21-1069ORDINANCE NO. 21-1069
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION. AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TRC ENGINEERS, INC., FOR
THE ADMINISTRATION OF COMMUNICATION COMPANIES REQUESTS TO ATTACH
WIRED AND WIRELESS JOINT USE SERVICES TO CITY OF DENTON INFRASTRUCTURE,
AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7328 - PROFESSIONAL
SERVICES AGREEMENT FOR ADMINISTRATION SERVICES AWARDED TO TRC
ENGINEERS, INC., FOR ONE (1) YEAR, WITH THE OPTION FOR FOUR (4) ADDITIONAL
ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEARNOT-TO-EXCEED AMOUNT
OF $50,000.00).
WHEREAS, TRC Engineers, Inc., 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 ORDArNS:
SECTION 1. The City Manager, or their designee, is authorized to enter into the
professional service contract attached hereto with TRC Engineers, Inc., for the administration of
wired and wireless joint use services to the City of Denton.
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.
*..„„Fb',T;iTX ”g TiP= ''d'-’""
following vote n - O
made by '---- JtBe axv i<) and
' The ordinance was passed and approved by the
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Annintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the &tb day of -al/ W_, 2021.
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ATTEST:
ROSA RIOS, CITY SECRETARY
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==nIH=>d/2 a?/
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally sIgned by MaKella Lunn
DN: dc=com, dc=cityofdenton, dc=codad,
ou=Department Users and Groups. ou=General
Government, ou=Legal, cn=MaKella Lunn,
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEIE3C52F
DENTON
Docusign City Council Transmittal Coversheet
PSA 1 7328
File Name I JoInt Use servIces
P„„h„i„g C,.tact Ch'i ; t' ch'1' tl; "
City Council Target Date JUNE 8 ’ 2021
Piggy Back Option
Contract Expiration
Ordinance
Not Appllcab1 e
3UNE 8, 2026
21-1069
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
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 TRC Engineers, Inc., with its corporate office at 1430 Broadway, 10th Floor,
New York, NY 10018 and authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Joint Use Services (the "PROJECT").
I
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 on
file at the office of the Purchasing Agent 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 to the CITY pursuant
to this AGREEMENT in an amount not to exceed $50,000 in the manner and in
accordance with the fee schedule as set forth in Attachment B
B. Payment shall be considered full compensation for all labor, materials, supplies, and
equipment necessary to complete the services described in Attachment A.
C. 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 of one (1) year, effective from date of award. The City and the
Contractor shall have the option to renew this contract for an additional four (4) one-
year periods.
The Contract shall commence upon the issuance of a Notice of Award by the City of
Denton and shall automatically renew each year, from the date of award by City
Council. The Contractor’s request to not renew the contract must be submitted in
writing to the Purchasing Manager at least 60 days prior to the contract renewal date
for each year. At the sole option of the City of Denton, the Contract may be further
extended as needed, not to exceed a total of six (6) months.
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SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(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.
(2.)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. As a
condition precedent to withholding payment, CITY shall provide ENGINEER
with written notice itemizing the amount in dispute and all reasons for the
dispute. No interest will accrue on any contested portion of the billing until
mutually resolved .
(3) 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:
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(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
(collectively “STANDARD OF CARE”). Notwithstanding any clause in this AGREEMENT to
the contrary, ENGINEER expressly disclaims all express or implied warranties and
guarantees with respect to the performance of professional services, and it is agreed that
the quality of such services will be judged solely as to whether ENGINEER performed the
services consistent with the STANDARD OF CARE.
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. Provided that CITY is in compliance
with its payment obligations herein, 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
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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
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the AGREEMENT
Documents, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
available information at the time of preparation, in accordance with
Attachment B.
(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
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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
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
written 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
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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 suk)consultant 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.
(4) Notwithstanding any terms to the contrary in this AGREEMENT, CITY will have
the right to review ENGINEER’S costs only for services performed on a
reimbursable basis, in which case only costs such as labor hours, materials,
and subcontractor invoices are subject to review. In no event will ENGINEER’S
fixed pricing (including any lump sum pricing, unit pricing, hourly rates,
multipliers, or markups), home office overhead, or efficiency in performing the
services be subject to review.
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 $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, but only in regard to
operations performed by ENGINEER under this AGREEMENT,
and not to the extent of any act or omission or operation of the
additional insured party or parties. 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.
City of Denton, Texas
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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
$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.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
C.Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of $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 limit 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
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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.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g.Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
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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. These terms and conditions regarding
insurance shall apply equally to any subconsultants or subcontractors
working on behalf of ENGINEER.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of 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.
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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
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
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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
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.
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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.
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 12 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
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.
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 failssubstantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 10 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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/1 8
Page 13 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
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
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST ANY
DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT
UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER
EXERCISES CONTROL (“ENGINEER PARTY”), PROVIDED SUCH DAMAGE ARISES
OUT OF THIRD PARTY CLAIMS, AND ONLY TO THE EXTENT THAT THE DAMAGE
IS CAUSED BY (A) AN ACT OF NEGLIGENCE, INTENTIONAL TORT IN THE
PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER BY ANY ENGINEER
PARTY, (B) INTELLECTUAL PROPERTY INFRINGEMENT BY ANY ENGINEER
PARTY, OR (C) ENGINEER’S FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES
IN PROPORTION TO THE ENGINEER’S LIABILITY.
IF ANY ENGINEER PARTY AND THE CITY AND/OR ANY THIRD PARTIES ARE
CONCURRENTLY NEGLIGENT OR OTHERWISE AT FAULT OR STRICTLY LIABLE
WITHOUT FAULT, THEN ENGINEER’S OBLIGATIONS TO INDEMNIFY SET FORTH IN
THIS SECTION 6(F) SHALL CONTINUE, BUT ENGINEER SHALL INDEMNIFY THE
CITY ONLY FOR THE PERCENTAGE OF THE RESPONSIBILITY FOR LOSSES
ATTRIBUTABLE TO THE FAULT OF THE ENGINEER PARTIES, AND, PROMPTLY
AFTER SETTLEMENT OR FINAL ADJUDICATION OF A CLAIM, CITY WILL
REIMBURSE ENGINEER FOR THE COSTS, ATTORNEYS’ FEES, OTHER LEGAL
EXPENSES, AND EXPERT FEES EXPENDED FOR DEFENSE IN THE SAME
PROPORTION AS THE CITY’S PROPORTION OF NEGLIGENCE OR OTHER LEGAL
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 14 of 20
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEI E3C52F
FAULT.
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.
1.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.
Notwithstanding the foregoing, This Section 6.1 shall not operate as a waiver of any
applicable statute of limitations.
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, AND EMPLOYEES FROM
AND AGAINST ALL CLAIMS ARISING OUT OF THIRD PARTY CLAIMS, TO THE
EXTENT SUCH CLAIMS ARE CAUSED BY THE VIOLATION OF ANY SUCH ORDER,
LAW, ORDINANCE, OR REGULATION, BY ENGINEER OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 15 of 20
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEIE3C52F
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, OR LOSSES ARISING OUT OF THIRD PARTY CLAIMS,
TO THE EXTENT SUCH CLAIMS ARE CASUED BY 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 Engineer submits a disclosure of interested parties (Form 1295) to the City 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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 16 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
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_form 1295. 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 in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
O. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A – RFQ 7328 – Joint Use Services (on file at the office of the
Purchasing Agent)
Attachment B – Consultant’s Compensation/Pricing
Attachment C - Conflict of Interest Questionnaire
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 17 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
P. Limitation of Liability
Notwithstanding anything to the contrary in this AGREEMENT, ENGINEER and CITY
waive any and all claims against each other for incidental, consequential, special,
multiple, and punitive damages arising out of or relating to this AGREEMENT,
regardless of whether such damages were foreseeable and whether or not the culpable
party was advised of the possibility of such damages. This mutual waiver includes, but
is not limited to, rental expenses, loss of use, loss of production, loss of income, loss of
profit (except profit arising directly from the services), loss of financing, loss of business,
and loss of reputation. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party’s breach or termination of the
AGREEMENT. Additionally, ENGINEER’S total aggregate liability to CITY under this
AGREEMENT on all claims of any kind arising out of or in any way related to
ENGINEER’S work, from any cause or causes whatsoever, including, but not limited to,
negligence, errors, omissions, strict liability, indemnity, or breach of contract, is limited
to $500,000 (Five Hundred Thousand Dollars).
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 18 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
Duly executed by each party’s designated representative to be effective on the date
subscribed by the City Manager.
BY:
CITY OF DENTON, TEXAS
BY:
TRC ENGINEERS. INC
DocuSlgned by:
SMA A%q&#
$)Decr]2p£nx’s Legal Name>
eIMML hJ++bmr 7bry'slliFe;aFiager
<Title> President, Power
Date: 6/9/2021 Date. 5/3/2021
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
2021-
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DME Genera1 Manager
Title
E1 ect rl c
Department
Date Signed: 5/3/2021
APPROVED AS TO LEGAL FORM:
AARPthE8£bygITY ATTORNEY
ALArtLLL&(/xmlBy:
ATTEST:
CITY SECRETARY
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 19 of 20
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
ATTACHMENT B
RFQ #7328 PRICING FOR:
Joint Use ServicesTRe
Prepared for.
City of Denton
bihvrni Prepared by.
TRC
August 26, 2020
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEIE3C52F
TRC Pricing Response for RFa # 7328
Deliverable Description Phase/Time
Frame
Process
Applications
within the
timelines
provided in the
Pole
Attachment
Standards
Perform all field
inspections
within the time
frames provided
in the Pole
Attachment
Standards.
Compensation
Description
Unit Price – Price
per Pole submitted
(Additional
breakdown of
tasks to be
determined)
TRC Pricing
Process Pole
Attachment
Applications
Successfully review, and
approve or reject, Pole
Attachment Applications
received by DME in
accordance with the Pole
Attachment Standards.
$2.00
Conduct Field
Inspections
Perform field inspections
to verify information in
Applications and
compliance with
construction
requirements in
accordance with all
applicable standards.
Produce Make-Ready
Engineering design
documents for Attaching
Entities operating Private
Networks.
Unit Price – Price
per Pole Inspected
(Additional
breakdown of
tasks to be
determined)
$8.00
Perform Make-
Ready
Engineering
Produce
technical
documents
within the time
frames provided
in the Pole
Attachment
Standards
Toll time period
for completing
Application
review and
approval
pending
submission of
complete
Application.
Create database
entries,
invoices, and
reports within
time periods
provided in the
Pole
Attachment
Standards and
contractual
obligations.
Unit Price – Price
per Pole reviewed
(Additional
breakdown of
tasks to be
determined)
$ 275.00
Assist Attaching
Entities in
Application
Process
As necessary and
appropriate, assist
Attaching Entities by
answering questions and
explaining the Pole
Attachment Standards as
part of the Application
submission process.
Time & Expense See attached rate
sheet
Documentation
of Application
Process
Document the
Application process,
including invoicing, as
provided in the Pole
Attachment Standards
and contractual
requIrements.
Unit Price
(Additional
breakdown of
tasks to be
determined)
$ 160.00
[Type here]
TRC
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEIE3C52F
TRC Pricing Response for RFQ # 7328
Safety Incidents I Report all safety
Reports 1 incidents to the DME
Manager, Pole
Attachment Services.
Immediately at
time of
occurrence or as
soon as
practical
thereafter
Within one (1)
business day of
contact.
Immediately, if
escalation
required.
Time & Expense to
prepare report
See attached rate
sheet
Customer
Contacts
Reports
Provide a brief
description of any
contact with DM E
customers. Report
should include issue
discussed and resolution
of issue (pending or
completed).
Provide DME reports
regarding the status of all
Pole Attachments
Applications in progress.
Unit Price – Price
per report
submItted
$ 20.00
Application
Process Status
Reporting
Weekly, or as
requested by
DME
Unit Price – Price
per report
submitted
$32.50
Program
Performance
Reporting
Provide DME higher-level
reports regarding the
work undertaken in a
given month related to
the DME Pole
Attachment Program.
Provide DME technical
assistance in the
development of “white-
papers" or other
appropriate
documentation
Mileage
Monthly, or as
requested by
DIVIE
Unit Price – Price
per report
submitted
$320.00
Technical
“White-Papers"
or Other
Studies
As requested
DIVIE
I
As required sheet
Mileage Per Mile Per Mile $ 2.55
[Type here]TRe
DocuSign Envelope ID: 2CCB6881-DC234944-87A2-7C7CEIE3C52F
TRe 2020 Distribution Rate Schedule
Job Classification Low High Job Classification Low High
Distribution Operations Manager
Distribution Supervisor
Support Services Manager
Support Services Supervisor
3165 $195
$125 $160
$165 $195
$125 $160
Distribution Analyst III
Distribution Analyst II
Distribution Analyst I
$75
$65
$60
$80
$60
$85
$75
$70
$90
$70
Distribution Coordinator
Administrative AssistantProgram Manager
Senior Project Manager
Project Manager
Associate Project Manager
Project Coordinator
$145
$120
$100
$90
$80
$170
$130
$120
$100
$90
Contract Consultant
Contract Analyst IV
Contract Analyst III
Contract Analyst it
Contract Analyst I
$195
$105
$95
$85
$75
205
$115
$105
$95
85Distribution Engineer V
Distribution Engineer IV
Distribution Engineer III
Distribution Engineer II
Distribution Engineer I
$135
$125
$115
$105
$95
$145
$135
$125
$115
$105
Senior Construction Manager
Construction Manager
Construction Inspector
Field Construction Coordinator
$120 $160
$110 $130
$80 $110
$70 $100
Distribution Designer IV
Distribution Designer III
Distribution Designer II
Distribution Designer I
$95 $105
$85 $95
$80 $90
$75 $85
Right of Way Agent IV
Right of Way Agent III
Right of Way Agent II
Right of Way Agent I
$100 $110
$90 $100
$80 $90
$70 $80
Distribution Technician II
Distribution Technician II
Distribution Technician I
$70
$65
$60
$80
$75
$70
Application Developer III
Application Developer II
Application Developer I
$110 $125
$95 $110
$80 $95
CAD Technician II
CAD Technician I
$75 $85
$65 $75 Storm Damage Assessor III
Storm Damage Assessor II
Storm Damage Assessor I
$110 $120
$100 $110
$60 $70
I. Labor
a. Work requests for labor greater than 40 hours will be billed
straight time hourly rate according to listed technical services.
b. All storm services will be billed to the client at the standard
plus a multiplier of 1.5 x standard rate
II. Mileage
a. Mileage will be charged at the current IRS rate.
III. Per Diems
a. Per diems will be billed at the current GSA rate for the area
in which the work is performed if overnight travel is required.
tV. Material
a. All materials will be billed at cost plus 15%.
standard,
straight time hourly rate
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEIE3C52F
TRC """"''''"';''“.“"
DocuSign Envelope ID: 2CCB6881-DC23-4944-87A2-7C7CEI E3C52F
ATTACHMENT C
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental entit
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.
a
TRC ENGINEERS, INC.
TH 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
This section, (item 3 including suk)parts 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, hom 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?
n Yes D 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.E
-~~}DLab 7/1 5/2020
Signature of vendor doing business with the governmental entity Date