20-192ORDINANCE NO. ZO-192
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIl'AL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH STEARNS, CONRAD AND SC�-IlV�T, CONSULTING
ENGINEERS, INC. (DBA SCS ENGINEERS) FOR THE INSTALLATION OF 12 VERTICAL
GAS WELLS, 8" GAS HEADER PIPING AND 6" GAS LATERAL PIPING FOR THE SOLID
WASTE LANDFILL DIVISION AS SET FURTH IN THE CONTRACT; PROVIDINGFOR TI�
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ
7109-002 — PROFESSIONAL SERVICES AGREEMENT FOR THE INSTALLATION OF 12
VERTICAL GAS WELLS, 8" GAS HEADER PIl'iNG AND 6" GAS LATERAL PII'ING FOR
THE SOLID WASTE LANDFILL DIVISION AWARDED TO STEARNS, CONRAD AND
SCHN�T, CONSULTING ENGINEERS, INC. (DBA SCS ENGINEERS), IN THE NOT-TO-
EXCEED AMOUNT OF $237,654).
WHEREAS, on October 8, 2019, the City Council approved a pre-qualified professional and
engineer list (Ordinance 19-2305), 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 ma�mum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Cit� Manager is hereby authorized to enter into an agreement with Stearns,
Conrad and Schmidt, Consulting Engineers, Inc. (dba SCS Engineers), 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 ofDenton
under this ordinance to the City Manager of the City of Denton, or his designee.
SECTIQN 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motio � o a p�� ��� � the ordinance was p pp ed by W and seconded
� rara� tlus ordinance was made b ��, �,:` w �; �
by � ��"�� °. m , assed and a rov the following
vote - �]:
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Place 6:
Aye
Nay Abstain Absent
�
PASSED AND APPROVED this the day of a,,� . 2020.
0
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
�� ���
�� . �
BY: �,W,�,��."� '�,Y��..._.� ,����
APPROVED �A.� TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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�....__........ r ...�
BY: �,..�i ' -�Z�°"lGo.`���.��..e--c.: "�°
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DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 7109-002
STATE OF TEXAS §
COUNTY OF DENTON §
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Stearns, Conrad and Schmidt, Consulting
Engineers, Inc., with its corporate office at 1901 Central Drive, Suite 550, Bedford, Texas
76021, hereinafter
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, 2020 GCCS Expansion and Vertical Extraction
Well Installation, as described in Exhibit A.
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A.
attached hereto and made a part hereof as Exhibit A as if written word for word herein.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
B. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit A, which shall be attached to this Agreement and made a part
hereof.
C. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit A.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration,
dispute review boards, or other legal and/or administrative proceedings in the defense or
prosecution of claims disputes with Contractor(s).
D. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit A.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit A. The contract shall remain effective for a period which may
reasonably be required for the completion of the Project, acceptance by an authorized
representative of the OWNER, exhaustion of authorized funds, or termination as provided in this
Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1.
employment of others in outside firms for services related to this agreement.
2. -
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit A which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $237,654.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
the OWNER.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit A. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff,
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within t
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
tten notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make 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.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
Al
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a p
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain insurance in compliance with the requirements of Exhibit B which is attached hereto
and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
To CONSULTANT: To OWNER:
Stearns, Conrad and Schmidt, City of Denton
Consulting Engineers, Inc. Purchasing Manager File 7109-002
(SCS Field Services) 901B Texas Street
Jason Lewallen Denton, Texas 76201
1901 Central Drive, Suite 550
Bedford, Texas 76021
All notices shall be deemed effective upon receipt by the party to whom such notice is
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A , Compensation Rate and Project
Schedule
Exhibit B
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Jason Lewallen. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E.
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ARTICLE XXIV
Prohibition On Contracts With Companies Boycotting Israel
Supplier 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.
Government Code. By signing this agreement, Supplier certifies that Supplier
provides written verification to the City that Supplier: (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.
ARTICLE XXV
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,
Supplier certifies that Supplier
Supplier, 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.
ARTICLE XXVI
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_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject
line. (EX: Contract 1234 Form 1295)
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
The OWNER 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
C
ARTICLE XXVII
PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is involved in
the development, evaluation, or decision-making process of the performance of any solicitation
shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as
-757 and in the City Charter chapter 2 article XI(Ethics).
Any willful violation of this section shall constitute impropriety in office, and any officer or
employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any
violation of this provision, with the knowledge, expressed or implied, of the Contractor shall
Conflict of Interest Questionnaire.
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
CITY OF DENTON, TEXAS
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
__________________________________
TODD HILEMAN, CITY MANAGER
_______________ ________________
SIGNATURE PRINTED NAME
ATTEST:
__________________________________
CITY SECRETARY
TITLE
BY: _______________________________
__________________________________
DEPARTMENT
STEARNS, CONRAD AND SCHMIDT,
CONSULTING ENGINEERS, INC.,
A CALIFORNIA CORPORATION
__________________________________
BY: RON WILKS
ITS: _________________________
__________________________________
APPROVED AS TO LEGAL FORM:
TEXAS ETHICS COMMISSION
AARON LEAL, CITY ATTORNEY
CERTIFICATE NUMBER
BY: ____________________________
City of Denton, Texas Contract 7109-002
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ExhibitA
Environmental
Consultants & Contractors
SCOPE OF WORK
SCHEDULE
1901 Central Drive, Suite 550, Bedford, TX 76021|817-571-2288| eFax 817-571-2188
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Randall Morris
December 4, 2019
Page 2
ASSUMPTIONS AND CONDITIONS
COST ESTIMATE
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Randall Morris
December 4, 2019
Page 3
CLOSING
8,3008,7509,4503,6006,0004,8002,2507,8006,915
96,70916,00021,08046,000
237,654
Total
12/4/2019
$$$$$$$$$$$$$$
9745172350
800
SCS ENGINEERS
Total
8,3008,7501,5752,4002,2502,6006,915
Unit Price
$$$$$$$$$$$$$
62131
11
8020
997120
1,2402,000
Quantity
Estimated
LFLFLFLS
LSLS
VFVF
EAEAEAEA
HR
Units
Landfill
City of Denton
Grade)
-
foot/hour
-
Gas Collection and Control System (GCCS) Expansion
(Draft)
Item Description
Plate Wellhead (QED Model ORP215)Quantities
inch HDPE SDR 11 Well Casings)
-
Design
GCCS
Denton_
Change Orifice
-
20191122
of
Copy
\\
in (Outside of waste)
Denton
\\
-
in to Lateral Riser
-
inch CMP Road Crossing
-
inch QED Quickinch HDPE SDR 17 Lateral Pipeinch HDPE SDR 17 Lateral Pipeinch Header Isolation Valve (Gear Operated, Below
----Documents
\\
MobilizationDrilling MobilizationVertical LFG Extraction Wells (6Drilling Past Obstructions/Drilling Less than 2Wellbore Abandonment2681218" Tie8" Tie8Construction Phase Engineering
Services
4264bcl
\\
123456789
Users
\\
10111213
C:
Item No.
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughoutthe course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton,Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the PurchasingDepartment, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
A-VII or better
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
\[X \]General Liability Insurance:
$1,000,000.00
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
\[X\]Automobile Liability Insurance:
$500,000.00
\[X\]
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Owner's and Contractor's Protective Liability Insurance
Professional Liability Insurance
Builders' Risk Insurance
Commercial Crime
Additional Insurance
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
ATTACHMENT 1
\[\]
Governmental Entities
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
DocuSign Envelope ID: B4565C67-2180-45AA-B1F4-AD3C921D6B4A
Exhibit
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as
defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after
the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Name of vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship
as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an
officer or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Certificate Of Completion
Envelope Id: B4565C67218045AAB1F4AD3C921D6B4AStatus: Completed
Subject: Please DocuSign: City Council Contract 7109-002 2020 GCCS Expansion & Vertical Extraction Well Inst.
Source Envelope:
Document Pages: 27Signatures: 6Envelope Originator:
Certificate Pages: 6Initials: 1Laura Hermosillo
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)laura.hermosillo@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: OriginalHolder: Laura HermosilloLocation: DocuSign
12/31/2019 12:28:10 PM laura.hermosillo@cityofdenton.com
Signer EventsSignatureTimestamp
Laura HermosilloSent: 12/31/2019 12:40:49 PM
Completed
laura.hermosillo@cityofdenton.comViewed: 12/31/2019 12:41:06 PM
Senior BuyerSigned: 12/31/2019 12:41:11 PM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ron WilksSent: 12/31/2019 12:41:15 PM
RWilks@scsengineers.comViewed: 12/31/2019 12:45:00 PM
Vice PresidentSigned: 12/31/2019 12:58:50 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 63.42.86.209
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori HewellSent: 12/31/2019 12:41:14 PM
lori.hewell@cityofdenton.comViewed: 12/31/2019 2:55:27 PM
Purchasing ManagerSigned: 12/31/2019 2:59:44 PM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 129.120.6.150
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack ReinwandSent: 12/31/2019 12:41:14 PM
mack.reinwand@cityofdenton.comViewed: 12/31/2019 3:07:26 PM
City of DentonSigned: 12/31/2019 3:08:28 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer EventsSignatureTimestamp
Brian BoernerSent: 12/31/2019 3:08:32 PM
Brian.Boerner@cityofdenton.comViewed: 12/31/2019 3:10:34 PM
Director of Solid WasteSigned: 12/31/2019 3:12:03 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Accepted: 12/31/2019 3:10:34 PM
ID: 5dc7f398-96a5-4776-b8d4-aca91950408a
Cheyenne DefeeSent: 12/31/2019 3:12:07 PM
Completed
cheyenne.defee@cityofdenton.comViewed: 1/28/2020 3:54:09 PM
Contract AdministratorSigned: 1/29/2020 9:42:54 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd HilemanSent: 1/29/2020 9:42:58 AM
Todd.Hileman@cityofdenton.comViewed: 1/29/2020 10:00:35 AM
City ManagerSigned: 1/29/2020 10:00:57 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 107.77.200.80
(None)
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa RiosSent: 1/29/2020 10:01:01 AM
rosa.rios@cityofdenton.comViewed: 1/29/2020 12:09:34 PM
City SecretarySigned: 1/29/2020 12:10:23 PM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 129.120.6.150
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Cheyenne DefeeSent: 12/31/2019 12:41:14 PM
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 12/31/2019 3:12:07 PM
sherri.thurman@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 1/29/2020 9:42:57 AM
jane.richardson@cityofdenton.comViewed: 1/29/2020 11:33:19 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Zolaina ParkerSent: 1/29/2020 9:42:58 AM
Zolaina.Parker@cityofdenton.comViewed: 1/29/2020 12:12:55 PM
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Randall MorrisSent: 1/29/2020 12:10:27 PM
Randall.Morris@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jody WordSent: 1/29/2020 12:10:27 PM
jody.word@cityofdenton.comViewed: 1/29/2020 12:25:56 PM
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted1/29/2020 12:10:27 PM
Certified DeliveredSecurity Checked1/29/2020 12:10:27 PM
Signing CompleteSecurity Checked1/29/2020 12:10:27 PM
CompletedSecurity Checked1/29/2020 12:10:27 PM
Payment EventsStatusTimestamps
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