22-1374FILE REFERENCE FORM 1 22-1374
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
21-546
Date
7-19-
2022
Initials
EC
ORDiNANCE NO. 22-1374
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH PARKHILL, SMITH & COOPER, INC., FOR ENGINEERINGSERVICES RELATED TO THE SOUTHWEST BOOSTER PUMP STATION (SWBPS)GROUND STORAGE TANK (GST) COATING PROJECT FOR THE WATER PRODUCTIONDEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITUREOF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7574-015 –PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AWARDED TO
PARKHILL, SMITH & COOPER, INC., IN THE NOT-TO-EXCEED AMOUNT OF $116,500.00).
WHEREAS, on March 23, 2021, the City Council approved a pre-qualified engineer list for
Water and Wastewater (Ordinance 21-546), and the professional services provider (the “Provider”)
mentioned in this ordinance is being selected as the most highly qualified on the basis of its
demonstrated competence and qualifications to perform the proposed professional services; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with to Parkhill, Smith & Cooper, Inc., for engineering services related to the Southwest
Booster Pump Station (SWBPS) Ground Storage Tank (GST) Coating project for the Water
Production Department, a copy of which is attached hereto and incorporated by reference herein.
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 hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
s e c o n d eT;y 1r1rI o t !IIRUs:gP r o(1F) Ic:i? i : d i n a n c e was m : IhT= NiiliZ = P =A=dTI; rove ; I
the following vote La - a:
Aye Nay Abstain ARent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck. District 2:Jesse Davis. District 3 :
Alison Maguire, District 4:Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
b/
+Z\/‘\/
1/V/
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PASSED AND APPROVED thi, th, tcl+ d,y ,f , 2022
ATTEST:
ROSA RIOS, CITY SECRETARY it\11111111
BY: L aa
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella
rit: :DN: cn=Marcella Lunn. o.
\,tAJ\\\ =:,=iIT,:,:;FJF,ni,@dW,fd,–ntan
Date: 2022.06.30 09:18:01
-05'OO'
BY. \If,kIWI.\
DocuSign Envelope ID: 908ADDD9-CC3C49CA-A535-CC22C0575866
DENTON
Docusign City Council Transmittal Coversheet
PSA 7574-015
File Name I SWBPS GST CoatIng
PurchasingContact c'Y;t;1 w';tb’"k
City C,,„,iI T,rg,t D,t, J -'“ 19’ 2022
Not Applicab1 ePiggy Back Option
Contract Expiration
Ordinance
N/A
22–1374
DocuSign Envelope ID: 908ADDD9-CC3C49CA-A535-CC22C0575866
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and PARKHILL, SMITH & COOPER, INC., with its corporate office at 4222 85thSt., Lubbock, TX 79423 and authorized to do business in Texas, ("ENGINEER"), for aPROJECT generally described as: SWBPS GST COATING (the "PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agreesto perform, professional engineering services set forth in the Scope of Services
attached hereto as Attachment A. These services shall be performed in connectionwith the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay 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 resultingfrom oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A.The ENGINEER shall be compensated for all services provided pursuant to thisAGREEMENT in an amount not to exceed $116,500.00 in the manner and in
accordance with the fee schedule as set forth in Attachment B. Payment shall beconsidered 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 continuefor 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 C.
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 setforth in Attachment C to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under thisAGREEMENT. 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 anybalance 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 willbe withheld from payment, and the undisputed portion will be paid. The CITYwill 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 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid in full. In the event of suspension of services, the ENGINEER shall haveno 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 similarcircumstances 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 forsubcontract work such as special surveys, tests, test borings, or othersubsurface investigations in connection with design and engineering work to beperformed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnishedby 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 mayoccur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of theENGINEER.
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 byCITY, which shall become the property of the CITY. CITY may use such drawings in anymanner it desires; provided, however, that the ENGINEER shall not be liable for the use ofsuch 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 CITYand/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, andresponsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating andcompleting all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required bysuch construction work. The ENGINEER and its personnel have no authority toexercise any control over any construction contractor or other entity or theiremployees 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 inAttachment 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 progressor quality of the completed work on the PROJECT or to determine, in general, ifthe work on the PROJECT is being performed in a manner indicating that thePROJECT, when completed, will be in accordance with the AGREEMENTDocuments, nor shall anything in the AGREEMENT Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiringENGINEER to make exhaustive or continuous on-site inspections to discoverlatent defects in the work or otherwise check the quality or quantity of the workon the PROJECT. If the ENGINEER makes on-site observation(s) of adeviation from the AGREEMENT Documents, the ENGINEER shall inform theCITY
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth inthe Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performancecriteria 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 withAttachment 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 equipmentor 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; andother economic and operational factors that may materially affect the ultimatePROJECT 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 progresspayments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work hasprogressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain thatthe construction contractor has completed the work in exact accordance with theAGREEMENT Documents; that the final work will be acceptable in all respects; that the
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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, orencumbrances; 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 variouscomponents, or exact manner in which the PROJECT was finally constructed. TheENGINEER 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 afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT.ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advancenotice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreementshereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under thesubcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such suk>consultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall beprovided adequate and appropriate work space, in order to conduct audits incompliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits
(3) ENGINEER and subconsultant agree to photocopy such documents as may berequested 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.
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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, commercialumbrella insurance with a limit of not less than $1,000,000.00 per eachoccurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall applyseparately to this PROJECT or location.
1.The CITY shall be included as an additional insured with all rightsof defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, andunder the commercial umbrella, if any. This insurance shall applyas primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The CommercialGeneral 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 theextent these damages are covered by the commercial generalliability or commercial umbrella liability insurance maintained inaccordance with this AGREEMENT.
b.Business Auto – the ENGINEER shall maintain business auto liabilityand, if necessary, commercial umbrella liability insurance with a limit ofnot less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-ownedautos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned isacceptable.
1.ENGINEER waives all rights against the CITY and its agents,officers, directors and employees for recovery of damages to theextent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEERpursuant to this AGREEMENT or under any applicable autophysical 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 theextent these damages are covered by workers compensation andemployer’s liability or commercial umbrella insurance obtained byENGINEER pursuant to this AGREEMENT.
d.Professional Liability – ENGINEER shall maintain professional liability, aclaims-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 yearsfollowing the completion of the AGREEMENT. An annual certificate ofinsurance 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 allrequired insurance shall be attached to this AGREEMENT prior to itsexecution.
b.Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as itsinterests may appear. The term CITY shall include its employees,officers, officials, agents, and volunteers as respects the contractedservices.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policiesdocumented thereon .
d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation or material change incoverage shall be provided to the CITY. A ten (10) days notice shall beacceptable in the event of non-payment of premium. Notice shall be sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209.
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f. Insurers for all policies must be authorized to do business in the State ofTexas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strengthand 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 bythe CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coveragemaintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY
h. Applicable policies shall each be endorsed with a waiver of subrogationin 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 maybe required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on aclaims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shallstate 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 finalpayment and termination of any coverage required to be maintained after
final payments.
1.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. Whensub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on acertificate of insurance.
K. Independent Consultant
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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 superiorshall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing ofany existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and businessrelationships with abutting property cities. The ENGINEER further acknowledges that it willmake disclosure in writing of any conflicts of interest that develop subsequent to thesigning 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 qualifiedsubcontractor 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 designcriteria and/or current engineering practice standards which the ENGINEER should havebeen 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 designchanges are required due to the changes in the permitting authorities' published designcriteria and/or practice standards criteria which are published after the date of thisAGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation willbe made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed perAttachment C to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agentsshall 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 subjectedto discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER andENGINEER’s agents shall not engage in any discriminatory employmentpractice 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 theENGINEER's performance of its services. The CITY will perform, at no cost to theENGINEER, such tests of equipment, machinery, pipelines, and other components of theCITY'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, andpay 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 theENGINEER'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, insurancecounselor, 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 timelymanner in accordance with the PROJECT schedule prepared in accordance withAttachment C.
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
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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'sfacilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in thegeneration, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties or employees of City, City hereby releases ENGINEER from anydamage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofENGINEER’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 forcontractor 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 materialssuppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, andsubcontractors, 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 CITYand 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 shallhave no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
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(1) The CITY may maintain property insurance on certain pre-existing structuresassociated 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 requestedassistance to support, prepare, document, bring, defend, or assist in litigation undertakenor 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 thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required forperformance 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 awritten 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 thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts ofGod, 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 toENGINEER.
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 suchnonperformance 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 theCITY 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 theconvenience of the CITY. In the event of such suspension, delay, or interruption, anequitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade
F. Indemnification
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IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMITED BY THE ENGINEER OR ENGINEER’SAGENT. CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE ISCAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY.
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, itsinterpretation 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 unenforceabilitywill 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 andregulations and with all City ordinances and regulations which in any way affect thisAGREEMENT 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 bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding orignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OFTHE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
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ENGINEER shall verify the identity and employment eligibility of its employees whoperform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY withcopies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal andState 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 performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH 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 byENGINEER
L. Prohibition On Contracts With Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods 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 thecontract. The terms “boycott Israel” and “company” shall have the meanings ascribed tothose terms in Section 808.001 of the Texas Government Code. By signIng this
agreement, Engineer certifies that Engineer’s signature provides writtenverification to the City that Engineer: (1) does not boycott Israel; and (2) will notboycott 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
Sections 2252 and 2270 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 provideswritten verification to the City that Engineer, pursuant to Chapters 2252 and 2270,is not ineligible to enter into this agreement and will not become ineligible toreceive payments under this agreement by doing business with Iran, Sudan, or aforeign terrorist organization , Failure to meet or maintain the requirements under thisprovision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
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goods or services unless the contract contains written verification from the company
that it (1 ) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By signing this agreement, Engineer certifies thatEngineer’s signature provides written verification to the City that Engineer: (1)does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirementsunder this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate duringthe term of the contract against a firearm entity or firearm trade association. The terms“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 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 have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminateduring the term of the contract against a firearm entity or firearm tradeassociation. Failure to meet or maintain the requirements under this provision will beconsidered a material breach.
P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908of the Government Code. The law states that the City may not enter into this contract
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unless the Contractor submits a disclosure of interested parties (Form 1295) to the Cityat the time the Engineer submits the signed contract. The Texas Ethics Commissionhas adopted rules requiring the business entity to file Form 1295 electronically with theCommission.
Engineer will be required to furnish a Certificate of Interest Parties before the contract isawarded, in accordance with Government Code 2252.908.
The contractor shall:
1.
2
34.
5
6.
Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/filinginfo/1295/Register utilizing the tutorial provided by the StatePrint a copy of the completed Form 1295
Enter the Certificate Number on page 2 of this contract.Complete and sign the Form 1295Email the form to purchasing@cityofdenton.com with the contract number in thesubject 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 theTexas 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 isinvolved 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 theCity 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 besubject 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’sConflict of Interest Questionnaire.
P. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may beexecuted 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 thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT:
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Attachment A - Scope of ServicesAttachment B - Compensation
Attachment C - Project ScheduleAttachment D - Location Map
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 inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
DuE /Fxecuted by each party’s designated representative to be effective on
ENGINEER
/DocuSlgned by:,„ [q:nS.&?h?AUTHORIZED SIGNATURE CITY OF DENTON, TEXAS
PrintedName: Frank PugsleY
Title. Princlpa1
469-200-7384
BY:
PHONE NUMBER ATTEST:
ROS
BY:
fpugsley@parkhi 11 . com \w£b£ai,Y SECRETARYliennIEMAIL ADDRESS
2022-904029
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
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THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational obligations andbusiness terms.
Stephen D. Gay
SIGNATURE PRINTED NAME
D1 rector
TITLE
Water ut11ities
DEPARTMENT
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Attachment A
Scope for Engineering Design and Professional ServicesSWBPS 2.0 MG GST Interior and Exterior Re-coat
Attachment A
Scope for Engineering Design and Professional Services for:
SOUTHWEST BOOSTER PUMP STATION 2.0-MG GROUND STORAGE TANK INTERIORAND EXTERIOR RE-COAT
The scope set forth herein defines the work to be performed by the ENGINEER in completing thePROJECT. The ENGINEER will perform its services to the requirements delineated below.
PROJECT UNDERSTANDING
ENGINEER will provide engineering design services for the following tasks:
The City’s Southwest Booster Pump Station currently houses a 2.0 MG above grade steel
ground storage tank built in the early 2000’s. The tank regularly receives inspections andwithin the last year has passed TCEQ inspections with no known deficiencies. However,the tank’s original coating is showing signs of weathering and will require re-coatingservices in order to extend its useful life. City staff has inspected the tank infrastructure to
verify the isolation valve performance and bypassing ability.
As this is a highly specialized coating system where material substrate preparation andapplication are critical to long term performance, the ENGINEER will provide a Resident
Project Representative (RPFq) to conduct coating system inspections and constructionobservation.
SCOPE OF SERVICES
ENGINEER’s scope of services is as follows:
Task 1 – Project ManagementTask 2 – Preparation of Construction Contract DocumentsTask 3 – Bid Phase Services
Task 4 – Construction Phase Services
Task 5 – Resident Project Representative
Task 1 Project Management
A.Project communicationa.
b.
Prepare a project contact list.Prepare and submit monthly progress reports to the project team. 9 months isassumed .
Prepare a project schedule and schedule updates as needed .B.
C.
Meetings
a. Prepare for and attend/host project kickoff meeting.
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Attachment A
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b Prepare meeting minutes and distribute to the project team.
Task 2 Preparation of Construction Contract Documents
A.General
a. Provide construction contract documents for bidding purposes.b. Review the documents with OWNER, incorporate comments and finalize forcontractor solicitation .
Deliverables:
i. Tank inspection reportii. 60% Review set in PDF formatiii. 95% Review set in PDF format
iv. Sealed Project manual/construction documents in PDF format and 2 hard
C
copIes.
v. Engineer’s Opinion of Probable Cost
Tank Inspection/ Data Gathering
Provide a TCEQ certified tank inspection to identify any potential tank deficiencies
and develop a tank inventory of existing equipment
Coordinate with OWNER staff to obtain all available record drawings, site data,flow records, photos, and other applicable information for the bypassing and
temporary decommissioning of the tank during the re-coat time frame.
a
b
Develop Construction Contract DocumentsProvide a draft set of construction documentation for owner review to include the
following elements:
i. Plan sheets to include elements for construction sequencing, tank
bypassing, equipment removal/modifications as necessary, logo design,and additional tank appurtenances, etc
ii. Specifications for applicable coating schedules, coating manufacturers,and potable water storage disinfection procedures.
iii. Construction contract documentation related to bid items, weight proposal
scoring criteria, and a bid evaluation scoring matrix.
a
iv. Provide Engineer’s Opinion of Probable Cost.
The specifications and Contract Documents will be based upon the OWNER’s standard
construction specifications and contract documents for public works construction.
ENGINEER will prepare up to four (4) technical specifications for work/items not covered
by the OWNER’s standard documents and will modify the OWNER’s standard documents
to meet the project requirements. Including a weighted proposal process for contractorselection.
Design Review Meeting
ENGINEER will attend/host review meetings at 60% to gather OWNER comments
for incorporation into the design.
ENGINEER will prepare a draft design status set at 95% completion for submittal
to and final review by the OWNER.
a
b
B.
C.
D.
E.
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Attachment A
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Task 3 Bid Phase Services
A
B
C
D
E
FG.
Prepare the OWNER’s standard Notice to Bidders for publication by the OWNER.
Preparation of any necessary addenda.
Assist the OWNER with responses to questions submitted by plan holders.
Attend a pre-bid meeting.
Prepare a bid scoring matrix
Review final scoring tabulation.Assist the OWNER with recommendation of award.
Task 4 Construction Phase Services
A
B.
C
D.
E
F.
G.
Prepare for and attend a pre-construction conference, take and distribute minutes.
Receive and review shop drawings, submittals, requests for information (RFI) provided bythe Contractor
Review and make recommendations as necessary for change order requests.
Attend up to two (2) progress meetings during construction to observe general progress
during key points within the construction process. Document meeting minutes anddistribute to all attendees.
Receive and review contractor requests for payment.
Attend a final walkthrough to determine if the work is complete in general conformance
with the plans and specifications.
Compile a punch list from observations made during the final walkthrough.
Task 5 Resident Project Representative
A.ENGINEER to provide a NACE (National Association of Corrosion Engineers, now
Association for Materials Protection and Performance, AMPP) certified inspector to
perform coating application inspections and quality control checks during the installation
process
Inspect the project site up to two (2) consecutive site visits per week during construction
to observe the Contractor work for general conformance with the design in accordance
with standard engineering practice. A sixteen (16) week construction period is assumed,
not including any equipment manufacturing lead time for a total of thirty-two (32)
construction site visits. Prepare construction site visit reports to document the RPR’sobservations
Attend construction project meetings with the OWNER, ENGINEER, and Contractor in
conjunction with construction site visits.
B.
C.
D.Resident Project Representative
a. Engineer shall furnish a Resident Project Representative ('’RPR") to observeprogress and quality of the Work. RPR is Engineer's representative at the Site, willact as directed by and under the supervision of Engineer, and will confer withEngineer regarding RPR's actions.
b. The RPR will provide part-time representation.
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C.Subject to the scope of RPR’s observations of the Work, which may include fieldchecks of materials and installed equipment, Engineer shall endeavor to identifydefects and deficiencies in the Work. However, Engineer shall not, as a result ofsuch RPR observations of the Work, supervise, direct, inspect, or have controlover the Work, nor shall Engineer (including the RPR) have authority over orresponsibility for the means, methods, techniques, sequences, or procedures ofconstruction selected or used by any Constructor, for security or safety at the Site,for safety precautions and programs incident to the Work or any Constructor's work
in progress, for the coordination of the Constructors' work or schedules, or for anyfailure of any Constructor to comply with Laws and Regulations applicable to theperforming and furnishing of its work. The Engineer (including RPR) neitherguarantees the performance of any Constructor nor assumes responsibility for anyConstructor's failure to furnish and perform the Work, or any portion of the Work,
in accordance with the Construction Contract Documents. In addition, the specificterms set forth in Exhibit A Paragraph 1.06 are applicable.
E.Duties and Responsibilities of RPR
a.General: RPR's dealings in matters pertaining to the Work in general will be withContractor. RPR's dealings with Subcontractors shall only be through or with thefull knowledge and approval of Contractor. RPR shall generally communicate withOwner only with the knowledge of and under the direction of Engineer.
b.Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, schedule of values, and other schedules prepared by Contractor andconsult with Engineer concerning acceptability of such schedules.
C.Conferences and Meetings: Attend meetings with Contractor, such aspreconstruction conferences, progress meetings, job conferences, and otherProject-related meetings (but not including Contractor's safety meetings), and asappropriate prepare and circulate copies of minutes thereof.
d.Safety Compliance: Comply with Site safety programs, as they apply to RPR, and
if required to do so by such safety programs, receive safety training specificallyrelated to RPR's own personal safety while at the Site.
e.Liaison
1.Serve as Engineer's liaison with Contractor. Working principally throughContractor's authorized representative or designee, assist in providinginformation regarding the provisions and intent of the Construction ContractDocuments .
ii. Assist Engineer in serving as Owner's liaison with Contractor whenContractor's operations affect Owner’s on-Site operations.
111.Assist in obtaining from Owner additional details or information, whenrequired for proper execution of the Work.
f Clarifications and Interpretations: Receive from Contractor submittal of anymatters in question concerning the requirements of the Construction ContractDocuments (sometimes referred to as requests for information or interpretation–
RFls) or relating to the acceptability of the Work under the Construction ContractDocuments. Report to Engineer regarding such RFls. Report to Engineer whenclarifications and interpretations of the Construction Contract Documents are
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needed, whether as the result of a Contractor RFI or otherwise. TransmitEngineer's clarifications, interpretations, and decisions to Contractor.
g.Shop Drawings, Samples, and other Submittals
1.
11.
Receive Samples that are furnished at the Site by Contractor.
Receive Contractor-approved Shop Drawings.
111.Receive other Submittals from Contractor.
iv. Record date of receipt of Samples, Contractor-approved Shop Drawings,and other Submittals.
v. Notify Engineer of availability of Samples for examination, and forward
Contractor-approved Shop Drawings and other Submittals to Engineer.When appropriate recommend distribution of Submittal to specifiedSuk)consultants.
vi. Advise Engineer and Contractor of the commencement of any portion ofthe Work requiring a Shop Drawing or Sample submittal, if RPR believesthat the submittal has not been received from Contractor or has not been
approved by Contractor or Engineer.
h.Proposed Modifications: Consider and evaluate Contractor’s suggestions formodifications to the Drawings or Specifications, and report such suggestions,together with RPR's recommendations, if any, to Engineer. Transmit Engineer's
response (if any) to such suggestions to Contractor.
1.Review of Work; Defective Work
1.Report to Engineer whenever RPR believes that any part of the Work isdefective under the terms and standards set forth in the Construction
Contract Documents, and provide recommendations as to whether such
Work should be corrected, removed and replaced, or accepted as providedin the Construction Contract Documents.
11.Inform Engineer of any Work that RPR believes is not defective under theterms and standards set forth in the Construction Contract Documents. but
is nonetheless not compatible with the design concept of the completedProject as a functioning whole, and provide recommendations to Engineerfor addressing such Work.
iii. Advise Engineer of that part of the Work that RPR believes should beuncovered for observation, or requires special testing, inspection, orapproval.
J.Inspections, Tests, and System Start-ups
1.
11.
Consult with Engineer in advance of scheduled inspections, tests, and
systems start-ups.
Verify that tests, equipment, and systems start-ups and operating andmaintenance training are conducted in the presence of appropriateOwner’s personnel, and that Contractor maintains adequate recordsthereof.
iii. Observe, record, and report to Engineer appropriate details relative to thetest procedures and systems start-ups.
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IV.Observe whether Contractor has arranged for inspections required by Lawsand Regulations, including but not limited to those to be performed by
public or other agencies having jurisdiction over the Work.
V.Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Work, record the results of these inspections,and report to Engineer.
vi .Nothing in this Agreement will be construed to require RPR to conductinspections.
k.Records
1.Maintain at the Site orderly files for correspondence, reports of jobconferences, copies of Construction Contract Documents including all
Change Proposals, Change Orders, Field Orders, Work ChangeDirectives, Addenda, additional Drawings issued subsequent to theexecution of the Construction Contract, RFls, Engineer's clarifications and
interpretations of the Construction Contract Documents, progress reports,approved Shop Drawing and Sample submittals, and other Project-relateddocuments.
11.Prepare a daily report or keep a diary or log book, recording Contractor'shours on the Site, Subcontractors present at the Site, weather conditions,data relative to questions of Change Proposals, Change Orders, FieldOrders, Work Change Directives, or changed conditions, Site visitors,deliveries of equipment or materials, daily activities, decisions,observations in general, and specific observations in more detail as in the
case of observing test procedures; and send copies to Engineer.
111.
IV.
Upon request from Owner to Engineer, photograph or video Work inprogress or Site conditions.
Record and maintain accurate, up-to-date lists of the company names and
points of contact for Contractors, Subcontractors, and major Suppliers ofmaterials and equipment.
V.Maintain records for use in preparing Project documentation.
vi. Upon completion of the Work, furnish original set of all RPR Projectdocumentation to designated recipients.
I Reports
i. Furnish periodic reports as required of progress of the Work and ofContractor's compliance with the progress schedule and schedule of ShopDrawing and Sample submittals.
ii. Draft responses to or make recommendations on Change Proposals,
Change Orders, Work Change Directives, and Field Orders. Obtain backupmaterial from Contractor.
111.
iv.
Furnish to Engineer and Owner copies of all inspection, test, and systemstart-up reports.
Immediately inform appropriate parties of the occurrence of any Siteaccidents, emergencies, natural catastrophes endangering the Work,possible force majeure or delay events, damage to property by fire or other
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causes, or the discovery of any potential differing site condition orConstituent of Concern.
m.Payment Requests: Review applications for payment with Contractor forcompliance with the established procedure for their submission and forward with
recommendations to Engineer, noting particularly the relationship of the paymentrequested to the schedule of values, Work completed, and materials andequipment delivered at the Site but not incorporated in the Work.
n.Certificates, Operation and Maintenance Manuals: During the course of the Work,verify that materials and equipment certificates, operation and maintenancemanuals and other data required by the Contract Documents to be assembled and
furnished by Contractor are applicable to the items actually installed and inaccordance with the Contract Documents, and have these documents delivered to
Engineer for review and forwarding to Owner prior to payment for that part of theWork
0.Completion
1.Participate in Engineer's visits to the Site regarding SubstantialCompletion, assist in the determination of Substantial Completion, andprior to the issuance of a Certificate of Substantial Completion submit apunch list of observed items requiring completion or correction.
11.Participate in Engineer's visit to the Site in the company of Owner and
Contractor, to determine completion of the Work, and prepare a final punchlist of items to be completed or corrected by Contractor.
iii. Observe whether all items on the final punch list have been completed orcorrected, and make recommendations to Engineer concerningacceptance and issuance of the Notice of Acceptability of the Work(Exhibit E).
F.Limitations of Authority
a. Resident Project Representative shall not:
i. Authorize any deviation from the Construction Contract Documents orsubstitution of materials or equipment (including "or-equal" items).
11.
111.
IV.
Exceed limitations of Engineer's authority as set forth in this Agreement.
Undertake any of the responsibilities of Contractor, Subcontractors, orSuppliers, or any Constructor.
Advise on, issue directions relative to, or assume control over any aspect
of the means, methods, techniques, sequences or procedures of the Work,by Contractor or any other Constructor.
V.Advise on, issue directions regarding, or assume control over security orsafety practices, precautions, and programs in connection with the
activities or operations of Owner or Contractor.
VI .
vii.
Participate in specialized field or laboratory tests or inspections conducted
off-site by others except as specifically authorized by Engineer.
Accept Shop Drawing or Sample submittals from anyone other thanContractor
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viii. Authorize Owner to occupy the Project in whole or in part.
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ADDITIONAL SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES
The OWNER and ENGINEER agree that the following items are not included in the Scope ofServices under this agreement but may be provided by the ENGINEER for an additional fee, uponwritten request by the OWNER. Any additional services to be performed shall be agreed upon in
writing by both parties prior to performing any work.• Surveying and construction staking.Geotechnical services.
Design of drainage improvements
Design of site grading improvementsReal estate, right-of-way, right-of-entry or easement acquisition related services.Construction site visits beyond those identified in the scope of services.Services related to any local or state regulatory permitting.Laboratory testing associated with the current coating system.Revisions to plans or specifications which are not consistent with prior approvals by theOWNER.
Control integration into the existing SCADA system, PLC and HMI programming within theGST
Design or installation of corrosion control equipment.•
Design or installation of piping/valving, treatment equipment or technologies within oraround the tank site.
•
•
••
•
••
•
•
•
General Notes
Engineer’s Opinions of Probable Cost – The OWNER and ENGINEER acknowledge that theENGINEER has no control over the cost of labor and materials. market conditions, or unknown
conditions of existing equipment or structures that may affect construction or operations, or otherfactors which may affect the project cost or schedule.
City of DentonAttachment A
Page 9 of 9
6/1 3/2022
DocuSign Envelope ID: 908ADDD9-CC3C49CA-A535-CC22C0575866
Attachment B
CompensationSWBPS 2.0 MG GST Interior and Exterior Re{oat
Attachment B
Compensation for:
SOUTHWEST BOOSTER PUMP STATION 2.0-MG GROUND STORAGE TANK INTERIORAND EXTERIOR RE-COAT
Total compensation for the ENGINEER contemplated under the terms of this agreement shall
be a total not-to-exceed $116,500.00 for all labor and expenses. The OWNER shallcompensate the ENGINEER as follows:
For Tasks 1-5 the total compensation shall be on a lump sum basis.
Progress payments shall be paid monthly based on the actual work satisfactorily completed per
month in each phase, with the following amounts of the total compensation for each Phase ofthe Project:
Task 1 – Project Management $
$
$
$
&
$
10,000
27,000Task 2 – Preparation of Construction Contract Documents
Task 3 – Bid Phase Services 7,500
20,000Task 4 – Construction Phase Services
Task 5 – Resident Project Representative 52,000
11 6,500Tasks 1-5 Not to Exceed Fee
ENGINEER will not exceed the total maximum fee shown without authorization from the City.
Any permitting, application, and similar project fees will be paid directly by the OWNER.
City of DentonAttachment B
Page 1 of 1
6/13/2022
DocuSign Envelope ID= 908ADDD9-CC3C-+9CA-A535-CC22C0575866
Attachment CProject ScheduleSWBPS 2.0 MG GST Interior and Exterior Re-coat
Attachment C
Project Schedule for:
SOUTHWEST BOOSTER PUMP STATION 2.0-MG GROUND STORAGE TANK INTERIORAND EXTERIOR RE-COAT
All schedule dates are relative to the date of receipt of Notice to Proceed.
Task 1 – Project Management
Task 2 – Preparation of Construction Contract Documents
Task 3 – Bid Phase Services
Task 4 – Construction Phase Services
Task 5 – Resident Project Representative
Project Duration
2 Months
1-2 Months
4 Months
4 Months
City of DentonAttachment D
Page 1 of 1
6/13/2022
DocuSign Envelope ID: 908ADDD9-CC3Cdj9CA-A535-CC22C0575866
Attachment D
Project Location MapSWBPS 2.0 MG GST Interior and Exterior Re<oat
Attachment D
Project Location Map for:
SOUTHWEST BOOSTER PUMP STATION 2.0-MG GROUND STORAGE TANK INTERIORAND EXTERIOR RE-COAT
E
$
f:Iii
City of DentonAttachment E
Page 1 of 1
6/13/2022
DocuSign Envelope ID: 908ADDD9-CC3C49CA-A535-CC22C0578qT
CONFLICT OF INTEREST QUESTIONNAIREFor 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 definedby Section 176.001 (1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate 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.misdemeanor.a W
An offense under this section is a
PARKHILL ,SMITH & COOPER, INC.
2 D 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 loca1 government officer about whom the information in this section is being disclosed.
Name of OfFicer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(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?n *”B ~.
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?E ,„,m ,„,
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 officeror director, or holds an ownership of one percent or more?n *“m „"
D. Describe each employment or business and family relationship with the local government officer named in this section.
None
4
5
Lg I have no Conflict of Interest to disclose.
'DocuSigned by:
fnlhk pl
iiness with the governmental entitymr
bI11 /2022
Date
DocuSign Envelope ID: 908ADDD9-CC3CZ19CA-A535-CC22C0575866
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copyofC'hapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.ug Docs/LG/htm/LG 176.htm. For easy
reference, below are some of the sections cited on this form
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase orleaseofgoods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003(a){2){A) and fB):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local govemmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vetlck)n
(B) has given to the local govemmentomcer ora family member ofthe officer one or more gifts that have an aggregate value ofmore
than $ 100 in the 12-month periodpreceding the date the officer becomes aware that:
(i) a contract between the local govemmental entity and vendor has been executed; or
(ii) the local govemmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and {a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthe officer, describedby Section 176.003(a)(2)(A);
(2) has given a local government officer of that local govemmental entity, or a family member of the officer, one or more gifts with the
agoregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003 (a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware(A) of an employment or other business relationship with a local govemment officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government oaicer.
Citv of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3d degree of affinity (marriage) or consanguinity (blood or adoption)
City Ofncial; for purpose of this anicle, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Comnission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public rightof-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (850.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
'orm provided by Texas Ethics Commission www. ethics .state.tx . us Revised 11/30/2015
[Xx;uSign
Certificate Of Completion
Envelope Id: 908ADDD9CC3C49CAA535CC22C0575866
Subject: Please DocuSign: City Council Contract 7574-015 SWBPS GST Coating
Source Envelope:
Status: Completed
Document Pages: 34
Certificate Pages: 6AutoNav: Enabled
Signatures: 6
Initials: 1
Envelope Originator:
Crystal Westbrook
901B Texas Street
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
6/16/2022 10:06:59 AM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Signature Timestamp
Sent: 6/16/2022 10:17:56 AM
Viewed: 6/1 6/2022 10:18:08 AM
Signed: 6/1 6/2022 10:20:01 AM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 6/16/2022 10:20:04 AM
Viewed: 6/16/2022 10:53:45 AM
Signed: 6/1 6/2022 10:54:44 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 6/16/2022 10:54:47 AM
Viewed: 6/1 6/2022 1 1 :02:43 AM
Signed: 6/1 6/2022 11 :04:23 AM
Signature Adoption: Pre-selected Style
Using IP Address: 12.43.38.253
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Frank Pugsley
fpugsley@parkhill.com
Principal
Security Level: Email, Account Authentication(None)
'DocuSlgned br
kmdEhiq
Sent: 6/1 6/2022 1 1 :04:26 AM
Viewed: 6/1 6/2022 1 1 :52:16 AM
Signed: 6/27/2022 2:36:13 PM
Signature Adoption: Pre-selected Style
Using IP Address: 12.70.161.203
Electronic Record and Signature Disclosure:Accepted: 6/1 6/2022 1 1 :52:16 AMID: 2f29cc6e-9242-4ac3-8612-3f09278c60df
Signer Events
Stephen D. Gay
stephen.gay@cityofdenton.com
Director
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 6/27/2022 2:36:17 PM
Viewed: 6/27/2022 3:40:36 PM
Signed: 6/27/2022 4:25:03 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 6/27/2022 3:40:36 PMID: 6c20df:Pl-d58b493f-9059-998366038e60
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 6/27/2022 4:25:06 PM
Viewed: 7/20/2022 7:57:19 AM
Signed: 7/20/2022 7:57:37 AMUsing IP Address: 198.49.140.104
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 7/20/2022 7:57:42 AM
Viewed: 7/20/2022 8:05:31 AM
Signed: 7/20/2022 8:06:05 AM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.200.213
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'DocuSlgned bFI RanR&+1
IC5CA8C5EI 75493
Sent: 7/20/2022 8:06:10 AM
Viewed: 7/20/2022 12:54:35 PM
Signed: 7/20/2022 12:54:53 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted : 7/20/2022 12:54:35 PMID: 4f529603-6b62475b-9e7e-accc0568eb88
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy EventsHeir
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Timestamp
Sent: 6/16/2022 10:20:04 AM
-=
Carbon Copy Events
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 6/27/2022 4:25:07 PM
Viewed: 6/28/2022 4:33:46 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 7/20/2022 12:54:57 PM
Viewed: 7/20/2022 2:54:35 PM
Brian Smith
brian.smith@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 7/12/2022 7:59:36 AMID: 0ddf850c-1 ab3Jjab0-82b2-7689a5990cda
Sent: 7/20/2022 12:54:58 PM
Daniel Parish
daniel.parish@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Accepted: 7/19/2022 10:38:43 AMID: ec07f2da-2cal-4fd6-9dba-a92589f29d71
Sent: 7/20/2022 12:54:58 PM
Hector Ortiz
hector.ortiz@cityofdenton.com
Water Production Superintendent
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 6/8/2022 1 :29:23 PMID: aba934eb-0e50-+3e8-be3c-+fb9faOd9fde
Sent: 7/20/2022 12:54:58 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
6/16/2022 10:17:56 AM
7/20/2022 12:54:35 PM
7/20/2022 12:54:53 PM
7/20/2022 12:54:58 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Frank Pugsley, Stephen D. Gay, Rosa Rios, Brian Smith, Daniel Parish, Hector Ortiz
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
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If you elect to receive required notices and disclosures only in paper format, it will slow the
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