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7574-003 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF Not Applicable 7574-003 WASTEWATER MASTER PLAN Crystal Westbrook PSA JUNE 22, 2021 N/A 21-1198 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 18 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 Kimley-Horn and Associates, Inc., with its corporate office at 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Bell Avenue Wastewater Master Plan (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $2,025,100 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment D. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 18 A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment D to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer Amendments to Section 4, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 18 (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and 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. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 18 (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 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 DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 18 the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 18 J. INSURANCE (1) ENGINEER’S INSURANCE a. Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. 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 DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 18 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. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability – ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 18 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. 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. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 18 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. 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 D to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 18 shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City Amendments to Section 5, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. E. Prompt Notice DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 18 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (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. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 18 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions Amendments to Section 6, if any, are included in Attachment C. 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. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 18 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 18 IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 18 ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER’S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 18 at the time the Engineer submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Engineer will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 – Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days. O. Prohibition Against Personal Interest In Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Engineer shall complete and submit the City’s Conflict of Interest Questionnaire. P. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 18 Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - 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 in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. Duly executed by each party’s designated representative to be effective on the date subscribed by the City Manager. ENGINEER BY: ______________________________ AUTHORIZED SIGNATURE Printed Name: _____________________ Title: ____________________________ _________________________________ PHONE NUMBER ________________________________ EMAIL ADDRESS ________________________________ TEXAS ETHICS COMMISSION 1295 CERTIFICATE NUMBER CITY OF DENTON, TEXAS BY: _____________________________ ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: BY: _______________________________ DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF 2021-759927 Vice President 817-335-6511 scott.arnold@kimley-horn.com Scott Arnold CATHERINE CLIFTON, INTERIM CITY MANAGER SARA HENSLEY, INTERIM CITY MANAGER City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 18 of 18 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF Director, Water and Wastewater Stephen D. Gay Water and Wastewater ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 1 of 30 ATTACHMENT "A" Scope for Planning Related Services for: WASTEWATER MASTER PLAN The ENGINEER will perform its services pursuant to the requirements delineated below. Services under this attachment include planning related services for the Wastewater Master Plan. Project Understanding The City of Denton (City) is requesting the development of a Wastewater Master Plan. Development of this plan will include data collection, wastewater hydraulic model creation, collection system analysis, water reclamation plant analysis and recommendations which will include development of a capital improvement plan. Additionally, the ENGINEER understands that several of the City’s existing wastewater basins are a higher priority than other basins. The ENGINEER plans to analyze individually as well as holistically the City’s four (4) existing wastewater basins, two (2) future basins, existing lift station assessments, and existing and proposed Water Reclamation Facilities. The anticipated project breakdown will be as follows: ·Pecan Creek Basin ·Cooper Creek Basin ·Hickory Creek Basin ·Lakeview Ranch Basin ·Milam Creek Basin · Clear Creek Basin ·Lift Station Assessments ·Water Reclamation Facilities (Pecan Creek Water Reclamation Plant) Project Assumptions The following assumptions have been made by the ENGINEER in preparation of this scope of services: ·Analysis for each basin will include evaluation of existing basin boundaries. The final Master Plan submittal will include a city-wide basin boundary map (see Task 20). ·The existing wastewater system includes various basin transfers, interim and final recommendations will be made as part of each basin analysis. ·Throughout development and at the completion of the project City will retain complete ownership of the wastewater system model. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 2 of 30 ENGINEER’s scope of services is as follows: §Task 1 – Project Management §Task 2 – Data Collection §Task 3 – Topographic Survey §Task 4 – Flow Monitoring Pecan Creek Basin §Task 5 – Pecan Creek Basin Analysis §Task 6 – Pecan Creek Basin Recommendations Cooper Creek Basin §Task 7 – Cooper Creek Basin Analysis §Task 8 – Cooper Creek Basin Recommendations Hickory Creek Basin §Task 9 – Hickory Creek Basin Analysis §Task 10 – Hickory Creek Basin Recommendations Lakeview Ranch Basin §Task 11 – Lakeview Ranch Basin Analysis §Task 12 – Lakeview Ranch Basin Recommendations Milam Creek Basin §Task 13 – Milam Creek Basin Analysis §Task 14 – Milam Creek Basin Recommendations Clear Creek Basin §Task 15 – Clear Creek Basin Analysis §Task 16 – Clear Creek Basin Recommendations Lift Station Condition Assessment §Task 17 – Lift Station Condition Assessment Water Reclamation Facilities §Task 18 – Water Reclamation Facility Analysis §Task 19 – Water Reclamation Facility Recommendations Wastewater Master Plan §Task 20 – Overall Master Plan Report Consolidation §Task 21 – Hydraulic Model Training DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 3 of 30 Task 1 PROJECT MANAGEMENT A.Project Management 1.Develop project communication plan. a.Develop project contact list. b.Prepare and e-mail progress reports to the project team once a month to be included with invoices. 18 months is assumed. c.Prepare project schedule and provide schedule updates if the schedule changes. 2.Develop Design Criteria specifically for City that meets Texas Commission on Environmental Quality (TCEQ) regulations and industry design standards for: a.Wastewater Main Capacity b.Lift Station and Force Main Capacity c.Treatment Plant Capacity and Effluent Quality 3.Meetings a.Prepare for and attend one (1) project kickoff meeting with the City to determine design criteria for the project. b.Prepare for and attend up to eighteen (18) project status meetings with the City. c.Prepare meeting notes and distribute to the City. 4.Sub-consultant Agreement Preparation a.Prepare and execute up to two (2) subconsultant agreements. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 4 of 30 Task 2 DATA COLLECTION A.Data Collection 1.ENGINEER will deliver a letter request to the City describing data that will be needed to complete the Master Plan. ENGINEER will also prepare and maintain a data collection log that includes data type, date of request, and date of receipt. Data collection is anticipated to include the following and will be provided by the City, if available, unless specifically stated otherwise: a.Demographic and Geographic Data Collection 1.Comprehensive Plan 2.City Maps – GIS shapefiles, associated, databases, and layer files in ESRI ArcGIS10.x format. All data shall be projected in NAD 83 State Plane, North Central Texas Zone coordinate system. Data should include: a.Street Maps & Master Thoroughfare Plan b.Existing Land Use c.Existing Zoning d.Future Land Use Plan e.City/County parcel data with living area information f.City Limits, ETJ, and CCN map g.Contour Map h.Digital Orthographic Map b.Water Specific Data Collection to Establish Historic Wastewater Discharge from Customers 1.Water consumption records a.Current and historical number and type of water service connections – Previous Five (5) years, if available b.Water customer billing usage by month, by address – Previous Three (3) years, if available c.Wastewater Specific Data Collection 1.Existing Wastewater Studies 2.Administrative Orders (if applicable) 3.Existing Facility GIS Data - GIS shapefiles, associated, databases, and layer files in ESRI ArcGIS10.x format. All data shall be projected in NAD 83 State Plane, North Central Texas Zone coordinate system. Data should include: a.Manhole/Junction Structures: location, depth, dimensions b.Gravity and Force Mains: location, diameter, length, age, material, connectivity to other pipes. c.Lift stations: location DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 5 of 30 d.Boundaries: service area, drainage basins 4.Existing Facility Data a.Record drawing information for existing trunk mains (10-inch and larger.) May request drawings for sewer mains smaller than 10- inch if needed to complete connections in a specific areas. b.Record drawing information for existing lift stations including depth, dimensions, total capacity, number of pumps, flow and head range, pump curves, pump impeller elevation, pump on/off settings 5.Wastewater Operating and Discharge Records – Previous Five (5) years, if available. More detailed operating and discharge records will be requested for specific days of analysis. a.Wholesale Customers (daily) b.Lift Station (daily) i.Discharge Meter Flow ii.Pump Run Times iii.Wet Well Level c.Plant Influent and Effluent Discharge (daily) d.Commercial/Industrial Meters (daily) 6.Wastewater Maintenance Staff Historical Data Collection – Previous Five (5) years, if available a.Areas with observed deficiencies b.Sanitary Sewer Overflow (SSO) History c.Maintenance Problem Areas 7.Operations Records for Sanitary Sewer Overflow (SSO) Events in previous five (5) years, if available a.Location b.Approximate volume of overflow Task 3 TOPOGRAPHIC SURVEY A.Topographic Survey 1.ENGINEER will obtain measure-downs (inverts) and rim elevations on up to one thousand, six-hundred-sixty five (1,665) sanitary sewer main holes to verify accuracy of provided record drawings and to supplement where record drawings are unavailable. 2.ENGINEER will obtain rim, inlet and bottom elevations on up to fifty (50) lift station wet wells to verify accuracy of provided record drawings and to supplement where record drawings are unavailable. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 6 of 30 Task 4 FLOW MONITORING A.Flow Monitoring 1.ENGINEER will conduct temporary wastewater flow monitoring at up to ten (10) locations within the wastewater system and rainfall monitoring at three (3) locations for up to 90 days each, to assist with model calibration and verification. PECAN CREEK BASIN Task 5 PECAN CREEK BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Pecan Creek Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCAD® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new developed identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 7 of 30 c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer use data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 8 of 30 Task 6 PECAN CREEK BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting 1.Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 9 of 30 COOPER CREEK BASIN Task 7 COOPER CREEK BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Cooper Creek Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCAD® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new developed identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided trunk main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 10 of 30 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer use data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 11 of 30 Task 8 COOPER CREEK BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting 1.Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 12 of 30 HICKORY CREEK BASIN Task 9 HICKORY CREEK BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Hickory Creek Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCAD® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new development identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided trunk main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 13 of 30 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer flow data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 14 of 30 Task 10 HICKORY CREEK BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting 1.Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 15 of 30 LAKEVIEW RANCH BASIN Task 11 LAKEVIEW RANCH BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Lakeview Ranch Sub-Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCAD® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new developed identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided trunk main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 16 of 30 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer use data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 17 of 30 Task 12 LAKEVIEW RANCH BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting 1.Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 18 of 30 MILAM CREEK BASIN Task 13 MILAM CREEK BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Northwest Area Sub-Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCAD® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new developed identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided trunk main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 19 of 30 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer use data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 20 of 30 Task 14 MILAM CREEK BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 21 of 30 CLEAR CREEK BASIN Task 15 CLEAR CREEK BASIN ANALYSIS A.Analysis 1.This task shall consist of compiling existing infrastructure information and demographics to create the hydraulic sewer model of the Clear Creek Basin for the City. The model will be created using industry standard computerized sewer modeling software such as SewerCad® by Bentley. ENGINEER will use this model with the developed design criteria to identify infrastructure improvements required to accommodate existing deficiencies and new developed identified in the CITY’s comprehensive plan or future land use plan. The scope is anticipated to be as follows: a.Land Use and Growth Assumptions 1.ENGINEER will utilize land use assumptions as provided in the CITY’s comprehensive plan or future land use plan to determine future land use for undeveloped areas. 2.ENGINEER will utilize rate of growth assumptions as provided in the CITY’s comprehensive plan or as provided by the CITY to determine the rate at which development is anticipated to occur. 3.ENGINEER will utilize data provided by the CITY to determine the anticipated locations at which development is anticipated to occur. This data will be utilized to prioritize infrastructure improvements. b.Existing Wastewater Flows – ENGINEER will utilize the temporary flow metering data and CITY’s wastewater discharge data to calculate the historical wastewater discharges. Tasks will include: 1.Verify existing regional wastewater basins and redelineate if necessary. Delineate wastewater basin contribution area of temporary flow meters. 2.Calculate historical average day, dry weather wastewater discharges for the CITY and for each wastewater basin. 3.Calculate historical average day, dry weather wastewater discharges by each unique land use type. 4.Calculate a representative diurnal wastewater demand curve for the CITY and for each wastewater basin. 5.Calculate wet weather wastewater discharges for the CITY and for each wastewater basin for selected rainfall events. c.Wastewater System Model – ENGINEER will create a wastewater system model, to represent the existing wastewater system and existing wastewater system flows. The model will utilize temporary and permanent flow meter information, CITY provided trunk main and lift station record drawings, and field survey of existing manholes and lift stations. Tasks will include: 1.Evaluate system connectivity. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 22 of 30 2.Confirm pipe and manhole parameters, such as pipe sizes and manhole ground and invert elevations. 3.Confirm system components, such as lift stations are shown in the model with the correct location, connectivity, and geometry. 4.Confirm system operational parameters and controls. 5.Evaluate the distribution of flows and compare to the land use map and historical sewer use data. d.Model and Infrastructure Verification – ENGINEER will use data collected from flow monitoring to calibrate the model. 1.Consultant will coordinate with CITY staff to verify that the existing infrastructure matches the wastewater system model. 2.Perform a calibration analysis to compare model results with the recorded data. e.Wastewater System Analysis and Infrastructure Sizing – ENGINEER will utilize the wastewater system model to evaluate the system to determine existing components that are deficient in their current state and are anticipated to be deficient as a result of future development. Tasks will include: 1.Utilize land use demand projections to prepare projected demand distributions associated with undeveloped areas. a.Prepare estimates of wastewater flows for different land use classifications based on assumed development densities b.Create flow distributions for undeveloped areas utilizing the future land use, provided growth rates, and anticipated location of developments. c.Incorporate the flows for undeveloped areas into the model. 2.Execute the model for future development build-out scenarios to identify infrastructure improvements necessary to meet the future flows. 3.The following components will be evaluated and sized: a.Manholes b.Wastewater Mains c.Lift Stations d.Detention Facilities e.Treatment Facilities DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 23 of 30 Task 16 CLEAR CREEK BASIN RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a wastewater Capital Improvement Plan that identifies projects to be constructed. Tasks will Include: a.Develop costing methodology for wastewater infrastructure projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum summarizing the findings of the analysis and the recommended interim and build-out improvements necessary for the basin. a.Technical memorandum will include existing system and basin map, land use and growth map, and proposed Capital Improvement Plan map. b.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meeting 1.Meet with City to receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 24 of 30 LIFT STATION ASSESSMENTS Task 17 Lift Station Assessments A.Lift Station Assessment –ENGINEER will perform a pump evaluation and condition assessment for up to eight (8) existing lift stations as directed by CITY. 1.Pre-Evaluation Summary – Provide a summary of work that the needs to be completed by the CITY before testing is conducted at each location. Work is expected to include, but not limited to, installation of tap assemblies, clearing grease from wet well, functional testing of isolation valves, providing SCADA data, applicable pump curves and record drawings, and coordination to complete lift station evaluations. Provide a summary of tasks and manpower to be provided by CITY and a test outline. 2.Pump Evaluations – Conduct pump performance tests of each pump. Pump performance tests will include flow, discharge head, suction head (if available), NPSH, surge data, and input power measurements where possible. Power measurements will only be possible for 600 volt and below. Perform the following tests for each operational pump: f.Perform single-point hydraulic test with a single pump in operation at a time g.Perform throttled hydraulic test with a single pump in operation at a time 3.Condition Assessments – Conduct condition assessment at lift station. Condition assessments will include major pump station components and a numerical condition ranking from 1 to 5 including notes regarding significant defects. Photos and details will be provided for components with conditions equal to 4 or 5. Portions of the lift station requiring confined space entry will not be performed. 4.Engineering Report – Provide an engineering report summarizing the data collection process, findings, criticality, and recommendations for each station. The Engineering Report will contain the following: h.Evaluation Summaries – A summary of the findings at each site. Reports will include an analysis of each pump’s performance, and the condition assessment. Evaluation reports will include a summary sheet showing averaged values of the flow rates, total dynamic head, current, voltage, input horsepower, output horsepower, wire-to-water efficiency, and estimated power consumption and approximate electrical costs per year. Provide recommendations with respect to critical defects and operating conditions. i.Condition Assessment – A tabulation of the major site components, their condition ranking, and descriptions of any defects observed. Identify stations with the potential for failure. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 25 of 30 WATER RECLAMATION FACILITIES Task 18 WATER RECLAMATION FACILITY ANALYSIS A.Develop Future Loads for Pecan Creek WRP 1.CITY shall provide the following information: a.Facility Physical Data: This includes existing as built/design drawings and specifications, surveys, pump performance data, blower performance data, diffuser data, tank configurations and operation and maintenance manuals b.Facility Operating Data: This includes the operating objectives (MLSS and DO concentration set-points, sludge retention time, hydraulic retention time, etc.) The Client will provide Kimley-Horn the last 5 years of daily monitoring reports and process control data in electronic format (Excel). c.Influent Wastewater Characteristics: 1.BOD, COD, and filtered COD 2.TSS and VSS 3.Ammonia and total Kjeldahl Nitrogen 4.Industrial Pre-Treatment Permits d.BioWIN Process Model of existing facility e.PFAS testing results 2.ENGINEER will evaluate the existing loading information to develop future influent loading. B.Current and Future Regulation Requirement Assessment 1.ENGINEER will summarize and define the current and future TCEQ Chapter 217 regulations anticipated to affect the water reclamation facilities by performing the following items: a.Review the current effluent discharge permit, currently proposed regulations, and how they may affect future permit renewals and facility operations. b.Plan for and attend one virtual meeting with the TCEQ to discuss stream loading criteria for Pecan Creek, Clear Creek, Hickory Creek, and Milam Creek. c.Determine conceptual water reclamation facility discharge locations along Clear Creek, Hickory Creek and Milam Creek. 1.Evaluate topography and existing/proposed infrastructure to determine suitable locations for future water reclamation facility effluent discharge locations. d.Coordinate with TCEQ Water Quality Assessment Team to receive preliminary stream capacity criteria for Pecan Creek, Clear Creek, Hickory Creek, and Milam Creek. 2.ENGINEER will evaluate the mass loading criteria provided by TCEQ and summarize the limitations of Pecan Creek, Clear Creek, Hickory Creek, and Milam Creek. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 26 of 30 3.ENGINEER will recommend up to two additional effluent discharge locations. 4.ENGINEER will summarize additional requirements at the existing Pecan Creek Water Reclamation Facility to meet future regulatory requirements. 5.ENGINEER will modify the existing process model with additional treatment units to meet future regulatory requirements. 6.ENGINEER will evaluate the existing PFAS laboratory testing and make recommendations to treatment processes for future PFAS removal. C.Future Water Reclamation Facility Site Planning 1.ENGINEER will determine future locations of Clear Creek, Hickory Creek, and Milam Creek Water Reclamation Facilities by performing the following: a.Evaluate topography and existing/proposed infrastructure to determine suitable locations for the water reclamation facility. b.Based on the projected total flow for the sewer basin, prepare a preliminary site plan based on conventional treatment required to meet the regulatory requirements identified in the Future Regulation Requirement Assessment Task. c.Based on the projected sanitary sewer flows, prepare a preliminary facility phasing plan to establish phased expansions of the facilities. d.Determine land acreage requirement for the future facilities. 2.ENGINEER will develop future site plan for the Pecan Creek Water Reclamation Facility by performing the following: a.Evaluate existing topography and existing/proposed infrastructure to identify locations available for expansion of the Pecan Creek Water Reclamation Facility b.Based on the projected total flow for the sewer basin, prepare a preliminary site plan based on conventional treatment required to meet the regulatory requirements identified in the Future Regulation Requirement Assessment Task. c.Based on the projected sanitary sewer flows, prepare a preliminary facility phasing plan to establish phased expansions of the facilities. d.Determine land acreage requirement for the future facilities. D.Beneficial Reuse of Reclaimed Effluent Evaluation 1.ENGINEER will establish a baseline for current and future reclaimed effluent volume available based on the tasks above. 2.ENGINEER will develop decision parameters for evaluating potential uses including: a.Limitations and restrictions related to reclaimed effluent supply b.Forecasts for reclaimed effluent use, including potential customers c. Regulatory compliance and permitting requirements based on 30 TAC Chapter 210. 3.ENGINEER will evaluate up to three (3) reclaimed effluent alternatives 4.ENGINEER will perform a planning level economic analysis for each alternative 5.ENGINEER will prepare a technical memorandum summarizing the evaluation methodology, findings and recommendations. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 27 of 30 E.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. F.Review Meeting 1.Meet with City to receive comments on technical memorandum. Task 19 WATER RECLAMATION FACILITIES RECOMMENDATIONS A.Capital Improvements Plan 1.ENGINEER will develop a facility Capital Improvement Plan that identifies projects to be constructed based on anticipated flows identified in the Collection System analysis (Tasks 5, 7, 9, 11, 13, and 15). Tasks will Include: a.Develop costing methodology for wastewater reclamation facility projects. b.Utilize costing methodology to develop opinions of probable construction costs. B.Technical Memorandum 1.Provide technical memorandum including a proposed improvements map, summarizing the findings of the analysis and the recommended improvements for the water reclamation facilities. a.Technical memorandum methodology and findings will be incorporated into the overall Wastewater Master Plan Report as part of Task 20. 2.Finalize technical memorandum based on City comments. C.Deliverables 1.Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. D.Review Meetings 1.Meet with City up to five (5) times to review progress and receive comments on technical memorandum. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 28 of 30 WASTEWATER MASTER PLAN Task 20 WASTEWATER MASTER PLAN REPORT CONSOLIDATION A.Report 1.ENGINEER will consolidate the findings presented in technical memorandums created for Tasks 6, 8, 10, 12, 14, 16, 17, and 19 into one complete Wastewater Master Plan document for use by the CITY. The Wastewater Master Plan is anticipated to include the following: a.Executive summary b.Introduction c.Description of existing infrastructure d.Design criteria and modeling methodology e.Existing wastewater system deficiencies f.Future land use and wastewater discharge (flow) projections g.Analysis and recommendations h.Capital improvements plan 1.Opinion of probable construction cost 2.Project descriptions 2.ENGINEER will finalize Wastewater Master Plan document based on CITY comments. B.Deliverables 1.Draft and Final Wastewater Master Plan will be provided in hard copy and .PDF format to City via e-mail for review and comment. Master Plan will the following exhibits at a minimum: a.Capital Improvements Plan Map b.Existing Wastewater Basins Map c.Proposed Wastewater Basins Map 2.Computerized hydraulic sewer model in SewerCAD® by Bentley format. 3.GIS shapefiles, associated databases, and layer files created in the development of the hydraulic model and master plan. GIS files will be in ESRI ArcGIS 10.x format, projected in the NAD 83 State Plane, North Central Texas Zone coordinate system. C.Review Meeting 1.Meet with City to receive comments on Wastewater Master Plan. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 29 of 30 Task 21 HYDRAULIC MODEL TRAINING A.Hydraulic Model Training 1.ENGINEER will prepare and provide training materials and conduct training sessions related to use, evaluation, and updating of the hydraulic model. 2.Engineer will conduct up to 2 meetings (4-hours each) with City. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT ADESIGN SERVICES FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment A Page 30 of 30 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the City’s written request. Any additional amounts paid to ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include, but are not limited to the following: ·Design of infrastructure ·Analysis of additional basins and water reclamation facilities ·Analysis of distribution systems for beneficial reuse of reclaimed effluent ·Preparation for and attendance at public meetings ·Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. ·Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ·Any services not listed in the Scope of Services DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT BCOMPENSATION FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment B Page 1 of 2 ATTACHMENT "B" Compensation for Engineering Design Related Services for: WASTEWATER MASTER PLAN Total compensation for the ENGINEER contemplated under the terms of this agreement shall be a total not-to-exceed $2,025,100 for all services including reimbursable expenses. The CITY shall compensate the ENGINEER as follows: For Tasks 1, 2, 5-16, and 18-21 the total compensation shall be on a lump sum basis and not to exceed $1,378,800. For Tasks 3, 4 and 17 the total compensation shall be on a reimbursable (hourly) basis and not to exceed $646,300. Progress payments for 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 of the Project: ·Task 1 – Project Management $ 90,900 ·Task 2 – Data Collection $ 76,200 ·Task 3 – Topographic Survey $455,000 ·Task 4 – Flow Monitoring $111,300 Project Management and Data Collection Sub-total: $733,400 ·Task 5 – Pecan Creek Basin Analysis $ 147,000 ·Task 6 – Pecan Creek Basin Recommendations $ 23,300 Pecan Creek Basin Sub-total: $170,300 ·Task 7 – Cooper Creek Basin Analysis $ 145,700 ·Task 8 – Cooper Creek Basin Recommendations $ 21,600 Cooper Creek Basin Sub-total: $167,300 ·Task 9 – Hickory Creek Basin Analysis $195,800 ·Task 10 – Hickory Creek Basin Recommendations $ 33,000 Hickory Creek Basin Sub-total: $228,800 ·Task 11 – Lakeview Ranch Basin Analysis $ 35,000 ·Task 12 – Lakeview Ranch Sub-basin Recommendations $ 21,600 Lakeview Ranch Basin Sub-total: $ 56,600 ·Task 13 – Milam Creek Basin Analysis $ 30,500 ·Task 14 – Milam Creek Basin Recommendations $ 21,600 Milam Creek Basin Sub-total: $ 52,100 ·Task 15 – Clear Creek Basin Analysis $ 47,700 ·Task 16 – Clear Creek Basin Recommendations $ 32,700 Clear Creek Basin Sub-total: $ 80,400 ·Task 17 – Lift Station Assessments $ 80,000 Lift Station Assessments Sub-total: $ 80,000 ·Task 18 – Water Reclamation Facility Analysis $248,600 ·Task 19 – Water Reclamation Facility Recommendations $131,700 Water Reclamation Facilities Sub-total: $380,300 ·Task 20 – Overall Master Plan Report Consolidation $ 58,400 Master Plan Report Consolidation Sub-total: $ 58,400 ·Task 21 – Hydraulic Model Training $ 17,500 Hydraulic Model Training Sub-total: $ 17,500 Grand Total $2,025,100 DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF ATTACHMENT BCOMPENSATION FOR WASTEWATER MASTER PLAN City of Denton, Texas Attachment B Page 2 of 2 ENGINEER will not exceed the total maximum fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right to reallocate amounts among tasks as necessary. All permitting, application, and similar project fees will be paid directly by the CITY. Non-Labor Expenses:Non-labor expenses for reimbursable tasks shall be reimbursed as Direct Expenses at invoice or internal office cost. 4.6% will be added to each invoice to cover certain other internal office cost expenses as to these tasks, such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Direct Expenses (non-labor) for reimbursable tasks include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Page 1 of 1 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for WASTEWATER MASTER PLAN No modifications to the Standard Agreement are necessary for this project. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF City of Denton, Texas Page 1 of 1 ATTACHMENT “D” PROJECT SCHEDULE WASTEWATER MASTER PLAN ENGINEER endeavors to complete CITY wastewater master plan eighteen (18) months from the date of Notice to Proceed. ENGINEER will provide additional detailed schedule to CITY upon further discussion regarding priority areas for analysis and recommendation upon execution of the contract. DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF SHERMANLOCUSTMCKINNEY ELM FM 2164FM 2449 UN I VE R S I T Y FORT WORTHLOOP 288TEASLEYCARROLLDALLAS VINTAGE HICKORY CREEK LAKEVIEWMAYHILLTEASLEYUNIVERSITYFM 156BONNIE BRAEFM 2153GANZER RYAN JIM CHRISTAL COWLINGNAILHILLTOPC. WOLFESHEPARD HICKORY HILLJOHN PAINERECTORMILLS MILAM H. LIVELY WINDSORJACKSON TRINITYPRIVATE AIRPORT COLL I NSHWY 1173 AUDRA WESTERNM IN G O FM 1830 HARTLEE FIELD ZACKERYROBSON RANCH AMYX KINGS ROW TOM COLE ELM BOTTOMSPENCER FLORENCELONG FARRISLOVERSBARTHOLDLAKEVIEWMCKINNEY BRIDGE OLD ALTON BURGER SCRIPTURE CRAWFORD WARSCHUN O A K BOBCAT LAKE SHARONJAMESCHINNORR GIBBONSCINDYEL PASEO GRIBBLE SPRINGS EMERSON HERCULES MCCORMICKCORBIN UNDERWOODCORINTHMICHELLE WAYM E A D O W V IE WHELMSTUARTPAR C TAYLORKIRBYWEBBMASCH BRANCHGARDENIAL A NEYJ .R .STELLA CULP BRANCHKENDOLPHHOSS THOMAS J . EGANPEAKREDWOODACME D E L BOYDCHINN FM 156RECTORMILAM PRIVATEPRIVATE P RIV A T EPRIVATEATTACHMENT "E"PROJECT LOCATION MAPforDENTON WASTEWATER MASTER PLAN 0 1 20.5 Miles Hickory CreekBasin Pecan CreekBasin Cooper CreekBasin Clear CreekBasin MilamCreekBasin LakeviewRanch DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 2F412ED5-A260-40E7-94F4-658F3A6EC8CF KIMLEY-HORN AND ASSOCIATES, INC. CIQ 6/1/2021 X N/A Certificate Of Completion Envelope Id: 2F412ED5A26040E794F4658F3A6EC8CF Status: Completed Subject: Please DocuSign: City Council Contract 7574-003--Wastewater Master Plan Source Envelope: Document Pages: 55 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 5/27/2021 7:57:40 AM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 5/27/2021 8:04:47 AM Viewed: 5/27/2021 8:04:57 AM Signed: 5/27/2021 8:07:42 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 5/27/2021 8:07:45 AM Viewed: 5/27/2021 9:04:45 AM Signed: 5/27/2021 9:06:08 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 68.185.202.16 Sent: 5/27/2021 9:06:10 AM Viewed: 5/28/2021 11:33:11 AM Signed: 5/28/2021 11:35:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott Arnold scott.arnold@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 12.245.18.82 Sent: 5/28/2021 11:35:25 AM Viewed: 5/28/2021 11:49:58 AM Signed: 6/1/2021 11:42:12 AM Electronic Record and Signature Disclosure: Accepted: 3/27/2020 10:55:11 AM ID: a1f38400-e5cc-4b57-8548-4dd7e031355d Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com Director, Water and Wastewater Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/1/2021 11:42:14 AM Viewed: 6/2/2021 9:27:41 AM Signed: 6/2/2021 9:28:15 AM Electronic Record and Signature Disclosure: Accepted: 6/2/2021 9:27:41 AM ID: 8f859b0c-6d40-4fad-b5d1-d75ce08261f0 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 6/2/2021 9:28:17 AM Viewed: 6/23/2021 8:31:21 AM Signed: 6/23/2021 8:32:41 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/23/2021 8:32:44 AM Viewed: 6/23/2021 8:41:46 AM Signed: 6/23/2021 8:41:52 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/23/2021 8:41:55 AM Viewed: 6/23/2021 10:48:08 AM Signed: 6/23/2021 10:48:27 AM Electronic Record and Signature Disclosure: Accepted: 6/23/2021 10:48:08 AM ID: 6745b493-714b-4325-9248-6fd5aaba3bf4 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 5/27/2021 8:07:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 6/2/2021 9:28:18 AM Viewed: 6/2/2021 11:39:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 6/23/2021 10:48:31 AM Viewed: 6/23/2021 11:06:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@cityofdenton.com Deputy Director Water/Wastewater Security Level: Email, Account Authentication (None) Sent: 6/23/2021 10:48:32 AM Electronic Record and Signature Disclosure: Accepted: 6/22/2021 10:43:10 AM ID: 61a1fd6d-f8a4-4db1-ad2d-f9b86147081b Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/27/2021 8:04:47 AM Certified Delivered Security Checked 6/23/2021 10:48:08 AM Signing Complete Security Checked 6/23/2021 10:48:27 AM Completed Security Checked 6/23/2021 10:48:32 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 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. 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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Scott Arnold, Stephen D. 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