21-488ORDINANCE NO. 21-488
AN ORDNANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNIcnAL
CORPORATION, AUTHORLZnVG THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT wrrH HAZEN AND SAWYER, P.C.
FOR RECLAMATION SOLOS HANDLING FOR THE PECAN CREEK WATER
RECLAMATION PLANT; PROVDING FOR THE EXPENDrrURE OF FUNDS THEREFOR;
AND PROVDING AN EFFECTIVE DATE (RFQ 7350 – PROFESSIONAL SERVICES
AGREEMENT FOR RECLAMATION SOLIDS HANDLING SERVICES AWARDED TO
HAZEN AND SAWYER, P.C., IN THE NOT-TO-EXCEED AMOUNT OF $1,993,302.00).
WHEREAS, Hazen and Sawyer, P.C., the professional services provider (the “Provider”) set
forth 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 ORDAnqs:
SECTION 1. The City Manager, or their designee, is authorized to enter into a professional
service contract with Hazen and Sawyer, P.C., for Reclamation Solids Handling for the Pecan Creek
Water Reclamation Plant.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, Texas 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 their designee.
SECTION 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.
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Mayor Gerard Hudspeth:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul M[eltzer, At Large Place 6:
P J!I!I\L S S E ]]} ]f(II!IL ][\[ ]:11 JIII11LP PRC) VED this the d 3 ( day of NUrC/ L 2021
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY Lu tri 1 1:If/l/
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AAOB04
DENTON
Docusign City Council Transmittal Coversheet
RFQ 1 7350
File Name sollds Handllng
PurchasingContact Gabby Leeper
City C,,„iIT„g,tD,t, M ;''h 23’ 2021
p1 i cab1 ePiggy Back Option
Contract Expiration
Ordinance
Not AP
N/A
21–488
DocuSign Envelope ID: 124F6134-73BC-4C9F-9631-225367AAOB04
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and HAZEN AND SAWYER, P.C., with its corporate office at 500 West 7th
Street. Suite 702. Fort Worth. TX 76102. and authorized to do business in Texas
("ENGINEER"), for a PROJECT generally described as: Solid’s Handling (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 $1,993,302 in the manner and in
accordance with the fee schedule as set forth in Attachment A. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) in the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) if the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
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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
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
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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 materials1
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment A.
(2) in providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
City of Denton, Texas
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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.
1.Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
City of Denton. Texas
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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.
1.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.
11.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.
1.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
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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.
1.ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d.Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution .
b Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
City of Denton, Texas
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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.
1.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.
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
City of Denton, Texas
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The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation .
(2) if asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
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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
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER’s performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
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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."
(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.
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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
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
City of Denton, Texas
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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.
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
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18
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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 ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. 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
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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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.
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
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18
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at the time the Engineer submits the signed contract. The Texas Ethics Commission
has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission .
Engineer 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.
2
3
4
5
6.
Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm
Register utilizing the tutorial provided by the State
Print a copy of the completed Form 1295
Enter the Certificate Number on page 2 of this contract.
Complete and sign the Form 1295
Email the form to purchasing@cityofdenton.com with the contract number
subject line. (EX: Contract 1234 – Form 1295)
in the
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. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Engineer shall complete and submit the City’s
Conflict of Interest Questionnaire.
P. 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:
City of Denton, Texas
Standard Agreement for Engineering Related Design ServicesRevised Date: 9/6/18
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Attachment A - Consultant’s Scope of Services Offer, Project Schedule and Rate Sheet
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.
EN(,INEER
CITY OF DENTON, TEXAS
by:
lakcBYlaS:mAmPI
BY:
Printed Name:Cham1 ndra Dassanayake ATTEST:
ROSA RIOS, CITY SECRETARY
Title: V1 ce Presldent
469-766-0669
PHONE NUMBER
CDassanayake@hazenandsawye r . com
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
EMAIL ADDRESS
cdassanayakeOhazenandsawyer . com
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
2021-728797
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
Terry Naulty
PRINTED NAME
rnterlm Di rector of water/Wastewater
TITLE
ut11 1 tIes Administration
DEPARTMENT
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
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Hazen Exhibit A- Consultant's Scope of Services Offer,
Project Schedule and Rate Sheet
Scope of Work
RFCI – 7350
Reclamation Solids Handling
Pecan Creek Solids Handling Project
The project comprises of refurbishment and enhancement of the solids handling facilities at the PCWRF
to improve reliability and prepare the plant for uprating the capacity by implementing chemically
enhanced primary treatment (CEPT). The project is divided into two bid packages and one separate plant
uprating permitting assistance task.
The first bid package is a fast-track design for the anaerobic digester valve and cover replacement. The
services for this task include detail design, bidding phase service and construction phase services.
The second bid package is the remainder of the solids handling improvements and includes evaluation,
development of a preliminary engineering report for submission to TCEQ building permit application,
preparation of construction documents, bid assistance, construction administration support, and start
UP/ commissioning services.
In addition to the two bid packages, the project also consists of providing TCEQ permitting assistance for
the uprating of the facility using CEPT expansion.
Per RFa 7350 and negotiation with the City of Denton the following line items comprises the scope
areas for the project:
Installation of:
1. Three (3) rotating drum thickeners, feed pumps, discharge pumps, wash water pumps, and
polymer feed system in a covered canopy structure open on all sides.
2. New primary sludge pump station on the North Process Train.
3. New RAS and WAS sludge pumps within the existing facilities to meet new hydraulic
conditions
4. Large bubble mixing system to be installed in existing sludge holding basin to allow for mixing
primary and waste activated sludge prior to thickening.
5. Primary sludge screening facility to remove rags and debris from the primary sludge to
improve operations and reduce maintenance of downstream solids processes.
6. Concrete containment berm around existing digesters consisting of a 12 to 18-inch tall curb
around the existing digester with drain to the plant drain to the west.
7. Storage Building to house existing portable generators and emergency bypass equipment.
The metal building to have spray foam insulation and be approximately 100’x60’. Electrical
service to include lighting and outlets for plugging in equipment while being stored. No
motor control centers or office space to be designed. HVAC will be gravity dampers with
exhaust fans. No heating or air conditioning is to be provided.
8. Fencing and one gate entrance along the southern boundary of plant site to provide security
9. All necessary yard piping modifications to facilitate completion of the project including
sludge piping to and from the sludge blend tank, new primary sludge pump station, RDTs,
polymer systems, and filtrate.
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Hazen
Replacement of:
10. All existing primary sludge pumps and grit pumps
11. Electrical motor control center (MCC) in the Lamson Blower Building to supply power to new
thickening equipment.
12. South Return Activated Sludge (RAS) Electrical MCC. Refeed existing loads from the new MCC
in the Lamson Blower Building.
13. Aeration Basin (8 basins) Diffusers with 9“ membrane diffusers. Current diffusers are near
end of life and are obsolete
14. Replacement of existing air valves at the aeration basins. New valves to have motor
actuators.
15. Replacement of primary anaerobic digester cover
16. Replacement of anaerobic digester valves in basement of Digester Building
Completion of:
17. Cleaning of the primary anaerobic digester
18. Complete rehabilitation of the Belt Filter Presses (2) and conveyor system consisting of
mechanical refurbishment with new rollers and other wear parts. Does not include upgrade
to controls.
19. Assess the need for Odor Control for the sludge blend tank
1.Bid Package 1 – Anaerobic Digester Valves and Cover
Task 100 - Detailed Design (90% Design and Bid Set)
Hazen and Sawyer (ENGINEER) will conduct a kick-off meeting with the City where the project scope of
work, budget and schedule will be reviewed.
The design will involve development of contract documents, which will include construction plans, details,
technical specifications, and other documents to establish and depict the size, character, and extent of the
Work with respect to:
•
•
•
•
Replacement of the floating cover on the Primary Digester with a new steel gas holder floating
cover. New cover to have new pressure relief and flame arresters and new digester gas piping to
the existing swivel joint
Replacement of plug valves in the basement of the Digester Building
Dewatering and cleaning of the Primary and Secondary Digester including miscellaneous concrete
repair of tank and concrete pilasters that support to digester cover.
Improvements to digester gas piping system to allow full gas flow to the waste gas burner.
The contract plans will be prepared using 2D AutoCAD. As part of the final design, the ENGINEER will
incorporate the City’s bidding and contract documents and will also provide an opinion of probable
construction cost.
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Hazen
The following deliverables have been established for design, which will be provided at the 90% design
completion point:
Deliverables for 90% Design Completion
• Plans, Sections and details for all disciplines
• Complete technical specifications
• Cost estimate
The 90% documents will be submitted to the City for review and comments.
Deliverables for Design Completion
Upon receipt of the City’s comments on the 90% design deliverable, the ENGINEER will revise the set
and issue signed and sealed bid documents, which will include the input required by the City
Purchasing Department in the "front-end" documents, along with the design drawings and technical
specifications.
Scope Item Assumptions:
•
•
•
•
•
•
•
•
•
•
The City standard front end (general and supplemental conditions and Division 1
specifications) documentation for inclusion into the contract documents will be
provided by the City
The City staff will provide comments to the ENGINEER on the 90% drawings and
specifications. Turnaround time on comments is assumed to be within 1 week
The City and ENGINEER staff will attend the 90% submittal workshop via video
conference.
No permitting services are provided.
No civil design service are included.
Electrical and instrumentation services are included for replacement of the digester gas
flow meter on the waste gas burner.
Structural services shall be limited to general concrete repair details including repair
detail for top of pilasters.
Existing valves will be replaced in kind.
ENGINEER will evaluate digester gas piping system headloss to coordinate set points for
digester cover, cover pressure relieve valves, and pressure regulating valve at the waste
gas burner. Required piping and flow meter modifications will be designed.
Submittals shall include one (1) electronic copy of CAD files and word documents, one pdf
electronic copy of entire bid set, and three (3) sets of bound 8 1/2-inch by 11-inch
specifications and three sets of half size (11-inch by 17-inch) drawings (hard copy)
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Hazen
Meetings:
• One (1) 2-hour kick-off meeting
• One (1) milestone review workshop
Deliverables:
• 90% Design submittal
• Signed and sealed bid set
• Comment log with responses to City comments
Task 140 Bid Phase Services
The ENGINEER will assist the City during the bid period by performing the following tasks:
•
•
•
•
•
Attend a Pre-Bid Meeting
Respond to Bidder Inquiries
Preparation of Technical Addenda Content
Review bids and bidder references for completeness and recommend contract award,
based on the lowest responsive and responsible bidder.
Prepare a conformed set of contract documents including the issued Addenda.
Scope Item Assumptions:
•
•
•
The City will provide the City’s updated standard and special provisions and forms for
required bid documents.
The City will arrange for all documents and addenda to be distributed to prospective
bidders including reproduction of hard copies.
The City will advertise the projects for bidding, maintain the list of prospective bidders,
receive and process deposits for all bid documents, receive and respond to bidder
inquiries (with the assistance of the ENGINEER for technical response), issue (with
assistance of ENGINEER) any addenda, and conduct bid opening.
The City will prepare bid tabulation forms.
The City will receive the ENGINEER’s recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning bid
awards.
The City will prepare, review, and provide copies of the contract for execution between
the City and the Contractor.
This Scope of Services does not include time for the ENGINEER to assist the City in the
event of bid protests
•
•
•
•
Meetings:
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Hazen
• One (1) two-hour Pre-bid Meeting
• One (1) two-hour meeting to discuss bids with the City
Deliverables:
•
•
•
•
Bid Documents and Addenda
Agenda and meeting minutes for pre-bid conference
Bid Review Form and recommendation for contract award
Complete As-Bid Conformed Contract Documents including one (1) electronic copy of CAD
files and word documents of the conformed plans and specifications. Five (S) sets of
bound 8 %-inch by 11-inch specifications and five sets of half size conformed drawings
(11-inch by 17-inch).
Task 160 - Construction Phase Services
The ENGINEER will assist the City during the construction phase, by providing the following
erIglneerlrlg services:
•
•
•
e
•
•
•
Attend a pre-construction meeting with the City and the Contractor.
Attend monthly progress meetings to update on construction progress with City.
Review and approve submittals and maintain the submittal log.
Provide interpretations and clarifications of the contract documents based on the
contractor’s requests for information (RFls) and review required changes. Maintain RFI
log
Review contractor pricing for change order requests.
Review, approve and compile the O&M Manual deliverables required by construction
contracts and by equipment suppliers.
Make up to 6 periodic site visits to confer with the City project inspector and contractor
to observe the general progress and quality of work, and to determine, in general, if the
work is being done in accordance with the contract documents. This effort is in addition
to the project representative observation (from the City or other) and does not include
continuous monitoring of the progress of construction.
Make final inspections with the City Staff and provide the City with a letter of substantial
completion and letter of final completion for the project. The ENGINEER will maintain the
punch-list of final construction items for each discipline
Review construction “red-line" drawings and incorporate them into a set of record
drawings of the Project as constructed (from the “red-line" drawings, inspections and the
contractor provided plans) and deliver to the City, a reproducible set and electronic file
of the record drawings within two (2) months of final acceptance of the project.
•
•
Scope Item Assumptions:
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Hazen
•
•
•
•
•
•
•
Expected construction duration is 9 months, including digester cleaning, installation,
startup, and commissioning.
City to arrange for a site inspector to continuously monitor the progress of construction
Total number of submittals is estimated at 20. Submittal review assumes 25% resubmittal
Review and respond to 15 RFls.
The City will process applications/ estimates for payments to Contractor.
The City will conduct the substantial completion inspection and final completion
inspection with the ENGINEER.
Construction submittals, RFls and Meeting Minutes will be managed in Procore Document
Management System for documentation and review workflow.
Meetings:
• One (1) two-hour pre-construction meeting
• Nine (9) monthly progress meetings
• Four (4) one-hour site visits (can be conducted following monthly progress meetings)
• One (1) two-hour punch list walkthrough site visit
Deliverables:
•
•
•
•
•
•
RFI responses
Change order review comments
Submittal review and comments
Record drawings
Meeting agenda, sign-in sheet, and meeting minutes
Project progress reporting and invoicing
2.Bid Package 2 - Solids Handling Improvements
Task 200 - Preliminary Design
Engineer will conduct a kick-off meeting with the City where the project scope of work, budget and
schedule will be reviewed. Also during the kick-off meeting, the Engineer will review and discuss the
design criteria and layouts from the previous work completed for the City to review and comment.
As part of the preliminary design, necessary evaluations (condition assessments) will be performed and
the basis of design will be documented, and 30% drawings will be developed of the key areas. This
information will be compiled into a preliminary design report per TCECI requirements. As part of this
task, a 30% level opinion of probable construction cost will also be prepared. The PDR will be submitted
to TCEQ for review.
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A draft PDR report will be submitted to the City for review. A workshop will be conducted to review the
PDR and get comments from the City. Comments will be included into the final PDR before submission
to the City and TCECI.
Scope Item Assumptions:
• 30% drawings will be prepared for key areas (RDT, Primary sludge PS, Primary Sludge Screening,
Sludge Blend Tank, Storage building, etc.). Equipment which will be replaced in kind will be
included as part of detailed design.
• City will review draft PDR within 2 weeks of submission by the Engineer,
• Engineer will facilitate a PDR workshop to obtain review comments from the City.
• Monthly progress will be reported as part of monthly progress meetings
• Included allowance for Engineer to subcontract with surveyor and geotechnical engineering
firm
Meetings:
• One (1) 2-hour kick-off meeting
• One (1) 2-hour PDR review workshop
Deliverables:
• Draft PDR
• Kick-off meeting comments/minutes
• PDR review workshop comments/ minutes
• Final PDR (5 hard copies and one PDF copy to the City; 1 hard copy to TCEQ)
Task 220 - Detailed Design (60%, Pre-final (90%), and Final (100%))
The design will involve development of a set of contract documents, which will include construction plans,
details, specifications, and other documents to establish and depict the size, character, and extent of the
entire project with respect to architectural, structural, site work, mechanical, instrumentation and
electrical systems, and such other elements as may be appropriate
The contract plans will be prepared using a combination of Revit and 2D AutoCAD. As part of the final
design, the ENGINEER will develop contractual conditions and instructions to bidders and will also update
the project cost estimates and construction schedule, to reflect the level of design completion.
As part of preparing the final design, the ENGINEER will conduct an internal constructability review. This
review will focus on the ease with which the facility can be constructed at the selected site, be integrated
with existing facilities, and avoid interferences and other obstacles that could cause construction delays or
difficulties while maintaining plant operations. The ability to maintain existing facilities in service
throughout construction will also be examined as part of the constructability review.
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Hazen
Design documents will be submitted to the City at various stages during final design. The following
deliverables have been established for design, which will be provided at the 60% and 90% design
completion points, respectively:
Deliverables for 60% Design Completion
• Technical specifications
• Plans, Sections and details for all disciplines
• Updated cost estimate and schedule
Deliverables for 90% Design Completion
• Updated Plans, Sections and details for all disciplines
• Complete specifications
• Updated cost estimate and schedule
The 60% and 90% documents will be submitted to the City for approval. Upon receipt of the City’s
comments on the 60% and Pre-final (90%) deliverables, the ENGINEER will revise the set and issue
Final, signed and sealed bid-ready (100% complete) documents, which will include the "front-end"
documents, along with the design drawings and technical specifications.
Scope Item Assumptions:
•
•
•
•
•
•
•
The City standard front end (general and supplemental conditions and Division 1
specifications) documentation for inclusion into the contract documents will be
provided by the City
The City staff will provide comments to the ENGINEER on the drawings and
specifications at each design milestone. Turnaround time on comments is assumed to
be within 2 weeks.
The City staff will attend the 60% and 90% submittal workshops.
All permitting fees will be paid by the City
It is assumed that there are no known hazardous waste contaminated areas, wetlands,
endangered species, or other environmentally sensitive flora or fauna which may require
additional efforts during design, permitting or construction management.
The City will obtain any necessary easements and rights-of-way.
Submittals shall include one (1) electronic copy of CAD files and word documents, one pdf
electronic copy of entire bid set, and three (3) sets of bound 8 1/2-inch by 11-inch
specifications and five sets of half size (11-inch by 17-inch) drawings (hard copy)
Meetings:
• Two (2) milestone review workshops
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Hazen
Deliverables:
• 60% design review submittal
• 90% (pre-final) design review submittal
• 100% signed and sealed design submittal
• Comment log with responses to City comments
Task 230: TCEQ and Local Permitting Coordination
ENGINEER will submit sign and sealed plans and specifications to TCEQ. ENGINEER will also address
TCEQ comments from the plan review process and incorporate them into the contract documents.
ENGINEER will submit sign and seal plans for City of Denton land disturbance and building permit
requirements. ENGINEER will perform research the necessary permits, apply for permit, submit plans
and address review comments (Step 1 through 4 of City of Denton’s Permit Application Process).
Scope Item Assumptions:
• ENGINEER to complete City of Denton permitting requirements up to step where permit
is ready to be obtain and permitting fee paid.
• AII permitting fees to be paid by City or Contractor. ENGINEER shall not pay any
permitting fees.
Meetings:
• Two (2) one-hour meetings with City Staff to discuss permitting requirements
• Two (2) one-hour conference calls with TCECI for design review coordination
• Two (2) one-hour meetings with City of Denton Building Permit Staff
Deliverables:
• TCEC! Submittal letter and design submittal package
• City of Denton building permit submittal package
Task 240 Bid Phase Services
The ENGINEER will assist the City in developing bid documents including contract agreement forms,
general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance,
bond requirements, and preparation of other contract and bid related items. The ENGINEER will
develop specifications and drawings to describe the size and character of the entire project,
description of the materials to be utilized and such other essentials as may be necessary for
construction and cost analysis. The ENGINEER will assist the City during the bid period by performing
the following tasks:
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•
•
•
•
•
•
•
Attend a Pre-Bid Meeting
Respond to Bidder Inquiries
Assist in preparation ofAddenda
Attend bid opening meeting
Review bids and bidder references for completeness, balance of bid items, and
responsiveness and shall prepare a tabulation of bid prices
Recommend contract award, based on the lowest responsive and responsible bidder.
Prepare a conformed set of contract documents including the issued Addenda.
Scope Item Assumptions:
•
•
•
•
•
•
•
•
The City will provide the budget for the project.
The City will provide the City’s updated standard and special provisions and forms for
required bid documents.
The City will arrange for all documents and addenda to be distributed to prospective
bidders.
The City will advertise the projects for bidding, maintain the list of prospective bidders,
receive and process deposits for all bid documents, issue (with assistance of ENGINEER)
any addenda, and conduct bid opening.
The ENGINEER will prepare and supply bid tabulation forms.
The City will receive the ENGINEER’s recommendation concerning bid evaluation and
recommendation and prepare agenda materials for the City Council concerning bid
awards
The City will prepare, review, and provide copies of the contract for execution between
the City and the Contractor.
This Scope of Services does not include time for the ENGINEER to assist the City in the
event of bid protests
Meetings :
• One (1) two-hour Pre-bid Meeting
• One (1) two-hour bid opening meeting
• Two (2) two-hour meetings to discuss bids with the City
Deliverables:
•
•
•
•
Bid Documents and Addenda
Agenda and meeting minutes for pre-bid conference
Bid Review Form and recommendation for contract award
Complete As-Bid Conformed Contract Documents including one (1) electronic copy of CAD
files and word documents of the conformed plans and specifications on DVD. Five (5) sets
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of bound 8 %-inch by 11-inch specifications and five sets of half size conformed drawings
(11-inch by 17-inch).
Task 260 - Construction Phase Services
The ENGINEER will assist the City during the construction phase, by providing the following
erlglneerlrlg services:
•
•
•
•
•
•
•
•
Attend a pre-construction meeting with the City and the Contractor.
Attend monthly progress meetings to update on construction progress with City.
Review and approve submittals and maintain the submittal log.
Provide interpretations and clarifications of the contract documents based on the
contractor’s requests for information (RFls) and review required changes. Maintain RFI
log
Review contractor pricing for change order requests.
Manage and review the O&M Manual deliverables required by construction contracts and
by equipment suppliers.
Review the Contractor’s requirement of providing electronic record drawings.
Make monthly visits to the site of the project to confer with the City project inspector and
contractor to observe the general progress and quality of work, and to determine, in
general, if the work is being done in accordance with the contract documents. This effort
is in addition to the project representative observation (from the City or other) and does
not include continuous monitoring of the progress of construction.
Make final inspections with the City Staff and provide the City with a letter of substantial
completion and letter of final completion for the project.
Review construction "red-line” drawings, prepare record drawings of the Project as
constructed (from the “red-line” drawings, inspections and the contractor provided plans)
and deliver to the City, a reproducible set and electronic file of the record drawings within
two (2) months of final acceptance of the project.
The ENGINEER will maintain the punch-list of final construction items for each discipline
•
•
•
Scope Item Assumptions:
•
•
•
•
•
•
Expected construction duration is 12 months, including startup and decommissioning
City to arrange for a site inspector to continuously monitor the progress of construction
Total number of submittals is estimated at 100. Submittal review assumes 25%
resubmittal
Number of RFls is estimated at one per drawing.
The City will process applications/ estimates for payments to Contractor.
The City will conduct the substantial completion inspection and final completion
inspection with the ENGINEER.
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=
Meetings :
• One (1) two-hour pre-construction meeting
• Twelve (12) monthly progress meetings
• Twelve (12) one-hour site visits (can be conducted following monthly progress meetings)
• One (1) four-hour punch list walkthrough site visit
Deliverables:
•
•
•
e
•
•
•
RFls
Change orders
Submittal reviews
Correspondence with manufacturer’s certified factory acceptance test reports
Record Drawings
Meeting agenda, sign-in sheet, and meeting minutes
Project progress reporting and invoicing
Task 280 Start-up Services
The ENGINEER shall monitor startup activities and participate during the startup phases of the
project. Participation shall include the following:
The ENGINEER will perform the following:
•
•
•
•
•
•
•
Coordinate with CONTRACTOR on the startup plan and make recommendations as
necessary.
Develop Maintenance of Plant Operations (MOPO) document to sequence activities and
minimize impact to plant operations
Review CONTRACTOR’s start-up checklist
Observe the start-up testing and equipment troubleshooting
Confirm system operation baseline performance meets the specified conditions.
Review and manage operations and maintenance manuals required under the
construction contract and provided by equipment suppliers
Review CONTRACTOR’s training plan and instruction materials for compliance with the
Contract Documents
Scope Item Assumptions:
• Contractor is responsible for preparing, testing, and cleaning equipment prior to start-up
as detailed in the project specifications.
• CONTRACTOR to maintain start-up checklist
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•Two (2) start-up phases included in construction contract
Meetings:
• Six (6) eight-hour start-up days
Deliverables:
• Compiled Operations and Maintenance Manuals and Electronic O&M Process Manual
• Start-up Checklist
3.Plant Uprating TCEQ Permitting Assistance
Task 310 - PCWRP Re-Rate Permit Application, Analysis and Planning
The ENGINEER will develop a re-rate plan for the City including compiling necessary permit application
documents for a new Texas Pollution Discharge Elimination System (TPDES) permit with TCECI. Permitting
application and analysis support includes:
•
•
•
Meeting and coordinating with TCEQ.
Compiling and analyzing the last 3-years of PCWRP process data to provide to TCECI.
Developing the process basis of design for TCEQ review and approval (includes influent
load assessment, unit process loading, compliance comparison to TAC 30 Chapter 217,
description of proposed improvements for increased capacity and identification of
variances requiring approval).
ENGINEER will prepare application to amend the TPDES permits for PCWRP. Application
forms will be completed and appropriate attachments to the application forms will be
prepared. Copies of the draft application will be provided to City for review. Copies of the
final application will be prepared for submittal to the TCEQ.
•
In addition to permitting support the ENGINEER will develop an implementation plan for improvements
required for the increased capacity at PCWRP including:
•
•
•
•
•
•
Outline of necessary improvements based on TCEQ approved basis of design.
Schedule for implementation including all steps (permitting, design and construction).
Evaluating delivery mechanism between traditional design bid build (DBB) and
construction manager at risk (CMAR). Provide recommendation for delivery method.
Develop an American Association of Construction Engineering Class 4 Opinion of Probably
Construction Cost for re-rate improvements.
Develop and maintain a risk register
Develop and maintain a schedule recovery plan.
Scope Item Assumptions:
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•ENGINEER will review the information available from the previous permit application.
ENGINEER will provide the City with a list of additional information needs and the
appropriate format for presenting additional information. Additional information
includes, but is not limited to, laboratory analytical data for effluent sampling, sludge
analyses, and results of whole effluent toxicity testing. ENGINEER will coordinate with
the City regarding laboratory testing for pollutants and provide a detailed list of effluent
sampling requirements for the application. The City will be responsible for coordinating
with a laboratory of its choice. Effluent sampling costs will be the responsibility of the
City
ENGINEER will complete the application forms, assemble the necessary worksheets, and
prepare appropriate attachments. Application information includes, but is not limited to,
description of the existing facility, listing of the major treatment units with dimensions of
each unit, process flow diagram(s), facility site plan, location maps(s), and results of
pollutant analyses of effluent.
ENGINEER will provide draft copies of all permit application documents for City review.
Comments from the City will be appropriately incorporated into the application.
ENGINEER will coordinate closely with the City to make sure the permit application will
be complete at the time of submittal. A total of seven copies of the final application
document will be prepared for the permit; two copies are for City’s files, one copy is for
public display, and four copies will be submitted to the TCEQ. An application fee will be
due to the TCEQ at the time the application is submitted. The application fee will be the
responsibility of the City.
•
•
Meetings:
• Four (4) two-hour virtual meetings with TCEQ
• Six (6) one-hour progress meetings with the City (monthly)
Deliverables:
• Meeting agenda and minutes for TCECI coordination meetings
• Draft and final permit application (copies outlined above)
• Monthly copies of the risk register, schedule recovery plan, implementation schedule
• Data analysis and basis of design document in Excel format
• Implementation plan technical memorandum (schedule, OPCC, basis of design and
summary of necessary improvements)
Task 320 - Pecan Creek Water Quality Modeling
TCEQ uses a water quality model to simulate the impacts of a wastewater discharge on the receiving
water body. The model is used to identify permit limits for biochemical oxygen demand (BOD), total
suspended solids (TSS), and ammonia protective of the receiving water quality standard for dissolved
oxygen.
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=W•
Around the year 2000, TCEQ updated the modeling protocol and applied it during the City’s permit
renewal. Using the updated modeling approach, TCECI could not identify practical permit limits. In
response, the City, in cooperation with TCEQ developed a site-specific model to identify practical permit
limits. TCEQ accepted the modeling approach and the limits developed in the early 2000s are still in
effect in the current permit.
A permit amendment will require updating the model, especially with regard to the increased permit
flow. Updating this model is not straightforward since this model was calibrated based on field data and
the increases considered during the model development did not predict results that adhered to TCECl’s
effluent set guidelines. In addition, the modeling platform used for the previous assessment is only used
for renewals, and amendment applications require using a current model version. Importing or
converting the old model files to the new format is not possible, a new model using the new platform
will be required.
TCEQ provided the ENGINEER with the existing model, associated files, and memos. The review of the
old water quality model indicates that the receiving water may have assimilative capacity beyond 21
MGD, however, new data and the new modeling software may lead to a different conclusion.
ENGINEER will perform the following tasks:
•
•
•
ENGINEER will use available data, including water quality data in the receiving water, and
TCEQ accepted protocol, to develop a new water quality model to identify BOD, TSS, and
ammonia permit limits needed to protect the water quality standard.
ENGINEER will adhere to TCEQ guidance, model calibration will be necessary, significant
effort may be required for model calibration because of the complex dynamics in lake
backwater conditions.
ENGINEER will notify the City if additional site-specific data collection is necessary, such
as to update the bathymetry data in the model. ENGINEER will work with TCEQ water
quality modeling staff during the modeling approach to ensure that the approach will be
acceptable to the TCECI.
The ENGINEER will develop a re-rate plan for the City including compiling necessary permit
application documents for a new Texas Pollution Discharge Elimination System (TPDES)
permit with TCEQ.
•
Scope Item Assumptions:
• This task does not include development of the model in a different platform. Task 340
Additional Water Quality Modeling may be used by the City, if switching to a different
modeling platform is required by TCEQ.
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• The fee for Water Quality Modeling is to be billed on a time and materials, not to exceed
basis
Meetings:
• Meetings for this task are covered in Task 310.
Deliverables:
• Water Quality Modeling files approved by TCEQ for the City’s records
• Relevant correspondence with TCEQ for the City’s records
Task 330 - Permit Application Submission and Approval Support
ENGINEER will provide services related to technical and regulatory review of the draft TPDES permit
prepared by the TCECL which includes the following:
•ENGINEER will assist the City in response to TCE(I requests for additional information
during the technical review of the permit application. ENGINEER also will assist the City in
tracking the application through the permitting process. TCECI may request minor
changes to the application during the technical review process. ENGINEER will provide
the City with necessary changes to ensure the public viewing copy is up to date.
ENGINEER will review the initial draft permit and assist the City with a written response,
including requests for changes to the permit. ENGINEER will review TCECl’s revised draft
permit for consistency with any requested changes. ENGINEER may also communicate via
telephone with TCEC! permitting staff during this process. For purposes of this scope, it is
assumed that the revised draft of the permit will be acceptable to the City and further
rounds of draft permit review will not be necessary.
A public notice of the TCECl’s decision to amend the permit will be required by the TCEQ.
Bilingual notification requirements may require additional publication in Spanish.
ENGINEER will assist the City with publication of notices, including working with the
appropriate newspapers to ensure notices are correct and published as required.
ENGINEER will also obtain the required proof of publication and will submit necessary
documentation to the TCEQ. The cost of publication, payable to the newspapers, will be
the responsibility of the City.
ENGINEER will review the final issued permit to verify that the permit reflects the
conditions that the City accepted during the draft permit process. ENGINEER will contact
TCECI to make necessary corrections, if necessary.
•
•
•
Meetings:
• No additional meetings are included in this task
Deliverables:
• Copies of permits as outlined above
Task 340 - Additional Water Quality Modeling Allowance
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TCEQ may require an alternate modeling platform after receiving analysis results from the ENGINEER, as
discussed in Task 320. This requires the ENGINEER to re-develop the model in an alternate platform. This
task is an allowance to be authorized by the City upon receiving and approving a detailed scope and
level of effort from the ENGINEER. This task is to be billed on a time and materials, not to exceed basis.
Exclusions
The following additional services are excluded from this scope but can be included through amendment,
if necessary:
•
•
•
•
•
Prepare for and attend additional meetings to discuss the project, beyond that outlined
above
Conduct field reconnaissance to collect data or information not provided by the City
Provide technical or procedural support if proposed permits are protested
All application or advertisement fees are the responsibility of the City
Review and comment on additional drafts of the permit beyond those outlined in the
scope above
Revised February 8, 2021 Page 17 of 17
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Exhibit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session
FORM CIQ
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
I entitY- Hazen and Sawyer , p.c.
rD 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
d Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Tlris 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 E No
B. Is the vendor receiving or likely to receive thxable income, other than investment income, from or at the direction of the local government officer
named in this section AND the t&\able 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?
n Yes E No
D.Describe each employment or business and family relationship with the local government officer named in this section
4
5
[] I have no Conflict of Interest to disclose.
'DocuSigned by:
A4
entrty+#4€gISt-doing busin8ss with the go'
3/10/2021
Date