19-368ORDINANCE NO. 19-368
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH O'BRIEN ENGINEERING, INC., FOR ENGINEERING
SERVICES FOR LAKE FOREST PARK POND AND DAM AS SET FORTH IN THE
CONTRACT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (RFQ 6590-048 — PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING SERVICES AWARDED TO O'BRIEN ENGINEERING,
INC., IN THE NOT -TO -EXCEED AMOUNT OF $347,000).
WHEREAS, on March 6, 2018, and June 5, 2018, the City Council approved a pre -qualified
engineer list (Ordinance 2018-331) and the professional services provider (the "Provider")
mentioned in this ordinance is being selected as the most highly qualified on the basis of its
demonstrated competence and qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair, and reasonable, and are consistent
with, and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the 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 an agreement with O'Brien
Engineering, Inc., to provide professional engineering services for the City of Denton, a copy of
which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under this ordinance to the City Manager of the City of Denton, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION5. This ordinance shall become effective immediately upon its passage and
approval.
The itiotion to ajj)ypr(,we this ordinance was made by and
seconded byw _ _ , the ordinance was passed and approved by the
following vote ���:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4: 1/ _......... .................. __
Deb Armintor, At Large Place 5: a." _
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
.1 da of....� r.. , 2019,
.... Y .�.......
....� ..... ......._ ---
CHRIS WA`f�:I"S, AYOR
ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
BY I
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: �w"
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
Docusign City Council Transmittal Coversheet
PSA
6590-048
File Name
Lake Forest Pond and Dam
Purchasing Contact
Jody word
City Council Target Date
February 26, 2019
Piggy Back Option
No
Contract Expiration
"/A
Ordinance
19-368
DS
D
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES (FILE 6590-048)
This AGREEMENT is between the City of Denton, a Texas home -rule municipality
("CITY'), and O'Brien Engineering, Inc., with its corporate office at 2340 E. Trinity Mills
Rd., Ste. 220, Carrollton, Texas 75006 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Rehabilitation of Lake Forest Dam
(the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connection
with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $347,000 in the manner and in accordance
with the fee schedule as set forth in Attachment A. Payment shall be considered full
compensation for all labor, materials, supplies, and equipment necessary to
complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
Amendments to Section 4, if any, are included in Attachment A.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non -owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non -owned is
acceptable.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shal
specified in this AGREEMENT
documented thereon.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 7 of 17
I document that insurance coverage
are provided under applicable policies
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d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first -dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 8 of 17
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m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondent superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 9 of 17
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O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER's agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
Amendments to Section 5, if any, are included in Attachment A.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights -of -way, and access necessary for the
ENGINEER's services or PROJECT construction.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 10 of 17
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
Amendments to Section 6, if any, are included in Attachment A.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER's performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 13 of 17
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEYS FEES IN PROPORTION TO THE ENGINEER'S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 55.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 17
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, CITY is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Section 2252 of the Texas Government Code restricts CITY from contracting with
companies that do business with Iran, Sudan, or a foreign terrorist organization. By
signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER, pursuant to Chapter
2252, is not ineligible to enter into this AGREEMENT and will not become
ineligible to receive payments under this AGREEMENT by doing business with
Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 17
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
N. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the Contractor submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract
is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at:
https://www.ethics.state.tx.us/whatsnew/elf_info_form 1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 — Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission's website within seven business days.
O. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
- Compensation
- Amendments to Standard Agreement for Engineering Services
- Project Schedule
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 17
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
Duly executed by each party's designated representative to be effective on the date
subscribed by the City Manager.
BY:
CITY OF DENTON, TEXAS
FhDocuSigned 6y:
City Manager
2/27/2019
Date:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obl' �Ed�,pd business terms.
Signature
Director of Parks and Recreation
Title
Director
Department
Date Signed: 2/8/2019
APPROVED AS TO LEGAL FORM:
AARON L L,u"Tdi(yATTORNEY
Ma� �P.iA�.IwA�
By:
ATTEST:
CITY SEC a�RYd by:
By' F�G].3ZFi6F-3fJ4.63
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 17
BY:
ENGINEER
O'BRI f.NGNEERING, INC.
C195ECD424C1499...
Joshua McClure, PhD, PE, CFM,PMP
Vice President of Operations
Date:
2/4/2019
2019-444360
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
O'B ideinII ,iin g Iii eelirl ing, IIIin ,
Hydraulics - Hydrology Civil Engineering
January 14, 2019
Mr. Drew Huffman
City of Denton
Superintendent
Parks and Recreation
RE: Engineering Proposal for Rehabilitation of Lake Forest Dam
Dear Mr. Huffman:
O'Brien Engineering, Inc. (OEI) is pleased to present this proposal for engineering services
on the above referenced project. The City of Denton Parks Department (CLIENT) owns and
maintains the Lake Forest Park Lake and associated dam. The dam has experienced
recent erosion and slope stability issues, and CLIENT has asked OEI to prepare a design
to rehabilitate the dam.
Jim O'Brien, PE, CFM and Joshua McClure, PhD, PE, CFM, PMP, with OEI, were
accompanied by CLIENT staff on a site visit on October 30, 2018. Observations of the dam
and spillway were made during that time. The existing dam is approximately 550 feet long
and 20 feet tall. The impounded lake area is approximately 10 acres based on aerial photos.
Based on the geotechnical data provided by CLIENT, the dam consists of clayey soils
overlaying more permeable alluvial deposits overlaying shale. These more permeable soils
appear to be allowing seepage through the dam toe, which was witnessed during the site
visit. In addition, embankment failure and erosion were evident, especially at the left end of
the dam. Beaver activity was evident, and CLIENT staff had indicated that several beavers
had been trapped recently. The existing spillway, at the right end of the dam consists of
multiple RCPs that discharge into an earthen spillway that has been partially armored with
miscellaneous construction debris. The discharge channel falls over 20 feet in elevation
through several falls before discharging into a relatively stable channel. This discharge
channel will need to be stabilized to arrest ongoing severe uncontrolled downcutting,
headcutting and erosion. CLIENT has also reported that significant sediment has
accumulated in the lake allowing lily pads and other aquatic vegetation to dominate along
the lake edges, especially at the upper reaches of the lake.
The dam is currently rated by TCEQ as a small, low hazard dam. Based on this rating, the
dam would need to safely pass 25% of the Probable Maximum Flood (PMF). Based on a
2010 study by CP&Y, the dam would not safely pass this flood event. The spillway would
need to be upgraded to increase the capacity and/or the dam would need to be raised in
order to safely pass the design flow.
CLIENT would like to completely rehabilitate the dam and spillway, and dredge the lake in
order to accomplish the following objectives:
2340 E. Trinity Mills Rd., Ste 220, Carrollton, Texas 75006
972.233.2288 Ph • 972,233.2818 Fx
Celebrating 29 Years!
OBrienEng.com
TBPE Firm No. 3758
SDVOSB
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 2of11
1. Improve the spillway to carry the TCEQ design storm while maintaining pedestrian
access across the spillway,
2. Improve the spillway chute to prevent erosion and dissipate energy of flows before
they enter the channel,
3. Improve dam stability and reduce seepage and piping potential by decreasing the
embankment slopes and installing seepage protection (clay core, grout curtain, toe
and chimney drain, etc.),
4. Clear vegetation from the dam and the dam toe and groin to allow for inspection and
regular maintenance,
5. Dredge the lake to reduce vegetation growth and allow for improved recreation
activities and easier maintenance, and
6. Prepare Emergency Action Plan and Operation and Maintenance recommendations
for incorporation into the Parks Operations and Maintenance Plan.
The engineering Basic Services included below are intended to address these objectives.
No consideration is proposed for aesthetics or park planning. These items can be included
as an additional service at CLIENT's request.
According to CLIENT, the primary purpose of the dam is for stormwater detention and
aquatic wildlife management. OEI's preliminary estimate of lake volume is approximately
100 acre-feet. TCEQ typically allows exemptions for these uses for impoundments that do
not exceed 200 acre-feet. If these uses are valid, and the measured storage volume
remains below 200-acre-feet, then a water rights permit would not be necessary. A formal
legal opinion can be requested and is included as an optional Basic Service below. If
CLIENT would like to pursue a water rights permit, or request concurrence from TCEQ,
then OEI can provide assistance as an Additional Service.
The lake and downstream drainage features are likely jurisdictional Waters of the U.S. and
will require a USACE 404 permit in order to fill or modify them. Dam rehabilitation and
maintenance like this commonly can fall under a Nationwide Permit (NWP), which is
typically reviewed in 45 to 60 days, if it must even be submitted to USACE at all. We won't
know for sure whether the projects meets the NWP requirements until a delineation has
been completed. If an Individual Permit is required, then the approval process will take
closer to 10-14 months.
OEI proposes the following Basic Services:
Basic Services
Data Gathering
a. Topographic Survey — Engage a surveyor to collect topographic data and location
of surface features for the dam and spillway area (up to 4 acres, approximately 110
feet downstream of crest and 75' upstream). No boundary or tree survey is included.
b. Bathymetry Survey — Engage a specialist to collect bathymetry data and estimate
sediment depths with scanner. Limited verification of sediment depths will be
conducted with manual probing.
c. Geotechnical Engineering Data Collection — Engage a geotechnical engineering firm
to collect up to two additional borings near the right end of the dam and spillway.
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 3 of 11
Conduct up to three exploratory test pits near the toe of the dam to determine soil
conditions and rock depth. Engage the geotechnical engineer to make
recommendations for embankment materials, clay core, filter drains, and other
measures to rehabilitate the dam.
d. GIS Data —Acquire readily available GIS data, including FEMA floodplain, NCTCOG
LIDAR, and City land use data.
2. Permitting
a. 404 Permitting
i. Water of the US Delineation — Engage a 404 consultant to delineate the Waters
of the US for approximately 16 acres, including the 10-acre lake.
ii. Pre -Application Meeting — Attend a pre -application meeting with USACE to
discuss permitting feasibility and process.
iii. 404 Permitting — Prepare a 404 permit application and submit to USACE. A NWP
is expected, but an Individual Permit could be required.
b. Dam Safety Permitting
i. Preliminary Design Submittal - Submit plans, specs, and design analysis to
TCEQ at the preliminary phase for review and comment. TCEQ review often takes
over 30 days, which may not be adequate for consideration in the final design.
Incorporate, or address, comments in the Final Design, if received in time.
ii. Final Design Submittal — Submit Final or Corrected Final Design to TCEQ for
review and comments. Respond to comments. May not be received in time to make
plan changes. If comments are received after the design phase is completed, OEI
will consult with CLIENT on disposition.
c. Water Rights
i. Preliminary Water Rights Needs Assessment - Evaluate need for water rights
through review of TCEQ's water rights rules and discussion with TCEQ.
ii. Water Rights Legal Opinion — If requested by CLIENT, obtain a legal opinion on the
need for water rights from a law firm with expertise on the matter. No formal request
to TCEQ will is included.
3. Hydrologic and Hydraulic Analysis and Design
a. Hydrologic Model
i. FEMA Floodplain Flows - Develop hydrologic model for 10, 25, 50, 100, and 500-
year existing condition flows. Use existing CLIENT provided studies as the basis.
ii. Probable Maximum Flood (PMF) — Develop PMF hydrologic model based on the
FEMA Floodplain model developed herein with adjustments to the Antecedent
Runoff Conditions (ARC). Determine Probable Maximum Precipitation using
TCEQ online process and include in model.
iii. Spillway Hydrologic Design — Develop hydrologic model to evaluate the
necessary spillway sizing to meet TCEQ design requirements (25% of PMF).
iv. Breach Hydrology — Estimate breach peak flows using the TCEQ simplified
breach method for the Sunny Day, Design Flood, and Barely Overtopping
Breaches.
b. Hydraulic Model
i. Floodplain Hydraulic Model Update — Update the TNP floodplain model within
the area of the dam survey. Extend cross sections of the model downstream of
the dam, using LIDAR data, to more fully evaluate the impact of breach flows.
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 4 of 11
Run model using FEMA flows and compare BFEs to FEMA's BFEs.
ii. Breach Model — Using the Floodplain Hydraulic Model as the basis, run the
steady-state breach flows through the model and compare to non -breach
conditions to verify the extent of modeling required. It is assumed that the existing
models have adequate downstream coverage and will not require additional
services to extend the model.
c. Dam Breach Mapping and EAP
i. Inundation Mapping — Prepare inundation map for each breach scenario using
LIDAR data downstream of the dam. Identify structures, roads, and major utilities
that could be impacted.
ii. Emergency Action Plan (EAP) — Prepare an EAP that summarizes the breach
analysis and inundation maps, areas that may need to be evacuated during a
breach, triggers of when to start emergency procedures, and emergency
contacts. It is expected that City would provide emergency contact information
for itself and any property owners that need to be notified.
4. Dam Rehab Design — Prepare plans, specifications, and design analysis for dam
rehabilitation and spillway and chute replacement. Include cost estimate at each phase.
Dam rehabilitation is expected to include clearing vegetation from the dam and 50 feet
beyond the dam toe, improving the spillway to a concrete open channel, adding a
concrete lined chute with an energy dissipator at the base. The dam embankment will
have a clay core and/or a filter system added to control seepage, and the slopes
increased to improve stability. Submittals will made at the following phases:
a. Conceptual — Site plan, typical dam section, typical spillway section, and conceptual
spillway chute profile. No plan and profiled at this stage. List of specifications to be
used. Due to timing of the data collection, the conceptual plans will be based on the
current geotechnical data and available LIDAR data.
b. Preliminary — Refine conceptual design and include plan and profile and key dam
and spillway sections. Draft of specifications (will rely mostly on NCTCOG or City
specs).
c. Final — Refine Preliminary design and include full dam sections and spillway/chute
structural details. Fully edited specs, based on NCTCOG or City specs, with custom
specs only for custom dam/dredging needs.
d. Corrected Final — Address City comments.
5. Dredging
a. Evaluation
i. Estimate existing sediment volume based on the bathymetry data.
ii. Dredging Alternatives — Evaluate readily available dredging alternatives in the
area.
iii. Dredging Grading Concepts — Evaluate dredging grading concepts, including
minimum/maximum depths for vegetation growth and public safety. Evaluate the
need for vegetated shelfs to protect against shore erosion. Propose a dredging
concept that minimizes vegetative maintenance while protecting shoreline prone
to erosion.
iv. Conceptual Costs — Prepare conceptual cost estimates for up to three dredging
alternatives
v. Report — Provide a brief report summarizing these findings and
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 5 of 11
recommendations.
b. Dredging Plans and Specifications (can be incorporated in the rest of the dam plans)
i. Preliminary — Prepare Preliminary Plans and Specs for dredging. Plans will be
minimal with bathymetry grades and staging areas identified.
ii. Final — Refine Preliminary Plans and Specs and address City comments.
6. O&M Plan — Prepare Operations and Maintenance (O&M) recommendations to be
incorporated into CLIENT's Dam O&M Plan
7. Meetings — Attend meetings with CLIENT as requested. Six meeting are included.
Additional meetings can be attended as an Additional Service for an additional fee.
8. Construction Administration
a. Bid Phase
i. Bid Package — Assist with preparing bid package that includes plans,
specifications, and bid form with quantities. CLIENT staff will prepare
ii. Bid Evaluation — Evaluate bids and contact bidder references.
iii. Respond to RFIs from contractors
iv. Attend pre -bid meeting to be organized by CLIENT.
b. Construction Phase
i. Attend pre -con meeting to be organized by CLIENT.
ii. Respond to RFIs
iii. Make periodic site visits — Visit the site up to six times during construction to
assess whether the project is proceeding in general conformance with the plans
and specifications.
Exclusions
It is OEI's understanding that the following services are not necessary or will be performed
by CLIENT staff. These can be performed at CLIENT's request as an Additional Service
and at an additional fee.
1. Landscape Architecture or Park Planning — Design of the dam rehabilitation will be
focused on engineering elements and not on park programming or aesthetics, plantings,
or irrigation.
2. Sediment Sampling or Testing — It is OEI's understand that CLIENT staff will conduct
any sediment sampling and testing necessary for verifying adequacy for on or off -site
disposal, including at a landfill.
3. Water Rights Permitting — See discussion above.
4. Tree Survey
5. Floodplain Mapping — Not floodplain mapping will be prepared.
6. FEMA Floodplain Permitting — CLIENT has requested that no LOMC be obtained for
project. OEI will advise whether a significant change in the BFE is expected upstream
of the site that would warrant altering the floodplain.
7. Construction supervision
8. Evaluate contractor pay requests
9. Boundary survey
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 6of11
Schedule
Attached is a draft project schedule based on a Notice to Proceed (NTP) date of February
15, 2019. It is based on current workloads (for OEI and our subconsultants) and assumes
that weather and other factors will not significantly delay data collection. The schedule
assumes CLIENT has one week to review each major submittal and will provide needed
data and responses to questions in a timely manner.
The design delivery date shown in this schedule is May 10, 2019. It is unlikely that approval
of certain permits, such as the 404 permits and TCEQ dam safety, can be obtained during
that time period.
Compensation
Compensation to O'Brien Engineering, Inc. for services described herein shall be according
to the following schedule. Noted outside services will be charged at OEI's cost plus 10%.
OEI has attempted to provide conservative estimates for these services, and final costs are
likely to vary.
A. Basic Services, Item 1.a, at OEI's cost plus 10%. OEI recommend setting a budget
of $28,000, which will not be exceeded without CLIENT authorization.
B. Basic Services, Item 1.b, at OEI's cost plus 10%. OEI recommend setting a budget
of $9,000, which will not be exceeded without CLIENT authorization.
C. Basic Services, Item 1.c, at OEI's cost plus 10%. OEI recommend setting a budget
of $30,000, which will not be exceeded without CLIENT authorization.
D. Basic Services, Item 14 for a fee of $4,000.
E. Basic Services, Item 2.a, for a fee of $18,000.
F. Basic Services, Item 2.b, for a fee of $10,500.
G. Basic Services, Item 2.c.i, for a fee of $3,000.
H. Basic Services, Item 2.c.ii, at OEI's cost plus 10%. OEI recommend setting a budget
of $6,000, which will not be exceeded without CLIENT authorization.
I. Basic Services, Item 3, for a fee of $39,000.
J. Basic Services, Item 4, for a fee of $115,500.
K. Basic Services, Item 5, for a fee of $40,500.
L. Basic Services, Item 6, for a fee of $7,500.
M. Basic Services, Item 7, for a fee of $9,000.
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 7 of 11
N. Basic Services, Item 8.a, for a fee of $12,000.
O. Basic Services, Item 8.b, for a fee of $15,000.
P. Additional Services - on an hourly basis as requested by the CLIENT. Our current
hourly rate schedule is shown below. A separate proposal will be provided on any
additional services item at CLIENT's request.
Q. In addition to compensation for specified services, O'Brien Engineering, Inc. will be
reimbursed for direct project expenses incurred during the course of the project
which are requested by the CLIENT or required for the work, such as copies, scans,
photographs, printing, travel outside the Metroplex, messenger services, digital data,
and the like. CLIENT is also responsible for all fees normally imposed by the City
(Town), FEMA, and others with jurisdiction related to this project.
R. CuErrTe2n!tjHRoYuiY Rates, as of August 2018:
Project Manager r $198_00 Senior Designer �. m mmm$1$1m2102_OOJ
Principal
Senior Hvdroloqist $188.00 Senior CADD Tech .00
EngineerSenior Operator Project Engneer $160.00 Tech I/CADD Oper at '.... ....._$8700
Task Engineer $141.00 Support Staff $71.00
Staff Engineer $125.00 _ 1
OEI reviews and revises our rates semiannually. Generally, the rates in place at
commencement of the project will prevail for that project for the lesser of the length
of the project or one year. Nonetheless, OEI reserves the right to make off -cycle
revisions as market conditions may mandate.
This proposal shall be valid for 45 days after the date of this letter. The terms of the contract
will be valid for a period of twelve (12) months from the date of the executed contract. The
contract term may be extended by specific written mutual agreement of both parties. If work
is suspended for a period of 60 days or more, OEI shall have the right to amend the contract
by fee, scope, and schedule.
Thank you for your consideration of this proposal. If this proposal meets with your approval,
please sign and return a copy for our files as your notice to proceed. We look forward to
serving you.
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
ATTACHMENT A
Mr. Drew Huffman
January 14, 2019
Page 8 of 11
Sincerely,
O'BRIEN ENGINEERING, INC
TBPE Firm No. 3758
�6shua. McClure, PhD, PE, CFM, PMP
Vice President of Operations
APPROVED: CITY OF DENTON
Todd Hileman
Name:
DocuSigned by-
��� �kt(,tw�a�n,
Signature:
2/27/2019
Date'.
DocuSign Envelope ID: 08AC7E5F-7F33-46OD-9200-D93269DD4DCA
ATTACHMENT A
1
NTP
0
02/15/19
02/15/19
2
1 Data Gathering
21d
02/15/19
03/15/19
3
a. Topo Survey
20d
02/18/19
03/15/19
IFS +1 d
4
b. Bathymetry
13d
02/27/19
03/15/19
3SS +7d
5
c. Geotech
2d
02/18/19
02/19/19
1 FS +1 d
6
d. GIS
5d'
02/15/19
02/21/19
1
7 =-?
2 Permitting
94 d
02/19/19
06/28/19
8
— a. 404 Permitting
86C'1
02/27/19
06/28/19
4
Delineation
adl..
02/27/19
03/05/19
1 FS +Bd
I
Pre-App Meeting
11d
03/08/19
03/08/19
9FS+2d
11
Permit App
11 O d
04/08/19
04/19/19
26
USACE Permit Review (NWP)
50d
04/22/19
06/28/19
11
b. Dam Safety
80 d
03/1 1 M 9
06/28/19
94
Preliminary TCEQ Submittal
5d
03111/19
03/15/19
24
15
Prelim TCEQ Review
30d
03118/19
04126/19
14
16
Final TCEQ Submittal
5,d
05113/19
05117/19
NT +5d
17
Final TCEQ Review
30d
05120119
06128119
16
cw Water Rights ._
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02119/19
02125119
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91 ,—
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021151119
05/15d19
20
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15d
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02/19/19
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52d
02/28/19
05/10/19
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7d
02/28/19
03/08/19
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25
City Review
5d
03/11/19
03/15/19
24
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b. Preliminary
15d
03/18/19
04/05/19
3, 5, 25FS -2d
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City Review
,5cd
04/08/19
04/12/19
26
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1Ord
04/15/19
04/26/19
27
City Review
51d
04/29/19
05/03/19
28
30
d. Corrected Final
5d
05/06/19
05/10/19
29
'I
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25-d
03/11/19
04/12/19
.,
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03/11/19
03/22/19
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5d
03/25/19
03/29/19
32
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City Review
5d
04/01/19
04/05/19
33
5
Finial Design
5d
04/08/19
04/12/19
34
1
Design Finished
0
05/10/19
05/10/19
30,34
DocuSign Envelope ID: 08AC7E5F-7F33-460D-9200-D93269DD4DCA
Exhibit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity. O' BRIEN ENGINEERING, INC.
2 El
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.
3 1 Name of local government officer about whom the information in this section is being disclosed.
None
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
F—x—]
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes F—x—] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
F—x—]
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
None
4
❑I have no Conflict of Interest to disclose.
5 uSigned by:
56W. k(✓l w, 2/4/2019
Yn��t4k9�-doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 08AC7E5F7F3346OD920OD93269DD4DCA
Subject: Please DocuSign: City Council Contract 6590-048
Source Envelope:
Document Pages: 28 Signatures: 7
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
1/29/2019 1:51:08 PM
Signer Events
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Joshua McClure
jmcclure@obrieneng.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/4/2019 9:32:29 PM
ID: 60f9f3e4-8a82-483c-adO6-1 aeO4e6fecde
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Signature
Completed
Using IPAddress: 129.120.6.150
E
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
[D—Si,ned by:
7F9D328BF0204E5...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
ED11uSi,n1d by:
bS�.ua. dtiLGr,(,�yt,
C195ECD424C1499...
Signature Adoption: Pre -selected Style
Using I P Address: 47.188.35.181
Doclut
S 9 C U a 9 0
Status: Completed
Envelope Originator:
Lori Hewell
901 B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 1/29/20191:58:31 PM
Viewed: 1/29/2019 1:58:53 PM
Signed: 1/29/2019 2:07:13 PM
Sent: 1/29/2019 2:07:19 PM
Viewed: 1/29/2019 2:07:47 PM
Signed: 1/29/2019 2:07:51 PM
Sent: 1/29/2019 2:07:57 PM
Viewed: 2/4/2019 12:03:57 PM
Signed: 2/4/2019 12:05:03 PM
Sent: 2/4/2019 12:05:10 PM
Resent: 2/4/2019 5:44:57 PM
Viewed: 2/4/2019 9:32:29 PM
Signed: 2/4/2019 10:05:27 PM
Signer Events
Gary Packan
Gary. Packan@cityofdenton.com
Director of Parks and Recreation
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/5/2019 4:18:13 AM
ID:673c5324-d75d-47b4-83aa-25dad4166950
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd. Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21
Jane Richardson
jane.richardson@cityofdenton.com
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
��-OocuSignetl b�
YYY/�A��C6/A/1E9F7A4264A9...
Signature Adoption: Drawn on Device
Using IPAddress: 129.120.6.150
Using IPAddress: 129.120.6.150
[D—Si,ned by:
B77SC711BAOD454...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
EDO-Si,ned by:
aan.t, �tG�t.aY'O�Sbtn,
F96137F96F3D4D3...
Signature Adoption: Pre -selected Style
Using IPAddress: 129.120.6.150
Signature
Status
Status
Status
Status
Status
Timestamp
Sent: 2/4/2019 10:05:29 PM
Resent: 2/6/2019 4:09:57 PM
Resent: 2/6/2019 4:35:41 PM
Resent: 2/7/2019 2:35:55 PM
Viewed: 2/5/2019 4:18:13 AM
Signed: 2/8/2019 7:20:51 AM
Sent: 2/8/2019 7:20:53 AM
Viewed: 2/27/2019 8:55:25 AM
Signed: 2/27/2019 8:55:40 AM
Sent: 2/27/2019 8:55:44 AM
Viewed: 2/27/2019 9:26:02 AM
Signed: 2/27/2019 9:26:08 AM
Sent: 2/27/2019 9:26:11 AM
Viewed: 2/27/2019 9:56:03 AM
Signed: 2/27/2019 9:56:34 AM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 1/29/2019 2:07:18 PM
Carbon Copy Events Status Timestamp
Jane Richardson Sent: 2/27/2019 8:55:42 AM
jane.richardson@cityofdenton.com Viewed: 2/27/2019 9:54:51 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Bridges Sent: 2/27/2019 9:56:36 AM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 2/27/2019 9:56:37 AM
jane.richardson@cityofdenton.com Viewed: 2/27/2019 10:00:07 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Drew Huffman Sent: 2/27/2019 9:56:38 AM
drew.huffman@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/13/2018 2:52:26 PM
ID:Ofcc9a04-4fe5-41d0-935e-32877832cf92
Jody Word Sent: 2/27/2019 9:56:40 AM
jody.word@cityofdenton.com Viewed: 2/27/2019 9:57:11 AM
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
2/27/2019 9:56:40 AM
Certified Delivered
Security Checked
2/27/2019 9:56:40 AM
Signing Complete
Security Checked
2/27/2019 9:56:40 AM
Completed
Security Checked
2/27/2019 9:56:40 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Joshua McClure, Gary Packan, Todd Hileman, Drew Huffman
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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If you decide to receive notices and disclosures from us electronically, you may at any time
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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us. Thus, you can receive all the disclosures and notices electronically or in paper format through
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How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
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To request delivery from us of paper copies of the notices and disclosures previously provided
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consequences of your withdrawing consent for online documents will be that transactions
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** These minimum requirements are subject to change. If these requirements change, we will
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