elements wiIl be �ncluded as needed along with per�inent notes, calculations,
legends, and material iists.
■ Traffic controi and storm wafer poNution prevention plans will also be included in the
plans as needed. �
NOiE.• Efforts to mifigate weflands, replace iree canopy, file documeratafi�n with ihe
Texas Commission on Environmental Qualify (TCFQ), the US Army Corps of Fngineers
(USACE), and/or fhe Federa! Emergency Managemenf Agency .(FEMA) is not
anticipated but can be provided as Addifianal Services wifh a scope and fee to be
provided if needed.
Once design plans and specificaiions are complete the design package will be submit#ed to
DME for review and comment, We will also have our consiruction management team review
the drawings, walk the site, and make any recommendat9ons regarding constructa�ility.
Projec� Meetings: Up #o Three (3} Progress Meetings with DM� to review
engineering designlplans
One (9 )�inal F're-Submit#al Meeting with DME
One (9 )�ield Constructability Walkthrough with DME
Project Deliverables:
3. Final Design Phase
Three (3) sets of 22vx34" plan she�ts at Pre-Submittal phase
Ot�er plans and meeiing materials as required.
The final design phase involves submitting plans ta t�te various agencies for review and
comment. Plans and specifications wil! be submitted to City of Dentan Engineering for review of
the pipeline relative to water, wastewa#er, drainage, and road crossing infrastruciure. Plans for
the railroad crossing will also be submitted to The Rayzor Company for review and permit.
Plans may also be submiiied to franchise utilities if coordination or notificatian is required. We
will also initiate the process with the Railraad commission by filing a T 4 permit and a PS-48
repo�t.
Once all of the reviewing agencies have been satisfisd we will prepare final quantities, bi1[s of
materiais, signed & sealed plan sheets, pr�ject manual, and specifications for bidding. These
drawings along with the bid forms, contracts, and specifications will comprise the bid documen#s
for the City to use i� obtain3ng bids from prospective construction companies. At the end of this
phase, plans and sp�cifications will be ready for bidding.
Project Meefings:
Denton Natural Gas p9peline tRFQ 4693) Exhibit D— Scope oE Services, November 14, 2011
TNP No. DME11233 Page 5 of 8
Up to Two (2} �inal Project Meetings vuith DME andlor Denton
Engineerir�g.
project Deliverables: Three (3} sets ofi 22"x34" plan sheets at Pre-Submittal phase.
�inal Original Sealed Plans, Specifications, and relafeci
construction dacuments wiil be provided on 22"x34" bond paper
suitable for reproduction and in digital forma#.
�f1�er plans ancE meeting materials as requir�d.
SCOP� O� S��GIAL SERVICES;
The following services will be provided as a part of this project and will be performec! as
generally described below. These items represent work and effort that will be largely dependent
on the final design af the praject and the work sequencing of fhe selected contracior. These
items will be perFormed on an hourly basis and in consultafion with DM� statf.
4. Consiruction Administration
The following items relaie to constructio� phase services to be provided during the bidding
process and thraugh the end of construciion.
Construction Mana�ement: After award of a contract, our canstruction management #eam
will work directly with the Ciiy to oversee the daily construction operations af the contactor,
We will have a lead inspector on the project on a full time basis. We also anticipate having
fwo weld inspectors during the time pipe welding €s underway and two craft inspectors to
manage #renching, backfilling, equipment installation, etc, In addifion to consfruction
inspecfion personnel we will outsource and manage a radiolagical weld tesiing firm and plan
ta engage CMJ Engineering, inc_ for materials testing. Construciion staking and recard
drawing�preparation is also included in this task.
The construction management tasfcs and personne( assignments ara based on our
�xperience v,rith similar projects. Once we have a cantractar selected and determine the
actual construction schedule and sequencing we will refine the number of inspeciion
personnei if needed,
5. Miscellaneous Servlces
SubsurFace U#ilitv Enaineering — l.evel A: During the course of design and a#ter #opographic
survey and SUE -- Level B wark is complete, certain areas may require field excava#ion ta
determine the locatian of underground uiilities, At this poini in the projecf, the number ofi
locations req�iring vacuum excavation is indeferminate. This tasic is an hourly task ti�a�
establishes a budge� to allow for 10 to 15 locates. Actual locations and the need for this
task will be disctassed with DME at the schematic design meeting.
Denio� Planninct/nhC Coordination: Coordination and review of the project by the City's
planning department through the normal Development Review Committee (DRC} process is
not anticipated for this project. The project is nat expected to be included in the City's online
praject tracking systems (Pro}ectDox or eTraklT). This scope item and associated fee
provides for submiiting and coordinating with the City of Denton p�anning depar#ment,
posting and ma�aging the project ihrough ihe City's I�rojectDox and eTraklT website, and
attenc{ing additional review m�etings as required.
Denton Naturaf Gas Pipeline (RFQ 4693} Exhlb(t D— Scope of Servicas, Navember 'f a, 2011
TNP No. DME11233 Page 6 of 8
ADDITIONAL SERVIC�S:.
� Additional services a�e tasks not specificaily identified in the Scope af Basie Services or Special
Services. These items can be perFormed by or managed by TNP in accordance with ihe
standard rate sheet in effect at the iime services are provided or based on a negotiated scope
and fee. Examples of Addi#ional Services include, buf are not limited to:
� Land planning, lat layout and configuraiion, preliminary plat preparation, finai plat
preparation, zoning applications, zoning exhibits, preliminary utility pfians, drainage
studies and pre�iminary drainage plans;
� Property research and real properfy surveying for easemen#s, right�of�ways or pfats,
a Preparafion of real property transfer documenfs, exhibits or plats;
■ Participation in real property acquisition;
■ Trips beyond a 100 mile radius of Denton; .
■ Subcontract charges, photocopies, plan reproduc#ion, computer charges, etc. not
describec! in BASIC S�RVIGES;
� Design of ineasuring/metering stations and interconnect facilities for Crosstex or
Enterprise excepi for work defined in BASIC SERVICES;
� Design of law�pressure service lines and pressure regulafion beyond the raquirements
included in BAS1C SERVICES;
■ Design of franchise utility reiocations {although coorc�ination witt� affected utilities is
inciuded}; and,
• Coordination with agencies nof specified in the scope of basic services such as FEMA,
USAC�, TCEQ, etc.
benfon Natural Gas Pipeline (RFQ 4693j �xhlblt D— Seope of Services, November 14, 2011
TNP No. OM�11233 Page 7 of 8
Stefemenf of Qualillcations for fhe Cffy of Oenton (RFq No. Q883J ��.
Professfonal Services and En.qlneerin� !?es�an of the Pronosed Denton NatuiaF Gas PiAeline June 28. 20i i
3. ANTIGtPATED PROBL�NlS ANa PROPOS�D SOI,UTIONS
The folio�,ving items are cfesign issues that we fypica(ly encaunter on pipe[Ine projects along w€ih ifems that are specific to
this projecf. We have also provided �roposed solutlons based on our experience.
The fo�[owing iferns are design issues ihat we iypfcally encounter on pipeline projec4s along with items that are specific to
fhis project. We have also provided proposed solufions based on our experience.
o Coordination with Oiher Pipelines: There are four pipeline operators wi�h
#acflities alon� the proposed Denion Pipeline rot�te #hat +nrill require coordination.
Whife these pipelines shouid not pose significant design chaUenges it will bs
important fo field Iocate the lines and coordlnate wi#h the operators.
1. Enterprise Producfs O�erating, LLC (A5 253368) operates fhe 36-inch
South Texas-TX150 Sherman Extenslon (74 03883) natural gas
transmission line at an ap�roxima#e MAOP of 1100 PSI. This line crosses
Jim Christai �taad approximately 400�feet east of ihe subsiatian �nd
connecti�g ta #his pipeiine wifl require coordination with Mr. Troy Lawrence
(713) 381-8239 (jtlawrence@eprod.com}, Typically, Enterprise will design
and irtsta[f the metering, valving, and related electronics based on the
custarner's needs and at the customer's e�anse.
2. Crossfex iV Texas Pipeline, LP (P5 i90730) operates the 24-inch NTPL 24-incF� Mainline (T4 06882) natural gas
iransmission line at an approxlmate MAOP of 105o PSI. 1'his line crosses Jim Christal �ioad approximately 800 -
feet east of the substa#€on and connecting to this pipeline will require coordina#ion with Mr. Royston Li�hffoot
2�f 4.721,8476 (royston.lightfoot�a crosstexenergy,com). Typica[Iy, Crosstex will design and install the metering,
valving, and related eiectronios based on the custorner's needs and at the customer's expense.
3. Souihwestern Gas Pfpeline. Inc. (P5 806720}, a subsidiary of Devon Energy Corparation, operates the 8-inch
Rich AGF 8" Lateral:DGSLP {T4 00088) nafural gas gafhering line at an unknawn design pressure. This ]9ne runs
parallel to the south right-ofi-way of Jim Christal Road arou�d the south side of ihe substation east ta Masch
Branch aaad where it becomes the Rich Yorlum Master Meter;Star of Texas 8-inoh gathering line, The tine then
continues to the east and paraifel to the south right-of-way of Jim Ghristal Road for apprvxirnataly 1,000-feet
where It turns to the nortt� and crosses ihe road, The con#act for coordination of this line is Mr, R. Glenn Smi#h
405.228.8372 (glenn.smiih@dvn.com). 7hese ►ines may need ta be located prior to ciesign of the proposed
pipeline. .
4. Targa Norih Texas, tP (P5 836040} opera#es the 6-[nch Chico (T4 01184j natural gas gathering line ai an
unknown design pressure. This line runs paralfel #o the south right-of-way of Jim Christai Road from a wei( site
approxirnately 800-feet west o# Western Boulevard to an &inch line on the easf side of Western Boui�vard. This
line may need to be located prior �o desfgn. The same operator owns the 8-inch Chico tine that runs parallel fo
and along porfions of the eas# right-of-way [i�e for Western Boutevard. The contact for coordination of thls Ilne is
Mr. Larry Clarkson 94d.644.2233 or Mr. Tim Huffer 337.583,4642 (thuffer@targaresources.cor�). Pripr fo design
fhis line wiil need tc� be iocated hor(zontalfy and vertically to design the Wesiern Boulevard crassing.
Environmentally Sensitive Areas: Because portions of the proposed pipeline
route run through �nvironmentaliy Sensitive Areas (ESA} a weiiand delineation
proaess #ha� must occur. burin� the canceptuai phase we v�ill work with tF�e
existing City base maps to identtfy areas where horizontal directionaf drilling
may be a mare desfrable and cost effective alternative to open cui. Where
areas of open cut are identi#ied the ESAs will be iden#ified and marked on tha
ground for accurate delineafion during field survey and to develop plans for the
Developmen� Review Committee process. This process could become a
significant project schedule issue if it [s not addressed early.
Statement of Qualilications lor the City of L7enton (R�4 No. 46s3) � 7 -
Professtonat Setvlcesand Enqlneerirr.pDesl.qn of fhe Proposed Denton Natwat Gas PJpelfne Juna 28. 20i1
e Railroad Crossings; There is one railroad crossing located to th� west of t�e
FtD Wells substatian. This line is a rai[ spur that serves ihe Tetra Pak faciliiy and
is operated by BC Ra'tl Spur L€', a'%xas limited partnership. There are no
specific design requirements for this crossing although the operator will want the
opportlinify to review the p[ans. Coordination should occur with Mr. Phillip
Baker, The F�ayzor Com}�any 940.387.871i. Typica[ly we recommend an un-
cased i0-#oot depth fior the pipeline crossing �nder a rail�oad, This will not be a
significan� design or cons#ruction issue. �
e Water/Wastewater Lines; There wi11 be at least one water !€ne crossing along
Jim Christal Road at Masch Branch. Addi�ional water line crossings wfll be
rec�uired to design ihe proposecf pipeline that runs south along Western
Bou[svard and west to the airport. There are two sanitary sewer ]ines io cross on
this praject, One of the iines is a 24" line along Jim Chrystal from approximately
400-feet west of the substafion and following the Southwest Gas gaihering line to
Masch Branch. ihis line Is a trunk line frorn Krum and is a critical Iine al€hough
the depth is unknown. Depth of the sewer line may not be a significant issue in
areas where dhe gas pipeline is instalfed parallel and by open cut but witl be a
design consideration at ihe Masch Branch crossf�,g. 7he second sewer Iln� wlll
be a crossing approxima#efy 1500' west of Western Blvd. It is a 10" SS line
running adjacent io a nry Fork Hlckory Branch tributary with a depti� of
approximately 12-feet beiow Jirn Chrisial E�oad. This lina wil! be a design
considerailtin when developing the gas pipeline profile at this crossing. Overall
ihe waier and sewer utilfiies should not pase a signiftcant design or construction
issue.
• Transporta�ion/Traf#ic Conirol: While most of the work for the pipeline
installation wNl occur (n easemenfs and wllf not aifeci traffic there may be iraffic
eorofrol plans requiremenfs. if required, we will develap traffic confrol plans in
accordance with the 7exas Manual on Uniform Tra�ic Confrol Devices and Ciiy
criteria. Ti�is will not be a significant design issue but wif� need to be adc�ressed
dur[ng the bidding p�ase with the oon#ractor.
� Tree Ordinance: While the City of Denton has Tree Preservation ancl
Landscaping Requ[remenfs, this proJeci may be exempt according to the
foNowing exampiion statement (Denton bevelopment Code 35.13.7; A,2.c.v.).
'Publrc Utilities may be �xempfed from ihese requirements upon ftling route plans
prior to tree remova! or consfructron, uvhich sa(isfactorily demonstrate that !he
proposed fnstallafion lles wiihir� routes prevlously establlshed by a curreni Master
Alan for fransportation or public utllitres, or within an existing easement recorded
prior to the effect��e date of this ordinance." This ifem could be a signiftca�t
deslgn issue and wilf be addressed eariy in 1he project to deiermine the direction
we need to take. lf the Tree Preservation and Landscaping Requirements are
determined to apply to this project, our landscape archiiects will be engaged to
develop atree iroventory, permit appficaiion, and mitigation plan.
o Alrport Neight RestrictionslCoordinatlon NO7AM: Denton's Land
Davelopment Code Chapter 35, Article X establishes height restrictions for.
varlous zones around the runway. Whiie portions of this project wifl fal{ under the
designated Approach Zone and Transition Zone, construction methods and
equipment commonly used for pipetine work shauld not encroach info the
designated zones with respect #o height. ln the vicinity of Masch Branch and Jim
Christaf Road the height limi# is a�proxirr�ately 70-feet above grade which
appears #o be the rnost resfrlctive area. We recommend coordir�ation with airport
staff {Ms, Andrea Sumner, Operations Coordinator, 940,349.7738 to confirm and
to discuss the need for filing a Notfoe to Airmen (NOTAM) anci possibly an FAA
Farm 7460. This coordination will not be a slgnlflcant issue during design or
consiruction.
_._._._._.�_________��
� _.., � �,
Sfatemenf of Qualiliaalivns for the Gl[y of DeAtort (RFQ No. 9893) �-
Professlona! Servlces and �nqineerrn.q Desipn of fhe Propased Denton Nafara! Gas Plpeline June 28. 20i i
'fexas Rallroar( Cammissfon Aeporting Requiremen#s. The Texas Rallroad
Commission (RRG} is fhe state agency charged witF� oversighi of nafural gas
pipalines ancf related facilities, For the installation of this pipeline fhere wiil be
severaf documents that are req�ired incfuding: A P-5 Organlzatlon Report
where the Clty of Denton wlll become a regisfered Operator; A T-4 Applicatron
for Permit to Operate a Pipelr'ne in 7'exas which will register the pipeline and
requires a detailed plat of the line; A PS-48 New Construotion Report which
must be filed 34-days in advance o# cons#rucfion; and, a PS-8000A Texas
Pipeline Questionnaire. 7hese #orms and the RRC rules are not a signifioant
dasign issue and we wi31 ass[st the City in preparaiion and submission of the
required forms. Forms and instructions may be faund on the RRC website
(h #p: //www. rrc. sta fe. tx. us/}
• 7C�Q Fiules: 7he 7exas Commission on �nvironmental Qualify (TCEQ) adopfed a new rule (Ghapter 106,
Subcha�ter O) effective in Aprif 201 ��hat pertafns specifically to oil and gas operafions in the Barnetf 5hale which
includes Denton County, Because the pipeline will carry sweet natural gas t�re requirements in this rule wiEf not apply
althaugh some em(ssions during construciion and during normal operations may fall under other TCEQ �ules. Other
rules that will appiy ta fhis prajecf wi�l be satfsfied by following #he Ctty's requirements and design rnanuals. The
TC�Q ruies should not p�se a significant lssue for t�e deslgn or construc#ion of th[s project.
5torm RrainJl}rainage Struciures: Along the proposed pipeEine route there
are severa! signiiicant �lrainage structures to navigate around. lt appears #rom
the City's project descrip#ion that easements along the south rlght-of-way Iine of
Jim Christal Road and the west line of Western Boulevarcf may avoid the
drainage culverts and bridges. ihe decision to employ open cut or horizonfaa
directional drill methods for #he pipeline insta![atfon at fhese crossing will masf
likely k�e based vn f[qod�lain and ESA issues, When boring across Wesiern
Boufevard toward the CHP plant the existing storm drain tines installed in
Western 8ouievarcE wi[I have #o be considered when boring under the
pavement. Recorc! drawings for Western �oulevard indicate a 5x3 bax culver2
was Instal[ed along the future median. The pipeline will cross near storm drain
s#ation 4�fl0 where #he flaw line of the box is at an elevation o# approxirriately 827.44 (which pEaces the bottom of fhe
box approximateiy 7-feet below the pasrement}. 7he gas pipeline bore wilf need io be placed at least 10-feet beEo�v
the pavement ai this crossing< Grossing and navigating around the various drainage structures alang ihe proposed
route should not pose a significant design or construction issue for ihis proJect.
�lood Piain Development Permits/L�MR: The proposed pipeline route .. , q_ , Y._�;�:. ._.}.._........;-....��..___;
crosses several tributaries to t�e bry �ork Nickory Creek af ar nea� exis#ing ��T.• -.; =�:.'':„ =`-- --°
roadway culvert ar bridge crpssings. Afl of #he major crflssings are icteMified on �` � �' � 1�� �E
� t 1 " ,.... �
the FEMA Flood Insurance Rate Maps {Number 48121 C Panels 0355G and ! �.. ��.�:.�- '.'�' j ���;-_ `
:. � � ��: �'-___�... ���_ �
o360G) as flaod pfain ar�as, Any areas wnere open cut pipeline instalfation •,: '•�-;=� ��•, x;, �;:;-: r,, f
E..:,:y ,,� � � . � � �.-
ocaurs will require coordination with the City of penton's floodplain �; �'. , �� l�; �„�;s �
. u�- �� r�• �
adminlstrator through the Deveiopment Review Committee process but will not �; :; ��.-. ���`�-� t:> i
��' � -
require a LOMR {Letter of Map Revision}. We will work wiih the City during the �;-,� ;: °` l: -��.�
conceptual design phase #o determine where horizontal direciional drifiing may -- - �— ��`
....._.,:�_;_�...- _ --.. -.:_:-..�
be a more desirable and cost effective alternative to apen cut. The meter site
area where a connection to Crosstex or ERterprise is desired shauld be carefully chosen io a�ofd placing It in the
#Ioodplain if possfble. By avoiding areas designafed as floodway and [imi#ing the work in that is done in a floodpfain
wlll reduce the patential need for a I.OMR. With carefu{ up-front planning this iiem should no# become a significani
d2sign or construciion issue,
_ �_.... �.....____—�
Section YT
Project Description
IV. Provide Pro�essional Se�wices to plan, and c��sign the proposed Denton. Nafuz�a� Gas Pipeline, in
accorda.nce with Section III, Scope of Seivices.
Secfion III
Scope of Services
V. PURPOSE:
The City of Denton is cur�ently seeking to award a cantract foi� �rofessional engineering design
services to assisi its municipally owned and operated utility, Denton Municipal Electric {DME},
in the planning and design of a nahi�al gas �ipeline to be located in Denton, TeYas. The natural
gas pipeline shail be designed such that natural gas seivice can be provided to indust��ial
custoz-in.ex�s in the industriai zon� that is in adjacent praYimity to the Denton airport.
The Ciiy of Dentaz� sl�all provide insta�uctians for obiaining any additional detailed technical
in�o��tnatianregarding this project at: http;//www.cityofdentoii.can�/index.aspx?t�a�;e=397
Responden#s requesting information shall be requit•ed to e�ecute a con#'�dentiality agreement.
'�I. SCOPE OF SERVIC�S:
The City of Denton, through this solicitation and on behalf of its electricity utility, is seeking the
seivices of a Professi�nal Engineering Design fn•m to suppoi�t the City in a patential p�•oject in
Denton, Texas. The firm must be capable of designing all aspecis of a natural gas pipeline,
utilized primaY7ly to support a Iow voltage and rnedzuxn voltage electric dist�•zb�tion systems, on-
site disiributed generation, stand-by and emergency generation, ck�illed wate� and xefrigeration,
hot water and stearn, in a combined heat and power application for the puiposes of serving
industrial customers. Further, the �aaiuzal gas pxpeline shall be tlesigned such ihat natural gas
se�•vzce can be pravided to industrial customers in the indnstz•ial zone that is in adjacent proximity
ta the Denton ai��port, .
This project effort will include, but nat be limited to, preparatian of construction plan.s and
documents, development of probable_ construction costs, identification of righ#�of way
requirements anc� any necessary and additional ROW acquisitions that have not already been
ob#ainec�, id�ntification of matez�ials and approximate costs to interconnect with high �ressure
natu�al gas systems including costs of inetering, and identification of any additional steps
#luough the p�•ocurement and construction phases that may be nec�ssary to bxing the project to
compleiion. As the "Ownexs Engineer" the successful awarded firm shail also provide oveiall
px•oject managemen# expei�tise and fune#ional ovexszght of the pipeline const��uctit�n company in.
additional to perfoi�ning the work as definad in the Scope of �ervices.
Summary of Requireznents:
The gas p�peline is anticipated to be an eight inch stee� pipe�ine of approximately 12,SOO linear
feet in length that will be p�aced in a utility easeinent to �e develaped by the City. The pressure
of #he natural. gas pipeline at its termini�s shall be a minimum of 50� psig, The project will
PAGE 6 OF RFQ �F693
include installation o:f all mainline pipe, valves, fittings, "Tee's" wit�i installed blank flanges to
a11ow easy hookup and servzce to new industrial customers, required casiiig, pipeline mar�exs,
cathodic protectioz� test leads, as weIl as temporaxy f�ncing, clea�7ng and grading o£ right-of vvay,
tiitch padding, seals and backfilling right of way af�er pipeline instal�ation and filling the pipeline
with water to hydrastatically test cornpleted pipeline, dewatering, drying, teeing in, clean np,
iand ��estoration, retu�� of all unusec� material and all �vork necessa��y to construct and cflmplete,
The Ciiy envisions the pipelin� intarconnecting with two nearby high pr�ssure pipelines
(Ente��rise and CrossTex) with metei7ng from botia pi�elines. The term�nus of the proposed
pipeline �vill be nea�� the R,D, Wells substation, an e�isting e�eciric substation o�vned by Denton
M�tnicipal Elec�iic.
T�e selected Consultani's scope of services will be serving as the "Owner's Engineer" and will
include, bui not be limited to, the following itezns:
1. Public invalvemeni and meetings, including affected �andowners.
2. Projec# management
a. Oversight of the pipeline constructioz� company as well as conducting woz•k
associated with the scope af work adc�ressed in this solicitation,
b, Topog�•aphic and boundary surveying.
c. Pipeline deszgn in accordance wit�. applicable codes and stand��ds,
d. Routing plan.
e, Development and evaluation assistance of a solicitation for pzpelzne const�uction,
installation, testing and possible operation and nrzaintenance.
£ Wa#er and wastewater line reloca#ions, as well as any necessary elect�•ic a�nd otner
utz�ity relocation,
g. Required Signage.
h. �JVorking with and through the Denton Municipal Elechic Project Manager,
provide cooxdination of activities with Denton Municxpal Electric, City of Denton,
interconnecting pipelines, Texas Rail�oad Commissian, various utility providers
and pei�rnitting agencies as necessary and appropriate,
Design services (see Appendix %r Project Design Cziteria) included as part of project delivery will
include, but may not be limit�d to, the �ollowing major tas�s:
�. Px•eliminary Design Phase:
a. Meet w�#h DME repx•esentatives to discuss and detei�mine the pxoposed design and
operaiional strategy of the pipeline, Recommerzdations for proposed znodifications to
besf rneet the needs of DME and the City of Denton and impiove aperating eff�ciency
and capacity will be discussed and a final pzoposed design plan fox• the pipeline will be
sub�nitted to DME for review an.d consideration.
b. Fzeld investigatio�ns of the proposed pipeline route to dete��ine cui7•ent site conditions as
well as existing utility sites and easements and tie-ins with existing high pressure supply
pipelines, �
a Develop a schematic layout of pipeline z•olrtes, including field suivey(s), if needed,
development of probable construction costs, and pipeline maintenance access analysis
information.
d. Prelitnina�y subsurface evaivation along the salected �•oute.
l'AGE 7 QF RFQ 4693
e. Perfo�rn a sub-su��faee evalua�ion and utility impacts assessment.
2. Final Design Phase:
a. Pxepa�'e detailed const�uciion plan(s) and speciiication(s) for submission to the Czty of
Denton's Procitremen# 5taf.f, and fax subsequeni constiuction purpases.
b. Prepare an initial schedule showing the activities of the design team and othe�•s during the
design and cons#iuction process. Engineer will upda#e the schedule at each submittal
point and recoznmend coxrective action to meet scheduled completion dates.
c. Prepare constructian documen#ation based on t�e design criteria developed during design
phase. Construction documents shall include all disciplines; site/civil landscaping,
excavation, and backfilling, azchitectural, signage/g�aphics, StTUC�L1Ta1, mechanical,
electrical, controls, and telecomz�-�unicatzons. Drawings and speciiications will be
reviewed at 25%, 50%, 90%, and 1b0% completion by DME and City oi Denton. DME
will c�etei�nine format and disti7bution of these submittals.
d. Pex•foz� full geotechnicai investigation far project st�ucfures, profiles and pipeiine design.
Pipeline design will be based on best zndustiy p�actices.
e. Coordinate utility relocation(s) for various �rovidez•s as needed. Design any xelocation of
any affected City water and sewer u�ilities as well as any other utilifies that are pzesent.
f�'zepaz•e a11 additional necessa�y peirni#(s)/application(s). The Respandent's solicitation
response should reflect a thorough knowledge of all permits necessary to construct project,
(Note; DME's contractor, Burns & McDonnell is �•espansible fo�• obtaining envu•omnental
peimits}.
g. Prepare a Meets and Bounds description of ROW tract(s) anc� easement documents as
applieable. Perfot•m an evaluatio�(s) to deteimine if a Letter of Map Revision {LOMR)
should be processed. LOMR praparation, i:Fnecessa�y, wiIl be included in scope of seivices.
3. Right of Way (ROyV}: P��avide support, as necessaiy, in the obtaining of any additional ROW and
easement acquisitions as requested by Denton Municipal Electria Note: Tha City of Denton is
responsible fo� ROW and easement acquisition.
4. Procuremeart Pliase: �'rovide technical suppoi�t d�uing the RFP procurement process including
preparation of all addenda as necessaiy, answering potential questians, and pai�ticipation in tl�e
canstruetion pre-subtnittal meeiing as well as providing teehnical assistance as neeessa�y far
evaluation pui�oses,
5. ConstrrYCfion Administration and Ins�ection Pl;ase: Show capabilities to pe��fo�rn fitil-service
conshuetian general administration and fuIl-time onsite representa#ion.
6. Maintain aIi records, analyses and calcu�ations zegarding the pipeline,
7. Proposed Project Schedule - The City has develop�d the following preliminary projeot scheduIe:
Issue RFQ
Response due Date and Time
Public Utilities Board Meeting
City Council Meeting
Notica to Proceed
Pxelirninazy Design Complete
Final Design Complete
June 6, 2011
June 28, 2011, 2:00 �.an. (CPT)
July 11, 2011
duly 19, 2011
July 20, 2011
Septemb�r 30, 2011
November 30, 2011
�'AGE 8 OF Rk'Q 9693
Construction Proposal Requirements Available
Cont�•act Awarded
Substanfial Completion
Decerzxber 30, 2011
January 13, 2012
August 17, 2012
Note: T/ie 5arbstarrtir�T Con:pletioii Date ofAugust 17, 2fI12 is a firtn dr�te.
VI�. D�NT4N MUNICIPAL ELECTRIC DUTIES AND RESPON�IBTL�TI�S:
DME will be x�espansible to the awarded contractor for ihe following tasks:
{1} Pro�viding in%zxnation concei�ning the proposed pz•oject that may be available in DME files;
(2) Infoiming the consultant of any known I7ME design pax•azx�eters or requirements;
(3) Assist in the coordiriation af all activities af the project;
(4) Ensu�•ing design criteria is specified ��ithin the salicitation;
(S) Obt�ining o�au� and environmental permits;
(6) Obtaining required z�aght-of-ways and/or eas�ments;
(7) Obtaining the geatechnical x•epoi�t and recommendations including boring logs with testing
data;
($) Preparing a prelimina�y site plan for plafting and pei�nitting purposes; and
(9) Civ� engineering necessaiy to obtain the final plat.
PAGE 9 OF RFQ 4693
Contr�.�t # 4693
St�.ieme�t o� C�ntra�t�r
�ua��fi��.t��ns �.�.d
�r� �s�d. �ro' ��t S�a��
� J
5fatement o1 Quafrficalions for the Cily of denton {1�Q No. 4993) ^ -
Professional Services and En.aineerinp Desi,an of the ProAOSed Denton Nale�ra! Gas Plpeline June 28. 20i i
I[�TRODUCTiOH
We are pleased to present this Statement of Quafi#ications detailing our understanding and approach ta the design of the
proposed Denfon Na#ural Gas F'ipeline. We hava a long history of serving the City of Dentan and Denion Muni�ipal
Electrfc (DME) anc! hope to continue that history by providing our unique capabifi#les on this proJect.
Long before the north 7exas natural gas boom, Teague Nall and Perkins was euitiva#ing a re(ationship wiih our strategfc
partner -- BIS iepsco. Over #he years we've shared work on various projects beginning with an 8-inch hi�h pressure gas
line relocation assacia#ed with a road widening project for the City of Euless. Over time we have collaborated on dozens
o# projects focusing on the natural gas inclusfry, Soma have been stnaf( and some have heen mu(tf-millfon dollar design
and constructfon management projects.
The Ecey to our re[aiionship wJth BIS Tepsco is that wa work wefl togefher, we have fhe same philosophy of providEng
responsive service and reliabie results, and we'�e implemen#ed software and design methodolagies fhat make us one
hundred peroe�t compatibfe. The beneflt to our clients is �hat we work in harmony and waste little sffort and iime on
desig� and drafiting changes to achieve consistency,
ln �reparing this proposal we drew upon vur experfence with slmilar projects and spent time thinking through the
requirements provided in the Request for Qualifications tRFQ}. For example, our methodology iakes a slightly differen�
appraach than the schedule presenied in 3he FiFQ. We think a conceptua! design phase is needed ta fufly develop fhe
requfrements for pressure, pipe size, interconnections, and other key design features, We also neecl to work vvith �the
City early in the project to identify critical crossings in environmentaBy sensitive areas. We expect thfs t� be a very
interact(ve process with the Ciiy's project manager.
Once we'�e gatf�ered data and identified the time crltical fssues, we can begin a preliminary design phase. Although
thare tnay be a few design meetings wifh the City we do not expecf to h�ve an official review untii the conclusion of the
prelirninary design phase, At t�is point, plans and specifications will be at a 90% stage and ready to b� submitted
ti�rough ihe City's Developrrteni Review Process to allow for input from muitiple departments, The Final design phase
wil! be an opportunity to refine the design and address C[ty comments.
There wili also be several coordination ifems requirec# on this projeci. In addition to coordina#ing wiih both Enterprise
and Crosstex, ihere are other pipeline operators in the area and crassing iheir lines wil! requlre coordination. Portions of
the pipeline are within the approach zone of the airport whlch will also require some level of coordination, Depending on
the alignment and construction teci�niques used there may also be coordination witt� ��MA and the Gorps of �ngineers,
None of ihe issues we've identif(ed wiEt ba insurmountab[e �or do we think iney will impact #he schedule for thfs project.
In our project approach we've aisa included usefui iniormatfon regarding the requirements of a pipeilne operator. Once
the line is instalfed and fn operation, there are state and federal requirernents for documentat[on and fraining of
personnei that must be followed. They may seem onerous but developing pipeline operation manuals and procedures is
samething aur team I�as done — we even operafe pipelines for some of our cliertts.
We think you wili find that the TNP/BIS Tepsco team is perfectly suE�ed far thls project. We are pfeased to be co�sidered
and we look forward to working wiih the City in the futura.
_ _ i
5tatement ol Qualifioations !or the Olty of Denton (RFQ No. 46sa) ^
Professional Serviaes and Entrfnserinq DesT.qn oJ ihe Proposed Denton Natural Gas Pfpe!!ne June 28, 20i 1
�4. Q�fAL1FiCATIONS 0� RESPONDING FIRN!
�irm Prafile - TRiP d'�� ��/���� ���.� ��� ������'�
o Serving governmeni entities in North Texas since i 976,
e Fuil-service civif engineering, surveying and lanc[scape arohitecture/plat�ning divisions in house.
a Ten (f0) principals with over 245 years of combined engineering experience operate ihe company.
a Currently serrring as City Engineer for ten (10) municipalities and two (2) utiliry districts in the Nort� Texas area.
e AutonomQUS design teams take or� projec#s and each taam ensures compleiion in a ti[nety manner, Teams consist
of a managing Principal, a Project Manager, engineering support stafi#, and technical support staff,
o TNP empfoys state-of-the-art lechnolagy, resourcas, and equipment on all projec#s. Each project is personaf�y
supervised �y one of the ten Principals. The Principal-in-Gharge and #he f'roject Manager are availabie to c[lents an
ali rr�atters.
.._. �._.._.____..____.._._._ _.----.---__.__________..__�...._..___.�_�_._.._�.,...._..._,..._...__._.----.---- ----___.__..�. _.__..�__Y__..._._._.._�-_r...,
� Staf# ufi approxiniately _I00 en�ployees in [our lacaf offiees. 7he breakdativn nf vari�us em�la�tes �iisciplir�s i� as�tofl�ws: �-�
,—�... _ — ,
� f0 � Prineip�ls ! 5
; ...... �._..._..::-----------..._...... ,.�._.,...
': :31 I Registe�ed Prnfessinnal Engine�rs � : _7
; _- —� --- - -
: 2 3Eructural Engineers ` 8
- — --- ----- –#--
-- -----__...___....__---------T—,._ .-;,_.... ----- ---.....------�--�-�
Re�istEr�d Prof�sslonal Land Surve3�ars ? 4 n ConsEruction inspectors �
. . ... .... . .. . .......:........:-�-----�-- — - -----;
._
Survey T��hnlcianslSupport Stafi � ; 1 r Clien[ R�Iations �tanage�.: �.. -: �. . . :: .::. .::
....._ .._....---- � _....__......_ .......................----........------
�urvey Crew GhiefslField Supp�ri � 2' Information Te�hnOlagy Protessi0r�ls
,
2 s 1'raffic Engineers ., �; `2 ; N�gistered �andscape Arehitec�s �
�..._.__.�__._-- ---- .............................:............ - �---_...______ --__.---..,
' 8° Graduate Enginesis {Ei7s7 � 2: L�ED kccretlited Pr�fessianals ;
F........ � . :. . ..... .... ..: .... .'_- . __'......... .. ....: .. ,....... . ............._...._..._.y
-z .
! : Senior.Prfljeet Mana�er . ; 3 �: landscape Designers : : : ;
;. ... ......-�------�--�------..__._._._.._, - - - -=
� 5 C�ttilied ito�dplain Managers l I Lieensed lrrigatnr
I :------ '
--- , .. .._-- - ----
� `1J � CA� Te.chnir�anslDesig�ers � 10 : Administ�ativelCisr�caf �up�ar� Staii__ ;
f�__..... �_ ....... ......._... .-----
--- ............. .... .....
f 7 : G!S Prviessianais ; < ;
.
....... ...
, Camppter Ptu�Ea�nr��� . ::: : :.... . . .... ;
. ....................:._.....�..._........-------.. _._..,
'; Right-ni-4�'ay Agents ;
-__".:_..:... ...._.__ ..._... ..... �
:
� UtiliFt/ Caartlirtatnrs. :° : ..: �... _:: .; ::�_::.` ;
------ ....... .. .. . . .. .. . .. .. . _ �
! Prnperty �elneation Specipiist
. . .,.. .
; Canstruciion i4lanager : : : . , `
Our multi-disclp[ined team oifers a tremendous depih of resources and knowledge ta compieie projeots in a timeiy and
professional manner. The strucfure of our team campositfon allows for peer review at each ie�el of the design
development in order to provide qualiiy eontrol and assurance. Current staffing levels wlll provide us with more than
sufficient capacity and availabiliiy to inaet your needs.
Firm Profile — BiS Tepsco ��� �����'�
With roots dating back tv 1909, BIS TEPSCO has evofved from a long traditian ofi servlce to the chemicaf, pefirochemical,
oil & gas, power, and heavy manuf�cturing industries. Our veteran team of industry professionals averages nearly 25
years of constructiarr, main#enance, englneering, and corrosion confrol experlence. Having successfully ir�p[emented
projecfs across ihe United States, our realm of expsrtise inciudes process plants, refiineries, powerhouses, pipelines,
stations, bu�k storage, and ierminal faciliiies,
WF�ether projects involve grassroots construction, expanslon, rrtalntenance, or derrtodition, we possess the experfise to
safely and productively execute the work. BIS TEPSCO's team manages projects wiih proven practices and procedures
that assure wark is completed on iime, within budget, and to #he highesi standards of quality.
Near[y 75 percent o# the company's bus€ness is with repeat custorners who ha�e come t� depend on BiS T�PSCO's
rnanagement and siaff. We believe this is a true reflection of BIS TEPSCO's eommitment to supply our clients with safe,
cost-ef�ective servlces.
Our Grand Prairie office oifars engineerfng services to assist our customers in the natural gas industry with their
engineering, design, and project management needs. We pravide a wide variety of management a�d engineering tasks
io ensure that system reliability, safety, and quality goals ara achievad and sustained. ihese tasks include detailed
design and redesign, analytical and integrlty surveys, AF� and capitaf project va�uaiions, proJect management, project
engineering, and regulatory compliance. We make this possible by empioying a staff vf versa#lle and solution-ariertted
englneers and managers experienced in the plpefine, manufacEuring and process industries. 7hey possess a broad
base o# ialent in civif, structural, pipmg, heavy machinery, elecirical, instrumentation, and controls.
— - ----�
�._.��____ ____. _ �
Statement ol QuallflcaUons lor the Cify of Danton (NFQ No. Qsss)
Arofessfonal Services and �n.4lnearinsr Desr.qn oi ihe Prot�osed Denfon Nalural Gas PiAeline
Mission Siatement
7o improve our commun(iies and meet our clients' needs by cioing the righ# things, right,
Core Bellefs:
. Llstening to our clients;
• Responsive service;
o Earning our clients' trust;
+ Esfablishing long-term relationships defined by ethics
and integriiy;
o Creative problem sofving;
• Implementing new technologies to increase ef#iciency,
improve quality, and enhance presantation;
• Providing a stimulating, supporEive, and rswarding
warlc env9ronrnent;
Services Provided
9
June 2S, 20ii
. Conti�uous leaming and .professional c€evelopment of
our staff;
� Growth thraugh recogn€zing and meeting c{ient and
market needs; and
.�3eirtg a stable and hea[thy an#erprise #or our clients by
achieving a reasonable return for our 3abors.
• �ur repufa#ian has been built on ihese fundamentals,
and we strive to (mpro�e and perfect ihese principtes
on a daily basis fn all #acets of our buslness.
QUALITY,IHTEGR1iY, REPUTA'fION, R�SPONSIV�NESS, and S�FtVICE..,
ihese principies define who we are and guide all that we da.
TNP's �nergy Services Group iogether with B[S Tepsco's Grand Prairie office
of�er a qualified team of professionals commif�ed to providing time{y and
responsive service #o our clien#s fn the energy industry. We have a proven
track record of managing projects iram design through construction as well
as providing ongoing rr�aln#enance and testing acfivities. Our team of
professionats work as an exiension af our clients' stafif giving the unique
abiiity of evaluating proj�ct viabifify before design begins, We also offer
exiensive experience with the design and construction of natural gas faci[ities
wiihin an urban environment. �ur professionals are some of tha best in the
industry when it cames to designing #acftities but we also know that our
clients' financial and con�ractual commf#ments are important. 1'hat's why we
strive to provide cost efficlent services in a timely manner throughout the life
of a projec#.
Together we offer several licensed professional engineers as well as cad
technicians and designers capable of wor�ing in a 3D design environment.
We use state-of-the-art design sofiware for deslgning liquid and gas
pipelines, analyzing stresses and surge potential, developing tesiing and
main#enance procedures, evaluating cflrrosion concerns an8 cathodic
protection needs, and preparing details to account #ar soil loading and
mavement. Our survey, right-of-way, and SUE (Subsur#ace lttiliiy
Engineering) personnel work closely with designers when routing a pipeline
to he(p avoid desEgn issues i# possible, We also reiy on strategic partnerships
with specialty firms when needed to addrsss geotechnical concerns,
environmeniai issues, or projects using spec9alty equipment or rnaierials.
Services include:
. project Management
• Feasib€Ifiy and Constructabiliiy Studies
• Safety and Qualliy Management
• Planning and Scheduling
• Estimating, Sudgets and Valuatlons
• Cost and Producf(vity 7racking
. Contract Administration
• Purchasfng
• Commissioning and Startup
• !'ipellne Routing
e Pipelfne Design
• Va[ve Stafions
• Metering Stations
o Compressor Stations
. Siie C�vi! ➢esign
e structural oasign
• R(ght-of-Way Aequisiiion
• Survey and Mapping Servfces
• Subsurface Utllity Er�ginee�ing (SUE�)
• Class Locaiion Studies
• Pipeline lntegrity Ntanagemen�
• Operatians and Malntenance
• Coafing Rehabil(tation Ptograms
. Asse# Appra€sals and Vaiva#ions
• DOT Regula#ary Compliance Prograrns
• Ca#hodic Protection
--�
._. �
Slatement ot Qual!llcailons for the City of Denton (RFQ No. 4683) -
Professi�nal5ervices and F�qlneefinp Deslqn of tfie Proposed Denlon Natural Gas Pi�elfne June 28, 20i i
Quali�y Assurance/Qua[iiy Control
TNP continually strives to expfore new and creative ways for solving ihe engineering needs of our clienYs and our
communiiies. Because technology continues to p�ovide new ancl innovative solutions to enginesring challenges, we
take each new project and compare it against past projects of similar scope ta det�rm(ne if there are better or more
effeciive ways of achiaving the goaEs o# fhe pro�eet, One of our approaches to problem sofving is through aur very
detailsd Qual�ty Assurance / Q�af[ty Control program as il[ustrated below,
7his QA/QC program was developed and adopted to guard against errors and omissions in prsparaiion of plans and
specificatfons. It lncludes cie#ailed oversigk�t by our most sxperienced principals t3�raughout ftae life ofi the proJect, as we11
as (n-house "third party" review by other engineers. The pttrpose of the program is to assist our offices in ful#illing our
goal of providing high quality services to our clients. While each design team engages in a certa�n level of qua[ity
contro[, a more formal pfan hefps ensure ihe cgnsistant quality of �'NP services.
�lements of a Successful QA/QC Plan:
1. QAJQC is addressed throughoutthe life of t�e prfl�ect. Key project milestones include:
Project lnitiation (i.e., prior to beginning detaifed design},
Preliminary Design (can range between 30% - 60% cornpletion),
Final Design (prior to bidding), and
Post-Construcifon.
2. The level oi quaEity con�rol IS i�OT dependent on the size of the project,
3. The process sirives to be thorough, buf nof cumbersame.
�. ihe program encourages input from persons vuiside the responsible design team.
5. li must become part of the design develap�'neni pracess, not an aiierthought.
6. Comments and input received must be shared with the entire design team.
Denton Natural Gas P€peline QA/QC Plan R2v�ew Procedure
The following review procedures have been tailored for this specific proJect ir� accordance with the �roject objectives and
our goals established abo�e. The procedure presen#ed befow establishes key milestones for this project and represents
the minimum level o# QA1QC we provide an every project. Throughout the oourse of this project and particulariy prior to
submiitals the QA/QC 7eam Leaders (Vickery and Sherriil} will be availabie for technicai gtatdance and interim reviews,
Additfonal fayers and steps may be added as oonditions dictate.
ProJec� Iniiiation QA/QC - (KICK-O�F MEETING)
Gaal: io get the praject started on #he right track.
When: Within approximately one week of beginning work.
Strategy: Project Manager tiNellbaum) and a[I 7eam �.eaders (Alcorn, Olivier, and Robersdn) to meet with the
QA/QC Team Leaders (Vickery and Sherrll!} to discuss Pssues (design, scheduling, budget, goals, and
personnel).
o Conceptua! 17esign QA/QC -�PRINCIPAL REVIEW)
Goal: To catch "big p�cture" errors and ornissions.
When: Prior to submlttal of plans or as an internal milestone.
Strategy: Project Manager (Wellbaum} wikl briefly present project to Principal(s}. Principal(s} will perfflrrr� "big
picture" review of the pfans. Typieally this will not invoive the QAIQC Team Leaders in an ei#ort to gain insight
frdm impartial review panel.
Final nesign Stage QA/QC -(DETAILED REVIEWS) �
Gaal; To "ready" the plans and specificaiions for constructior�.
When: F'rior to subrnittal of #inal plans #or bidding,
Strategy: Projeci Manager (Wellbaum) shall submi# pfans, specifications and estimates to the QA/QC Team
Leaders (Vickery and Sherril!) who wifl fndependentiy review the project prepare a wri�ten list of comrnenfs.
- --- - ,
- - - -- '
S�atement of Qua118cations (or the Clfyof Denton {RFC? No. 96s3) V 3:
Professfonal5ervices and EnpineerinA Deslpn of ihe Ploposed Danton Natura! Gas PiAeline June 28, 20i 1
Post-Construction QA/QC �(EVALUATE P�AN & SPEC QUALi'f1n
Goal: To learn fram our successes and mistakes.
WF�en: buring construction a#the prQject,
Straiegy: As cons#ruction progresses, Project Manager {Welibaum) wii! evaluate the strengths and weakness�s
of our construction plans and specifications. His notes will be distributed to the design #eam.
Lltiga4ion pisciosure
TNP is curren#ly involved in one lawsui� (Curran Kubes, et al vs. Teague Naq and Perkins, Inc.). An explanation €s
provided belaw. There are no cases, ourrenfly or in TNP's Eang history, thai af#ects our ability to perform on
contracts.
Curran Kubes. et al vs.7eaque Naii and Perkins, Inc, -- In May of 2010, a lawsuit was fiied alleging negligence by TIYP in
fhe design of a subdlvlslon. Jeffr�y Kubes was killed in an auto accident when he was siruck by another veh9cla pulling
out of a residential subdivision TNP designed ontn an arterial street in the Ciiy of Fort Worth. 7he suit has been
answered by TNP's legal cou�isel and will either be tried, settleci or dismissed in the coming mot�ths or years. The drl�er
of the vehicle thaf struck Mr, Kubes was also sued and that case was setFleci by ihe insurance campany. Multiple
responslble third parties have been enjoined to ihe lawsuit Includ(ng the developer oi the subdivision, anoiher
engineering firm invo{ved with the projeci, the screening wall designer, the wall contractor and the landsca�e installer.
Qoug Ray vs. City of Crowley and Teague Nall and Perkins, Inc,; In June 2009, a developer suad the City of Crowley and
TNP (as codeiendant} over regulatary floodplair� issues on his properly. TNP is under confract wit}t #he City of Crowley
to review development plans and subsequently provided rev�ew cornments to the developer's engineer regarding the
regufatory #loodplain and fioodway. The lawsuit is essentiafiy groundEess on legal and contract issues and will hopefully
be dismissed at some �oint in the near fuiure.
�- _ � ______._______�.__._.---�
Statement o! Qualilrcai7ons for fhe City of Dentort (AFQ No. 4esa)
Professlonal Services xnd �nqineerinA desi.qn of ihe Proposed £Jenion NaturalGas Pipellna June 28, 20ii
5. R�FER�NG�S
Be3ow is partia[ listing of our client references. We urge you to contact these clients regarding similar projecfs we have
performecE for them and their le�e1 of satisfaction wifh our firm. We truiy believe that they provide the bes# measure o# our
capablfities.
Mr, Dusiy Andersan, P.E.
Fleid and En�ironmentai
Ftepresentative
Cheasapeake Energy
301 Commerce Street, Suite 600
Fort Worth, TX 76102
817.870.5645 Phane
Bi7.810.9485 Fax
danderson@chkenergy. com
Mr. f3icharcE Cadte
5enlor Aracess C�nsuftant
Nlaoi & Assocfates, Inc.
1121 Aockingham Dr'sve
Richardson, TX 75084
972.�37.5136 Phone
872.437.5443 �'ax
rcadle@nicolaRdassoc. com
Mr. Stephen R �ngflsh, P,�.
Senior Engineer
Atmos �nergy Corporation
5420 LBJ Freeway, Suite 1800
Qallas, Texas 75290
214.206,2957 Phone
214.206.2132 �ax
Stephen. English@atmosenergy. com
Mr. Moustafa Goudarzi, P.E.
l�aciEities Engineer
Wiiliams Explora#ion and Praduction
6776 Carporaiion Parkway
F'ort Worth, TX 769 26
Si7.560.5033 Phone
817,244.7323 Fax
mousta(a.goudarzi@wllllams. com
Mr. Alvfn l.a Grenada, P.E,
Senior �ngfneer
Atmos �nergy Corporation
5420 LBJ Freeway, Suite f 800
Dallas, Texas 7524D
214,206.2723 Phone
214.206.2i32 Fax
A1vin.Lagrenade@atmas8nargy.com
Mr, Rob Haley
Senior Engineer
Crosstex Energy Services
250i Gedar Springs Rd, Sta i 00
balEas, TX 7b201
21 A.721,9965 Phane
Rob. Naley@Crosst ex�nergy. a om
iVlr. E. Omar Wernandez
5enior Engineer
Southcross Energy
i700 Pacliic A�enue, Su9te 2900
Daafas, Texas 7520i
214.979.3757
hernandez@southcrossenergy com
Mr. Mark J. l.ane
Pres[dent
Nico[ & Associates, lnc.
ii21 Rockingham Drive
Richardson, TX 7b080
972.437,9i 36 Pftane
972.437.5443 Fax
mlane @nicolandassoc.com
Mr. Laverle Morrow, P.E.
Presidenf
Quality Equipment Aesign, Inc.
�}246 South 74ih Easf Ave
T€�lsa, Oklahoma 74145
8i8.492.4019 Phone
9#8.492.71 i 0 Fax
lmorrow@qed-cap.com
Ms, zora Haoutpour, P.E.
Senior �ngineer
Atmos Energy Corporation
5420 LBJ Freeway,Suite i800
Dallas, Texas 75240
214.206.2729 Phone
214.206,2132 Fax
zora.taoufpourQatmosenergy. com
Mr. Ken Rusself
Manager
Link Fleld Serv[ces, lnc.
831 Hood Road
P, O. Box 1485
Mineral Wefls, Texas 76068
800,462.7199 Phone
krussell@llnlds.com
Mr, Chad Small
Vice President, Business
Development
DFW Midsiream Services
822B Douglas Avenue, Sulte 523
[3allas, TX 75225
214242.1959 Phone
chad,smaJl@df�vmidstream,00m
Mr. J. Ben Sparks
Facilitles Superfntendent
Wi111ams Explorafion and Production
6776 Corporation Parkway
F'ort Wnrth, TX 76126
817.560.503�4 Phone
817244.7323 �ax
J.SparksQwilliams, com
Mr. Andy Unverzagt, p.�.
DFW Midstream Services
8226 Dougtas Avenue, Suife 523
Dallas, TX 75225
2i4,242.1958 Phone
andy_unverzagt@d(�vmfdstream. com
Mr. Ste�e Vogl
Right-of•Way Supeivisor
Willlams Exploration and Production
6776 Corporation Parkway
Fort WorFh, TX 76i 26
Si7,560.5042 Phone
Sf 7.244.7323 Fax
Steve.Vog/Q wiiliams. � om
Mr. Patrfck Zeiter
Pres9dent
Zeit Energy
Two Lincotn Centre
542Q L8J Freeway, Suite 750
Dallas, TX 752�t0
21 �i.438.0806 Phone
patrlck@zeltenergy. com
�:__^� Y �
Statement of Qusliiications tof the City ol Denfon (RFO No. �683) �� _ �^
Pro(esslona! Servioes and Enqineerin,q Desipn ol the Proposed Danton Natura! Gas P1pelJne June 28, 2of i
Relevant Experie�tce to This Type of Work
CoServ Pipeline,- Collin CoUnty 7exas
BIS Tepsco �rovic[ed pipeline and cathodic
protection engineering, material selection, and�
construc#ion drawings to extend a single 6.626"
steel �afural gas �ipaline with a maximum
ailawab[e operating pressure of 560 psig from
an existing dead end to an existing measuring
staiion, The design also Incorporated coating •
specificaiions and connections to 1he dead end
line and m�asuring station. This pipeline
cavered a distance ofi approximately 3000 feet in
a growing urban envfronr�ent near Stacy Road
and S.H, 12�. Designing and constructing lines
in urban settings often involves a review vf City
and State planning documen#s for fu�ure raads
and utilities. In some cases this can often
invofve meeting with deveiopers and }�lanning
the aEic�nmen� around res�dential or commercial
developmenf. This IinE was constructed in 20D6.
DFW Mi[lstre�m Services Natural Gas Pipeline ]nsiallations -� Johnson. Ellis and Tarrant Countles
Over the last severa! years TNP together wiih BIS Tepsco has ;�;: ;_;� _. -� -- -°-
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been in�ofved in numerous natural gas projects for �FW `:::; ` . .:.:.::: : : .. �" . - : . �. . . ' ` . ' . � : -
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Midstream Services. These projects prirnarily involve large .:::;.; , . � _ -..::
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diarneter, high pressure natural gas line rou#e surveys, praperfy -�-• - `
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acquisition, and design. To date, we ha�a evaEttated �::... : � � -
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alternatives and assisted our client in routing, designing, and -- =-_-. `' =-° -
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constructing over 60 miles of pipelines �hrough exlsting ' � �� - � � `" �
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neighborhoods, power iransmission fine easements, city and
state .right-of-ways, and across regional sewer line easements.
Our relationships and ability to wor[c with numerous
governmenial agancies has been key to negotlaiing these -_
difficulf rouies. �'he 7Nf' survey department has surveyed -=�4�=�
almost 15 miles af pipeline routes under a varieiy of canditions -� '��r�
�==LL=r�;
and circumstances. About a third of the surveyed a]ignrnents -.t; ;;�
involved individual residentiai lots and backyards. The balance �=�-�� ="..
af the survey r�qulred conformance wiih rules and procedures . -��:,��..
[rnposed by gavernmental agencies and utilify companies.
7hese projects are a testament of the combined power of TNP and BIS 7epsco and demonstrate our abiliry io provide
responsive service and reliable resuits in a derr�anding and time sensitive envtronment. These projects invalved a varieiy
of engineering services including the foflowing design elements; pipeline, pig trap, rr�ain fine valve, valve yard, and
cathodic pratection engineering, material selection, route seleciion, alfgnrnent sheet preparafion, measurement and
regulation design, vendar coordination, vverpressure protection design, a/c mitigation design ancE installat+on, inte'rnaf
corrosion cantrol vendor coordination, in-iine inspection (tL1JSrnari Fig� vendor coordlnation, horizonfal dirsctional drill
(HDD} and conventional bore desi�n and bore profiite svaluation, regulatory complfance consuitation, hydrotes�
cons�ltation, hat tap design, and external loading calcu�ations.
�, �.____,
-- ------ - - '
Statement o3 Qualf�lcatlons for the Cily ol Denfon (RF4 No, 4893)
Professional Services and EnAirteer/nu Deslan of tha ProAosed Denton Natura! Gas Pipetlne June 28, 201 ?
Eaq[e Ford ShaIe P��eline and FactHtles — Nueces� Jim Wells, Duvafl, and Webb Counties
Sauth 7exas is enjoying a boom In o11 and gas productian
thanks to the Eagle Ford Shale formation and hydraufIc
fracturing techniques. Wiii� the drifling cornes a huge need for
pipelines and facilities and the TNF'/BIS Tepsco team is there
ta help. We are currently working together to pro�ide
engineering exper�ise on several projects in the area including
the design flf 18 miles of 20" natural gas and 67 mifes of 24"
natural gas line witYt MAOP's a€ 1200 psig and 1440 psig.
While the pipeline atignment covers largely open, agriculturai
Iand the design must also address environmentally sensifive
creek crossings and roadway crassings while minimizi�g the
d[sru�tion to the residents wE�o live and work in the area. Wiih
the new pipelines and expanded capacity afsa comes a need
to upgrade equipment and toundations at several facilities
along the rou�e. �ne particular siie required the deveiopment
of a unique con#ainrnent system to provide protection for a
series of tanks and vessels, Construction of #he pipeline and
portians of ihe facflity Is current(y underway with many m�re
projects to come.
Crosstex Compressor �acltities -- DFW Metroplex
When Crosstex needect an engineering consultant fo prflvide
design assistance f�r some Nor#h Texas sites they called on
the #eam of TNP and BIS Tepsco. We've provided some
unique sotuiions for handiing the temporary location of .
compressor units on several sites. The deslgn and drawings
had to be completed in a manner of days so cons#ruction
could be completed prior to the arrival of equipment. There
was no room for error. Or� a dffferent site, we developed a
design for the installation of a large containrnent foundation
system on soil that was much less than desirable. Because
the facillfy had to be operationaf in a sho�f period af time the
client was faced with eifher renting addit[on�l con#ainment
vessels ar relying on our abili3y to deslgn and construct a
coMaininent foundation on schedule. We managed #a have a
design completed, approved by the Gity, and constructed in
the field wifh days to spare. Wifhout the partnership of TNP
and BIS Tepsco, the client woufd have been calling a renial
company.
Statemeni of Qualificatiorrs for the City ot Oenton {RFt? Ho. 9893)
Professlonaf Seniices and �'nqlneerinq Desi.pn of the P�oposed Denton Natural Gas P(pellna June 28, 2011
Atmos Enerqv Comaressor Facilities – Various Counties In Texas
TiVP and BIS Tepsca cultivated the close working relat3anship
they enjoy by working as a isam to address various
challenges for Atmos Energy on compression facillties,
storage facilities, and pipelines. Together, we have cfesigned
foundations for nearly a dozen differeni facilities from sirnple
equiptnent pads to large compressors. Equipment has be�n
specitied for �ompressing, de-hydrating, metering, reguiating,
and valving the flow of gas through trartsmissEon pipelines .
#�at carry gas to custotr�ers around �he state. Wa've aEso
he�ped Atmos with cathodic profeciion engineering, materiaE .
selection and pracurer�ent, route seleciion, class location
and high consequence area evafuatlon, and reguiatory
compiianca cansultation. Our services cover a broad and
somet�mes unique spectrurr�. In addiilon to being their
natura! gas cons�itant we've also design a vehicular acoess
brfdge for one facifity and performed a post-incideni structural fiorensic s#udy fior anofner
partnership allows us to pravide a wide array of engPneering expertise, surveying servE
management while keeping the c[ient's projsct on schedule and deliv2ring the qUality they demand.
facility. Our strategic
ces, and construcilon
DFW Midstream 5ervices Compressor Faciiities —
Tarrant Countv
TNP and BIS Tepsca were a critieal part of a team of
engineers hired to builcE the #irsi natural gas compressor
sta#ion in the City of Arlington, V�le also had the challenge af
designing and permiiting the faclliiy around a schedule #Y�at
was extremely demanding with major equipment ordered to
be delivered on specific dafes. 7he pipeline routes to the
facility required campEex routing thraugh urban environments
and a rigorous permitting process. Onsite conditions
deteriarated rapidly due ta poor soil conditions and
unprecedented rainfall. Multiple contractors hac� to start and
work arounct each other like too many caaks in the lcitchen.
AIE of these issues required on-the-fly redesign and
adjust�nents to plans in order ta have foundations ready for
equipment and piping ready io delivery gas, ln fh� end, ihe
building permi� process caused a cfelay althaugh ihe pipe and
equiprnent were both reatiy to go. A simifar proJect was
progressing on the same schedula in Dalworthington
Gardens. With many ofi tha same site and canstructEon
conditians this pTOject was able to stay on track fhroughout
design, cons�ruction, and permltting. When working on high
profile, high capitai risk projeo#s our team understands the
irnporiance of going the extra mile in an effort to keep a
praject on trac€c.
�.� _—�
Sfatement of Quallftcatlons for lhe �ity ot Denton (AFQ No. ds93)
Ptofessional5ervices and E'n4lneerinp Desi�rn of ihe Pronosed Denton Natural �as PiAeltne June 28, 20i i
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Statement o/ Qualf/ica[ions /or ihe Clty of Denion {RFQ No. 4ss3)
Professional5ervices and �n.qineerirta Desiqn of the Proposed Denfon Natura! Qas Pipeline
Key Personnel
June 28, 20ii
MICHAEL W. WELLBAUM. P,E, � T�AGUE NALL AND P�RKINS I{�C.
Project Manager
Mr. Wellbaum has nearly 20 years of engineering experience anc� ourrentfy
serves as the pirector of TNP's Energy Services Group. He manages a rnuiti-
disciplined design team on various projects in the energy fietd. He has a passian
for serving cNenfs in the energy industry and his team has designed pad sites
and structuraf faundations and suppor€s for a varieiy of clfents in Nort� 7exas,
South Texas, a�d Olclahoma. The �nergy Servi�es Group has also performed
pipeline cEass location studies and has designed almost i5,00o L� of high
pressure natural gas pipalines currently operating in ihe metroplex, He is a
IIcensed professional engineer in the State of Texas -#Si935 and a member of
the 7exas Society of Profiessional �ngineers, the NationaE Enargy Services
Assoclation, the Natural Gas and Energy Assaciation of Oklahoma, anci Texas
Endependent Royalty Owners Associatian.
DANI�L R. A[.CO�iN. P.E., C.E.M., C.M.S.D. E31S T�PSCO. lNC.
Pipeline Design'fask Leader ,_.,_„___ --
As Program Manager far BIS Te{�sco, Mr. Alcorn is responsibfe for managing the
daily aperations of the Grand Prairis Engineering Group. He has extensive
experienee in regulated and de-regulated energy markeis across tF�e fulf
spectrum o� engineering, procurement, and consiruction. His core
compeiencies Inc3ude idenfifying, developing, and implerr,enting large
commerclal and industrial projac#s, naturaf gas pipeline construction and
rehabiliiation projects, oif and gas related civil and mechanical design; steel and
concrefe toundation design, roacf bore design, assistance wiih environmental
protecfion studies, etc:, and piping and instrumeniation {P&fD) design contral
systems. He is a licensed prafessional engineer in the State of 7exas (#79234)
and Arkansas {#14308). He is also an AEE Certified �nergy Manager and AEE
Certi#ied I]emand Side Management �'rofessional. His recent training inaludes
courses in ftSTR�NG, HDD design, and b�7 gas and liquids pipeline safety
regulatians.
JASDN P. OLIVI�R. P.E. TEACUE NALL AND PERKINS,INC.
Civii Suppori Task Leader
Mr. �iivier has over 7 years of �xperience as a deslgn and proJect manager for
both mur�icipal and private development clfenfs. His varisd experience inc[udes
the design of and management of private site developmeni projecis, natural gas
plpelines and process #acilit€es, as weli as municipal roadway, water, sanitary
sewer and drafiage projects. These pro�ects typicalfy inc[ude the deveiopment of
projact schedules, east estlmates, schematics, and filnal constr�ation p]ans. He is
a licensed professfonal enginaer En ihe State of Texas -#102303. He is a
member o# the Texas Society of Professional Engineers, the Arnerican Socieiy of
Mechanical Engineers and has comp[eted training in ASM� 631,8 "Gas
Transmission and Distribution Piping Systems",
tFJA$L'Ltil�t7'0° f?fi0f�S5;4ti�i. E+aQl.'[ERS
:�` '�nis Fara cen�t�s i�w� -
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IS 0 l.IR4i19�fd i'('4�e;gEti�aa),�ItgTq4Lf.
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�_ �
Statement oI Qualllications for the City of Denfon (R�Q No. 4BS3}
Professlonal5ervices and En�ineerin.q Deslqn ot the Aroposed Denton Natura! Cas Flpellne
June 28, 201 i � �
STEPNEN M ROB�fiSnN R.P.LS T�AGUE NALLANb PERKINS INC.
Survey Task l.eader
Mr. Rof�erson has Qver �0 years of pubffc and private sector surveying
experience and has been a Llcensed Arofess3onal Land Surveyor since 1982, Ne
is responsib[e for the day-to-day management of TNP's in-house survey
de�artment, which includes several Registered Professional Land Surveyors,
f+eld crews, Surveyors-in-Training, and a support sta#F. He has been instrumental
in iE-npiementi�g a quality assurance anc{ quality control procedure that minimizes
errors on righi-ofi-way maps, parcel maps a�d lega[ descriptians. Mr. Roberson
€s also responsible for the preparation of desorip�ions used for easements, righi-
of-way acquisitions, boundary conveyances, and annexations, His depariment
has been instrumental in preparing boundary and iopographic surveys for a
variaiy of energy services projeets fnc[uding natural gas pipeline routes, fiber
optic routes, and p�wer iine eorridors. His team is also experienced wilh
construction staking for pipelines �nd recording welci locations. He is a licensed
prafessional land surveyor in ihe Sia.te of iexas -#4090.
PAi1L N. SH�RFtILL, P.�. BIS'C�PSCU, INC.
Qualfty Assurance/Quality Control �--W---
Mr. Sherrifl brings ta ihe project team an extensive background in natural gas and
nafural gas liquids facility design and engineering support, His primary duiiss for
SIS Tepsca invoive sngineering and project management of new construction and
enhancement o# gas compression f�C1iEfi18S, Projec#s include addi�ion o#
compression at underground gas storage facilities, replacemeni o# eompressfon at
existing facllity while minimizing interruption of seruice, and designing mod3fications
at an existing facility to deliver additional g�s vo�umes. 7hat experience coupled
with hls involvemenf in developing piping and instrumenta#ion diagrams and
support of environmental quality re�iews makes him weli suited for the role of
quality assurance and quality control, His excellent organfzatfonal, cornmunicafion,
and planning skiils wil[ also help gulcle the Initial pian�ing process. He is a licensed
professiona[ engineer in the State of 7exas (# 57356) and Co[orado (# 35536),
r�xnssvt�ooFaao��ssior���aira�eas j
This card ceriities thet �I
P,UR-NELSt}N SHER,�iL[.
Is a k.l�er�sed Protessiaiaf �ngineer.
PE. L'csase h'sr�ber Sy:;s EullaiM 4sU
6rass acm� a�s�rzo,�
����$e�ybZ�y� tQ7E6i^�sort�C
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GARY L. VICKERY P E T�AGUE NALLAf�iD PEI�KINS 1NC.
Quafity Assurance/Quality Confrol -
t�XAS BOAFiR'OF PROFESSION1tLENG)NEER3
Mr, Vickery has 31 years of CiVfI >` �` -'"�
en ineerin ex erience and currentl :`-�'��!'is;c��i��ar��as'�hai-=-..,
J 9 P Y : �'.�amr.►� v�c,�mt, . ';>,
serves as a Princ(pal managing and �g �,i.lcvnaod P�qi4s�lqry�� �n�ln .r.
overseeing aperations in TNP's Denttin e�.����,. :-=,�<;s���.;::�:�° � o�
offiice. He is responsible for the cornpletion r�s ,; . ::���ct�v.E<�� ao�s
of a wide varlety of projects, �ncluciirtg ,e "
A .1 �".
supervlsfng and(or perforining drainage � o=�+.._ .� ,�:��:� �
studies, roadway reconstruction, water and . -
sewer �mprovements, floodplain reclamation, resldentlal and cornmercial
deveEopment, and major channeE Imprflvements (LOMR and CLOMR}, Mr. Vickery
has afso served, or is currently servtng, as the primary consu(tan# to severaE
municlpalities inoluding Willow Park for three years, Benbrook for one year,
Bartonvifle for five years and Denton County for two years, where his
responsibilities include construcfion pEan and plat ret�ews, drainage evalua#ions,
and other general municipal cansulting services. He Is a licensed professional
engineer in the State of Texas (# 72628) and in the S#ate of OKtahoma (#� 7858}.
� re
�� t�hi.:��to:��,� sr<<T�: no:sitn ar
�"�'� �,tc1:Y�t{a!s Faft PFtaFrss�ti,i.��.
� µ � ���tf��ll'.�Z� .��i� ��i,1i} ����;i��.1���ZS
�r
P� 17s�8
Garyr L. Vickery
I,?KCnkJ a.a P�ele�d�s�f f'niixsrr i od I+aar3�oiirsd
ip Pr�rllcr pro!itiLmat wglnmi2; le fei,t�hxna ani�t
3131l20t3
—._..____. �
Statement of G?ualllicatlons !or tha City of Qenton (RF4 No. ass3J ,
Professlona! Servlces and EhAineerinq Desi_qn of the Proposed Denton Nafura! Gas Plpellne June 28. 2011 �
KYI.E J. DYKES, P.E., C.F'.M, TEAGU� NALi. AND PEFiKINS, INC,
Hydraulics/Hydrology _ �W��, � , _„�„�,
Mr. �yices, a registered Professionaf '-�-�-�<:�'�-:;���-`�-'�'���'���"��.��..�
�n tneer and Certified F{ood lain ;�'�hls.C�i�l_Ctittjflss"ihak'-__,
g P ;:�� ��=a���v_n�s:,�..- .
Manager, has been vvifh TNP's corporate i� a:�t�ngfla;,p�ot�g�aQi�r.Gri��ne�r.
.1 r __ .. p.. ..__ _. �: " i �,
headquarters In Fort Worth, Texas for 'i0 Pf.lke::ej��,�riee.'-_•�-:?='<'.b� ;_; �,.�; Et`,�'r`,�sDad
years. He is experienced in hydrologic and �'��-`-� '� -.�°�"��'' .:=�'��12
hydraulic modeling, channsE and bank ,��� �
stabilization, s#orm drain analysis and �`�r�;��..- ���:���
desi 't t d ' d �
7exasFloodplaln Ma�agemcnt Assvctallon
���� .
Nereby Azknpwtedgss
xrG� ovxes
As A h+apianalfy Actredi ted
CERTIFlED fL00€7PLAlN Mb1NA6FFf
Certif[catiop No. o7$�J-OSN
�hls Certfttcation Is E�fecttva Untf= [>ecer�b�r Zt}11
gn, sant ary sewer sys em es�gn an
construcfion reuiew, and slte development planning and design. He has managed
and successfully completed numerous master drainage plans, le�ters of map
change (L�MCj, deten#lon (downstream assessment) studies and designs, and �
coordination of environmental permits (USAC�, and TCEQ). Mr, Dykes is an !
advanced user of AuiaCAD LDD, HEC-RAS, HEC-HMS, PondPack, GlS, �nd
StormGad, !n addition, he regularly pr�vides floodpiain management services, drainage study reviews, and aonstruction
pfan revfews #or severaf cities in NortF� 7exas.
BILL M. WUGHS P.E. C.E.M, C.M.S.D. BiS TEPSC� ING
Construction Management Task Leader - Mechanieal �
7ExAS�QtSRD'OF .P,P14f�.SSX�N;1C�Nt31�tEERS
Mr. Hughs is a Project Engineer wiih BIS Tepscds Engineering – Cvrrosion, & `•' This.card�ee�t11t3s'thal` .
Regulatory Compllance Services Group. With more than 33 ysars of energy :� :�'�������ex��?��s �
related cons�ruction, mainienance, and engfneering, regulatory compliance Mr. �Sa<��q�!�pa.�'ioi�ssloq�f.�nq(ngor,
5
Hughs is well suited for the rola of constructian rnana er on this ro'ect, He is PELk[zs�i'�;, -:=�::,;��,;�: :;:�., ;�,Q�y
9 p 1 aiva� .nc�: � �irv�a
particuiarly competent irr ihe areas of lntegriiy ManagemenE and cons#ruction " `. � � :.;:
rr�anagement relafed io: operations, eathodic �rotection, AC mitigation, chemical �.�.4. �.�' k
treatment of gathering lines, odorizing, compliance and maintenance af naturaf gas 9r.E `� '���,,��,,.�-� ��
transmission and disfribution pipatines, projsct tnanagement, gas maasurament
and regulatory compllar�ce. He is also capable af provEding assistance and
campliance with Texas fiai{road Commission Audits. Mr. Hughs is a licensed
engineer [n the State of Texas (#37763), an A�� Certified Energy Manager and
A�� Certified Demand Side Managernent Pro#essiortal. He has also ai#ended
numerous specialized iraining courses inc[uding the NTS Trenoh Excavatian Seminar - Competent person �xcavation
Safety, Underground Damage Prevention �iule, Pipeline & Gas DistributEon Safefy Emergertcy Response, 'iexas Railroad
Commfsston Aublic Awareness D€g Tess Tralning, 2009 FERC Standards o# Conduct, and DOT Gas Pfpeiine Regulations
Workshop,
GL�N E. MARTIN TEAGIJE NALL A�(D PERKINS INC.
Consiruction Management Task Leader – Civil
Mr, Martin brings more than �0 years of civil consiruction expertise to the construction management team. As a TxD�T
Engineering Specialist and Projeet Manager he was responsible far aif #ace#s of construcfion for hlghways across the Fott
Worth b[sirict. In recent ysars he has been responsibte for managing fhe canstruction of compressor pads, valve and
meter sta�ions, and pipeline lnstallatlons. In some cases he has sirr►ple averseen the work of contractors for a client. In
o#her cases ha has lead the construction team on projeets when TNP was hired to func#ion as a general �ontractor,
NOTE: TNf' agrees ihat the key personne! asslgned to the Contract sha!! remain available for the entlrety of the proJect thtoughout fhe
term of the Co»tract as long as fhaf indlvidual Is em,oloyed by the Respondent or unless ihe City of Dentvn agrees to a change in fhe
key personnel .
� _.—._. _ �
Co�tract # 4693
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XI. PAYMENT AND INVOICES:
All responses shall specify terms and conditions of payment, which will be considered as part of,
but not control, the awaxd of a contract. City review, inspection, and processing procedures
ordinarily require thirty (30) days after receipt of invoice, materials, or services. Responses
which call for payment before thirty (30) days from receipt of invoice, or cash discounts given
on such payment, will be considered only if, in the opinion of the Purchasing Manager, the
review, inspection, and processing procedures can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E
McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to ma.ke
payment on completed orders within thirty days after receipt of 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.
X. TAX EXEMPTION:
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04
(F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under
this contract for the City of Denton may purchase materials and supplies and rent or lease
equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers.
Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09.
'���_ �1,�_ 1 \ - - � -� � ± � � 1L .- \ - - � �- � �- X'i�
Awarded contractor shall prepare and submit monthly invoices based on the estimated
completion of the major project phases. The invoice sha11 include a status report that will identify
the major tasks associated with each phase, a percentage completion of each task, and comments
regarding the status of each task. The invoice and status report shall be submitted to the City of
Denton and the City's Project Staff shall review such for completion and accuracy, prior to payment
authorization. The respondent shall complete Eathibit 1, Information Sheet for RFQ 4672.
PAGE ll OF RFQ �}693
1 _ .; ; . �, � 1�
i.
1>
�
Project Fee Schedule - As Approved by Denton City Council
December 13t", 2011
City of Denton - Natural Gas Pipeline
TNP No. DME11233
The professional fees for this project are divided into three main categories. Basic Services
involves the design and survey scope items necessary to prepare plans and specifications for
construction of the project and are billed as lump sum or fixed fee without regard to the actual
effort_ or tasks performed by the Engineer. Special Services involves construction administration
and miscellaneous tasks defined in the scope with actual effort billed in accordance with the
standard rate sheet for this project. Additional Services are tasks that can be perFormed or
managed under the contract with an approved scope and will be performed at a negotiated rate
either hourly or as a fixed fee.
Basic Services: The CLIENT agrees to pay the ENGINEER a fixed fee for BASIC SERVICES
as outlined in the Scope of Basic Services. BASIC SERVICES shall be billed monthly in
accordance with the following schedule and based on the ENGINEER's estimate of percent
complete on each phase.
Conceptual Design Phase Services (Fixed Fee) ..................... $ 132, 000
Preliminary Design Phase Services (Fixed Fee) ...................... $ 913, 000
Final Desi.qn Phase Services (Fixed Fee) ................................ $ 24, 800
Basic Services Subfotal ........................................................ $ 269,800
Special Services: The CLIENT agrees to pay the ENGINEER an amount equal to the actual
effort perFormed for SPECIAL SERVICES as outlined in the Scope of Special Services.
SPECIAL SERVICES shall be billed monthly based on actual labor and expense effort in
accordance with the standard TNP Energy Services Rate Sheet.. The following budgetary
amounts are provided for each phase and for planning purposes only. These amounts shall not
be construed as a minimum or maximum dollar amount for the effort required to complete the
associated task.
Misc. Services (Hourlv Fee) . ........................................................ $ 45, 000
Basic Services Subtotal ........................................................ $ 45,000
Additional Services: The CLIENT agrees to pay the ENGINEER based on a negotiated fixed
fee or an hourly reimbursable amount based on an agreed upon scope for the ADDITIONAL
SERVICES. The effort for these services shall be billed monthly.
Denton Natural Gas Pipeline (RFQ 4693) Exhibit D— Scope of Services, November 14, 2011
TNP No. DME11233 Page 8 of 10
Contract # 4693
Additional Negotiated Pricing
to be accessed
upon potential future approval by
Denton City Council
Denton Natural Gas Pipeline (RFQ 4693) Exhibit D— Scope of Services, November 14, 2011
TNP No. DME11233 Page 9 of 10
Special Services: The CLIENT agrees to pay the ENGINEER an amount equal to the actual
effort performed for SPECIAL SERVICES as outlined in the Scope of Special Services.
SPECIAL SERVICES shall be billed monthly based on actual labor and expen5e effo�t in
accordance with the standard TNP Energy Services Rate Sheet. The following budgetary
amounts are provided for each phase and for planning purposes only. These amounts shall not
be construed as a minimum or maximum dollar amount for the effort required to complete the
associated task.
Construction Administration Services (Hourly Fee) ......................... $ 175, 000
Basic Services Subtotal ........................................................ $ 175,000
Additional Services: The CLIENT agrees to pay the ENGINEER based on a negotiated fixed
fee or an hourly reimbursable. amount based on an agreed upon scope for the ADDITIONAL
SERVICES. The effort for these services shall be billed monthly.
Additional Agreement: The City of Denton reserves the right to access
the above pricing, prior to issuance of a solicitation for the public works
construction of the Natural Gas Pipeline and upon approval of the Denton
City Council, which has been previously negotiated between both parties
during the public procurement process for RFQ 4693, and allowed per
Texas Government Code 2254, and Texas Local Government Code
252.042.
Denton Natural Gas Pipeline (RFQ 4693) Exhibit D— Scope of Services, November 14, 2011
TNP No. DME11233 Page 10 of 10
i � • � � l`
- � . � �, � . � : .+;
'.. 1 : 1 � 1
SECTION VIII
Standard Purchase Terms and Conditions
Tk�ese standard Terms and Conditions and tlie Terms and Co�ditzans, Specifications, Drawings and
othei requirements included in the City o� T�e�ton's solicitaiion ax•e applicable to Contracts/Purchase
Qrders issued by the Gz#y of Denton herei�after refei�red io as the City o� Btiyez a�d the Se]l.ex Y�erein
after referred to as the Bidder, Contractor or Supplier, Any deviaiions rnust be in writing and signed by a
representative af the City's Procurement Depa�tment and the Supplie��. Na Terms and Conditions
contained in the Sellers Propasai i•esponse, Invoice or Statement shall seive to inodify the iex•�ns sei forth
herein. If there is a conflict batween the provisions on the face oi the Contract/Purchase Order thase
written provisions will t�ke precedence.
By submitting an Offer in response to the Solicitation, the Con#ractor ag�•ees that the Contract shall be
gaverned by the fallorving terms and conditions; iu�less exeeptions are c�uly noted anc� fully negotia#ed.
Unless otherwise specified in the Contract, Sections 3, �, 5, 6, 7, 8, 20, 21, and 36 sha11 apply only to a
Solicitation to purcliase Goods, and Sections 9, 14, 11 anci 22 sh�11 apply only to a Solicitation to
purchase Sez�vices to be pe�:fo�•med principally at the City's p2emises or on public rights-of-way.
1. C�NTRACTOR'S OBLIGATYONS. The Cantracto� shall fully and timely provide all deliverables
described in the Solicitaiion and in tize Co�tx•actar's Offer in sti7ct accordance with the te�ms, covenants,
and conditiox�s of the Contract and all applicabla F�c�eral, State, and local laws, x�u�es, an.d ��egulations.
2. EFFECTNE DATE/TERM, Unless o#herwise speci�ed in the Solicitaiion, this Contr�.ct shall be
effective as of the date the con#ract is signed by the Ciry, and shall continue in effeet i�ntil atl obligations
ai•e perfoimed in. accordance with the Contract.
3. C4NTRACTOR TO PACr�AG� DELIVER.ABLES: The Contractor will package deliverables in
aecordanee with good commercial practice and shall include a packing �ist showing #he deseription af
eaeh item, the c�uantity and �.�nit pzice Unless otherwise provided in th� Specifications ar Supplemental
Te��s and Conditions, each shipping container shall �e clearly and permanently marked as follows; (a)
The Cant�actor's name anc� address, (b) the City's name, addx•ess and purchase order or purchase release
number and the price agreement num.ber xf applicable, (c) Containez n�imber and to#al number oi
cantainers, e.g, box 1 of 4 bo:�es, and (d} tha number of the cantainer �6earing the packzng list. The
Cant�•actoz• shall bea�• cost of paekaging. Deliverlbles shall be suitabay packed io secure lowest
tx�ansportation costs and to conform to all #he requirements of con�mon carriers and a�y applicable
specification. The City's count or weight shail be final and conclusive on shipments not accompanied by
packing lists.
4. SHIPMENT UNDER ItESERVATION PR4HIB�TED: The Contractor is not authorized to sh�p
the deliverables t�nder resez�vation and no tender af a bill of lading will operate as a tendez of
delivex�ables.
5, TITLE & RTSK OF LQSS: Title to atad risk of ioss of the deliverables sha11 pass to the City only
when tk�e Cz#y actually z•ecezves and accepts the deliverables,
6. D�LIVERY TERMS AND TRANSP�RTATION CH�RGES: Deliverables shall be sl�ipped
F.Q.B. paint of delivery unless o#herwise specified in fhe Supple�nental Te�nis anc� Conditions, Unless
other�vise sta#ed in the Offer, tl�e Contractor's pz�ice shali be de�med to inclucle a11 delivery arzd
transpoz•tation charges. The City shall ha�ve the right #o designa#e what method of transportation shall be
PAG� 17 0�' RFQ �693
used to ship th� deli�verables, The place of delivexy sha�� be that set forth in the black of the pu�•chase
order or �urchase zelease entitled "Receiving Agency".
7. RIGHT QF IN�PECTi4N AND REJ�CTION: Tha City expressly reseives a11 rights under law,
including, but not lirnited to the Uniform Commercial Cade, to inspect tlae c�eliverables at �ielivery
befare accepting them, and to rej ect defective o�• nan-canfoz•nning delivarables. If the City has the righi to
inspect the Cont�•actar's, or the Contractor's Subcontractor's, facilities, or ihe deliverables at the
Contractor's, or the Contractor's Subcontractor's, premises, the Contractox s�a�� �Fuz.�isk�, o�� cause to be
furnis�ed, without additional charge, All 1�easonable facilities and assistance to the City to facilitate such
inspection.
S. NO �PLACEMENT 4F DEFEC'T'I'YE T�NDER: Eve�•y tendex• or delivery of deliverables �nust
fiilly con�.ply with aI1 provisions of the Contract as to time of delivery, quality, and quantity, Any noii-
complying tender shall cons#it�rte a bx•each and the Contractor shall nat have the i�ight to substitute a
confoi�ning tende�; pz•ovided, where the time for pei�ormance has not yet expired, the Cont�actor may
notify the City of tha intention to cure and may theii make a conforming tender within the time allotted
zn the con#ract. �
9, 1'LACE AND CONDZTXON OF WORK: The City shall provide the Contractox access to the sites
whe2e the Contractor is to perform th� services as rec�uired i� orde�• fo�� #he Cont�•acto�� to perform the
sex•vices in a timely and efficient manner, in accordance with an.d subjeot to the applicabl� security laws,
rules, and regulatioiis. The Contractar aeknowledges that it has satisfied itself as to the nature of the
City's service reqilirem.ents and s�ecifications, the locatio� and essential characte�ist�cs o� tl�e wark
sites, the quaIity and quantity of materials, equipment, labor and facilitzes necessaz�y to perform the
sezvices, and any otlier condition or state of fact which could zn. any way affect pe��formance af the
Contractor's obligations unde�� the conhact. The Contractor hareby releases and halds ihe City ha�•mless
from and against any liab��zty oz• elaim for damages of any kind or nature if the actnai site or ser�ice
conditzoz�s differ from expected conditions.
10. WOItKT'ORCE
A. The Corzt►•actoz• shall empioy only orderly and competent warkers, skilled in the pe�•formance
of the servicas which they will peifoiYn under the Conhact.
B. The Contractor, its employees, st�bcontz�aciors, and subcontractor's employees may not ��hile
engaged in participating ox� �esponding ta a solicitation or tivhile in the caiuse and scope of
delivez�ing goods or se�vices under a City of Dentan contract ar on the City's pz'opeziy .
i. use oi• possess a fi�earm, incluc�ing a concealed handgun that is iicenseci under state law,
except as �•equi�ed by the ter7ns of the contract; oz•
ii. use or possess alcoholic or other intoxicating ba�verages, illegal drugs o� con.#eolled
suhstances, nor rr�ay such workers be intoxicated, ar under the influence of alcahol or
drugs, on the j ob.
C, If the City or the City's rep�•esentative n:oiifies the Contractor that a�y worker is incompete�t,
disorderly or disobedient, has knowingly or �•epeatedly violated safety x•egtzlations, has possessed
any firearms, or has possessed or �vas under the influence of alcohol or drugs o�z ihe job, the
Contractor shall immediately �•emflve such workex� from Confi�act seivic�s, and n�ay not employ
stich woz•ker again on Cont�•act seLVices without the City's prior written consent.
It�migi�ation: The Contractor repr�esents and wa�xants that it shall comply with the requi�ements
of the rmmig�ation Reform and Control Act of 1986 and 1990 rega�•ding err�playment
verification and ratention of verification forms for any individuals hired on or afterNovember 6,
1986, who will pei�%i�rn any lahor oi• servi�es undar the Contract and the Illegal Immigration
Refot�m and Immigrant Responsibility Act of 1996 ("IIRiRA) enacted on September 30, 1996.
I'AGE 18 OF RFQ 4G93
11, COIVYPY,TANCE V4'ITT� HEALTH, SAFETY, AND ENVIR�NMENTAL ItEGULATXONS:
The Confx�acior, it's Subcontractors, and their respective employees, shali coniply fiilly with all
applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and
regulations in the performance of ihe services, including but not limited to those promulgated by the
City and hy the Occupationai Safety and Health Administ�•ation (OSHA.). In case of conflict, the most
stringent safety requirement shall govern. The Contractor shall inden�ify and holc� fhe City_ harmless
from and against a11 claims, deinands, suits, actions, judgments, fines, penaltzes and lxability of every
kind a�•isixag from the bx�each af tl�e Contractor's obligations under this paragraph.
EnvironmentaI Protection: The Contrac#or shall be in compliance with all applicable standa��c�s, orders,
or reg111ations issued pua•suant to the m�ndates of the C1ean Air Act (42 U.S.C. §7401 et seq.) and il�e
Federai Water Pollution Control Act, �s amended, {33 U.S.C. §1251 et seq.). �
12. INVOIC�S:
A, The Conta•actox• shall submit separate invoices in duplicate on each �ua•chase ox�der or purchase
release aftar each deli�very. If p�riial shipments o�� delivez�ies are authorized hy the City, a
s�parate invoice must be sen# for each shzpz�exat o�• delivery made.
B. Proper Tnvoices must include a unique invaice number, the pui•chnse order or delivery
arder niimber and #he mastez• agree�nent nunr�ber if applicable, #lie Department's Name,
and the name of the point of contac# for the Depa��tmeikt. �nvoices shall be itemized and
transportation charges, if any, s�a11 be listed separately. A copy of the bill of lading and the
freight waybill, wl�en applicable, shall be attachec� to the invoice, The Contracto��'s name and, if
applicable, the tax identification number on the invoiee must exactly match the in�ozx�aatzon an
tk�e Vendor's registration with #he City. Unless otherwise instiucted in writing, i�ze Ciiy may reiy
on fhe remittance address specified on the Contractox's invoice. �
C. Tnvoices for labor sliall include a copy of alI time�slieets tivith trade labor rate and detiverables
ordez• number cleariy identified. Invoices shall also include a tabulation oi work-hours at the
appropriate iates and grouped by work arder number. Tim.e billed far Iabor shall be limitad to
hours actually worked at the woik site.
D, Unless othei•wise expressly authoz•ized in the Contract, the Cont�actor sha11 pass thj.�ough all
Subcontx•act and other authorized expenses at actual cost without marlctip,
E. Federal excisa taaes, State ta�es, ar City sales taxes xr�ust not be included in the invoicad
amount,
� The City wi11 fi�rnish a tax exernption certificate upon request.
13. PAYMENT:
A. All proper invoices received by the City will be paid within thirty (30} calenda� days of the
City's z'eceipt of the deliverables ar of the invoice, whichever is late�,
B. �f payment is not timely made, (�ier paragraph A); interest slxall accrue on the unpaxd
balance at the lesser of the ra#e speci�ed in Texas Covernme�t �Code Sectio�t 2251.025 oa�
tiie maximt�m lawful rate; except, if payment is nat timely made for a reason fflr which the
City may witl��old payinent he�•eunde��, inte�•est shall not accriie until ten (l.0) calend�r
days after t�e g�-oun�ds for ��vithholding paymeut have been x•esol��ed.
C. Tf partial shipments o�� deliveries are authorized by the City, the Contractor wi11 be �aid for the
paz•tial shipment or delivery, as stated above, provided that the invoice matches the shipment or
delivery.
D. The City rnay withhold or set oF� the enti�e p�yment or part of any payment othe��wise d�ze the
Cantr�etor to such exten# as may be necessary on accoiint of:
i. delivery of defective or non�confoiming deliverables by the Coz�txacto�•;
PAGE 19 OI' RTQ 4693
ii. tlurd parry claixns, which are not covered by the insuranc� which the Cant�acto� is
required to pro�vide, ara filed or reasonable evidence indicatirzg probable filing of such
claims; �
�i. failiue of the Contiactoi� to pay Subcantxacto�:s, or foY labor, materials or equipment;
iv, damage #o the propei�ty of the City or the City's agents, eznployees ox contractors,
which is not covered by insurance required to be provided by the Contractor;
v, reasona�le evic�ence that tlze Contracto�•'s obligations will not be co�npleted ti�vithin the
iime specifieci in the Contract, and that the unpaid balance would not be adeqilate to
cover actual or liquidated dama�es for the anticipated delay,
vi. failure of fhe Cantrac�or to submi# proper invoices with a11 �•equired attachrnents and
suppoi�ting documentation; or
vii. �ailure of the Co�tractor to comply with any matei•ial provision of the Contract
Documents.
E, Notiee is hereby given that any awax•ded �x�m. who is in arz•ears to the City of Denton for
de�inqttent taxes, tlie City may offset indebtedness owed the City tk�.•oz�gh payment withholding,
F. Payment wz�I be made by check u�3less the parties mutually agree to paynae�.t by c�edit card or
electionic t��ansfez� o� fur�ds, The Cantractor agrees that there shall be no additional cha�•ges,
surcharges, or penalties to the City for payzne�ts znade by credit card ar electronic funcis t�ansfer.
G. The awarding or continuation of this contract is dependent iipon the availahility of funding,
The City's payment Oi�11�'s1�20I2S are payabla only and solely fi•om funds Appropxiated and
a�vailable for this contract, The absence of Appiopriated or other lavvfully a�vailable funds shail
rendez the Contract null and void to the exter�t funds are not Appropriated or available and any
deliverables delivered but unpaid shall be ��eturned to the Contractox, The Ciiy shall provide #he
Contractor �vritten notice af the failure of the City to make an adequate Appxopriation for any
fiscal yea�• to pa3� the amounts'due under the Confi�act, or the reduction of any Appi•opristion to
an amount insuf�cient to pe�•.rnit #he Czty to pay its obligations iuider the Contract, In the event of
none or �nadequate appropriation of funds, thexe will be na penalty nar removal fees charged to
the City.
14. TRAVEL EXPENSES: AIt t��avel, lodging and pex diem e.�penses in connection wifh th.e Cont�act
shall be paid by the Conhactor,
1 S. FINAL PAYMENT AND CLOSE�OUT:
A. If a DBE/MBE/WBE Px�og�a� Plan is agreed to and the Contractar has identified
Subcontrac#ors, the Contractor is rec�ui�•ec� to SLl�]TTllf a Contract Close-Out MBE/�VBE
Compliance Repoi�t to the Purchasing Manager no latei• than the IStI� calendar day after
completion of all tivork tinder the contaact, Final payment, retainage, or both may be withheld if
the Con#�actor is nat in compliance with the requirements as accepteci by the City.
B. The making and acceptance of final payment tivill constit��te:
i. a waiver of all cla.ims by the City against the Contraotoi•, except claims (1) which have
been previously assexted i�. w��ti�g and nat yet settled, (2) ai7sing from defective r�voik appearing
after fsnal inspection, (3} arising from failux•e of t�e Cont�•actoz� to comply with the Contract or
the terms of any warrar�iy specifiecl h�r�in, (4) arising from the Contk•acto�'s continuing
obligations under the Contract, including but not limited ta indemnity and warranty obligations,
ax• (5) arzsing under the City's right to audit; and ii. a waiver of all c�aims by the Contractor
against tl�e City other than those previausly asse��ted in -writing and not yet settled.
16. SPECIAL TOOLS & T�ST EQUIPMENT; If' the price stated on the Offer includes �the cost of
any special tooling or special test ec�ui�ment fabricated or req�ired by the Contractor for th� ptnpos� of
PAGE 20 OF RFQ 4693
filling this order, such special too�ing equipment and any process sheets related thereto shall become the
p3opei�ty af the City and shaIl be identified by fhe Confract�r as such.
17. RIGHT TO AUD�T:
A.. The Contractor agrees that #he representatives of the Office of the City Auditar or othe�•
authorized representatives o�F t�.e City shall have �ccess ta, and the right to atildit, examines, or
repxoduces, any and ali recorc�s of the Contracto�• related to tk�e pe�.�formance under this Contract.
The Contractor shall retain all stich recox•ds fo� a period of tiuee (3) years after final payment on
tl�is Contract or until a11 aiidit and litigatioii matters that the Ci#y has b�oug�t to the atiention of
#he Contraetar are z•esolved, whicherrer is langer, The Con#x�actox• agxees to refund to the City any
overpayments disclosed by any such ai�dit,
B. The Contractor shall include sec#zon a. ab�ve in all subcantracto�� agxeeme�ts e�ztezed inio in
connection with this Con#��aet.
18. SUBCONTRACTORS:
A.. If the Contractor identif ed St�bcont��aciors in a DBE/MB�/�BE ag��eed to Plan, tl�e
Cont�actor sha11 comply wi#h all z�equirements approved by the City. The Contractor shall not
initialiy emplay any Subconiractor except Rs provided in the Contractor's Plan. The Cantractor
shall z�ot suhstitute any Subcontracfor identi#�ied in the Plan, unless the subs�itute has been
accepied by the City in �vriting. No acceptanee by the City of any Subcantractor s�Za1I constztute
a wai�ver of any rights or remedzes o� the City with respect ta defecizve deliverables pzavided by
a Subcon�.�actor, If a Plan has been a�pro�ved, the Contractar is additionally required to s�bmit a
nion#hly Subcontract Awards and Expenditures Repoz•t to the Procurement Manager, no later
than the tenth calendar day af ea�h month.
B. Work perfor�ned for the Cont�actor by a�ubcontractor shall be purst�an# to a wz•itten contract
between the Cont�actor and Subcontractor, The iei�ns af the sl�bcontract may nat con�lict �vith
the tez•ms of the
Cont�•act, and shall eontain provisions that:
i, require that atl deliverables to be provided by the Subcontractor be provided in strict
accoz•dance wifih the p�•ovisions, specifications and tex7ns oithe Contract;
ii. px•ohibit the �ubcontiactor from fi�rther suhcontracting any pa�-tion of #he Contract
without the prior rxnitteii consent of ihe Ciiy and the Contractor. The City may require, as
a condition to such �ii�:thex sl�bcontracting, that the Subconi�actor post a�ayment bond in
fox'm, snbstarice and an�otknt acceptable #o tlie City;
iiz. i•equire Subcontractors to submit a11 invoices and applications for pa}Jments, including
any claims far additional payments, dannages ar otherwise, to the Contractor in sufficienf
time ta enable the Cont�actoi• to inelude san�e with its i�voice or application for payment
#o the City in acco��dance ��ith the te��rns of the Contract;
iv. require that ali Subcontractors obtain, anci znaintain, throizghout the term of their
contract, insurance in the t3�pe and atnaunis specified for the Contractor, with the City
being a named inszlred as its interest s3�a11 appear; and
v. iequi�•e that the Subcontrac#or indemnify and hoid the City harmless to the same axteni
as the Contracior is rec�ui�ed to indexn.nify the City.
C, The Cantractoz• shall be fuIly responsible to #he City far a1t acts and omissions of the
�ubcontracto�•s just as the Contractor is respansible for th� Coniractor's otivn acts and omissions.
Nothing in the Coniract shall c�eate �or the benefit of any sueh Subcantracto� any conti•aetual
relationsliip between the City and any such Subc�ntrac#or, nor shall it e��eata any obligation on
the pat�t of the City to pay o� ta see to the payment of any moneys d�e any such Subconti•acto��
except as may otherwzse be required by la�v,
PAGE 21 OF RFQ �693
D, The Co��t��actoz• s�all pay each Subconha.ctor its app�•opt7ate share of payments made to the
Coniractor noi later than ten (10) calenda�• days after receipt af payment from the City.
19. WARRAN`�X-PR�C�:
A. The Contracto�� wa�7•ants the prices quoted in the Offex ax� no higher thar� the Con#ractoi's
cuiYent prices an ozde�•s by others for like deliverables under sirr�ilar #ei�nis of pu�•chase.
B, Tl�e Contcactor cei�tifies: #hat the pxices i� the Offer have been arrived at independently
without consultation, commtinication, or agreement for the �u�•�ose of res#ricting competition, �s
to any matter relating to such feas with any other fi1m or with any competitor,
C. Tn ad.dition to� any other r�medy avail�.ble, tk�e City may deduci fiom any announts orved to the
Conti•actor, or otherwise recavez, az�y amounts paid for iterns 'rn eYCess of the Contractor's
current prices on orders by others for like deli�ve�ables undea• similaa• terms of purchase.
20. WAR.RANTY -- TITLE: The Contractor wax•zants that it has good and indefeasible title to all
delivexables furnisheci under the Contract, and that the deliverables are �zee and clear of all liens, claims,
sec�i�•ity interests and encumbrances. The Contractar shall inde�nnify ancl hold the City harmless fz•om
and against a11 adverse title clairns to the deliverables.
2i, WARRANTY — DELIVERABLES: The Coniractor �varrants and xepresents tkat aIl deiiverables
sold the City under th� Contract shall be fi•ee fi�om defects in design, wozkmanship or manufact���•e, and
conforin in all material respects to the speei�cations, d�.•awings, and deseriptions in the Solicita#ion, to
any s�mples fiixnished by the Contractor, to the te�ms, cover�ants and conditions of the Coniract, and to
all applieable Stafe, rederal or local laws, rules, and �•eg«iations, and indiis#�y cocles anct standards.
Unless otherwise stated in the Solicitation, the deliverables sha11 be new or x�ecycled merchandise, and
not used or reconciitioned.
A. Recycled deliverables shall be cleaily identiiied as such.
B. The Contz•actor may not litnit, exclude or disclaim the foregoing wai•ranty or any wa�•ranty
implied by lar�v; and any atte�r,pt to do so shaii be withaut force o�� e��ect.
C, Unless otherrvise s�ecified in the Contract ar by the manufacturar, the wai7anty period shal�
be at Ieasi o�e year or t�e manufacturer's warranty period, whichever is langer, fi•om the date of
acceptance of the deliverables or fi•om the date of aeeeptance of any replacement del�verables. If
during the �,va��anty period, ane or more of the above war�anties a�e breach�d, the Contractor
shall promptly upon receipt of demand either repair the non-eonfoi�rni�g deliverables, oY replace
the non-conforming deiiverables with fu11y confo��ning deliverables, at the City's option and at
no additional cost to the City, AlI co�ts inciden.fal to such repau• or replacement, including but
not limited to, any packaging and shipping costs sha11 be boi�ne exchisively by the Contractor,
The City shall endeavoz• to give the Contractor written notice of the breach of wai�anty within
thirty (30) calendar days of discovery of the breach of �varranty, but faihme to give timely notice
shalI not impai� the City's i•ights unde�� this section.
D. If the Contractor is unable o�• unwilling to repair or zeplace defective or non-co�fairning
deliverables as requ3xed by the City, then in addiiion to any other available remedy, #he City may
xeduce the quax�tity of deliverables it may be required to ptu•chase under the Coni�act from #ke
Contractor, and purchase conforming deliverables froin other soux•ces. In such event, the
Contractor shall pay to the City upon demand the incx•eased cost, if any, incu�7ed by t�e City to
p�ocuz•e such deliverables from another soua•ce.
E. If the Contractor is not the manufacturer, and #he deliverables are co�t�ered by a se�arate
manufactuxex�'s wa�•�•an:ty, the Contractor shall transfer and assign such manufacturer's warranty
�o the City. If for an� reason fhe manufacturer's �vai�anty cannot be �ially transfeiYed to the City,
#he Contractor shall assist and coape�ate with the City to the fullest exteni to enfarce such
manufacturer's warranty for the benefit of the City.
PAG� 22 OP RFQ 4d93
22. WARRANTY — SERVICES: The Contractar warrants and represents that all services to be
provided the City under the Contraot rvill ba fiilly and #imely perfoi�ned in a good and workmanlike
manner in accordanca with generally accep#ed indusfiy standards anc� �ractices, the terms, conditions,
and cavenants of t�e Cont�•act, and all applicable �'edei•al, State anc� local laws, rules or regulations.
A, The Contractor may not limii, e�clude oi� disciaim the foregoing watxanty ar any tivarranty
implied by law, and a�y attempt to do so shall be without foxce oa effect.
B. Unless othez�wise specified in the Cot�tract, the warranty period shall be at least one year from
the Acceptance Date, If during the �va��anty peiiad, one ar more of the above wai7aniies are
breached, the Cantrac#ar shall promptly ���on receipt a� demaz�d perform the sex•vzces again in
accordance w�#h above standard at no adciitional cost to the Ciiy, All costs incidenial to such
additianal performance shall be borne by the Contrac�or, The City shall endeavor ta give the
CQntrac#or written notice of the �reach of v�Tai7�anty within thirty (30) calendar days of discavery
of the breach warranty, but faihue to give txz�ely �.otice shall not impair the City's rights under
this section.
C. If the Contractoa is unable or un�viiling to perform its services in accordance with �he above
stanc�ard as required by the City, then in addition to any other available rernedy, the City may
reduce the amaunt of services it may be ret�uired to purchase under the Contract fi•om the
Conh�actoz•, and purchase conforming sez•vzces fi�om other sources. In such event, the Contractor
shail pay to the City upan demand the increased cost, if any, incuned by the City to procure such
services fiom another sotarce.
23, ACCEPTANCE 4F TI�COMPLET� OR NON-CONF�RMI.NG l)ELIVERA,BLES; If, instead
o� �•ec�uiz•ing immediate co�zection or �•ernoval and replacament of defective or non-canforming
delivera�Ies, the Cify prefers to accept it, the City may do so. The Con�rac#or shall pay all cl�ims, eosts,
losses and datnages attributable to the City's evaluation of and determination to accept such defective or
non-confox�nning deliverables. If any such acceptaz�ce occuzs pxior to final payment, t}�e City may deduct
such amounts as are necessat•y to compensate the City for th� diminished value of the defective or non-
canforming cieliverables. If the accaptanca occurs after final payment, such amount will be refunded to
the City by the Contractor.
2�. RIGHT TO .A,SSU�.A,NCE: Whenever one party to ihe Contract in good faith has reason to
c�uestion the other party's intent. to perfo��n, e�emand may be made to the othei pa.rty for wriiten
assurance of the intent ta perform, In the event that no assurance is given within the tame specif ed a:fte��
demand is xnade, the demanding .party may t��eat this failui•e as an anficipatory repudiation af the
Contract.
2S. STQP 'VS�ORT� NOTICE: The Ciiy may issue an immediate Stop Woz� Notice in t�.e event the
Contxactox� is obseitied perfoi7ning in a znannex tk�at is in violation of Federal, State, or local guidelin�s,
or in a manner that is determined by the City to be unsaf� to �ith�r life or propei�ty, Upon noti�ication,
the Contractar will cease all work un#i1 notified by the City that the violation o� unsafe condition has
been corrected. The Coniractor shall be liable �ar a�l costs incu�•��ed by the City as a result af the issuanea
of such Stop Woi•k Natice.
26. D�FAULT: T�e Canhactor shall be in defau]# under the Contract if the Contractor (a) fails to fully,
timely anci faithfully perform any of its materiai obligafiflns under the Contract, (b) f�ils to provide
adequate assurance of perfoi�nance under Paragraph 2�, (c) becomes insolvent o� seeks z•elief 12nder the
batzkruptcy Iaws of the Uni#ed. States or {d) makes a material misrepresenta#ion in Con.tractor's OfFer, ar
in any repart or deliverable required to be �ubn�itted by the Coni��actor to the City.
PAGE 23 O� RFQ 4693
27. TERlY�IlVA.�`XON FOR CAUSE: In the event of a default �by the Contractor, the City shall have t}�e
righ# to terminat� the Contract for cause, by written notice effeci�ve ten (10) calenc�ax• days, �,mless
othe��wise speci£'ied, after the clate af such notice, zmless the Contractor, within such ten (10) day period,
cures such defauit, ar pxovides evidence sufficient to prove to the City's reasonable satisfaction that such
defat�lt does not, in fact, axist. In addition to any other r�medy available under law or in equity, tl�e Czty
shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result
of the Contractor's clefaiilt, including, without limitation, cost of eover, reRSOnable attoz�neys' fees, court
costs, and p�•ejudgment and pos� judginent interest at the maximum lawfiil rate, Addiiionally, in the
event of a default by the Contractor, the City znay remove the Contractor from. the City's vendor list for
tiu�ee (3) years and any Offer submiited by the Cont�•ac#oz may be disqualifiad fo� up to three (3) years,
A11 rights and ieinedies undez• the Contzact a�•e cumulative and a�•e not e�clusive of any othez rzght or
reynedy p�•ovided by 1aw.
28. T�T�MINATION W�TH4UT CAUSE; The City shal] have tlie 17ght ta t�rminate the Contract, in
whale or in part, without cause any time upon thit�ty (30) calenda�• days' prior rvritten notiee. Upon
receipt of a natice of #ei7ninatio��, the Contz�actor sha11 proanptly cease ail fii�ther tivork pt�rsuant to the
Contract, with suck� exceptions, if any, specified in the notice of tern�ination. The City shall pay the
Contractor, to tha extent of fiinds App�opriatec� or o#l�e�wxse legally �.vailable for such purposes, for alI
goods delivared and services performed and obligations incux•zed prior to the date of termination in
accoxdance with the te��ms hereof.
29. FRAUD: Fraudulent statements by fhe Cont��actox• on any O#'fer or in any z�epoz�t ar deliverable
required #o be submitted by the Cont��actor to the City shall be g�.•ounds fo� the iernnination af the
Con#ract fox• eause by the City and �ay �esult in legal action. -
30. DELA'YS:
A. The City may delay schednled delivery or other due dates by written notice to the Contractor
i� the Cziy deems it is in its best interest. Tf such cielay causes a� i�.crease in #he cost af the wark
under the Contract, the City and the Contracior shall negotiate an equitable adjustment for costs
incui7�ci by the Cantractor i� the Cor�tract price and execute an a�iendment to the Contract. The
Contractar must assert its right to an adjustment within thirty (30) calendar days from the date of
�ecezpi af the notice of delay. Failure io a��ee on any adjusted pzice sha11 be handled under the
Dispute �Zesolution process specified in paragrapli 49, Hor,ve�vet, nothing in this provision shall
exeus� the Contt•actor from deiaying the delivezy as notified.
B, Neither party shall be iiable for any default oz• clelay in fihe perfoi�rnance of i#s ob�xgations
under tl�is Coni�act if, while and to the extent such default or delay is caused by acts of God, fire,
riots, civil commotion,labor disruptions, sabotage, savereign conduct, ox� any other eause be�ond
the reasonable contral of such Part�. In the event of defa��lt_ o�• delay in cont��act pex•�oi�nance di�e
to any of the foregoing cal�ses, then #he time for coznpletzon of the seivic�s �,uill be eYtended;
�rovided, however, in such an event, a conference will be held tivith�xx� three (3} business da�s to
establish a rn.utually agreeabie perioci �f tirne reasonably necessary to overcome the effect of
such fail�zre to parfoz�na.
31. INDEMNITY:
A. Definitions:
i. "Xndemnified Claims" shall inchide any and all claiins, demarids, suits, causes of action,
jucigments and Iiability of eve�.y cl�aracter, type ox descripiioi�, including all �easonabla
� costs and eYpenses of litigatian, mediation or ather altetnate dispute resolutiox�
nlechanism, including attorney and othe� p�ofessional fees for: (1) daxnage to or loss af
the propei�ty of any pe�•son (i�cl�iding, l�ut not limited to the City, #he Contractor, thei�•
PAGE 24 OF RFQ 4693
xespec#ive agents, office�•s, employees and subcontractors; the officez�s, agents, and
employees of s��ch subcanh•actars; and third parties); and/or (2) de�tth, bodily inju�y,
illness, disease, worker's coanpensation, loss of services, or loss of income or wages to
any pe�•son (including bui not Iimited to the agenfs, officers �nd amployees of the City,
tke Contractox, tk�e Contractor's subcontractors, and third pa�txes),
ii, "Fault" shall include ihe sale of defec#ive or non-conforming deliverables, negligence,
wiliful xnisconduct ar a bieacl� of any legally imposed st�ict liability standard,
B. THE CONTRACTOR SHALL DEFEND {AT THE QPTION OF THE CITY), INDEMNIFY,
AND HOLA THE CITY, ITS SUCC�SSORS, .A.SSXGNS, 0�'�'ICERS, EI�IPI:OYEES AND
ELECTED OFk'ICIt�LS �ARMLESS FROM AND AGAINST ALI.INDEVINIFIED CLA.�S
DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM
THE FA.ULT OF THE CONTRACTOR, OR Tk�E C�NTRACT4R'S AGENTS, EMPLOYEES
OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR'S
OBLIGATIONS UNDER THE C�NTRACT, NOTHING HERETN SHALL BE DEEMED "1'O
LIMIT T�7E 12IGHTS OF THE C�TY OR THE CONTRACTOR (IlVCLUDING, BUT NOT
LIMITED T4, T�iE RIGHT TO SEEK. CONTRIBUTIO�I) AGAINST ANY THIRD PARTY
�VHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32, TNSURAl�CCE: The follow�ng insura�ce requirements are appliaable, in addition to the specific
insurance rec�€�irements detailed in Attaclx�nent A. The si�ccessful firm shall procuxe and maintain
insuiance of the types ar�d in the minimum amounts accep#able to the Ciiy of Denton. The insui•ance shall
be written by a cflmpany licensed to do business in the Staie of �e.�as and sa#isfactoiy to the City of Denion,
A. General Requirements.
i, The Contractor shall at a minimum cai7�y insurance � the types and atxxot�nts i�idicated
and agreed to, as submitted to the City and approved by the City tivitl�in the pz•ociateinent
process, for the duration of the Contract, including extension options and hold over
periocls, and during any wai�aniy period.
ii, The Contractor shall p�•ovide Ce�•tificates af Insurance �vith the coverage's aitd
endoi�sements required to the City as veri�cation of coverage prior to contract execution
and within fourteen (1�) calendar days a$er written xequest fiom the Ciiy. Failuz•e to
provide the x•equix�ed Ce�tificate of Insivance may subject the ���ex to disqualificaiion
feom cansideration foa• awaxd. Tlie Contractor must alsa forward a Certiiicate of
Inst3xance to the City r�vhene�ver a previously identified policy period has expired, or an
extens�o� option or hold over period is exercised, as vezxfication of continuing coverage,
iii. The Cont��actor sha11 not commeiice work until the�rec�uix�ecl insurance is obtain�d and
iintil such insurance has beezt reviewed by the City. Appravai of insuz•ance by the City
sha�l z�ot relieve or decrease the liability of the Cantractar hereunda� and shall not be
eonstrued to be a Iimitation of li�bility on the pa�t of the Contractor.
iv. The Contractor must subnnif cextificates of inse�rance to the City for a11 subcontractors
prior to #he subcontractors comn�encing woxk on the project.
v. The Contractor's and all subcontractors' inszirance coverage shall be written by
companies licensed to do busiriess in the S#ate of Texas at the� tiz�ze the pal�c�es are issued
and shall be written by companies with A.M. Best raiings of B+VIi or betfez•. The City
�vill accept workers' compensation coverage written by the Te�as Workers'
Gompensation Insurance Fund.
vi. All endorsemenis naming the City as additional insurec�, �vai�vers, and notices of
cancellation endo�•semen#s as well as the Certificate o� Znsu�•anee shall cantain the
solicitation nt�naber and #he following inforrriation:
PAGE 25 OF RFQ 4693
Cify of Denton
Procurezx�ent Depaz•finent
901-B Texas S#reet
Denton, TeYas 76209
vii, Tiie "other" insurance clause shall not apply to the City where the Ciiy is an
additional insured shown on any policy. It is intended that policzes required in the
Contract, covering both the City and the Con#ractor, shall be considered prima�•y
coverag� as applicable.
viii. If insu�.�ance polxcies axe not written for amoiinis agreed to with the Cxty, t�ae
Contractor shall earry Umbr�lla or Excess Liability Insuz•ance for any differences in
amounts specified, If Excess Liability Tnszuance is provided, it shall follow the for� af
th.e primary coverage.
ix. The City shall be entitled, upon request, at �n ag�.•eed upon locatior�, and without
eYpense, to review cai�tified copies of polieies and endo��se�.ents the�•eta and may make
any reasonabla requesis for deletion oi• revision o�• xnodification of particular policy
terms, conditions, limitations, or exchisian.s eYCept �rhere policy provisions are
established by law oz a:egi�lations binding upon �ither of the pai�ties hereto ox• the
undexwriter on any such policies.
x. The City reserves th� �7ght to review the inslua�ice �equirements set #'oi�th during #he
effeetive perioci of the Contract and to make reasonable adjustments to insurance
coverage, limits, and exchisxons w%en deerned necassary and prudent by th.e Ci#y based
upon changes in statutory law, cou�-t c�ecisions, the claims history o� ihe i�dustry or
�zaancial condition af th� insurance com}�any as well as the Contractoz�.
xi, The Contractor sh�t11 not calise any insurance to be canceled nor permit any insurance
to lapse during fhe te�•�n af the Contract or as �•equired in the Contract.
Yii. The Contxactor shall be responsible for premiuins, deductzhles and self insured
zet�ntions, if any, stated in policies. All dedtictibles ox• se�� insured retentions shall be
disclosed on the Cer�tificate af Insurance,
�riii. The Co�tractor sl�all endeavor #o pi•ovide the City t�rry (30) calendar days' written
notice of erosion af the aggregate limits belo�v accul�ence limits faz� all applicable
coverage's indicated within the Cont�act.
xiv. The insi,u�ance cojTerage's specif�ed in within the solicitatian and i•equirements are
requued minimums and are nat ��tended to linnit the r�sponsibility or Iiability of the
Cont�actor.
B, S�eci�c Cove��age Requirem�nts: ,Speci�ic insuranee reqt�irements are contained in the
solicitation instrument.
33. CLAIMS; If any clai��, deznand, s�2it, or other action is assei�ed against the Con.#ractox• which aris�s
under ox co�ce��ns the Contract, or �nvhich conld have a material adve�•se affect on ihe Contractor's ability
to pe�form ther�under, the Conhactor shall give written rzotice thereaf to the City tivithin ten (10)
calendar days aftez �'eceipt of noiice by the Contractor. Such notice to the City shall state th�.e date of
notification of any such claim, damand, stut, ar other action; the natnes an.d addx•esses of iha claimant{s);
the basis thsreof; and the name of each �erson against whom such olaim is being assei�ted. Such notice
sha11 be delivered personally ox• by znail and shall be sent to th� City and to ihe Denton City Attorney.
Perso�al delivery to the City Attorney sha11 be to City Hall, 2�5 East McKinney Street, Denton, Texas
��zoi.
34. NOTICES: Unless otherwise specifxed, all notices, rec�uests, or other communications �equi�ed o�•
appropriate to be givez� ut�dex• the Con#ract slzall be in writing and shall t�e deemed delivered �ee (3)
PAGE 2G OF RFQ 4693
business days af�er posfmarked if sent by U.S. Pastal Service Certi�ieci or Registered Maii, Return
Receipt Requested. N'atices deiivered by other means sha�l be deemed delivered i��on ��eceipt by #he
addxessee. Routir�e comrz�unicat�ons rrzay be nnade by iust class mail, telefaY, oi other commercially
acc�pted means, Notices to the Contractor shall be sent ta the address specified in the Cantractor's
OfFer, o�• a# such other address as a party rnay noti.fy the othe�� in w�•iting. Notices to #he Czty skzall be
addi•essed to the City at 901-B Texas Street, Denton, Texas 76201 and marked to the attention of the
Procurement Manager, •
35. RIGIiTS TO BID, PROPOSAL AND ��NTRACTUAI, lYIATEItIAL: All maierial submitteci
6y #he Contractar to the City shall become propei�ty of the City upon receipt. Any poi�ions of such
material claimed by the Conh��etor to be proprietary must be cleatly marked as suck�. Detexznination of
the public nature of the zx�.ate�•ial is su6ject to the Tesas Publie Information Aot, Chapter 552, and Texas
Government Code.
36. N4 WA.RRANTY BY CITY AGAINST INFRINGEM�NTS: T�ae Confractax• rep�•esents and
war�a�ts to the City that: (i} the Conti•actoz• s�al� px•ovide the City good and i:ndefeasible titie to Yh�.e
deliverabl�s and (ii) the deliverables supplied by the Coniracior in accordance vvith the specifications in
the Conh�act tivi11 not infi�inge, directly ai coniributorily, any patent, trademark, copyrigl�t, t�ade secret, or
any oth�r intellectual prope��ty right of any kind. of any thud paa.�ty; that no claims have been made by
an�T pezson o�� entity with respect io the owr�e�•ship ox opez•ation af the delivez•ables and t�e Cantzactor
does not knaw of any valid basis foz• any sueh clairns. The Contractor shall, at its sole axpense, c�efen.d,
indemnify, and hold ihe City harmless fi•om and against all liability, dam�ges, �.T]C�. COSi5 �1riC�l�C�l�g Cbili'�
costs and reasanable fees of attoi�eys and o#her p�ofessionals) arising out of or resulting from: (i) any
claim that #he City's exereise ar�ywhere in #he world of the �•ights associated wi#h the City's' ownez�ship,
and if applicabie, license rights, and its use flf the cleliverables infringes the intellecti�al property rights
of any third pai�ty; or (ii) the Contractor's breach of any of Contracto�•'s representations or wa��anties
stated in this Contract. �i� the event of any such claim, the City sha11 have the right to monitor such claim
or at its aption engage its own separa#e counsel to act as co-caunsei oza the City's behalf. Fuxther,
Contractor agrees that the City's speai:ficafions regarding the deliverables shall in no vvay diminish
Contrac#or's wai7anties or obiigatior�s under this paragiaph and the City makes no wai7anty that the
productian, development, or delivery of such deliverables tivill no# impact such warranties of Cont�•actor,
37. CONFIDENTIALITY: In orde�• to provide the deliveiables to �he City, Contractor may rec�uire
access to certain of the City's and/or iis licensors' confidential information (including i�ven#ions,
employee infolmation, trade secrets, canfidential know-how, confidenti�.l business info�rnatioYl, and
other information which the City or its licensors consider con�dential) (coklectively, "Confidential
In%rmation"). Contractor acknowledges and ag�•ees that the Confidential Information is the valuabie
property of the City and/o� its licensors and any una�zthorized use, disclosure, ciisseminatipn, or other
release of the Confidential 7nfoirnation wiil substan#ially inji�re the City and/or its licensors, The
Conh�actoz� {includiz�g its ennptoyees, s��bcontz•actors, agents, o�• x•epxesentatives) agrees that it will
maintain the Confidential Info�mation in strict confidenca and shall not disclose, disse�inRte, copy,
divulge, ��ecreate, or ot�ei�wise nse the Confidential Infoi7nation without the prior written consent of the
Cit}T o�• ir� a manne�• not expxessly peimitted i�ndex• this .A.g�•eement, unless the Confidential info�•tnation is
requireci to be disclosed by lativ or an order of any court or other goverrunental authority with pi•op�r
jurisdiction, pxovided the Gonfractor promptly notifies the City befoi•e disclasing such infoixnation so as
to permit the City reasonable ti�n.e to see� axa approp��iate protective order. Tlie Contractor agiees to use
protective measures no less stringent than th� Cont�actor uses within its own businass to protect iis otivn
xr�ost valuable information, wkueh pxotee#ive measlues sha11 ilnde�• a11 cix��urnsta�nces be at least
reasonable measures to ensure the continued confic�entiality of the Confidential inform�,tion.
PAGE 27 OF RFQ �693
38, OWNEI2SHIP A1VD US� OF DELIV�RABLES: The City shall own all rights, titles, and interests
throughout the wox•ld in and to the deliver�,bles,
A. Patents, As to any patentab�e subject matter contained in the delivei•ables, the Contractor
agrees to dxsc�ose siich patentable subject matter to the City. Further, if requested by the Gity, the
Con.t�•actor agrees to assign and, if necessaz•y, cause each of its employees to assign the ez�tix•e
riglit, title, and inte�est to speci�c inven�ions under such patentable subject matt�r ta the City and
to execute, acknawledge, and deliver and, if necessat•y, cause each of its emplc�yees ta execute,
acknowIeclge, and deliver an �ssignment of ietters patent, iY a form to be xeasonably approved by
the City, to the City upon rec�uest by the City,
B. Copyrigh#s. As to any deliverables contai�ing copyrightable subject matter, the Con#ractor
agi•ees that upon their creation, such deliverables shall be considered as work nzade-for-hi�•e by
the Contractoi for the City and the City shall own all copyrights an and to such deliverables,
provided hotivever, that nothing in this Paragr�ph 38 shali negate the City's sole or joint
otivnership oi any such c�eIiverables arising by virtue of the City's sole or joint authorship of such
delxverables. Shoulci by operation of Iaw, suc� de�iverables not be considered works made-%�•-
hire, the Contractar hereby assigns to the City {and agrees to cause each of its employees
providing seivices to the Czty he�•e��nder to execute, acknowledge, arzd delivez an assigiunent to
the City of} all warZdwzde x•ight, titl�, and inteiest in and to such deliverables. Wi#h respec# to
such wor�C �aaade-fo�•-hire, the Contractor agrees to execute, acknowledge, and delivez• and cause
each of its employaas providing services to the City her�under to e.�ecute, ac�nowleclge, and
deii�ver a�vork-made-for-hixe agreement, in a form to be reasonably approvec� by the City, to the
City upon delivery of such delivera6les to the City or at such other time as the City rnay reqiiest.
C. Additionai Assignments. The Contractor furthet� agrees to, and if applicable, cause each of its
em�loyees to, axecute, aeknowledge, and deliver all applications, specifications, oaths,
assignments, and all other instruments which the City miglit reasonably deerr� necessaiy in orc�er
to apply for and ob#ain copyright proteetion, mask tivoxk xegistratian, trademark registration
and/or protection, lette�•s patent, or any similai� i•ights in any and all coun#�ies and in order to
asszgn and convey to the City, i#s successors, assigns and nonunees, the sole and eYClusive right,
title, and interest in and to the deliverables. The Contzactox•'s obligations to e�ecute,
acknowledge, and delivez• (�x• ca��se to be executed, acknowledged, and delivered) insh�iiments or
papezs sucl� as those describ�d in tl�is Paxa.graph 38 a., b., and c. sha11 continue after the
texmination of this Contract with respect to such deliveiables. 7n the event the C�ty sho�tld not
seak to obtain copy�iglit protection, n�ask work registration or pater�t pxotection for any of th�
delivera�les, but shoulc� desiz•e to keep the same secret, the Cant�•actor agrees to he�tt the same as
Confiden#ial Infoi�nation under the ferms of Paragraph 37 above.
39. PUBLICATIONS: All ptiblished material and written repoi-ts subrnitted under the Contract musi be
originally developed material ilnless otherwise specifically provided in the Contract, Wheii material not
originally deveioped is included in a report in any form, the soz�rce shall be identiiied.
40. ADVERTISING; The Con#�actox• shall not advei-tise or publish, without the City's prior consent, the
fact that the City has ente�ed ir�to the Contract, except t� the extent xequired by law.
�1. NO CONTIlYGENT F��S; The Cont�•actor �varrants �11at no person Qr selling age�.cy has been
employed or �•etained to solicit o� secure the Confi�act upon any agreem�nt ar �inderstanding fox
com�mission, percentage, brolcerage, o� contingent fee, eYCepting bona fide ez�p�oyees of bana �ide
established commercial or selling agencies maintained by the Cant�•actor for th� puipose of securing
business. For breach or violation of this wai7anfy, the Ciiy shaIl have the righi, in addition to any other
remedy ayailable, #a c�ncel the Cont�act tivithout liability and to deduc# from any a�nounts owed to the
PAGE 28 OF RFQ �4693
Contzactoz•, ox otherwise recover, the full ai.nount of such commission, percentage, bi•okerage or
coniingent fee.
�2. GRATLT�TI�S: The City may, by written notice ta the Cant��actor, cancel the Contract without
liability if it is defermined by the Ciiy that g�•atni#ies wez•e offe�•ed ox• given by the Contracior or any
agent or rep�•esentative of the Cont�•actar to any of�cer or employes of the City of Denton wiih a vie�v
toward securing the Cont��aci oz securing favorable treatment wi#li respect to #he awarding or amending
or the making of an� cletern�inations with respect to the perfortning of such contract, Tn the event the
Cont�•act is canceled by the City pursuant to this provisio�l, the City sl�all be entitled, in addition to any
other rights and �•etnedies, to recover or withhold the amount af the cost incuned by the Contractor in
providing such gratuities.
43. PROI�IBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No office�•, eznployae,
independent consul#ant, or elected official of the Gity who is invalved in the developmen#, evaluation, or
c�ecision�n�aking process of t�ae perfo�•mance o�F any solicitation shatl have a iinancial interest, direct or
indirect, in. the Confiract resulting from that solzcitation. A.ny wila�u� vxolatzon of this sectian shal�
constitute im�ropa7ety in office, a�ad any offic�r or employee guilty thereof shall be subjeci to
disezplinary actiox� up ta and incl�iding dismissal. Any vialation af this provisian, wiih the knowladge,
expressed or impIied, of the Cox�t�•acto�• s�la�l xender the Cantract voidable by the City.
44. IND�PENDENT CONTRACTOR: The Contract shall not be eonstrued as creating an
�exn.ployez�/eznpt�yee xelationship, a pai�tneiship, or a jomt venture, The Contractor's services shal� be
those of an independent contractor. The Contractor agreas and understands that the Contract does not
grant any rights o�• privileges establisl�ed far employees of #i�e City of Denton, Texas for the pmposes of
incame ta.�, withhalding, social security taxes, vacati�n or sick leave benefits, worker's compensatian, or
any oiher City emptoyee benefit. The City shall not have supeivision and contra� of the Confractor or any
employee of the Con#i•actor, and it is expressly understood ihat Con#ractor shall perfoi7n the services
hereunder according to the attached specifications at the gene�•al dix�ectian of ihe City Manager of the City
of Denton, Texas, or his designee under this agreemen�t.
�5. ASSIGNMENT-DELEGATION: The Cantract shall be l�inding upon and ensure to the benefit of
the City and the Cont�actor and the�• respeative successo�•s and assigns, provided hawever, tha# no right
or inte��est in the Contract sha11 be assignecl and no obligation sha11 be delegated by the Contaactoz•
without the px�iox written cansent of the City. Any attempted assignm�nt or delegation by the Contractor
shall be void unless naade iri confo�muty wiih this pa�agraph, The Ctintract is not intended to confer
rights or benefits on any person, firm ar entity not a party hereto; it being the intention of the pa��ties that
there are no third party beneiiciaries to the Con#ract.
46. WAIVER; No claim or right arising out of a breach of tl�e Contraci can be discharged in whole or iii
pai� by a waiver or renunciation of the clairn• or �•ight unless the waivex or z•enunciation is sup�oi•ted by
consideration and is in writing sig�ed by the aggiieved party. No tivaiver hy either the Contractor or the
City of any one or mox•e events of de�ault by #he �other pzu�ty shall operate as, a�� be coiis�ueci to be, a
pei7nanent waiver of any rights or obiigations unde� the Contzact, ox• ar� expx'ess or implied acceptance o�
an�y othez� existing or futnre default or defaults, whether of a similar or different character.
47. MODiFICATIONS: The Contract can be modi�ed oz• amended only by a w�iting sigi�ed by both
parties. No pre-pz�inted or sirnilar terms an anq the Contrae#or in�voic�, order or other doeument shall
have �y farce or effect to change the terms, covenants, and conditions of #he Contract.
PAGE 29 OF RFQ 9G93
48. INTERPR�TATION; The Contract is intended by the parties as a final, cornplete and excl�.isive
statament of tk�e te�•ins of thei�� agreement. No caurse of p��ior dealing between the pai�ties or course of
perfoi�nance or usage of #he trade shall be relevant to supp�ement or explain a�y te�m used in the
Contract. Although the Confract may have been substantially drafted by one party, it is the intent of the
paa�ties that all p�•ovisions be construed in a�nanner to be fair to both pa��t�es, z•eading no p�•avisions mo�•e
strictly ag�i�st one party or the other. Whenever a term defined by the Uniform Comnnercial Cade, as
enacted by the State of Texas, is used in the Contr�ct, the UCC definition shall contf•ol, unless otherwise
defined in the Contract.
�9. D�SPUTE RESOLUTIO�T.
A. If a dis�ute arises out of or z•elates ta the Cont��act, or the breach thereof, #he paz�ties agree to
negotiate prio�• to prosecutir�g a suit for damages. However, this section does not prohibit the
filing of a Iativsuit to toll the ilinning of a statute of liznitations or to seek injunetive a•elief. Either
parfy rnay make a�vri�ten request for a meeting between �epresentatives of each party within
fourteen (l�) calendar days aiter receipt af the request or such later period as.agreed by the
�ai�ties. Each part�T shall iuclude, at a mzrnim�um, one (1) senior level individttal with decision-
making authority regardi�g t�e dispute. The pu�pase of this and any subsequez�# zneeting is to
attempt in good iaith to negotiate a resolu�ion of the dispute. If, within thit�ty (30) calendaa• day�
aftex such meeting, the partaes have not succeeded in negotiating a resolution af t1�e dispu#e, they
��i11 p�•oceed directly io mediation as described below, Negotiation. rt�ay be waived by a written
agreement signed by both pai�ti�s, in �vhich event the pal�ties n�ay proceed dixectly to mediation
as describec� below.
B. If the effoi�s to �•esolve the dispiite t�uough negotiation fai1, ar the pa��ties wai�+e the
negotiation process, the pariies may select, witliin thu-ty (30) calendax• days, a mediator trained in
mediation skills.to assist with rasolution of the dispute, Should th�� choose this option; the City
and the Contractor agree #o act in good faith in the selectifln of the mediator and to gzve
consideration to qualified individuals nominatec� io act as mediatoz. I�Cothing in the Contract
prevents the parties from relying on the skills of a person �vvho is h•ained in the sub1ect rnatter of
the dispute or a conti�ct uiteipretation expe�•t. If the pa��ties fail to agree on a xn.ediato� within
thi�•ty (30) calendar days of initiation of the mediation pz•ocess, #he mediator shall be selected by
the Aenton County Alternative Dispute Resoltttion Program (DCAP), The parties agree to
pai�ticipate in �nediation in good faith �o�• up to thirty (30) calendar days fi•om the date af the first
rnediation session. The City and the Contractoz will share the mediator's fees equally and the
parties will bear their own costs of pa�-ticipation such as fees for aiiy consultants or attorneys they
may utilize to represer�t tlaen� oz• ot�erwise �ssist them in the mediation,
S0. JURYSDYCTION AND VENUE: The Contract is made under. and shall be governed by #l�e laws of
tlze State of Texas, performable zn Denton County, including, whex� applicable, the Uniform Commercial
Code as adapted in Texas, V.T.C.A., Bus. & Cornm. Code, Chapte�• 1, excluding any rule or principle
that would refer to and apply the substantive Iaw o� another state or jurisdiction. All issues arising from
this Cont��act shall be rasolved in the courts of Denton Coux�ty, TeYas and the parties agree to submit ta
the exalusive personal jurisdiction of such coui�s, The foregoing, howevez•, sha1l not be consf�ued az•
intei�areted to limii or ��esti7ct the right or ability o�tl�e City to seek and secure injunetive relief fiorn an�r
cornpetent autho��ty as contennptated herein.
Sl., INVALIDITY: The invalidity, illagality, or unenfo�ceability of any provision o� t�e Contract shall
in no way affect the validity or enfoxceabili#y of any othar portion or provisian of the Contraet. Any void
provision shall be deen�ed severed from ihe Contz•act and the balance of the Co�aixact shall be construed
and enfoxced as if the Cont�•act did not eotitain the particular poi�ion or provision helci to be voici. The
pa��ties further agree to refo�7n the Contract to z•eplace any stricken pravisio�� with a valid provision that
PAGE 30 OF RFQ 4693
comes as close as possible to the intent of the s#ricken provision. The provisions of this section shall not
prevent this entire Contz•aci from bei�g void should a provisian which is the essence of the Contxact be
detei�nined to be void.
52. HOLIDAYS; The �ollowing halidays are obs�rved by the Ciiy:
Holidav
New Year's Day (observed)
MLK Day
Memorial Day
�f� O� �Ll�y
Labor Day/Sept 11 observecl for Fz�•e Civil
Ser�ice em�Ioyees
Thanksgiving laay
Day Afte� Tharilcsgiving
Clu�istznas Eve (obs�rved)
Cluistmas Day (observed)
New Yaaa�'s Day (observed)
Date Observed
December 31, 2010
Januai•y 17
May 30, 201 ].
July 4, 2011
Monday, September 5, 2011
Nav.ember 2�, 201 J.
Noveml�er 25, 2011
Decernber 24, 20I 1
Deceznber 2S, 2011
If a Lega1 Holiday ialls on Saturc�ay, it �vill be observed on the preced'uig Friday. If a Legal ��oliday
�alls on Sunday, it will be observed on the following Monday. Nozmal hours of operation shall be
between 8:00 am and �:00 prrz, Monday through Friday, e�cluding Ciiy of Den#on Holidays. Any
scheduled deliveries or work performance not within the noi7iial hours of operation must be appraved
by the City Manager of Dentan, Texas or authorized deszgnee(s),
53. SURVIVABiLITY OF OBLIGATTONS: A11 provisions of tha Con#ract that impose continuing
obligations an fhe pal�ties, ineluc�ing but not limited to the watrant�, inc�emniiy, and confidentiality
obligations of tlie pa�•ties, shall survive the expiration oz te��nination of the Cantract,
54. NON-SUS�'�NSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited
from contracting with or n�al�ing prime or sub-awards to pa��iies that are suspeneied ox• debaxred or whosa
principals ar� suspended or debai7ed fiom �ederal, State, ar Cit�T of Denton Contracts. By accepting a
Conhact with the Cit�, the Vendor certi£'ies that its firm and its principals are not cuiYently suspended or
debarred fi•oxn doing business witk� the �ederal Government, as indicated by the General Services
Administration List of i'a��ties Exoluded fro� �'edex�al p�•ocu�ement and Non-Pt�ooux�ement Programs, the
Siate af Te�as, or the City of Denton,
55. EQUAL OPPORTUIVITY
A. Equal �mPloyment Oppo�•tunity: No Offeror, or Offeror's agent, shall engage in any
discriminatory employment practice as defined i� Ck�apte� S-4 of the City Code. No pe��son. shall,
on the groimds of race, sex, age, hartdicap, creed, color, or national origin, be refused the benefits of,
or be otk�extivxse subj ected to discriminatzon undex� any activities resulting fi•om ihis Solicita#ion.
B. Amerieans with Disabirities Act (ADA) CompIiaz�ce: No 4fferor, or Offeror's agent, shall
engage in an� discritninatory employment practice against individuals with disabi�ities as
deiined
in the ADA.
56, BUY ANIERICAN ACT-SUPPLI�,S (AppIicable to certaim federalI� funded requirements}
A. De£'init�ons. As used in thzs pa�agraph—
PAGE 31 OF RFQ 4693
i. "Component" means an article, n�ate�7a1, or supply inco2porated directly into an end
product,
ii, "Cost of coz�n.ponents" means -
(1) For co�nponents purchased by the Con#ractar, the acquisition cost, including
tx•anspoi�tation costs to the place of incoiporation into the encl prod.uct {whether ox•
not such costs axe paid to a dornestic fii�n), �nd any applicable duty (whethe�• or
not a ciuty-free entry certificate is issued); o�•
(2) �'or camponents manufactured by the Contractoi•, all costs associated with the
manufach�re ai the component, including t�anspoi��ttion cos#s as described in
, paragraph (1) of this de�nitzon, plus ailocable.overhead costs, but excluding
p��ofit. Cost of coniponents cloes not inclitde any costs associated with the
manufacture of the end product.
iii. °]�o�nestic end produci" �eans-
(1) An unmanufactured end product mined ar pa•oduced in the I7nitec� States; or
{2) An end prod�ict manufactured in the Uniteci States, if tkae cost af its
components xnined, prod��ced, or manufactured in the United Stafes exceeds 50
percent of the cost of ail its components. Coinponents of foreign arigin of the
sama class or kind as those that ihe agency detez•znines a��e not mined, produced,
oi manufactured in sufficient and reasonably available cozx�nnex•cial quantities of a
satisfactory quality are �freated as dom�stic. Scrap generated, callected, and
prepai•ed fot• pr�acessing in the United States is considered domestic.
i�v. "End product" means those a��tic�es, z�nate�•zals, and supplies ta be acquired
under the confi�act for publi� use.
v. "Foreign end product" means an end product other than a donaestic end
praduct.
vi. "United States" zneans the SU States, the District of Cc�h�mbia, and outlying
areas,
B. The Buy American Act (41 U,S,C, i0a - lIId) provicles a preference for domesixc end
pioducts fox supplies acc�i�ired faz ns� in the United States.
C, Th.e City does not maintain a list of foreign articies that will be treated as domestic far
thzs Coni�act; but will eonsider for approval foreign articles as donnestic �oz this product
if the aztxcles a�e on a list approved by another Governmenial Agency. The Offez�ox� shali
submit documentation with theii• Offer deinonstra#ing that the ai�ticle is on an appro��ac[
Gove��nental list,
Ja. Th.e Co�t�•actor shall deiivar only domestic end p�•oducfs e.�cept to the extent that it
specified delivery o� fo�eign end products in th� provision of tha Solicitation entitled
"Buy Ameriean Act Certif cate".
57. RIG13T TO INI+'ORMATY4N: The City of Danion reservas the right to use any and all in£oxn�ation
pr�sented in �ny response to this solicitation, whether amended or not, except as prohibited by law.
Selection of rejee#ion of the submittal does not affect this right.
�9. LICEI�ISE FEES OR �'.AXES: P��ovided the solicitation requi�es an awatcteci conhactor or supplier to
be licensed by the State of Texas, any and all fees and taxes are the res�onsibiliiy of the cont�actor.
60. PREVAiLING WAGE RATES: All Contractor's will be rec�ui�ed to comply with Provisian 5159a
of "Vernon's Annotated Civil Statutes" of the State of TeYas with �•espect to the payment of prevailing
tivage rates aud prohibiting discrimination in the employment practices.
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PA�'iE 32 OF RFQ 4693
61. COMPLIANCE W.iTH ALL STATE, F�DER,A,L, AND I,OCAL LAWS: The contractor or
supplier shall comply with all State, Fedezal, and Local laws and x•equirements. The Respondent mi�st
comply �vith all applicable laws at all tim.es, including, without limitation, the followixtg: {i) §36.02 of
the Texas Penal Code, which prohibits bt7bexy; (ix) §36.09 of the Texas Pez�al Code, w�ich prohibits the
offez•ing or confei�ing of bene�ts to public servants. The Respondent shall give a11 natices and comply
with all laws and regulations applicable to fiu�nishing an.d performance of the Contract.
62. �+'EAEItAL, STATE, AND LOCAL REQUIREMEN�'S: Contractor shall demons#��ate on-site
compliance with the Fedez•al Tax Reforni Act of 1986, Section 1706, �nending Sec#ion 530 of the
Revenue Act of of 1978, dealing with issuance of Form W-2's to common law ernployaas. Contraetor is
i�esponsible fflr bath federal and State unemployment insuxance coverage and standard 'Vilvzkex's
Compensation instu�nce coverage. Contractor shall ensure compliance tivith all federal and State tax
laws and withhoiding �•equiremen#s, The City of Denton shall not be liahle to Contractc�r or i#s
employees far any Unempioynient ar Workexs' Compensation covezage, ox• federal or State withlaolding
reqliirements, Con#ractor shali indemnify the Ci#y of T)enton and shall pay all cos#s, penaities, or losses
x•esulting from Contr�ctor's omission or breacl� of this Seciion.
63. DRUG I+'REE WORKPLACE: The contx•acior shali comply with the app�icable provisions of the
Drt�g-Free Work Place Act of 1988 (Pt�blic Law 100-690, Title V, Subtitle D; �1 U.S.C. 701 ET S�Q.)
and maintain a ci��ug-free work envix•onun�ni; and the final rule, governrnent-�vide i•equi��ements fox• dx•ug-
�i•ee �rork plaee (grants), issued by th� Off'ice o� �lanagement and Budget and the Department of
Defense (32 CFR Pa��t 280, Subpal�t F} to impleznent the provisiQris of the Dz�ug-�a•ee Work Place �ct of
1988 is incorporated by r�ference and the contractoi• shall comply with the rele�vant provisions thereof,
including an�r �mendnients to the fnal rule that may hereafter be iss�ied.
64. CONTRACTOR LIABILIT� �'OR DAMAGE TO GO`VERNNi�NT PROPERTY: The
Canfi�•actor shall be liable for all damages to government-owned, Ieased, or occupied property and
ec�uipmeni eaused by the Contractox and its employees, agents, subcontrac#ors, and suppliers, including
any delivery or cartage com�any, in connection with any performance pursuant to the Contrac#, The
Contractoz� shall notify the Ciiy of Den#on Procurement Manager in �vriting of any such dan�age within
one (1) calendar day.
65. FORC� MAJEUItC: '�'�e City of Denton, any Customer, anc� th� Can��actoz• shall not be
respansible foz� pex•foz•znance under the Can#ract should it 6e pi•�vented fiom pex�oxmance by an act of
wa1�, oxdex� af legal aufl�ority, act �of God, ox• other unavoidable cause not attributable to the fault oz
�zegligence of the City of Denton, In the event of an occw�ence unde�� #his Section, the Contraciox will be
eYCUSed fi�am any fiirther pexformance or observance of the requirements so affeeted fo�• as long as such
circumstances prevail anci the Cantractor continues to use camrnercially reasonable efforts to
recoznmence parformance or observance whenever and to wha#ejTer extent possible withoizt delay. The
Conta•actor shall in�nedia#ely notify the City of Denton Procu�•ement iVlanager �y telephone (to be
confiz�ned in writing within five (S) calendar days of the inception of such occu�a•ence) anc� describe at a
reasonable le��el of detail the circumstances causing the non�perfo��nance or delay in pei�forn�ance.
66. NON-WAIVCR UF RIGHTS: Failure of a Pa��ty to require perfoi7nai�.ce by anotk�e�• Pacty under the
Contract will not affect the i7ght of sueh Paz•ty to rec�uire perfo�7nance in t�.e future. No delay, failu��e, o��
waiver of either Party's exercise ox. pa��tial exercise of any rigk�t or remedy undex� the Carztzacf shall
operate #a Xixxtit, i�xi.pair, preclude, cancel, waive o� othe�•wisa affect such xight ar �•en�.edy, A tivaiver by a
Pa��ty flf an� br�ach of any term o� the Contract v�rill nat be consizued as a tivaiv�r of any co�.txx�uing or
succeeding hzeach.
pAGE 33 OT RFQ 4693
67'. NO WA,IVER OF 54VER.E�GN IMMUNITY: The Paz•ties expressly agree that no pz�ovision of
the Cont�act is in a�ny way intended to cons�it�rte a waiver hy tiie City of Denton of any immunities from
suit or from liability tl�at the City of Denton may have by operation of law.
68. RECORDS RETENTION; The Cont��actor shali retain all financial recax•ds,'suppoi�ting documents,
statistical recorcls, anci any other reco�•ds or books relating to the pe�•formances called for in the Con#raet.
The Contractor shall i�etain all such 3•ecords for a pe�•iod of four (�} pears afte� the e,�pi��ation of the
Contract, or t�ntil the City of Denton or State Audiior's Office is satisfied that all audii and litiga�ion
nlatters a�•e resoleed, vvhichever period is longar. The Contractox• shall grant acc�ss to al1 books, records
and doc�xments pei�iinent to the Cantrac# to the City of Denton, the State Ai�ditor o� Texas, a�d any
fedexal govei�unental entity that has authority to review recorcis due to fedez•al fiands bei�g spent �der
the Contract.
PAGE 3� Ok' R�'Q 4693
1.:: � ; : � � !
' ` . i: ', 1 ' 1= , 1 -�
.
�� � 1� . 1 �
Slatement of QuaU/icatfons far the CRy oI Denton {RFQ No. 4693) ` u�
Professfona/ Services end fnalnearina l7esian of the ProAOSed Denton Naturai Gas Pfbeline June 28, 20� i
arrac��E�Ts
A�rA�����r d
BUbGETAND COM�LfANCE QU�S710NNAIRE
This form shal) have heen campleted and submitted with the sollef�ation process.
1. Firm Name : Teague Nail and Perkins, Inc.
2. Address: 235 W. Hickory Stree#, Suite i 00, Denton, Texas 7620i
3. Tax Payer ID#: 75-164599i
4. Email Address of Primary Coniact: mwef[baum@tnp-online.com
5. Websiie Address: www.tnp-online.com
6. Telephone: 817.336.�773
7'. Fax: 817.336.2813
8. Other Lacatians: Fort Worth: i 100 Macon S#reet, �ort Worth, 7exas 76��32
Dalfas: i2160 �fortf� Abrams Road, Suite 608, Dallas, Texas 75243
Sherman; 200 North Travis Street, Suite 500, Sherman, iexas 75090
9. 4rganization CEass:
Parfnership
lndividual
Corpor�tion
Association
TNP ls a privetely owned Corporafion.
10. Date Esfabllshed: 1976
1i. Former Business Narr3.e: Teague and Nall Eng�nesrs
12. Date of Dissalution: 1979
13. Subsidiary of: None.
14. Hfstorically Underutillxed Business: No.
15. PrincipaEs and Officers:
Please detail responsibllifies with the name of eaoh pri�cipal or officer,
�ach of the foilowing individuals, acting in their capacity as an Officer of the Car�oration, Principal, and/or Director of
Surveying has full power and authoriiy to enter into coniracis, or ta execute and de3iver related instrumen#s and ofher
documen#s fo various �gencies, en#ifies, individuals and corporations, etc., on behalf of Teague Nall and Perklns, Inc. (the
"Corporation"), and that no coun#er-signat�.Ere is required on such contracts and documents in order #o maEce said eontracts
and documents fegaliy binding upon the Gorporation.
Mark fi. Berry, Principa! - CEO & Treasurer; Board o# pirectars
Michae] A. Jones, Principai - President; Board of Directors
C, Ty Hilton, F'rincipal -- Vice Presideni & Sscretary; Board of Directors
Stephen H. Roberson, Prfncipal, Directoro{Surveying
Greg D. Saunders, Prfnaipal
Gary L. Vici�ery, Principai
Mark J. Holiiday, Principal
Chrisfopher L. Schmift, principal
'fom Ru#iedge, Princlpal
Scott C. Wilhelm, Principa[
_� _,�.—.— �
Statement of Qual�flcatlons lor the Cfty of Denton (RF(1 No. 4ess) �`•''
Prolesslonal Sarvicas And fn4inesrin4 Desicrn of fha Proposed Denton Natura! Gas Plnelina Jun2 28, 2011
76. Key Personnel and Responsibifities:
Please detail responsibilit[es w�ih the name of each key personne{.
Rols & Respot�sibilitiea
Mark R. Berry, P.E. - Principal & CE4: Mark is responsib[e for the financ(al admlalstration oi the fi€m, as well as overseeing all markeiing and
business deveiopment acHv3tles. He also ts Principal�in•Charge of our Landscape Arch3tecture and Planning Department.
iNichael A. Jones, P.�, - Princ9pal & President; Mfice Ss responsible %r Human Resource Management, as wel[ as the $rms operaiions. He is
also Principai-in-Charge oi our Survey �epartmerrt and Stormwater Group.
G Ty Hiltan, P.E_ - Principal, Vice President, & Design Group leader Ty's primary responsibitity is Direcior oF Transportation. He also
oversees our RaW Acquisilion ConstrucHon Managernenf and Utiliiy Coor�iination groaps.
Scott C. Wilhelm, P.E. - Pri�tcipal & 17esign Group Leader: Sco## is Group l.eader ior several design ieams, concentraifng on public works
projects anc! private residential devefopment.
Greg b. Saunders, P.E. � Principal & Qesign Group Leader: Greg Is Group Leader for several design ieams concenirafing on public works
improvements pro�ects.
Maric J. Holliday, P,E. - Prinoipai & DaOas Oftice Manager. Mark's primary responsibllity Is management, mariceting and buslness
developmenttor the Dalias offiee.
Gary L, Vickery, P.E. - Principat & �enton O�ce Manager: Gary's primary responsibility !s management, markeiing and busfness
developrnent for the aentan ofilce.
Tam Ruiledge • Princfpal & Design Qroup Leac[er: Tom's primary responsibifity is Graup Leader for severa! design tearrES concentra€ing on
site deve)opment and public works improvement proJects.
Christopher L. Schmiti, P.E. • Sherman O�ca idlanager. Chris' primary responsibllify is project management, as well as markeiing and
bus(ness devefopmentior the Sherman of}ice,
Eiohert W. Jenkins, P.E, - TCaffic Engineering Manager; RoberYs primary responsibliiiy is project managemeni, as well as marketfng ancf
business deve[opment of our Traffic �nglnesring services.
Bfll Wimberley, P,E., R.P.L,S. - ROW/Construction Manager & Utiliiy Coordinafion tNanager, 8ill's primary rasponsibility is n�anagement,
marketing and business deveiopmant of our flOW Acquislilon, Gonatruction Managernent, and Lltility Coordinaiion Services.
Stephen H. RoBerson, N.P.L,S. - Dlrecior of Surveying: Steve's primary responsibility 1s fhe management of TNP's survey services and
personne[, inciuding proJect management for key c�ients,
Adam M. Whitfleid, R.P.I..S. - Denton Survey Manager: Adam's prlmary responsibil[ty is the project management oE survey services in the
Der�ton office.
Steve Hampton, R.P.I..s, . C�eodeflc Survey �vlanager: Sieve's primary responsibiliiy is the management of proJects, QA/QC and the
esiablfshment of survey control criteria and procedures for survey projects.
- �
Sfafement of QuaAfications (or ihe C1ty o( Denton (RFQ No. 4693) � � –�,
ProfessfonaJ Seivices and En4lneednp Destan of the Proposed Dentan Nalura! Gas Plpellne June 2s, 20i7
17. Number nf Personnel by biscipiine:
_---..--�-------.__-----..._.._...._......._. __. ................. ........_.....,........_...____.._.__..---...._.....---.....-----..._.....------..._-----.._.. ----_---
stpfl ai aptrroxiinately i0D emplayees iii :faai 1oca1 oftices. 7he breakd�ivii o[ various eaiplayee discinlines is.as falinti�s: ��
10 ; Principa!s
-.....,_..._..�__....... .. . ._........_...__.....
31 ; Asgistered Pro(essianal Engineers
- -- ._.,..._.... ................-----......__.
2 , Siructura! Enpine2rs
- 2 ! Trafiic Eng�neees :.;.. -:.: ": .::.. .:
S � Graduata Engineers )EJ�'sj
: -I ----_�_.--�------�.. ..........
! 4 Senfar Pr��ect Aianager .
-`---1... ___ ....: ............ ...... :'_...'--'-""---'
5 � Certi(ied Flaodolair� Fv4anaaets
6: Regist�red Prnlessional Land Suraet�ars
--._._.,_.. ....----. ._._...---._._..-�---- ...... ... ...:. .... .. ..
_: J ; Su�vey7eehn'sciansiSuppari Statf... ;
B T Survey Crevr Chieistfiefd Su�purt
, ..:.:. . . .....__ . ...: ._..._.._. .. _ ....._. _. , „ . . .
2 i R�gistered Lantlscape Ar�hitests :.°:::
. .. . .
2 ; LEED AccreditEd Prni�ssionals
_; _._._.._.___ __...._._...,,,,... ...._ ....:..:..:.....
� 3 ; Eandscape A�signer. _::..
_.—.__..._....----------___._.._ ............ .......
i Eisen�ed Err�aator
t�J ; CAD Techn�ianst0esign�rs----- �µiA.
i�i
7�GIS Prote55fonais �(
4 t. Consir�ctlnn tnspecims
_., _ . .... . .. . . . . ..... _. . ...: . . ..... .... .: _.......... .
.: t � Client �elatians hlanaAa� ... ... .: :
. . . .. . .. .......... ..... ... : .. _. ....
2 � tniarmatian Te�hnotogy Professionals
_.. .. .... . ............ .......... -. ---------
....
1. CDnlpl3taL�f�gC�fTltnaf. : - .-
_.,.__ ..�.. _ _.-.: - ---�_..._,.:.- ..:.. . : . :... . .
_:_9.j 1I1�11YC44ftiIR�Itl�3 :. ::..:.::. : _
1 i Proparly Ralocatinn Spscia►ist
. ...
Stafi . ; 1 i Conslruetion Mana€ser - -... . :: : .
18. Services F�ro�ided by Firm;
Pfease provlde a detailed fisting of aif services provic�ed by your flrm.
Civil En4fneerina
7ransportat(on Sysiem Inirastructure
TrafTic Engineering/Signal(zatton
Water System InfrasEruciure
Wasfewater Sysiem Inirasiructure
�foodplairt Management
Starm Water Facflities
Sife Oesfgn
1Natsr, Wastewater, & Slorm Water
Masier Pians
Structural Design
Land Daveloprnent
�nvironmental Permlfting
FEMA Map Amendments (CLOMRa & LgMRs)
Reglonal Uiillty SEudles
Energy Services
Pipeline Routing
Pipeline Design
Valva Statlons
MeFering Stationa
Compressor Stations
Sjfe Civll Design
Structural Design
Right-of-Way Acquisition
Survay and Mapping Services
Subsurfaca Utility �ngineering (SUE)
Class Locatfon Studies
Pipellne Integrity
R,�f hf-of-Nlay Acquisition
Route Feasibllity Siudies a�td Analysis
Surveys, f2ighi-of-Way Maps, lega! Descripilons
7itle Examfnaifon and Curative Actions
I'roperty Value Anafysls --Appralsal Reports
Comprehensfve {�eview of Appralsal Value Opinions
Araperty Acquisitions through Negoiialions
Relocaiion Assisiance
Closing Seroices
Support of Condemnation Actions
Property i�AanAgemeni
fltqiiy Caordlnatian/Englneering
Conflict Determinatlon
UtUlty Adjustment f'lans
Redesign of Roadway Elements to Eliminate Conflicts
Adjuslment Agrcement Pacfcages tor Relmbursable Work
Utllity Adjustment inspeciion
As•6uilt Plan Preparatfon
Constructlan Manapemeni
Value EngtneeCing
Cost Opfnions
8id Phase Services
Contract Administrafion
Resident Engineering
Rasident Project Represantaiion
Schedulfng
Quantity Accounting and Contractor f'aymenfs
Maferials QA/QC
Project survey conirols
Canstructian Staking
Project ftecords io seppod Agency Audits
Constructabllity Anaiys�s
Traftfc Control plan
Field and Change Orders
flecord Dra�vings
GovemmentaE Consaflinq
CapltaE improvement Alanning
Sond Planning
Street Condit[on EvaluaEions
Plan, Slie Pian, Zoning & Plat Reviews
Zoning &.Plati[ng Requirements
Annexation & Qeannexalion Agree�nents
Impact Fee [mplernentation
Subdfvision Ordinances
Consiruction Sta�dards & 5pecifications
Tharoughfare Planning
Car}�s of Engineers, TCEQ, & FEMA Requirements
Roadway Allgnment Studles "
Storm Waier Utilify Fees
QrantJLoan Applications
One-Hal# Cent Sales Tax Implementatton
Expert 4Vifness 7esiirqony
Surveying & Mapping
Qlobal posltioning Systern Surveying (QPS)
Computerized Mapping
Geographfc ]nformation Systems {GIS)
MonumenEation
Land, �asement, & Rfghf-of-Way Surveys
Des�yn &%pograph[cSurveys
Platiing
Rlghi-of Way, Praperty, & Easemeni Document Preparation
Construction Sfaking .
� � -------i
— --- — ----- — — �
Sfatemenf of Quallf+catlons foi the City ol Denton (RF4 No. 9asa} �
Professronal Services end Enqineerinq Deslpn o! the Proposed Denfon Natu�al Gas Pipelfne June 28, 20f 1
Subsurface litility Engir�eerinq
All Qualify Levels (A, B, C, & Dj Subsurtace Utllity Engineering
Eltility Layout Mapping
Fiald Pata Colfection
Ground Penetrafing Radar Services
Pier Hola �xcavaiion
Noq•tni�usive Aqus or Ai� Excavation
Prlvate Utllity Designation
Non-Metalfic Ufility Locafing
Utilily CondiFlon Assessment
Records Research And Reconnaissance
Dig Tess Management
Lan scape Acchiisci�re and Plar+ning
Park & Trail Design
Sports field Qesign
Streetscape Design
Landscape Design
Parks, Recreaflon & Traits Masier Plans
Landscape/Open Space Master Plans
Comprehenslve Masier Plans
Gampus Master Pfanning
tand Develapmeni Planning
Town Center/Transit Oriented Urban Design
Resldeniial/RetalllMixed-Use Desigr�
Qesign Guldelines
Design VisuaEizaiion Services
Zoning
Annexatfon
Feasibilily Studfes
irans�oriation
RaUte Studies
Schemaiics
Coordfnation of �nvironmantal Studies
Highway PS & E
brainage Ana[ysis attd Design
Bridge Layout and Deslgn
TraftIc/iTS, Analys(s and Design
iraffic Co�tt�'oi/Cotlst�uctlon Sec{ueYlaiog
Surveying - Right-oi-Way Maps
Surosying - Topographical Reslgn Survey
Subsurface Utility Englnsering
Utili[y Coordination
ROW Acquisiiion
5lreetscape/Landscape Design
19. Professional Liability Coverage, Error & Omissions, efc.
Sfte Develapment and Land Developmeni
On-Siie & Off-Siie Engineering
Qrading
Drainage Studfes & Siorm Dralnage Deslgn
Floodplairt Siudles & Aeclarrtation
FEMA Mapp�ng & 404 parmitting
Datention�Hetenlion Pond Desfgn
Storrn Water Pollution Prevention Plans
Water & Sanitary Sewer Design
Parking Lot & Roaciway Deslgn
Parimefer Road & Drainage lmprovemenis
OffSite Wa#er & Sanitary Sewet Extensions
O(E-Site Gas Line �xtansions
Irrigaifon Welfs
Consfruction Phase Services
Traific �n inp eerinc,�sianslization
lnterchange Feasibility Siudies
interchange Justiflcatlon Studies
Traftic Safety Studies
iraffic Impact Siudies
Signal Qesfgn
Signal 5ystem Deaign & Timing
Signing and Pavement Marking Des�gn
Site Access and Parking Studies
Speed Zone Studies
Corridor Studies
"Ihoraughfare Pianning Studies
Schema�ic Deslgn
Consfructfon Tra�ic Control Planning
TNP carrias ample amour�ts of insurance in the unlikeiy evenf of an insurance claim. We carry a$1,000,000 per
clairr�/annuai aggregate Prflfessiona{ Liabiiity poiicy; a$i ,000,000 (each accident) Workers Compensatian poIicy; a
$1,000,000 per occurrence/$2,000,000 aggregate Generai LEability policy; a$1,�00,000 (combined single lirrtif)
Automobile Liability policy; ancf a$4,000.000 (per occurrenee/aggregate) Excess/Umbrelia Liabili[y poiicy.
�rrors & Omisslons: TiVP has de�eloped a quality assurancelquaiity contrql program to guard agains� errors and
omissions in prepara#ion of plans and specificatians. Deiailed oversight by our most experienced principals througho�.tt
the ciesign process and in-hause "third party" review by other engineers are key aspecfs of that program. Frequerrt in-
house des[gn review meetings are conducted w�th every project, with appropriate dooumentation by the projeci
rnanager,
In the unl9ke{y event of an errors anc! omissions cJaim, TNP carries a$1 million per event professional liability insurance
poEicy as a precautionary measure. Higher covarage can ba obtained on a project-by-project basis.
�
Statemenf of 4ua11ficatrons lor fhe City o1 Denfon (RFO,Vo. 96s3)
Professiona! Sefwices and Enq/neerin.a Deslqn of fhe Proposed Qenton Nalura! Gas PiAelrne June 28, 20i i
20. Work Type — Distribution by PrvpQrt'ion of Annua! Average:
Work
Water
Siorm Water_.
Transportatfan
Energy Services
Site Development ti�
Annu�l Avg,
% of Total Proiects °/a of Tatal
2.6% � 2.i%
6.8°/a ----_.�._...... _....... 5.g%
i 4.2% �_ 32.4%
,
5.0% 1 _� _ 12.8%
'30.4°l0 , 22.5%
� �ther t2� --� 35.3% � 19.2% __!
1) 1ncEudes site engineering and surveying for schools, hospiEais, churches,
commerciaf & incEustrfal buildings
2) Other eategaries inc9ude surveying, inapping, parks, sports #iefds, traffic,
bridges, structures, landscape architecture, right-of-way services, SUE
and general consulting
21. Please indicate #he to�af number pf projec�s your firm has undertaken within the last five years?
' �' No. of '
; Year � �ro ects ;
; 20i 0 204 �
�2009 � 248 �
�---------=�—�
; 2008 ,� 253 j
�------- :
� Total � '705 �
;—_.___.._.
� _ Auerage � 235 __�
22. Has your com�any filed or been named tn any litigation invol�ing your company and the Owner on a contract
within the fasi five years under your currer�t company name or any other company name? If so provide details of
ihe issues and resnlution if availabte. Inclucle lawsuifs where Owner was invofved.
TNP is currently ]nvolved in one lawsuit (Gurran Kubes, et a1 vs.Teague Nalf and Perkins, Inc.). An explana#lon is provided
be[aw. There are no cases, currently or �n TNP's long histary, that afiscts our ability ta perform on contracts.
Curran Kubes. et al vs.Teague Na�l and Perkins. Inc. — ln May of 2010, a[awsuit was filed alleging negligence by TNA in
the design of a subdivision. Je#frey SCubes was EtillecE in an auto accident when he was struclt by another vehicl� pulling
out of a residential subdivision TNP designed flnto an arterial s�reet in the Ciry of Fort Worth. The suit has been
answered by TNP's tegal counsei and will either be tried, settled or dismissed in the coming months or ysars. 7he driver
af the vehiefe that struck Mr, Kubes was also sued and that case was seifled by ihe insurance company. Muitiple
responsible third parties have been enjoined to t�te lawsuit inoluding the develo�er of the subdivision, another
engineering firm involved wifh the project, the screening wall designer, the waff contractor and the landscape installer.
Dauc� Rav vs. Citv of Crowley and 7eague Na�i and Perkins, fnc,; In June 20�9, a developer sued ihe City of Crowiey and
TNp (as codefendant) over regulaiory floodplair� issues on his proper#y. 7NP is under contract with #he Ci�ty of Crowley
ta review deveiopment plans and subsequently provided r�view comments to the developer's engineer regarding the
regulatory fbodplain and floodway. The lawsuit is essentially groundEess on ]egal and contract issues and wilf hopefully
be d[smissed at some point in fhe near iuture. �
�
Statemenf of Quallficallons !or the Ci(y of Denton (RFO No. a693) �
Arofesslonal Services and �'n.qinaerin,q Desi.qn of !ha Proposed Denton Natural Gas PineJine June 28, 201 i
23. please provide at least (5) five references (preferably municlpa/1iJes) and confract amounts.
Contract Amounts; Multipfa con#racts ranging in value from $30,000 to �2,fl00,000 each.
1. City of Dentan
2�5 �. McKinney Street
Denton, 7exas 78201
9�0.349.8200 phone
2. City of �ort Worth
i 000 ihrackmorton Sfreet
Fo�t Worth, Texas 76102
817.392.2255 phone
3. City of Haltam City
4200 Ho11is
Haitom Cify, Texas 76117
817,834.9036 phone
4. City af Weaiherford
303 Palo Pinto St.
Weatherford, Texas 7608fi
817.698,4270 �#�one
S. City of Arlingion
101 W. Abram Street
Arlington, Texas 76010
817.459.6� S6 phone
24. Have you ever de#aulted on or failed to comptete a con#ract under your current company name or any other
company name? No.
If so, where and why? Give name and telephone number of �wner.
2�. Have yau ever had a contract termina#ed by the Owner? If so, where and why? Give name and telephone
number (s) of Owner (s). tVo:
26. Has your company implemented an �inployee Healih and Safefy Program oompllant wifh 29 CFR i910
"General Industry Standards" andJor 29 CFI� 192fi "General ConstructEon Standards" as they apply to your
Company's cusiomary activ[ties? Yes.
�}3Elp:II4VW�1'.OSYFB.EOVID�SIOS1]1WCbI9W£1STCII.SCACCti fomi?p doc �}�pe=STANDARbSRp tue level=l&p keyvalu�l92G�,
_ �
S�aterr�ent of Qualilicatlons for ihe City ol Denion (RFq No. 4esaJ
Protesslona! Sanilces and E'n.qinearin.q Desicrn of fhe Proposed Denfon Natu�al Gas Pipeline June 28, 209 i
ATTACHMENT E
SAFE7Y RECORD QU�STIONNAII�E
(Must Be Submiited with Proposa[ Response)
7hfs form shal[ be compieied and submitted w€th the soliciia#ion process.
The Clty af [?enton desires to avail itseif of ihe benefits of Seciion 252.0435 of �e Local Go�ernment Code, and cans9der
the safefy records of potential contractors prior to awarding contracts #or the Cify of Denton cantracts. Pursuant to
Section 252.�43{b) {8j) of the Local Government Code, the Ciiy of Renton shali consider fi�e safety record of a
respondent prlor to awarding contracts on City contracts,
The definition and criteria fior deferrnining the safety record of a respondent #or this consideration shalf be:
The City oi Denfon shalf consider the safefy record of the responden#s !n determining ihe responsibtlity theraof.
7he City may conslder any Incidence in�olving worker safety or safety af the cifizens of the Ci#y of benton, be a#
relate�i or caused by envfronm�ntaE, meehanicai, operational, supervision or any other cause or fac#or.
Specifiically, the City may consider, among oiher #hings:
a. Complaints to, or final orders enterecE by, fhe Occupatior�al Safe�y and He�[th �isview
Commission (05NRC), against the respondent for vioiations of OSHA regulaiions within the
pasi three (3) years.
b, Ciiations (as defined below) from an Environmental Profectian Agency tas defined below) for
violations wi#hin t#�e pasi five {5) years, �nvironmenial Protection Agencies inciude, but are not
necessarily Iirnited to, the U.S. Army Corps of Engineers (iJSACOE), the U.S. Fish and Wildlife
Service (US�WS), the Environmental Prntection Agency (EPA), #he Texas Commissian • on
�rnironmental Quaii#y (TCEQ), the Texas f�atural {�esource Conservatior� Commission (iNI�CC)
(predecessor ta the iC�Q), the Texas Department af Health (fDH), the Texas Parks and
Wildlife Department (TPWD}, the Structurai Pest Controf 8oard (SPCB), agencies of local
governments responsibie for er�fiorcing envlronmental proteatton ar worker safeiy relaied laws
or regulations, and similar regulatory agencies of other states a# ti�e United Sta#es. Citafions
[nc[ude notices of viofation, notices of entorcement, suspension/revocations of state or federal
f[censes or registrafions, ffnes assessed, pending crimina] complaints, indictmenfs, or
convictions, administrative orders, dra�t orders, final orders, and judfclal flnal juctgments.
c. ` Convictions of a criminal offertse within the past ten (1 Q) years, wh[ch resuiisd in bodily harm
or death.
d. Any other safe#y related matter deemed by ihe City Counci[ to be mater�al in determining the
responsibility of the respandent and his or her ability to perform the services or goods required
by the proposal documents in a safe environment, both for the workers and oiher empEayees of
respondent and the citizens of the City of Denton.
In order to abtaf�► proper infarmation frorn respondents so that City of benton rnay consider ti�e safety records of
poteniial contr$ctars prior to awarding City contracls, the City of Denton requir�s that �espondents answer the follow[ng
ihree (3} questions anc! submit them with theIr propasals:
QU�STION ON�
Nas the respa�dent, or the firm, corporation, partnership, or lnstiiution represented by the responc{ent, or anyone acting
fvr such firm, corporafion, partnership or instit�ttion, received citations for violations of OSHA within the �ast tl�ree (3)
years?
YES NO X
�
Statement of QualifFcalfona for ihe C1ty oJ Denton (RFq No. 48s3)
Pro(essional Services and �n4lneerinp Desfpn of fhe Proposed Danton Natural Gas Pipellne June 28. 20i i
]f the respondent has indicatsd Y�S for c�uestion number one abave, the respondent mus# provide to Ciiy of Den#on, with
iis proposa! submission, the following Enformation with respeet to each such citatfon:
bate of offense, location af esta6lishment inspected, category of offense, final dispasition of offense, i# any, and penalty
assessed.
QUES710N TWO
Has the respondent, or the firm, carporation, partnership, or institution represented by the respondent, or anyone
actfng for such firm, corporation, partnership ar insti#u#ion, received cftailons for violations of envlronmental
protection Eaws or regulations, af any kind or type, within the pasf fi�e ysars? Cttations inclucle notice of vialation,
notice o# enforcement, suspension/re�ocations o# state or federal licenses, or registrations, fines assessed,
pending criminal camplaints, indictments, or convictions, administrattve orders, draft arders, final orders, and
Judicial final judgments.
YES NO X
If the respondent has indicaied YES for question number iwo above, the respondent must provide to Cify of Denfon, witi�
its response, the followfng inforrr�ation with respect to each such conviction:
Qate of oifense or occurrence, lo�ation where of�ense occurred, type of offiense, fiina) disposition of offense, if a�y, and
penalty assessed.
QU�S1'ION THREE
Nas the respondent, or the firrr�, corporation, parfnershlp, or Institution represented by respondent, or anyone acting for
such firm, carporaiion, partnership, or institutlon, ever been convicted, withfn the past tan (10) years, of a criminai offense
whicl� resuited in serlaus bodily injury or dea#h?
YES NO X
lf ihe respondent f�as indIcated Y�S for question number three above, the respondenf must provide io City of Denton,
wlth its proposal submiss[on, the following infarmafion wiih respect to each such conviciion:
Date of oifense, location w�ere aifense occurred, fype of o#fense, final disposition of offense, if any, and penafty
assessed.
�
', Statement of QualilfcatTons for the Ciiy o! Denton (AFR No. 4sa3)
I Professional Seivices and Fnpineerinp Daslqn of fhe Proposed Dsnton Natural Gas Pfpeline June 28, 20i 1
ATTACFfMENT H
DISADVANTAGED BUSINESS UT�L.I�ATION
This form shall be completed and submitted with the solicitation prooess.
The City of I]enfon will ensure that purchases of equipment, mat�rlals, supplies, and /or services comply with Texas
Local Government Code 252.d215, in regards to competitive requiremenis in reiaiion to Disadvantaged 8usiness
Enterprises (DBE). 7he City will ensure fhat all procurerrten# opportunliies are cost effective, and con#ributable io the
competitiveness of the Gity, and its cusfomers. All Procurement activities wiE[ be conducted in an apen and fair manner
with egua! opportun(ty provided for al! qualified parties. 'ihe City of penton wifl provlde equal contraoting opportunities as
provided by State and Federal �aw to srrtall business enterprises, �istarica[#y Underutilized Susinesses, and
Disadvantaged Busir�ess En#er�rises. The City af benton encourages all awarded Contraetors to seeEc qualificaiEOn as a
QB� and/or utilize DBE's as sub-contraciors, where feasible, to rneei the overall intent ofithe Isgislatfon.
blsadvantaued Susiness Enterprises (DB�); are encauraged to park[cipate In fhe City of Denton's pracuremen#
process, The Purchasir�g Depariment wi11 pravide addiiianal clarfilcation of specifioations, assistance with Proposai
Forms, and further expEanation ofi procurement procedures �o thase DBEs who request it. Representati�es from DB�
companies shoufd identify themselves as suc1� ar�d sufatnit a copy of the Certification, The City recognlzes the
certificafions of the Staie of Texas Bui[ding and Procurement Commissfon HUB Frogram. All companies seeking
information concerning DBE certi#ication are urged tQ con�kact.
State of Texas HUB Program -- TPAS9 Divislon .
PO Box 'I3047, Austin, TX 7871'4-3047
(512) 463-5872 or {888} 863-5$81 or http:/lwww.window,state.fx.us/procuremeni/prag/hubL
instructions: Ef yaur company is already cer�ified, atiach a copy af your cerkiflcation to this forrn and retvrn wiih the
submission. lf your company is not already certified, and could be considererJ as mee#ing certification requirements,
plsase �ase the web fi� to obtafn suoh. IF you are submitting a response and plan to utilize DB�'s, then �se the form
�elow to icientify the business and �ncfude the business HLiB certification.
COMPAM' �IAME: Teague Na[I ancE Parkins, ina
REPRESENTATIV�: Michael Wellbaum, E'.E.
ADDRESS; i 100 Macon Street
CI7Y, STA7E, 21P:
TELEP�iONE NO.
Indicate all that apply;
Fort Worih, Texas 76102
817.336.5773
817,336.2813
Minority-Owned Business �nierprise
Wamen-Owned �usiness Enterprise
Dfsadvan#aged Busfness Enterprise �
:....: . .... . ...:. . . .......:......................... ..:. � . -
... ..:. .....:: ......: .... .:: . : : :::: :: :.:. :.: ......:.. : .: : ..... : ....
', ::..X:: �: :::: NaT A.PPI.lCABL�:�:TNP: is NOT::a rriinori#y. firm. ::: :. :.°:. �:::=. - .:.;::°';.::::.::::: �, :.:::.:�.;:: ::, :.:. ... ::.:. .::: :
--------,
Sfatement of Qualiffcafions (or the Clty of Denton (RF4 No. 4883)
Professionai Ss�vlces and �ttAineerinq Dasr.an of the Proposed Denton Natura! Ldas Plpeflna � June 28, 207 i
ATTACHM�N7 G
CON�LICT OF INTER�S7 STATEMENT
CDNFLtCT OF INTEREST QU�STIONNAIRE FORM CIQ
For �endor or other er�on doin business with locai overnmental entit
This questionnaire reflects changes made to fhe law by H.B. 1481, SOth Leg., Regular p�FiCE USE qNLY
Session.
Date Reee'tved
This questIonnaire is being #iled in accordance with chapier 176 of the Local Gavernment
Code by a person who has a business relatfonship as def[ned by Section i 76.00t {i -a) with a
local governrnental entity and ihe person meets requiremenfs under Section i 76.006(a}.
By law this questiannaire must be filed with the records acEminisfrator of the local governmenf
entity not later than the 7th busPness day after #he date the person becomes aware of facts that
require the siatement to be filed. See Section 176.006, Lvcai Government Code,
A person commits an offense if the person know[ngly vfolat�s Section 176.006, Local
Gowernment Gode. An o#Fense under ihis sect[on is a C1ass C misdemeanor.
� Name of person who has a business refationshlp with local go�ernmental entity.
No business refationships exist at this time.
2
� Check this box if you are filing an update to a peeviously filed questionnaire.
{The law requires that yau file an upc�ated completed questionnaire with the appropriate fif[ng authority not
later fhan the 7�' business day after the date the originaliy filed questionnaire becomes Incorriplete or
inaccurate.
3 Name of lacal government offieer with whom #fler has an employment or business relationship.
None.
Name of Officer
This section, (it2m 3 including subparts R, B, C& D), must be compieted for each oi#icer with whom the filer has an
ernployment or other bus[ness relations�ip as defined by Section 176.001(1-a), Locai Governmen# Code. Attach
acfditional pages td this Form CIQ as necessary.
A. is ihe looal government officer named fn this secfian receivfng or lilcely ta receive taxabf� income, other �han
investmeni income, from the fi€er o# the questionnalre7
{] Yes ❑ No
B, Is the filer of the questionnaire receiving or likely to rece9ve #axable income, aiher than invesfinent income,
irotn or at the direction of the focal governrnent officer named in this section AND the taxable income 9s not
received from the local go�ern�nenial entity�
❑ Yes ❑ No
C. Is the #fier of i�is questionnaire emplayed by a corporation or o�her business entiry with respect #o which
tt�e local government officer serves as an o�icer or director, or holds an ownershi� of 10 percent or more?
❑ Yes [] No
D. Describe each affiilattan or business relationship.
�4
June 28, 20i 1
Signature of person doing business with the pate
overnmenial entit
� �
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental enti
'�'his questioaaaire rekiects changes made to the law by H.B. 1491, SOth Leg., Regular Sessi�n. OFFICE USE OIVLY
Th is questionnaire is beiug filed in accordance with chapter 176 of the Local Governi�nent Code by Date Received
a person doin� business with the goveriunental entity.
By law this questionnaire must be filed with the records administrator of the local govemment not
later than the 7th business day after the date the pe�son becomes atuare of facts that require the
statement to be fiied. ,S'ee Section 176.Q06, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An
offense underthis section is a Class C misdemeanor.
1 Name of person wlio has a Uusiness relationship with local goverrunental entiry.
Jeff Sears, P.E., an employee of Teague Nall and Pericins, Inc.
2
� Cl�ecic tlus box if yoa are fiGng an update to u previously filed qnestionnairc.
(The law requires that you file an updated completed queskioa�naire with the appropriate filing authority not later th�n the 7'h
business day alter the date the origa�ally filed questiounaire becomes i�compfete or inaccurate.)
3 Name of local govemment officer with wholn filer has an employment or business a•elationship.
Chucic Sears
Name of Officer
This section, {item 3 induding subparts A, B, C& D), tnust be completed for each ofticer with whom die filer has an emUloyment or other
Uusiness relationship as detined by Sectian 176A0] ( I-a), Local Government Code. Attach additional pages to this Fonn CIQ as necessa�y.
A. Is the local government oF�cer named i�� this secdon receiving or likelyto receive ta�;able i�xome, other than investment income,
from tlie tiler of dze questionnair�
a Xes � No
B. Is the filer of the questionnaire recaving or likely to receive taxable income, other than iirvestrnent income, fi•om or at the direction of
the locaJ government officer named in this secuon AND the tar.a6le income is not received fi•om tlte local govemmental entity?
� Yes �,No
C. is tlie filer ofthis questionnaire employed by a corporation or other bisinsss entity with resped to which die local government
officer serves as an officer or director, or holds an ownership of 10 percent or more?
� Yes �No
D. DesciiUe each affiliation or business relationship.
JefF Sears is the son of Chuck Sears, an employee of the City of Denton (DME)
4
�
li. is.ya�1
Signature person doing businesswith die governmental Date
entity
�X�IIB�T I
CONF�DENTTALITY AGREEMEN�'
'�IS C4N�`IDENT�TTY AGREEiViENT (this "Agxeement"), dated as of
Jut�e 8, 2011, is by at�d. between „_,Teaeue Nall and Perkins, Inc=, a Texas corporation and the
City of Denton, a Texas municipal corporation ("City of Denton"). T�x� Pariy executing this
�lgreemerit and the City af Danton are collectively referred to herein as tl�ze "Partzes" and
individually as a "�'axty."
WI��2.�AS, the Parties desire to enter into dfscussions cancerning the design, engineering
and construction of a natural gas pipeline �ocafed in Denton, Texas (fhe "Pxo,�ect"), ar�d as a resul�, xt
is deemed desirable by each Party to disclose certairx infozmatzon to the other Party;
� WXIEREAS, it is a condition to the disclostue of sueh info�narion that the Parties e�tez in#o
this Agreement to evidence the Parties' undertakings and agreemeni with respect to t�ze treatment as
confiden#ial, azad the. control and use of, infozmation tl�at may be fiuriished to the Parties; and
VV�REAS, the Parties may be requixed.to comrnunicate with current, exisiing or fi�ture
business par(ners or customers on Denton Mtuiicipai Electric's behalf regarding ihe Project;
NOW, THEREFORE, in consideration of the foregoing premises, the mutua.l eovenants
cantained herein and other good an.d valuable considerafia.on, the receipt and adequacy of which are
lnezeby acknowledged, �e Parties hereby agree as follows:
1. De#"ined Terms. As used in this Agreement eaa�i of the follawing terms shall have
the meaning assigned tc� sttch terzx� as set foz�i be�ow:
1,1, "Affiliate" means any Person #hai directly or indirectly (through one ox more
intermediaries) eontrols or is cantrolled by or is undex comtnon oontrol with the relevant Pexson .
specified herein.
1.2. "Con�dential In�ormatio�" means (a} all information, whether of a bnsiness,
technical, engin�eer�g, econarnic ox other nature and regarciless of tl�e form in which it is
co�mtnunicated o�• main#ained, relating to a Party (the "Disclosing Party"), its Af�liates and/or the
�'xo,ject thai is provzded to #he other Party (the "Receiving Patfy") ax an� of'its Representatives by
the llisclosing i'arty or any of its Representa�ive,s, (b} all sketches, drawings, reports, aualysis,
compilatians, studies and notes containing ox xeflecting Confidential Tnfoxmation, regarclless of rvho
prepares such materials, (o) tlie faci that the Confidential Information has been made available to or
is being inspected or evaluated by the Receiving Pariy, and (d) the fact that such discussions and
negotiations are taking place cancerning i1�e Project or other related transactions between #he
1'axties, excapi that Confident�al Infoxmation shall �ot xnclude:
(z) information that was avready in the Raceiving Party's ar its Affiliates'
passession on a non�conf�idential basis prio�• to dzsclvsure hereunder;
Page 1
(ii} infoxanation which prior io disclasure was already zn tke publio domain, or
which after disclosuxe e�tered the public doznain �other than by a bxeach of
this Agreement by the Receiving Party or any of i�s Representatives; and
(ui) .info�xnation wkuc�i was received from a thud party which fihe Receiving
Parfy xeasonably b�lieves was not and .is not �violaiing an obligation of
confiidentiality to the Disclvsing Pai�ty ox its A£filiates; provided tb,at uae vr
disclosure by fhe Recaiving Party of inforznation whi.ch the Receiving Party
obta'�ns in tlle manner described by this Section 1.2 (iii) does not viQlate any
of the tex�s undex which it was disclosed by said tliird parry.
1.3. "1'ersan" means any na#�ral person, cozpaxation, c4mpar�y, parinership,
Iimited liability company, j�int venture, irust, arganizaiion, association, sole praprietorship or other
entity.
1.4. "Representatives" shali mean, with respect to either Party hereto, such
Parfy's affiliates, oi�icers, directors, partners, members, amployees, agents, triastees, poiential and
exisf.ing lenders, potenfial and exisring investors, potential and existing eqtiity providers, security
holders, others providing ;�ancing or refinanoing and the consultax�ts and advisors (incIuding,
without limitation, �naneial advisars, counsel and account�attts, an.d each of their respec�iVe
advisors) of such Parry. •
2. Resbriatxans on Discloaure and Use of Confidential Information.
2.1. The Receiving Party agrees to, and to cause its Re�resenfatives to, treat all
Confidential Jxaf�rmatian as confidential and secret and comply with �e terms and condi�iobs
contained herein. The Reeeiving Party shatl not, and shall not.pe��ait its Repxesen#atives to, disclose
Confidenfial informafion ta any Person (except as set forth in this Section 2), wi.thout the prior
writ�en consent o�the Disclosing Party.
� 2.2. Without the prior written consez�t of the Aisclosiz�g �'arty, the Recei�ing
Party shall. not, and shall not permit its Rapresentatives to, rz�aka any Use wl�atsoevsr of tha
Canfidezat�al Tnformation other than as may be necessary for the purpc�se referenced above in .
conneetion with the Pxoject. .
2.3, �xcept as set-forth in Section 2.4, the Recezving Party shall only disclose
Confidenfial Informa#�on to those of its Represeniativas, ar other Pexso�s that are coz�ceined wi.th
the Project and whosa knowledge vf suob� CQnfiden�ial In%rznation is necessary or advisable for
such purpose. Eaeh suc� Pez�son xeceiving Confident�al Jnformation fram the Receiving Parly shall
have tlae same obligatio�ns vviih respect to such Confidential Infexmation as the Receiving Part�y
heraunder, and the Receiving Party shall so instruct each s�ttch Person recciving Co:t�f�'idential
Information and shall use alt reasonabie efforts Ev prevent and prosecute u�n.anfharized use or•
disclosare of Confidential Iz�forttaation by such�Persons. Tl�e Receiving Party shall be liable to the
Disclosing Party for any bxeach of such obligafionis by aixy such Pe�•sons.
Page 2
2.4, If t1�e Recexvizag 1'arly or anq of its Representatives is rec�uested or required �
(by deposition, i�aterrogatories, requesis for information o:r documents in legal proceedings,
subpoenas ox similar process) in canneciion �vith any proceeding to disclose ar othexwise be�omes
legally compelled to disclose any Conf'idential.Informatzan, the Receiving �'arty shall pxovide the
Diso�asing Party with prompt written notice and xeasonable assistance (subjeci to reimbux�eme;�t by
the Disclosing Party of alI reasonable and out of packet e�penses incurred by the R�eezvi.ng Parly in
providing such assistance) so as to enable the Disclosing Pariy to seek a pxotective oxdea� or otl�er
a�prop�iate remedy ox waive comp�Zance wiih this Agi�eement. If such a protective axder ar othet•
remedy is �.ot obtained, ox if the Disclosing Pariy waives caznpliance with f.�is tlgreement, the
Receiving Party (vr sueh oth�r Pexsor�s to whom sach request is d�ected) rnay diselose Confidential
Infoz�xzation, but oniy such ConfidentiaJ. Tr�ormation as it is legally required to disclose to avoid
co�tempt, or other penal#y in the xeasonable opinion of counsel to the Receiving Party, aud sl�alJ,
exercise reasonable efforts to obtain reliable assuxance i�at confidentiat treatment will be aceoxded
sttch Con�idential Tn7Formation disclosed.
Sa��kee�in� and Return of Co:nfidentiai Tnformation.
3.1. The Recaiving Paxfy sl�all take ail reasonable steps to prevent the
ucxa�tharized use, dist�ribution ar reproduction of aIl copies of wriitett m�aterials reIating to or
con#aining any part af Confidential Informatio�, inclnding ail sketches, drawi.ngs, reports, arAalysis,
compilations, stadies atxd notes, and all copies, reproductions, repx�nis and i�anslations thereof. The
Receiving Party sha11 nat, and shall not pernut its Re�xesen#atives to, di�ectly o�� itidirectly, duplicate
or ofiherwise xepxoduce, in whole or in pat�, such Confidential Information in any z�anner
inconsistent with the texms hereo#:
3,2. The Receiving Pat�y sha11 retum to the Disclosing Pariy, within ten (I O) daqs
af�er receipt of sach a reqaesf bp #he Disclosing Party, all ma#e�ais aontaining or reflecting
Con�xdentiai infoxma#ion that are in the possession of the Receiving 1'arty and its Rapxesentatives,
without retaining copies. Notwithstanding t�e foregoing, Receivin� Pariy may ratain such z�aterials
to tlie extez�t requueci by applicable lavyi in tE�.e reasonable opinion of counsel to the Receiving Party
and may also xeiain reports, analysis, compilafions, studie�, notes �r other dacuments or reca�ds
prepa�red by the Receiving Pariy w3�ich contain or otherwise reflect or are genexated from
Confidential Infozmation, proviaed, however, Receiving Party shall keep a11 suc�Z copi�s
confidenti�il in accoxdan.ce �v�ith this Agxeemen# and such obligatio� shall sut^vive the termination of
this Agreement. Notwifhstanding tixe .ret�rn of such materaals, the Recei��g Party atad. its
Represez�tatives shall continue to be bouttd by the obligations of confidentialiiy and other
obligations hefeunder.
Page 3
4. Notice. All noiices; .reequests, consen�s, waivers and other communications required,
pe�mitted or desired to be given hereuader or by law to be sexved upoz� or giveu to a Party by any
other Party sha11 be deemed duly served and given when xeceived aiter being delivered by hand,
coui7ier ox facsimile or sen# by regis�ered or certified mail, retUrn receipt xequested, pasiage prepaid,
addressed as follows: '
Y�to Company:
Attenfioii; Michael Wellba�m. PE
A.ddress: 1100 Macon Street
City, 1 ort Wot�t}i. Tesas 76102
�elephane: (817) 336-5'773 _ -
Facsimil�: (817} 336-2813
If io City of Dentan:
George Caxnpbell, City Manager
215 Ea�t 11�IcKinney
Denton, Texas 762� I
0
1659 Spe�cer Xtaad
Denton, T� 762a5
Attention: Mike Grim, DME Executxve
Manager
Telephone: (944) 349-7565
Facsux�ile: (940) 349-7334
Each Party may change i#s address fox the ptupose of this section by giving written notice af such
change to the other Party in the znatuier pxo�zded in this section.
S. Tenm. This Agreement and the ob�igataons af con%dentiality undez�cen hereby
shall rema�n in �u1t force and effect for a period from the date o�this Agreement until tha end of two
(2} years after the date af this Agreeinsnt.
6. No Waiver: Amendments. No failure or de�aq by the DiscZosing �arty in exercisir�g
a►�y right, power or pz�vilege hereunder shall o�erate as a wai�ver fliereof, nox shall any single or
partial exercise thereof prec�ude any other or fe3rther exexcise thereof or the e�arcise o� any right,
power or privitege hereunder. Any modiiica�ion of or ainenciment to this Agreement a.nd anp
waiver of any provision o£�lus Agreament must be in wri.ting signed by the Parties.
7. Governin� Law. T�is Agreement shall be governed by and cons6n�ed and enforced
in. accordance wifh ihe ]aws of the State of Texas witl�out xe�eren�e ta the conflict of laws or
principles #hez�Qf
$. Severa3�ilitv. If aza.y pro�ision of this Agreeme�t is held ta be illegal, invalid ot
urien%rceab�e under present or fi�ture laws, such pr�vision sk�all, be fully severable and this
Agreexzient shall be cans[rued axid enfoxcea as if such �legal, invalid or ur�en%rceable provision had
never comprised a part of t3�is Agxeemen� and #he r�znaiming provisions o#' this A,greennent shall
�tem� in full �orce a�d effect and sha11 no# be affeated by the illegal, in�valid or tuaenfo�'oeab�e
provision o�r by its severance from this Agreexrzent. Fuxthermore, in lieu oi such iliegal, invalid or
ut�enforceable provision, there shall be added automatically as a part of this Agreement a provision
Aage 4
as similar in its terms to such iliegal, invalid or unenforceable provision� as may be possible and be
legal, vali� and enforceable.
9, emedies, zt is agreed that each Party shall be entitled to relief both at law and in
equzty, including, but not limited to in1unctive xe3�ef and speci�c per�ormance, in ihe event of any
bxeac}� or an.ficipaied breaci� o� tk�i.s Agreement, without proof of atxy actual or special damages.
The Receiving Pariy agrees to pay the costs and expenses (including reasonable attorneys'�fees and
expenses} zn.curred by tize Disclosing party and its .A.fFitiates in successfully enforcing any Qf the
terms of this Agreem�nt or proving #hat ilie Receiving Party or any of its Represe�ta�ves breached
any o�ihe ierms ofir�is Agreement,
10. Successors and Assi�s. Neither Party may assign this Agreeznsnt nox any of its
r�ghts hereunder except with #he prior written consent of the other Party and except that either Par�y
may, svithaut the consent of the other �arly, assign this Agreament and the rights hereunde�r to any
ai its �fiiliates fha.t ow�ri an inierest in. the Project. This Agreement shall be binding upon and ikauxe
to tha benefit o�the successors and permitted assigiis of the Parties.
11. �.Io Obli�atiozz or Joint Ven.fiuxe. The Parties agree that uriless and un�il a deffnitive
agreement has been e�ecuted and delivered, no contract or agreement providing :for a�iusiness
reiationship between the Parties shall be deem�d to exist between the Parties, arad nei#hec Party wili
be uuder any legal obligat�o�z of any kind vvhatsoever with xespect to such relation�hip by virtue of
this Agreement or any written ar oral expression thereof, eYCept, in. the case o£ this Agreernent, fox
the matters speci�catly agreed #o herein. For purposes oi this Agr�rnent, the term "definitive
agreeznenY' does not include an executed Ietter of in#ent or any other prelimir�ary written agreement
or offer, unless specifxcal�y so desigt�ated in wi�ting and executed by bo#h Parties. This Agreebnent
does not obligate either Pariy to deat exclusively with #he other Parly.
l2. Co_t�ter��rts. This Agreement ma� be executed in multiple counterparis, each of
whiah shall be deem�d an original, and all o£ wk�ickz together shall constitute one and the sarr�e
instri�ment. A�y executed counterpart transmitted by facsimile or similar transmisszox� by any Party
shall be deemed an oxiginal and shall be bindirzg upon �uch �'arty.
13. • No Warran . Tkze Parties hexeby acicnowledge t1�at neither Party, nor arry of its .
representatives, agents, �liates or assigns malces auy xepresentations or warxanties whatsoever
concerning t�ie accuxaey, campleteness or cnrreatness o� the. CoxifidentiaY Inforxn.ation supplied
hez�eunder, nor must suoh re�resentation or warranty be impliecl,
14. E�atixe A r�eeinent. This Agreement r�presents tfie entixe agreement beiween the
Parties with respect to the subject �atter hexeof and supersedes all prior agreements, whether oral or
written.
Page 5
IN WI,TN.�SS WHEREOF, t6e Parties have
egecuted this Agreement as of the date firsi w�ritten
above.
Teague Nall and Perkins, lnc, (Company)
B : V �IL✓
Y
Name: � I
Ti#le: �J ��� %�,sid �+�
Page 6
C�'�Y OF DENTON
�
$y�; 1 .c
I�tam��l�ae "S. Grim
Title: Execu#ive Manager
& Regulatary Affai
Electric
Legislative
Munici�al
C�ntract # 4693
Insuran�e Re uire�.e�.ts
q
ATTACHM�NT A
iNSURANCE REQUIREIVIENTS AND
WORI�R'S COMPENSENTATY�N REQUIREM�NTS
Contrcrctor's crfte�rtion rs direc�e� to the insarr�a�rce req�rirements be7ow. It is highly r•ecor��mended that
Co�atractots confer yi�ith their• r�espectrve instrf�ance e�rrt�ief•s a� broker�s to determine in crrli�ance of
Pr•oposal%13ic1 szrbrnis�rron the a��ailability of rnsiara�ce certrfrcates and endor•sernents crs pf•ese�•ibed and
pr�orided her•eir�. If a Contr�actor fails to conzply strictly tivith the i�surance re�,�uirements, lhat
Co�at�'ClCl�i� may be disc��ralifred fr�orn aivard of the contr�act. Uporr contr•act cris�ard, «tl inszr�•ance
reqirirements shall beeon:e corrfi�actttal obligations, tivhich the sarccessf rl co�tr�actor shall hc�y�e a dztty to
maintairt throarghout the coifr�se of this contract.
STAND� PROVISIONS:
tYitfiout litnrting c�n�� of tlte other• oGligtitiar�s or IrabiCities of tlte Cofzti•nctos, flTe Coniracta�� sltrrll
pj�ovrde a�xd r�tairttniri until the contracferl wo►Ic hns been co�tpletetl and accepte�l by tlte Crty of
Derttor:, Oivr:er, t�te r�ainiriaact�a �rZSt�r•nr�ce cover�age as in�icrrted liereirznfter.
14s soon rrs pr•rret�c�rble rrfter� itot�cr�taon of carita•�ret awarrt, Cottta•rrctor sltrrl! frle witlt fhe Pr.crc/rnstr�g
Deptrt�t�ne�tt satisfactoyy cer•l�cates a,f r�rsrrrance, co�ttainrr:g tlre contrrrct �tarmber� artrl frile of t{ie
project. Cortfi�rcetnr may, a�pofi wr�itten t�et�trest tn the Pcn�clt asirig Deprrrtine�rt, nslc for clar�ctitiorr of
any it:sr�rattce �elcr.rr�erne�tts rrt any fifne; ito�vever, Corrtj•acto�s t�re sfr�ongly �cdvisetl to make suclr
s�eqrrests prior to proposrzl/b�d opertirig, since tlte i�rsrsrrr»ce requ�renie�:ts mrry r:at be rnor��ed an
waived affer pr�opostcllbid openi�tg ac�iless a wr��ttert excepfiara ltas bee�r satb�titled wrtii flae
p►�oposrr!lbdrl. CDittl�actor' SItl1C% ��Of COiililt811CB llilj� WOi�k or tleliver rr�t,� �ntrterra/ rctciil lee or slie
recerves ftot�cr�tio�t thrct tlte corttrr�ci hrrs beeti t�ccepterl, rrpprvvetl, trnd signed by tlte City of De�tfon.
All insisrafzce policr.es pr�oposed or obtairierl �rt s�rlisfactiore of tliese rer1uirements slzaTl contply wrtlt
the follosvrrzg getterr�l spec�cntioras, rr�trC s/iall be n�[rriitarrted in cor�tplirrnce witlt tliese ge�aey�al
spec�eatiorts thr�oarglioact tlte dur�tloyt of tlte Conlract, ot� longer, if so noted: �
e Each policy shall be issued by a company authorized to do b��szness in the State of Tex�s t�vith a�
A.M. Best Compan� rating of at least A.
Any deductibles or self insu�•ed retentions shall be declared in the pxoposal. If requested by the
City, i]ie insurez� sha11 reduce ox eliminate. such deductibles or self-insured retentions wxth resp�ci to
the City, iis officials, agents, empIoyees and volunteezs; or, the contractoi �laall procure a bond
guaranteexng payment of losses and �elated investigatiorns, claim adminisiration and defense
expenses.
Liability po�icies shall be endarsed to piovide the following:
Name as additional insuz�ed the City of Denton, its Officials, Agents, Emplayees and
volunteers.
■ That such insurance is pri�naiy to any other insurance available to the additional insiu�ed
tivith respect to claims co�ered under the policy and tk�ai this insurance applies sepa.rately
to each i�stued against whom claim is rr�ade ax suit is brought. The inclusian of moie
than one insured shall nat operate to increase the insurer's limi# of liability,
PA.GE 35 OP RFQ 4G93
o Cancella�ion: City reqarr.res 30 tlay wt�itterz notice slioacld atry of t)te policies desct�rbe�l ofz tlte
cer�tifi.cate be ca'ncerled or rn�rterirrlCy c/ttrriged before the eapiratrort dnie.
e Should any of the required insurance be p�•ovided under a claims-made foi�n, Con#ractoz shall
maiirtain such coverage continuousIy throug�out the tez�n of this contract and, without lapse, for
a pe��iod of thtee yea�s beyond the conhact e�piration, such that occUr�ences �ising dtuing the
contract term which give rise to claims nnade ai�er expiration of the conhact shall be covered.
• Should any of the required insurance be provided under a form of coverage that includes a general
annual aggregate limit providing fo� claims iz�vestigation or Iegal defense costs to be included in the
gen.eral �n�zual aggregate limit, the Confitactor shall either double the occu�xence lz�mits or obtain
Ownexs and Conhactors Protective Liability Insurance.
e Should any requued insurance lapse during the contract texm, reqe�ests for pay�nents originating
after sztch lapse sha11 not be processed until the City receives s�iisfactoxy evidence of i•einstated
coverage as requii•ed by this contract, effective as of' the Iapse da#e. If insurance is not reinsta#ec�,
City may, at its sole option, teiminate this agreement affective on the date of the Iapse.
SPECIFYC A,ADITIONAL INSURANCE REQUIREIViENTS:
All iiascn•t�rtce policres pr�oposerl or obtar.tzed r�z sr�trsfactioy� of tlris Contrr�ct sltall rerlrlit�on�rlXy cornpl,��
3v�tlt tlie foldatvr.rig r»rrrkerl specr.fic�rtraris, antl slzrall be maintc�ir�ed in co�nplia�7ee �vr.tli il�ese additivr2ni
spec fcrrtiafis tlrrorrghoret tlte durafio�t of tlee Corrtrnct, or la�zge�, f so tioted:
[X] A. Gexxeral Liabiliiy �nsurance:
General Liabili#y insurance with combined single li�nits of not less �than �1,000,0�0.00 shall
be provided and maintained by t11e Cont�acto�. The policy shall be written on an occunence
basis eithe� in a single policy or in a combination of underlyir�g and uxnbreila o� excess
policies.
If the Connmercial C�eneral Liability folm (IS4 Foi�z CG 0001 cl��xent ediiion) is used;
o Co�erage A shail inchide premises, operations, proc�ucts, and campleted operations,
independent eontractars, contraetual liability covei�ing this eontraet and bzoad for3n
prope��ty c�amage coverage.
e Coverage B sha11 include personal injury.
e Coverage C, medical payments, is not rec�uxt'ed,
and ISO Fo�7n GL 040�) is used, it sha11 include at least:
Bodily injuiy and Property Damage Liability far pxemises, ope�'ations, products and
completed ope�•ations, i�zdependent contractors and property damage resulting fiam
e�p�osion, collapse or tmdergro€�nd (XCU) exposures.
s Braad fo3�n contracival liability (�refera6iy by endorsement) covering #his conhact,
PAGE 36 OF RFQ 4693
pex�sonal injury Iiability �.nd hroad foi�m property damage liability,
[� Automob�le LiAbYlifiy Insurance:
Cont�actor shall provide Commercial Ai�tomobile Liability insurance with Combined Single
Limits (CSL) of not less than $540,000 eithez• in a single policy or in a combination of basic and .
umbz•ella or excess policies. The policy will incIude bodily inj�.uy and property dar��age liability
arising out of the opet�ation, maintenance and use of all automobiles and znobile ec�uipment used
in conjunction tivi#k this coniract.
Satisfaction of the a�ove requirement sliall be in the form af a policy endorsement for:
• any auto, or
• aal ownecl, hired and non-own.ed aiitas.
[X] Worl�ers Compea�sa#ion Ins�rance
Contractor shall purchase and maintain Worker's Compezasation insurance which, in addition io
meeting the minimum statutory requirements £or issuance of such insurance, has Employei•'s
Liability limits o� a# least $100,00� fo� each accident, $100,000 per each empioyee, and a
$500,004 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insiarer shall agree to waive �11 rights of siibragaiion against the City, its
officials, agen.ts, employees and volunteers for any wvrk pex�o�ined for #he City by fhe Named
Insu��ed. For building or construction projeets, the Contractor shall comply with the provisions
of Attac�ament 1 in accordance with §4a6.096 of the Texas Labor Code and rule 28TAC 11 Q.110
of the Texas Worker's Cornpensation Comniission (TWCC).
[] �wx�er's and Contractor's Pro#ective Y.iability Iaxsurance
The Contractor shall obtaixz, pay for and rnaintain at all times during the p�osecutioii of the vvork
under this contract, an Ownex's and Cont�acto�'s Protective Liahility insurance policy naming the
City as insu��ed fo�• property dam.age and bodily injuiy whioh may arise in the prosecution of the
work or Contzactor's operations unciex this conhact. Coverage shall be on an "occttrrence" basis
and. the polzcy shall be issued by tl�e san�e insurance company #hat cazx•ies the Contractor's
Iiability insurance. Policy limits will be at least �500ti006.40 cornbined bodily injury and
property darnage per occui�ence with a�1,OOO,fl00.00 aggregate.
[] Fire Dainage Legal Liability Insurance
Coverage is required if Bxoad fo3�n General Liability is not pravided or is unavailable to the
contractoi or if a contractoi• leases or rents a po�•tion af a City building. Limits of not less tlian _
each occurrence a�•e xequired.
[X] Professional Liability Insurance
Professional I'zability insurance with lin�its not less than $1,000,000.00 per claim with respect to
negligent acts, erroxs or omissions in connection �vith professional sez•vices is required unde�� this
Agreement.
PAGE 37 OF RFQ A693
[] Builders' Rislc Insiirance
Builders' Risk insurance, on an All-Risk form for 100% of the con�pleted value shall be
provided, Such policy shall. include as "Named Insured" the City of Denton and all
subcontractors as their in.teaests �a3T appear.
[ ] Caminercial Crim�e
P��ovides cove�age for �he thef� or disappeaiance of cash or checks, robbery iz�side/outside the
pre�nises, burglaty of the premises, ancl eznployee fidelity. The employee ficlelity poz�txon af this
coverage should be written on a"blanket" basis to cover atl employees, inciuding new hires.
'I'his type insilrance shauld be req�ired if the contractor has access ta City fun�ds. Limi�s of not
less than $ each occu�ler�ce are required.
[�� AdditionalInsurance
Other ins��rance may be rac�uired on an individual basis fo�• exh•a hazardous contracts and specific
sezvice agieements. If such additional inszlrance is requaz•ed �or a specific contract, that
requix�ement will be described in the "Specific Conditions" of the con#zact speciiications.
[X] Warker's Compensation Cor�ex•age for Building or Construction Projects for Governmental
�ntities
A. Definitians:
Cei�tificate of cover�ge ("certifica#e")-A copy of a certificate of insurance, a certiiicaie of
a��tl�o��ty to self-insure issued by the commission, or a cove��age agreement {TWCC-81,
TWCC-82, TWCG83, or TWCC-84), sho�ving statutory workets' compensation insm�ance
cov�rage fo�• the persan's o�• entity's employees pz�oviding services on a project, for the
dui'ation of the project.
Duration of the project - iricludes the time fi�om the beginning of #he work on the pzaj�ct
until the cont�actor's/person's wark on thc project k�as been completed and accepted by the
gove�7vnenial entity.
Pe��sons praviding ser�ices on the project ("si�bcoi3h�actor" in §�06.096) - includes all
�ersons o� entities performing a11 or part of the se�vices the c�ntractor has undei�taken tfl
pei•foi�i on the project, regardless o� whether that pex•son contracted directly with the
contractor and regat�dless of whether that person has employees, This includes, without
limitatioz�, irzdependent cont�actors, subcontractors, leRSing companies, motor carriex�s,
ou�er-operators, employees of a�y such entity, or employees of any entity whzch fi�i�ishes
persons to provide sei�vices on th� pr�ject. "Services" include, without limi#ation, pzoviding,
haulzng, or delivering ec�uipment or materiais, Qr providing labor, transpoi�tation, or other
service re�ated to a project. "Services" does not include activities untelated to the projeci,
such as foodfbevexage vendors, office supply delivei7es, and delivery of poi�table toilets,
B. The confractox shall p�ovicie caverage, based an propez• reporting of classifica�ion codes and
pay�•oll am.ounts an.d £'iling of any ovei•age agreements, which meets the statutoxy
requirements of TeYas Labor Cade, Section 401,011(4�) for all employees of the Can.#ractor
providing services on the project, for ihe duration of the project.
PAGE 38 O�' RFQ �1693
G The Con#ractor must provide a cerii�cate of coverage to the goveimmental en.tify pi7or to being
awatd�d the contract,
D, If the caverage period shown on the contractor's cui7ent certificate af coverage ends durin�
the duration of the paoject, the contractor must, prior to the end of the caverage perioci, iile a
new certificate of coverage with the governmentai entity sho�ving that coverage has been
extended.
E. The contractor shall obtain fronl each person providing services on a project, and pro�ide to
the goveznmental entity:
1. a cei�tificate of coverage, pi7or to tha.t person beginning work on the project, so ti�e
governmental entity will have on file cei�tificates of coverage showing coverage fflr
al] persons providing services o� tl�e pz•oject; and
2,no later than seven days after receipt b� the contzacto�, a new cei�iificate of coverage
shawing extenszon of cavera�e, if the coverage period shown on the cunent
cei�tificate of coverage en.ds during the duration of the project.
F, The contractor shali �•etain all requ�ed certificates of cove�age for the duration of the project
and for one year thereaftex.
G. The cani�•actoz shall notify the governrnental entity in v�niting by c�i�ified mail or personal
delivery, within l.0 days after the contractor knew ox should have known, of any change that
materially affeots the provision of coverage of any person providing services on the project.
H. The contractor shall post on each p�•�ject site a notice, in the text, farm and �nanner
prescribed by the Texas Workers' Compensation Commission, infoirning alI persons
p�•aviding services on the project thai they are required to be cavsred, and siating how a
person may verify coverage and zepox•t lack of coveiage.
I, The contractox• shall contractu��ly rec�uue each person with whom it cont�acts to pi•ovide
seivices on a project, to:
1, provide coverage, based on proper re�orting of classificaiion codes and payz•o11 amoi�nts
and filing af any coverage agreements, which ax�eets t1�e statutory requirements of Texas
Labor Cocie, Section 441.Oi1(44) for atl of its employees p�•oviding services on the
p��ojecf, for the duiation of the project;
2, provid� to the contractor, prior to #hat p�rson begi�aning work on the project, a cei�tificaie
of coverage showing that coverage is being provided for ail employees of #he �erson
providing services on the project, for th.e duration ofthe project;
3, provide the contractor, prior to the end af the coverage peziod, a new certifieate of
coverage showing extension af co�verage, if the coverage period shown on the curz�ent
ce��tificate of coveaage ends du��ing the duration of the project;
4. obtain from each othez• persozi with tivhom it cont�acts, and provide to fhe contractor:
PAGE 39 OF RFQ 4693
a. a certificate of covei�ge, prior to t�e other pei�son beginning wo�k on the project; and
b. a new certificate of caverage showzng extension of coverage, pziar to the end of the
coveraga period, if the coveaage period shown on the ci�rrent cei�ificate of coverage
ends durin� the dilx•atian of the praj ect;
5. z•etain all required cez�tificates of coverage on file for the duration of the pioject and £oz•
one year thea�eafter;
6. notify the governmen#al entity in writing b� cei�tified mail ox� personal delivery, within 10
days after the person knew or should have know�a, of any cha�ge that materially affects
the pravision af coverage of any person providing services on tha project; and
7, Contractually reqnire each �exson with wholn it con#�acts, to per%i�n as required by
paragraphs (1} -(7}, wit� the cei�tificates of covet•age to be provided ta the perso�a for
whom they are p�ovidzng services.
J'. By signing this con#ract or providing or causing #o be provzded a certificate of coverage, the
contractor is represenfing to t�e gavernmental entity ih:at all emplo�ees of -the corzt�acto� who
will provide seivices on the project �vill be covered by workers' compensation caverage for the
dt�ration of the �roject, that the coverage will be based on proper repoi�ting of classification
codes and paya•oll amounts, anc� tha# all caverage agreements wi11 be filed with the appropi�ate
insuz•ance carrier or, iu the case of a se�f-insured, with the commission's Division of Self-
Insurance Regulation. Providing false or misleading in.fo�•tnation may subject the contractor ta
adminisYrative pez�alties, criminal penalties, civil penaltias, or other civil actions.
K. The coniractor's failure to com�ly with any of these provisions is a breach of contract by the
contractor whieh ent�tles the governmental entity to declare the confract void if the
contractor daes not �•emeciy the bieach within ten days after receipt of notice of breach fiom
the governmental entity.
PAG� 40 OF RFQ 4693
'-�� � CERTIFICATE OF LIABILITY.INSURANCE pAl2/ /20�y
THIS C�I�TI�ICAT� IS fSSUED AS A MA7TER pF IN�pliNIA710N QNI.Y AMD CONFERS NO RIGHiS UPON TH� C�RT1FiCA7E HOLDER. THIS
CERTiFICAiE DOES NOT AFFIRMATIVELY OR NEOATlVELY AMEND, SXTENb OR ALTER TliE COVEi2AGE AFFORDED BY THE POLICIES
. BELOW. TH13 C�RTIF�CAif OF 1NSURANCE DOES N07 CONSTITUTE A CONTRACT BETW��N THE ISSUING INSURER(S), AU'iHORI�ED
REPRESENTA7IV� OR PRODUCER, AND THE CERTIFICA7� H�LDLR.
IMPORTANT: if the certlficate hoider 9s an ADDITIONAL tNSURED, lhe poticy(les} mus# be endorsed. If SUBROGAT[QN IS WAIV�D, subJect to
the tarms and condltlons of the poliCy, Certain policies may require an endorsement. A statement on iBis Certificate does not confer rights to the
certlficafe holder in lieu of such endorsement(s).
PRODl10ER HAMEt Patr3Ck p MCi,au hlin
McLaughli�s 8xunson Inaurance Agenay, T,T,P PHONE FAX
6600 L8J Freeway, $uite 220 c (214) 503-1212 A!C No:(214) 503-8899
Dellas 'tX 75290
INSUREU
Teague Nall & Perkins, YnC.
1100 Macoa Se.
$oXt ShorCh TX 761D2
��,�v
\�� �Q
ao�si
Ina. 119518
COVERAGES CERTIFICATE 11UMBER: cart zn zzeo9 REV[SION i�fUMSER:
THIS IS TO CERTiFY THAT THE POI.ICIES OF INSURANC� lISTED BELOW HAVE BEEN 1SSUED TO TH� lNSURED NAMEn ABOVE FOR TNE POLICY PERIOD
INDICATED. NQTWITH5TAHDII�G ANY REQUIREMENT, TERM OF2 COhlDIT10N OF ANY COMTRACT OR OTHER DOCUMEMF VNTH RESPECT 70 WHICH THIS
CERTIF[CATE MAY BE ISSUED QR MAY PER7AIN, THE INSURANC� AFFOROED BY THE POLICI�S D�SCRIB�D HEREIN IS SUBJECT TO ALL 7HE 7EIit41S,
EXCLUSIONS AN�3 CaNDITi0N5 OF SUCH POCICIES. UMITS SHaWN MAY HAVE g��N R6DUCED BY PAID Cl.Ali41S.
� 7R 7YPEOFINSURANCE ADOL UBR POLICYEFF POLICYE%P LIM17S
PaE]CYNUMBER MMfOp MlD6fYYYV
OENERA�. EIA9IUN FJiCH OCCURRENCE 5
OAMA ETORENTED
COMMERCIALGENERALLtABEIlTY PREMISES Eaoxurre S
CLAIMS-A7Aa� � OCCUR MEnEXP(Anyonaperson) S
ABRSONAI&AOVINJURY S
OENER4LAC3�REOATE S
(3EN'LAOOREOATELIMIFAAPIIESPER; PRO�LICTS-CQMPlOPAaG S
POLICY PRO- LOC S
AUTOMOBIiE L1AH1L1TY COMBINE�SINGLE LtMIF $
� A�a 1Ea acctaenq
BODILYfNJURY{Perpereon) S
AII.OWNEDAU70S BO�IIYINJUt2Y{Peracddenij 5
SCH£�ULEDAUT0.S pROPERTY DAMAGE a
HIRED AEII'QS {Per accidenl)
NON-01kNELl AUTOS S
S
UMBREl.LA LIAB ��R EACH OCCURRENCE 3
EXCH85 LIAS CIAiMS,17ADE AGGREGATE $
DEWCT1Blfi $
RETENTION S S
WORK6R3 COMPENSA710N V�C STATU- OTH-
AND EMPLOY£R$' 13A6fLITY ,�� � �
ANYPROPRIEiOR/PARTNERlEJCECUTNE❑ N�Q E.L&1CHACCIOEf�FT g
OFFSCERIMEMBF�t F�(CLUDED7
(MandatorylnNH) E.L.DISEASE-EAEMPLOYE 5
Ifyes, describe under
D6SCRIP710N OF O?ERASIONS v . DISEASE -POLIGY VMIT 5
A Profe89xonal Giab. 27 Y A$D-9588I-0812 8/24/2011 8 24 aa�a 2,000,000 PaX C].8x
nual Aggregate
DESCRfPTiON OF OPERA710N5! LOCA710N51 VEHICI.ES (Attach ACDR� 101, Addlltonal Remarks Schedule, If more speae ia raquired)
The c2aima made profeasfonal liabiliCy ooverage ie Che total agqregate Zimit for all ciaima
preaented within the policy period and !s subjeat to a deducti62e. ThirCy (30) day notice o£
aanaellation in favor oE trhe aerCiEaate holder. A waivax oP aubrogaC�.on i� inaluded on the
profassional liability policy.�/RS: Denton Municipal &leatrfa Natiural Gae Pipeliae
Ciky o� Aenton V
215 S. McKinney
Aenton TX 76201
ACORD 25 (2i}09/09)
TION
SHOULD ANY OF THE ASOV� DESCRIBED POL[CIES BE CANCELLED BEFQIi�
TH� �XPii2A'fION PAT� THEREOF, NOTiCE WI!! BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIOi1S.
AUTiiOR�ZEG
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