7574-014 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
Crystal Westbrook
7574-014
Not Applicable
PSA
RRWTP CHEMICAL SYSTEMS IMPROVEMENTS PROJECT
N/A
DECEMBER 6, 2022
22-2422
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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 FREESE AND NICHOLS, INC., with its corporate office at 801 Cherry St.,
STE 2800, Fort Worth, TX 76102 and authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: RRWTP Chemical Systems Improvements
Project (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 $2,233,740.00 in the manner and in
accordance with the fee schedule as set forth in Attachment A. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to
completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 2 of 18
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 18
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
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 18
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.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 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
compensation and employers liability insurance and, if necessary,
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 18
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.
f. Insurers for all policies must be authorized to do business in the State of
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 18
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.
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.
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City of Denton, Texas
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per
Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall engage in any discriminatory employment practice. No person shall, on
the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 18
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
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.
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City of Denton, Texas
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(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.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
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City of Denton, Texas
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(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
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
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City of Denton, Texas
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(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
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
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City of Denton, Texas
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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
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
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 18
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 2271 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
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible 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. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of 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 energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 18
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. 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 Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Agreement Documents
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City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 18
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, Compensation, Project Schedule
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.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
FEESE AND NICHOLS, INC.
Name: __________________________
Title: ____________________________
Date:____________________________
________________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
2022-950254
11/1/2022
Principal/Vice President
James Naylor
DECEMBER 6, 2022
City of Denton, Texas
Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 18
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
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Water Utilities
Director
11/1/2022
SC-1
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
RAY ROBERTS WATER TREATMENT PLANT DISINFECTION CONVERSION AND CHEMICAL IMPROVEMENTS
PROJECT UNDERSTANDING
The City of Denton (City) desires to conduct design, request for proposal (RFP), and construct the Disinfection
Conversion and Chemical Systems Improvements at the Ray Roberts Water Treatment Plant (RRWTP). This
project will include the conversion of bulk gas chlorine to bulk sodium hypochlorite, conversion of bulk
anhydrous ammonia to liquid ammonium sulfate, replacement of polymer storage and feed systems to a new
location, and miscellaneous chemical piping improvements throughout the RRWTP. Based on discussions with
the City, this design project will include the following major work elements as part of Basic Services:
Detailed Design:
1. Disinfection System Conversion
a. Conversion of the existing bulk chlorine gas system to a bulk sodium hypochlorite
(12.5 percent) storage and feed system.
i. The bulk sodium hypochlorite storage system will be sized to accommodate an average
chlorine dose of 5.6 mg/L (as Cl2) and a treated water flow of 30 million gallons per day
(MGD). The 15-day storage volume required based on this design criteria is approximately
20,400 gallons of sodium hypochlorite (assuming a 12.5-percent solution). The average
chlorine dose is based on data previously provided by the City.
ii. The sodium hypochlorite storage system will consist of two (2) fiberglass reinforced
plastic (FRP) tanks.
iii. To mitigate the sodium hypochlorite degradation associated with UV light and elevated
temperatures, these two (2) tanks will be located within the proposed Disinfection
Building in a dedicated enclosed room.
iv. The sodium hypochlorite system design will include adequate instrumentation and
programming (i.e., chemical flow meters) so that a day tank and transfer pump
arrangement are not required.
v. The sodium hypochlorite chemical feed system will provide dosing at the following
locations: 1) Transfer Pump Station discharge header [primary] and 2) settled water
piping before the Intermediate Ozone Contactor [emergency]. The emergency dosing
location is intended to provide disinfection backup in the event the ozone system is out
of service.
vi. The sodium hypochlorite chemical feed system design will be based on the use of
peristaltic (tube) pumps. To accommodate a flow of 30 MGD and a maximum chlorine
dose of 10.8 mg/L (as Cl2) at the primary and secondary dosing points, the chemical feed
system design will include three peristaltic pumps (1 duty primary location + 1 duty
emergency location + 1 installed swing standby). The sodium hypochlorite metering
pumps will be located within the proposed Disinfection Building in a dedicated, enclosed
room.
b. Conversion of the existing anhydrous ammonia system to a liquid ammonium sulfate (LAS)
storage and feed system.
i. The LAS bulk storage system will be sized to accommodate an average ammonia dose of
1.2 mg/L (as NH3) and a treated water flow of 30 MGD. The 15-day storage volume
required based on this design criteria is approximately 4,300 gallons of LAS (assuming 40-
ATTACHMENT A
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
percent solution). The storage system will include two (2) FRP tanks to provide system
redundancy. The average ammonia dose is based on data previously provided by the City.
ii. The LAS bulk storage tank will be contained within a cast-in-place concrete containment
structure located adjacent to the proposed Disinfection Building described below. The
containment structure will be outdoors and will not include a canopy over the
containment area.
iii. The LAS system design will include adequate instrumentation and programming (i.e.,
chemical flow meters) so that a day tank and transfer pump arrangement are not
required.
iv. The LAS feed system will include the use of peristaltic pumps to dose at the following
locations: 1) Transfer Pump Station discharge header [secondary], 2) Ammonia Injection
Manhole located downstream of the Transfer Pump Station [primary]. The peristaltic
pump configuration will include two (2) pumps (1 duty + 1 installed standby). This scope
is based on a single dosing location being used at any one time. The LAS metering pumps
will be located within the proposed Disinfection Building in a dedicated, enclosed room.
c. Disinfection Building and LAS Containment Structure:
i. The proposed Disinfection Building and Containment Structure will be located southwest
of the existing Transfer Pump Station on the south side of the existing plant road.
ii. The Disinfection Building will be divided into four (4) rooms within the structure:
(1) Enclosed Room No. 1 – Sodium Hypochlorite Bulk Storage Tank Room: This room
will be sized to accommodate four (4) bulk storage tanks. To support a capacity of
up to 30 MGD, two (2) sodium hypochlorite bulk storage tanks will be designed as
part of this Project.
a) The remaining two (2) bulk storage tanks for this room will be required when
the plant is expanded beyond 30 MGD.
b) To accommodate flows beyond 50 MGD, a second Sodium Hypochlorite Bulk
Storage Room will need to be designed and constructed.
c) The entrance to Enclosed Room No. 1 will be near grade and the containment
will be sized to accommodate the release of up to two (2) full Sodium
Hypochlorite Bulk Tanks. The standing-seam metal roof will be designed to
accommodate the installation and future replacement of the bulk storage
tanks.
d) The intent of this enclosed room for the Sodium Hypochlorite Bulk Tanks is to
minimize the impacts of UV light and elevated temperatures and reduce the
sodium hypochlorite degradation potential.
(2) Enclosed Room No. 2 – Sodium Hypochlorite Metering Pump Room: The sodium
hypochlorite metering pumps will be housed within this room, which will be
adjacent to the Sodium Hypochlorite Bulk Storage Tank Room. The room will be
sized to accommodate the metering pumps for the RRWTP buildout capacity of
100 MGD.
(3) Enclosed Room No. 3 – LAS Metering Pump Room: The LAS metering pumps will be
housed within this room. The room will be sized to accommodate the metering
pumps for the RRWTP buildout capacity of 100 MGD.
(4) Enclosed Room No. 4 – Electrical and Programmable Logic Controller (PLC) Room:
Electrical and PLC components will be housed within this room.
iii. The LAS Containment Structure, located adjacent to the proposed Disinfection Building,
will house the LAS bulk storage tanks. This structure will be a cast-in-place concrete
structure, with walls approximately 3’-6” above finished grade.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
iv. HVAC: The following heating, ventilation, and air conditioning will be required at the
Disinfection Building:
(1) Sodium Hypochlorite Bulk Storage Tank Room (Enclosed Room No. 1) of the
Disinfection Building: Heated to maintain 50°F in the winter. The room will be air
conditioned to maintain 80°F in the summer. Continuous ventilation will be
provided. The conditioning system for Room No. 1 will be independent of the
system for Room No. 4.
(2) Sodium Hypochlorite Metering Pump Room (Enclosed Room No. 2) of the
Disinfection Building: Heated to maintain 60°F in the winter. The room will be
ventilated but not air conditioned.
(3) LAS Metering Pump Room (Enclosed Room No. 3) of the Disinfection Building:
Heated to maintain 60°F in the winter. The room will be ventilated but not air
conditioned.
(4) Electrical and PLC Room (Enclosed Room No. 4) of the Disinfection Building: Heated
to maintain 70°F in the winter. The room will be air conditioned to maintain 80°F
in the summer. The conditioning system for Room No. 4 will be independent of the
system for Room No. 1.
v. Smoke Detection System: The building will include smoke detection systems as required
by code.
vi. Fire Suppression System: The building will include fire suppression equipment as required
by code.
(1) Clean agent fire suppression in the Electrical and PLC Room, via performance-based
design.
(2) Wet pipe fire suppression in the other three (3) rooms, via performance-based
design.
vii. Plumbing Systems: Emergency shower/eyewash stations will be provided as needed to
satisfy the Project needs. FNI will include the design of a pre-packaged tepid water system
as part of the emergency eyewash/shower system.
d. Disinfection Control Strategy:
i. Sodium hypochlorite dosing will be flow-paced based on the desired chlorine dose.
ii. LAS dosing will be flow-paced based on the desired ammonia (NH3-N) dose.
2. Civil and Yard Piping Improvements
a. Chemical Injection Locations and Chemical Piping:
i. Sodium Hypochlorite Piping and Injection Points:
(1) Design new sodium hypochlorite injection piping from the sodium hypochlorite
feed room at the new Disinfection Building to the existing injection point at the
existing Transfer Pump Station. A combination of existing and proposed pipe chases
will be utilized for the pipe routing.
(2) Design a new sodium hypochlorite injection point at the outlet of the existing
Flocculation/Sedimentation Basins prior to the Intermediate Ozone Contactor
inlet. The sodium hypochlorite piping to this injection point will be run from the
sodium hypochlorite feed room at the new Disinfection Building. A combination of
existing and proposed pipe chases will be utilized for the pipe routing.
ii. LAS Piping and Injection Points:
(1) Design a new LAS injection point in the valve vault for the 60-inch butterfly valve
downstream of the existing Transfer Pump Station to increase duration of the free
chlorine disinfection zone. A new injection quill will be installed on the existing
60-inch steel filter effluent piping upstream of the connection point for the future
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ground storage tanks. The LAS piping to this injection point will be run from the LAS
feed room at the new Disinfection Building. To facilitate mixing, this LAS feed location
will utilize carrier water. A combination of existing and proposed pipe chases will be
utilized for the pipe routing.
(2) Design new LAS injection piping from the LAS feed room at the new Disinfection
Building to the existing injection point at the Transfer Pump Station. A combination
of existing and proposed pipe chases will be utilized for the pipe routing.
iii. Ferric Piping:
(1) Replace the ferric piping from the existing ferric feed system within the Chemical
Building to the ferric injection location at the existing Pumped Diffusion Vault. The
ferric pipe routing will utilize the existing chemical pipe chase.
iv. Caustic Piping:
(1) Replace the caustic piping from the existing caustic feed system within the Chemical
Building to the caustic injection location at the existing Transfer Pump Station. The
caustic pipe routing will utilize the existing chemical pipe chase.
(2) Design improvements to the caustic injection at the Transfer Pump Station to provide
improved mixing. These improvements will be limited to hydraulic mixing systems
and will not include mechanical mixers.
v. Fluoride Piping:
(1) Replace the fluoride piping from the existing fluoride feed system within the
Chemical Building to the fluoride injection location at the existing Transfer Pump
Station. The fluoride pipe routing will utilize the existing chemical pipe chase.
vi. Cationic Polymer Piping:
(1) Install new cationic polymer piping from the new cationic polymer feed system within
the Existing Chlorine and Ammonia Building to the cationic polymer injection location
at the existing Pumped Diffusion Vault. The cationic polymer pipe routing will utilize
the existing chemical pipe chase. Additional details regarding the proposed cationic
polymer system are provided below.
vii. Anionic Polymer Piping:
(1) Install new anionic polymer piping from the new anionic polymer feed system within
the Existing Chemical Building to the anionic polymer injection location at the
existing Sludge Pump Station at the Flocculation/Sedimentation Basins. The anionic
polymer pipe routing will utilize the existing chemical pipe chase. Additional details
regarding the proposed anionic polymer system are provided below.
viii. Pumped Diffusion Vault
(1) Design replacements for the flange connections for the chemical injection
assemblies.
(2) Design replacements for the injection quills at the Pumped Diffusion Vault.
b. Grading and Paving Improvements:
i. Design modifications to the existing RRWTP plant road to include a tractor trailer
offloading lane near the new Disinfection Building.
3. Existing Chlorine and Ammonia Building
a. Demolish existing chlorine gas and anhydrous ammonia storage and feed equipment.
b. Repurpose the ammonia storage and feed rooms to house the proposed polymer system.
i. One wall of the existing Ammonia Storage Room will be modified to accommodate an
overhead coiling door for the installation and future replacement of the polymer storage
tank.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ii. HVAC: The following heating, ventilation, and air conditioning will be required at the
Disinfection Building:
(1) The existing Unit Heaters in the existing Ammonia Storage Room and Ammonia
Feed Room will be replaced.
(2) The existing louvers and ventilating fans in the existing Ammonia Storage Room
and Ammonia Feed Room will be replaced.
c. New Cationic (Flocculant Aid) Polymer System
i. Design the new cationic polymer bulk storage tank to be located indoors at the existing
Chlorine and Ammonia Building within a new containment structure.
(1) The cationic polymer bulk storage tank will be sized to accommodate 6,750 gallons
to accept full chemical deliveries without the need to have the tank empty.
(2) This volume will exceed the 15-day storage requirement at a RRWTP capacity of
100 MGD and an average dose of 1.8 mg/L.
ii. Design two (2, 1 duty + 1 installed standby) new polymer blending units to be located
indoors at the existing Chlorine and Ammonia Building. These units will dose polymer
into the existing Pumped Diffusion Vault via new piping and injection quills.
4. Existing Chlorine and Ammonia Scrubber Area
a. Demolish chlorine and ammonia scrubber systems.
b. FNI will develop specifications for a decontamination and demolition Contractor to remove
the caustic, accumulated caustic sludge, and the caustic scrubber.
5. Existing Liquid Chemical Feed Area
a. Demolish the existing bulk polymer tank.
b. Demolish the existing three (3) polymer blending units.
c. New Anionic (Sludge Settling Aid) Polymer System
i. Design the new anionic polymer storage system to include a drum or intermediate bulk
container (IBC) tote containment system to house City furnished polymer drums or totes.
The storage system will be located indoors at the existing Chemical Feed Building.
ii. Design one (1 duty) new polymer blending unit to be located indoors at the existing
Chemical Feed Building. This unit will dose polymer into the existing Sludge Pump Station
at the Flocculation/Sedimentation Basins via new piping and injection quill.
6. Electrical/Instrumentation
a. Disinfection Conversion and Disinfection Building:
i. Design new electrical and instrumentation equipment required to run the sodium
hypochlorite and LAS storage/feed systems in a separate, heated and cooled room in the
new Disinfection Building.
ii. The proposed disinfection facilities located near the Transfer Pump Station will have a
480VAC, 3 phase feed from the Transfer Pump Station Electrical Room.
iii. A dedicated PLC will be designed for the sodium hypochlorite and LAS systems.
iv. The proposed disinfection PLC and components will be connected to the RRWTP network
via a fiberoptic radial between the RRWTP fiberoptic loop and the new Disinfection
Building. A fiber switch will be located in the Disinfection Building Electrical Room.
v. Design will include accommodations for security access and cameras. Contract drawings
will direct the Contractor to utilize the City’s contracted vendors.
b. Existing Chlorine and Ammonia Building:
i. A new PLC will be designed at the existing Chlorine and Ammonia Building to
accommodate the polymer system.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ii. Design will include accommodations for security access and cameras. Contract drawings
will direct the Contractor to utilize the City’s contracted vendors.
7. FNI will conduct a disinfection concentration-time (CT) study and finished water corrosivity
determination as described in the Basic Services.
Advertisement and Bid Phase:
The advertisement and RFP phase services are based on the use of the City’s standard front-end contract
documents and FNI’s technical documents. The project advertisement and RFP procedures will follow the
standard City processes and utilize the City’s Procurement and Solicitation Portal (i.e., IonWave) to post the
Project documents for advertisement. Based on the City’s standard front-end contract documents, the
competitive sealed proposal (CSP) process will be used. The Project RFP will be posted in the City’s local
media, and the City will pay the cost associated with the notice.
Construction Phase Services:
The construction phase services are based on the City’s standard front-end contract documents and FNI’s
technical documents. For this scope of services, the construction duration is assumed to be the following:
• Substantial Completion: 18 months from general Contractor’s notice to proceed.
• Final Completion: 20 months from general Contractor’s notice to proceed.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
A. PROJECT MANAGEMENT: FNI shall provide the following professional services for Project as follows:
1. Project Management:
a. Perform general administrative duties associated with the Project including progress
monitoring and monthly progress reporting, scheduling, general correspondence,
documentation, office administration, and invoicing for the scope items identified below.
Documentation shall be in accordance with any regulatory requirements for the Project.
These duties include maintaining regular contact with the City to help meet the needs of the
City in a timely manner and executing work in accordance with the work plan, budget, and
schedule.
2. Project Kick-off Workshop:
a. Conduct a project kick-off workshop with the City at the City’s facility to 1) review the scope
of services, 2) verify the City’s requirements for the Project, and 3) review and update
available data.
b. Advise the City regarding the necessity of the City providing or obtaining data or services from
others and assist the City regarding such services.
c. Deliverables:
(1). Workshop agenda.
(2). Workshop notes.
(3). Project Action Item Log.
(4). Project Decision Log.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
B. DESIGN PHASE: FNI shall provide professional services in this phase as follows:
1. Meetings and Site Visits:
a. Conduct progress video conferences, up to a maximum of two (2) meetings during the Design
Phase, in addition to the kick-off workshop and QC workshops identified below.
b. Conduct up to two (2) additional site visits by the engineering team to the RRWTP for
coordination on detailed design aspects for completion of the Project.
c. Conduct workshops with the City during the Design Phase. FNI will submit relevant drawings,
specifications, and detailed data for each review workshop two (2) weeks before the
workshop dates to allow the City adequate time for review and comment.
(1). Level I Review Workshop that includes:
(a). Drawings:
i. General sheets.
ii. Hydraulic profile.
iii. Existing site/survey.
iv. Conceptual site layout.
v. Conceptual yard piping plan.
vi. Conceptual process mechanical layouts.
vii. Process and instrumentation diagrams.
viii. Existing conceptual one-line diagrams.
(b). Specifications:
i. Table of Contents.
(c). Process Control Narratives.
(d). Opinion of Probable Construction Cost (OPCC).
(2). Level II Review Workshop that includes:
(a). Interactive model review including process mechanical, structural, architectural,
HVAC, plumbing, and electrical equipment
(3). Level III Review Workshop that includes:
(a). Drawings:
i. Mechanical plans and sections.
ii. Structural plans and sections with preliminary reinforcing.
iii. Architectural plans and details.
iv. HVAC and plumbing plans and schedules.
v. Loop diagrams, control schematics, and control narratives.
vi. Electrical preliminary plans and schedules.
vii. Piping profiles.
viii. Standard details.
(b). Specifications:
i. Major process equipment specifications.
ii. Preliminary specifications.
(c). OPCC.
(4). Level IV Review Workshop that includes:
(a). Drawings: Final review package.
(b). Specifications:
i. Front-end contract documents.
ii. Technical specifications.
(c). OPCC.
(5). All workshops will be conducted at the City’s facility.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
2. Detailed Design:
a. The design will include the design elements identified in the Detailed Design section of the
Project Understanding.
b. Perform process and hydraulic calculations consistent with design standards of the Texas
Commission on Environmental Quality (TCEQ) Chapter 290 requirements to size all treatment
elements included in the Design Phase.
c. Prepare drawings, specifications, Construction Contract Documents, designs, and layouts of
improvements to be constructed. For the purposes of scope and effort preparation, the
design is assumed to include the major items listed in the narrative and assumptions above.
If alternative design elements are chosen, then any additional engineering effort which may
be required to incorporate the alternative would be an Additional Service.
d. Plans and Specifications for any potentially occupied building will be submitted through the
City’s planning and development process for construction permitting. The City will coordinate
on obtaining all City of Denton permits for construction. The cost of the permits will be paid
by the City. Any permitting assistance provided by FNI is a Special Service.
e. Advise the City of the need for and recommend the scope of special analyses, hydraulic
model studies, etc., and the retention of special consultants beyond those identified in these
Basic Services. The cost of such services shall be paid by City and are not included in the
services performed by FNI.
f. Furnish the City, when requested, with the engineering data necessary for applications for
routine permits required by local, state, or federal authorities. Preparation of applications
and supporting documentation for government grants, Texas Water Development Board
(TWDB) or other funding, or for planning advances is an Additional Service.
g. Detailed design elements shall be developed using AutoCAD Revit software in coordination
with the City on the detailed mechanical, equipment, and structures and the development
of plan sheets for bidding purposes.
h. Submit drawings, specifications, and Construction Contract Documents to the applicable
federal, state and/or local agency(s) for approval, where required. The Project does not
include any new buildings or modifications to existing buildings that will require FNI to submit
drawings to the Texas Department of Licensing and Regulation (TDLR) for Americans with
Disabilities Act (ADA) compliance rule reviews and associated approvals.
i. This Project assumes the use of the City’s standard construction documents, including the
General Conditions. FNI will use its technical standards for plans and technical specifications.
FNI will coordinate with the City for any changes to match required specification standards
in the Supplemental Conditions and Front-End Documents. It is further assumed that the
Project will be delivered using the standard Design-Bid-Build approach.
j. Furnish such information necessary to utility companies whose facilities may be affected, or
whose services may be required, for the Project.
k. Prepare bidder’s proposal forms (project quantities) of the improvements to be constructed.
l. Provide design submittals at Level I, Level II, Level III, and Level IV design milestones.
m. Maintain a Project Action Item Log and Project Decision Log throughout the design phase and
will provide to the City as part of the meeting and workshop notes.
3. Opinions of Probable Construction Cost
a. Prepare revised opinions of probable construction cost for the Level I, Level II, Level III, and
Level IV design completion levels.
b. FNI has adopted the Association for the Advancement of Cost Engineers (AACE, now AACE
International) definitions for opinions of probable construction cost. AACE International
defines five classes of cost estimates for a project in their Recommended Practice No. 17R-97.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
The classifications are widely accepted guidelines within the cost-estimating community for
the defining levels of project maturity and expected range of accuracy for associated project
cost opinions. The classifications range from Class 5 to Class 1, for the lowest to the highest
level of project definition. The purpose of these classifications is to improve communication
among the project stakeholders involved with preparing, evaluating, and using cost opinions.
The classification definitions are summarized in Table 1.
Table 1: AACE International Cost Estimate Classification
Estimate
Class
Level of Project
Definition End-Use Expected
Accuracy Range
Class 5 0% to 2% Screening or feasibility Low: -20% to -50%
High: +30% to +50%
Class 4 1% to 15% Concept Study or
Feasibility
Low: -15% to -30%
High: +20% to +50%
Class 3 10% to 40% Budget Authorization or
Control
Low: -10% to -20%
High: +10% to +30%
Class 2 30% to 75% Control or Bid/Tender Low: -5% to -15%
High: +5% to +20%
Class 1 65% to 100% Check Estimate or
Bid/Tender
Low: -3% to -10%
High: +3% to +15%
c. In providing opinions of costs, financial analysis, economic feasibility projections, and
schedules for the Project, FNI has no control over cost or price of labor and materials;
unknown conditions of existing equipment or structures that may affect operations and
maintenance costs; competitive bidding procedures and market conditions; time or quality
of performance by third parties; quality, type, management, or direction of operation
personnel; and other economic and operational factors that may materially affect the
ultimate project cost or schedule. Therefore, FNI makes no warranty that the actual project
cost, financial aspects, economic feasibility, or schedules will not vary from FNI’s opinions,
analyses, projections, or estimates.
4. Furnish City five (5) sets of printed copies and one (1) electronic copy (.pdf format) of drawings
(printed drawing will be half-size - 11x17), specifications, and bid proposals marked “Preliminary”
for approval by City, for each design submittal as described above. (Note: The Level II submittal is
an interactive model review and will not include a printed set.) Upon final approval by the City,
FNI will provide the City one (1) half-size (11x17) and one full-size (22x34) printed sets and one
(1) electronic copy (.pdf format) of reproducible “Final” drawings and one (1) electronic copy (.pdf
format) and one (1) loose set of specifications for reproduction by the City.
5. Disinfection Concentration-Time (CT) Study and Finished Water Corrosivity Determination:
a. CT Study
(1). The relocation of the ammonia injection location downstream of the existing Transfer
Pump Station will create a new free chlorine disinfection zone.
(2). As part of the design effort, FNI will prepare a revised CT Study using the approved
Texas Commission on Environmental Quality (TCEQ) forms to account for the addition
of the free chlorine contact zone.
(3). In addition to this CT Study approach, two (2) CT Study simulations will be prepared for
the City showing the impacts in the loss of ozonation as the primary disinfectant at the
Ray Roberts WTP.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(a). One simulation will demonstrate the maximum Ray Roberts WTP capacity during
both warm and cool water seasons with no ozone and using the sodium
hypochlorite and liquid ammonium sulfate injection locations in the vicinity of
the existing Transfer Pump Station.
(b). The second simulation will be used to determine the maximum Ray Roberts WTP
capacity during both warm and cool water seasons with no ozone, utilizing an
emergency sodium hypochlorite dosing location at the existing Intermediate
Ozone Contactor, and the sodium hypochlorite and liquid ammonium sulfate
injection locations in the vicinity of the existing Transfer Pump Station.
(4). Deliverables:
(a). CT Study:
i. Draft CT Study for review and comment by the City.
ii. Final CT Study for submission to the TCEQ for review and approval.
(b). CT Study Simulations:
i. Draft, brief technical memorandum summarizing the results of the two (2)
CT Study simulations for review and comment by the City.
ii. Final, brief technical memorandum summarizing the results of the two (2)
CT Study simulations.
b. Finished Water Corrosivity Determination
(1). The TCEQ presentation New Sources, Treatment, and Evaluating Corrosivity from the
2020 Public Drinking Water Conference on August 5, 2020, provides guidance on the
corrosivity and determination of the need for corrosion control plans.
(2). Based on the presentations and discussions with the TCEQ, the conversion from gas
chlorine to liquid chlorine (sodium hypochlorite) will not trigger the TCEQ to remove
the City from reduced lead/copper monitoring. In addition, communications with the
TCEQ regarding converting from anhydrous ammonia to liquid ammonium sulfate (LAS)
will not trigger the TCEQ to remove the City from reduced lead/copper monitoring.
(3). As part of the design approach, FNI will perform corrosivity determination using the
Rothberg, Tamburini and Winsor (RTW, Tetra Tech) and Water!Pro models and
following the requirements of the TCEQ to evaluate the water corrosivity at 10°C and
25°C. The Langelier Index (LI), Ryznar Index (RI), Aggressive Index (AI), Calcium
Carbonate Precipitation Potential (CCPP), and Chloride to Sulfate Mass Ratio (CSMR)
will be calculated. Based on the results of these corrosivity indices at the defined
temperatures, FNI will provide the City with a corrosivity determination (i.e., non-
corrosive, slightly corrosive, or corrosive).
(4). The City will provide the following data:
(a). Water Quality Parameters:
i. Calcium (mg/L as Ca or mg/L as CaCO3).
ii. Chloride (mg/L).
iii. Iron (mg/L).
iv. Magnesium ion (mg/L as Mg2+).
v. Manganese (mg/L).
vi. pH (standard units).
vii. Sodium (mg/L).
viii. Sulfate (mg/L).
ix. Total Dissolved Solids (mg/L).
x. Temperature, at which pH was analyzed (°C).
xi. Temperature, at which sample was taken in the field (°C).
xii. Total alkalinity (mg/L as CaCO3).
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(b). Ray Roberts WTP Treatment Data:
i. Ray Roberts WTP Raw Water Flow
ii. Ray Roberts WTP Individual Filter Effluent Flow
iii. Caustic dose
iv. Fluoride dose
v. Chlorine dose
vi. Ammonia dose
(5). The City will provide the above listed water quality parameters on samples retrieved
by the City at the following locations:
(a). Combined filter effluent between the Filter Complex and Transfer Pump Station
prior to the addition of caustic, fluoride, chlorine, or ammonia.
(b). Transfer pump station effluent after the addition of caustic, fluoride, chorine, and
ammonia. The recommended location for this sample is at the inlet to Clearwell
No. 1 at the Ray Roberts WTP.
(6). Deliverables:
(a). Draft, brief technical memorandum summarizing the corrosivity results of the
comparison of the existing disinfection approach (chlorine gas and anhydrous
ammonia) to the modified disinfection approach (sodium hypochlorite and liquid
ammonium sulfate) for review and comment by the City.
(b). Final, brief technical memorandum based upon input from the City.
C. PROPOSAL OR NEGOTIATION PHASE: FNI shall provide professional services in this phase as follows:
1. Basis of Services
a. The City’s General Conditions for construction projects will be utilized on this Project.
Modifications to these services required by the use of other general conditions, procurement,
or contract administration procedures are an Additional Service.
b. The City agrees to include provisions in the Construction Contract Documents, Project
Manual and Plans for the Construction of the Ray Roberts Water Treatment Plant Capacity
Re-Rate and Performance Improvements, which will require the general Contractor to include
FNI and their subconsultants on this Project (1) to be listed as an additional insured on the
general Contractor’s insurance policies and to include a waiver of subrogation where
appropriate for the insurance policy and (2) to be listed as an indemnified party in the
Contractor’s indemnification provisions where the City is named as an indemnified party.
2. Assist City in Securing Proposals.
a. Issue an Invitation to Offerors to prospective contractors and vendors listed in FNI’s database
of prospective bidders and to selected plan rooms. Provide a copy of the Invitation to Offerors
for the City to use in notifying construction news publications and publishing the appropriate
legal notice in the local media. The City shall pay the cost for publications.
b. Coordinate with the City to post a notice of the Project on the City’s Procurement Website
that lists projects for which bids and proposals are being solicited.
c. Coordinate with the City to post Contract Documents on the City’s Procurement Website
designed to allow prospective bidders and offerors to download documents for review and
use in preparing a bid and proposal.
d. Plan rooms, subcontractors, suppliers, and vendors will also have access to the Contract
Documents through the City’s Procurement Website.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
e. Those downloading Construction Documents may print copies of the Contract Documents
from the downloaded files. Printed copies will not be provided to prospective bidders and
offerors by FNI.
f. These services are based on the use of the IonWave as the City’s Procurement Website. The
use of FNiManager as the procurement website is an Additional Service.
3. Pre-Proposal Conference.
a. Assist the City in conducting two (2) pre-proposal conferences for the construction project.
b. Attend the tour of the project site after the pre-proposal conferences.
c. Responses to questions at the pre-proposal conference will in the form of an addenda issued
after the conference.
d. The list of those attending the pre-proposal conference will be posted to the City’s
Procurement Website.
4. Proposal Phase Requests for Information and Addenda
a. Assist the City by responding to questions and interpreting the proposal documents.
b. Assist the City by managing the responses to questions posted on the City’s Procurement
Website.
(1). The City will respond to questions related to the procurement process.
(2). FNI will respond to questions related to the management/administration of the
construction contract, the design, and/or other technical elements of the proposal
documents.
c. FNI will provide responses to the City for posting to the City’s Procurement Website.
d. Prepare and assist the City issue addenda to the proposal documents to plan holders, if
necessary.
(1). The City will prepare addenda items related to the procurement process.
(2). FNI will prepare addenda items related to the management/administration of
construction contract, the design, and/or other technical elements of the proposal
documents.
5. Competitive Sealed Proposal Opening
a. Attend one (1) competitive sealed proposal opening.
b. Assist the City in the opening, tabulating, and analyzing the proposals received.
c. Assist the City review the proposal submittals to determine which proposals are responsive
to the Instructions to Offerors.
d. Assist the City review the offerors’ proposal packages, specifically the below-listed items, to
determine if the offeror meets the minimum qualifications outlined in the proposal
document and are considered responsive.
(1). Section 00 41 01 “Proposal Form.”
(2). Section 00 42 44 “Unit Price Proposal Form.”
(3). Offeror’s Past Experience Form.
(4). Offeror’s Organization Chart and Key Personnel Resume Form.
(5). Offeror’s Detailed Schedule and Written Plan to Achieve Substantial Completion and
Final Acceptance within the Contract Time.
(6). Offeror’s Safety Record.
(7). Section 00 43 14 “Offeror’s Bond.”
(8). Section 00 43 38 “Proposed Subcontractors Form.”
(9). Section 00 45 27 “Contractor Compliance with Worker’s Compensation Law.”
(10). Section 00 45 44 “Corporate Resolution Authorizing Signatories.”
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Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
e. Attend one (1) proposal evaluation workshop with the City to evaluate the submitted
proposals as outlined in Section 00 21 16 “Instructions to Offerors” of the Construction
Proposal Documents. The evaluation criteria include the following items:
(1). Proposal price.
(2). Quality, reputation, and ability to complete similar projects on schedule and within
budget.
(3). Offeror’s key personnel.
(4). Detailed schedule, phasing plan, and written plan to achieve Substantial and Final
Acceptance within the Contract Time.
(5). Offeror’s safety record.
f. Recommend award of contract or other appropriate actions to be taken by the City.
g. Pre-qualification of all prospective offerors and using a list of eligible offerors prior to the
competitive sealed proposal opening is an Additional Service.
6. Printed Copies and Execution of Contract Documents
a. Conforming Documents:
(1). FNI will conform the construction proposal documents for execution by incorporating
information from the selected offeror and their surety into the construction proposal
documents.
(2). Conformed plans and technical specifications will incorporate any changes from issued
addenda into the final electronic documents, and the documents will be reprinted with
the appropriate changes noted and clouded per FNI conformed and record drawing
standards.
b. Notice of Award:
(1). The City will prepare a notice of award providing direction for the execution of the
proposal/contract documents and send it to the selected offeror electronically.
(2). The City will review and confirm that the documents have been properly executed and
signed by the selected offeror and proceed with execution by the City.
(3). The City will utilize DocuSign to electronically execute documents.
c. After the documents have been fully executed and found acceptable to the City, FNI will
prepare and distribute the following copies of the documents:
(1). City:
(a). Proposal and Specification Books: Five (5).
(b). Half-size (11x17) plan sets: Four (4).
(c). Full-size (22x34) plan sets: One (1).
(d). Electronic Documents (Adobe PDF): One (1).
(2). General Contractor:
(a). Proposal and Specification Books: Five (5).
(b). Half-size (11x17) plan sets: Three (3).
(c). Full-size (22x34) plan sets: Two (2).
(d). Electronic Documents (Adobe PDF): One (1).
(3). Additional copies may be provided as an Additional Service.
D. CONSTRUCTION PHASE GENERAL REPRESENTATION: Upon completion of the bid or negotiation
phase services, FNI will proceed with the performance of construction phase general representation
services, as described below.
FNI will endeavor to protect the City in providing these services. However, it is understood that FNI
does not guarantee the Contractor’s performance, nor is FNI responsible for the supervision of the
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
Contractor’s operation and employees. FNI shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by the Contractor, or any safety
precautions and programs relating in any way to the condition of the premises, the work of the
Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person
(except its own employees or agents) at the Project site or otherwise performing any of the work of
the Project.
These services are based on the use of the City’s standard General Conditions for construction
projects and assumes award of a single construction contract for all improvements implemented.
Modifications to these services required by multiple construction contracts or by the use of other
general conditions or contract administration procedures are an Additional Service. If General
Conditions other than FNI’s standard are used, the City agrees to include provisions in the General
Conditions that require the Contractor to include FNI: (1) as an additional insured and in any waiver
of subrogation rights with respect to such liability insurance purchased and maintained by the
Contractor for the Project (except workers’ compensation and professional liability policies); and (2)
as an indemnified party in the Contractor’s indemnification provisions where the City is named as an
indemnified party.
1. Standard Forms and Procedures:
a. Prepare standard forms for use by the City, FNI, and Contractor as part of the construction
phase.
b. Prepare standard procedures based on the proposal contract documents for use by the City,
FNI, and Contractor during the construction phase.
2. Pre-Construction Conference:
a. Assist the City in conducting one (1) pre-construction conference with the Contractor.
b. The purpose of this meeting is to:
(1). Introduce the City’s staff, FNI’s staff, and the Contractor’s staff.
(2). Review the overall project and special sequencing of construction that includes
shutdowns of existing facilities and critical tie ins.
(3). Review the contract administration including communication protocols, distributing
specification and plan sets, contract times and notice to proceed, construction
schedules prepared by the Contractor pursuant to the requirements of the
construction contract, applications for payment, submittal procedures, and procedures
for changes to the contract.
(4). Review the control and management of the site including the Contractor’s
responsibility for site safety, working hours, and emergencies.
(5). Review the Contractor’s quality management responsibilities.
(6). Review commissioning, starting, and initiation of operations procedures.
c. Deliverables:
(1). Meeting Agenda.
(2). Meeting Notes and Sign In List.
(3). Project Action Item Log.
(4). Project Decision Log.
3. Communication Procedures and Monthly Updates:
a. Communication Procedures:
(1). Based on input received from the Pre-Construction Conference, FNI will establish
communication procedures with the City and Contractor.
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(2). The communication procedure will include a high-level project organization chart
showing typical communication pathways. In addition, a contact list will be prepared
for using in daily and emergency communications.
b. Monthly Updates:
(1). FNI will prepare, for the City’s use, monthly updates of the Project’s activities and
progress.
(2). These updates will include a summary of work completed by FNI and the Contractor
for the previous month; anticipated activities to be completed by FNI and the
Contractor for the upcoming month; scheduled meetings, workshops, and shutdowns;
duration of schedule utilized; construction amount spent; construction contract
changes including pending cost proposals, field orders, and change orders; and
photographs of various construction components.
4. Project Management Information Systems (PMIS):
a. The Project will utilize the City’s PMIS. Software for the PMIS is Procore.
b. Assist the City in setting up City’s PMIS for the construction phase by providing the necessary
information to the City.
c. The City’s PMIS will provide for:
(1). Monitoring the progress of the Contractor’s submittals and provide for filing and
retrieval of project documentation.
(2). Producing monthly reports indicating the status of all submittals in the review process.
(3). Review Contractor’s submittals, including requests for information, contract
modification requests, shop drawings, schedules, and other submittals in accordance
with the requirements of the construction contract documents for the Project.
(4). Monitoring the progress of the Contractor in sending and processing submittals to see
that documentation is being processed in accordance with schedules.
5. Submittals, Requests for Information, and Substitution Requests
a. Review Contractor’s submittals, including requests for information, shop drawings,
schedules, and other submittals in accordance with the requirements of the Construction
Contract Documents.
b. Review quality-related documents provided by the Contractor, such as test reports,
equipment installation reports, or other documentation required by the Construction
Contract Documents.
c. Submittals (Product Data, Shop Drawings, and Operation and Maintenance Manuals)
(1). Provide review of up to 160 submittals (product data, shop drawings, and operation
and maintenance manuals).
(2). This total number of submittals includes submittals, re-submittals, draft manuals, and
final manuals. Reviewing submittals in excess of this quantity is an Additional Service.
d. Requests for Information
(1). Interpret the drawings and specifications for the City and Contractor.
(2). Prepare responses to requests for information and clarification submitted by the
Contractor through the PMIS.
(3). Provide responses of up to 80 requests for information and clarification. Responded to
requests in excess of this quantity is an Additional Service.
e. Substitution Requests
(1). Investigations, analyses, and studies requested by the Contractor and approved by the
City for substitution of equipment and/or materials or deviations from the drawings
and specifications is an Additional Service.
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Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
6. Applications for Payment
a. Review of Applications for Payment:
(1). Based on FNI’s observations as an experienced and qualified design professional and
review of the Contractor’s payment requests and supporting documentation submitted
by the Contractor, determine the amount that FNI recommends the Contractor be paid
on monthly and final estimates, pursuant to the General Conditions of the Construction
Contract.
(2). The City inspection services team will provide the initial review of the Contractor’s
application for payment.
(3). Once the City’s inspection services team and the Contractor are in agreement, the
documentation will be submitted to FNI for review.
(4). FNI will review the documentation and submit to the City for signatures through
DocuSign.
b. Provide review for the following applications for payment:
(1). Schedule of Values: Review up to one (1) initial and one (1) resubmittal of the
Contractor’s proposed schedule of values.
(2). Payment Application: Review up to nineteen (19) payment applications.
(3). Final Payment Application: Review up to one (1) final payment application.
7. Construction Progress Meetings, Site Visits, and Workshops
a. Construction Progress Meetings:
(1). Monthly construction progress meetings will be conducted at the Project site to review
the status of construction, review the status of submittals and other documentation,
and discuss project needs and coordination.
(2). Based on the estimated construction duration, nineteen (19) monthly construction
meetings are included with this Scope of Services. The first construction meeting is
associated with the pre-construction meeting covered previously in this Scope of
Services.
(3). Meetings in excess of the specified number are an Additional Service.
(4). Deliverables:
(a). Meeting Agenda.
(b). Meeting Sign In.
(c). Submittal Log.
(d). Contract Change (Cost Proposals, Field Orders, and Change Orders) Log.
(e). Contractor-furnished Construction Schedule.
(f). Contractor-furnished Four-week Look Ahead Schedule.
b. Site Visits:
(1). Make site visits to the construction site, as distinguished from the continuous services
of a Resident Project Representative, to observe the progress and quality of work and
to attempt to determine, in general, if the work is proceeding in accordance with the
construction contract documents.
(2). These site visits will be conducted separately from the construction progress meetings
identified above.
(3). In this effort, FNI will endeavor to protect the City against defects and deficiencies in
the work of the Contractor and will report any observed deficiencies to the City.
(4). Notify the City and Contractor of non-conforming work observed during visits.
(5). The following number of site visits are included with this Scope of Services:
(a). FNI’s Project Manager/Assistant Project Manager: Nineteen (19).
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Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(b). Process Engineer: Ten (10).
(c). Electrical Engineer: Five (5).
(d). Structural Engineer: Three (3).
(e). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: Two (2).
(f). Site Civil Engineer: Two (2).
(g). Architect: Two (2).
(6). Site visits in excess of the specified number are an Additional Services.
8. Construction Contract Modifications and Claims
a. Construction Contract Modifications:
(1). Establish procedures for administering changes to the construction contract.
(2). Prepare documentation for contract modifications required to implement
modifications. Process contract modifications and negotiate with the Contractor on
behalf of the City to determine the cost and time impact of these changes.
(3). Prepare change order documentation for approved changes for execution by the City.
(4). Documentation of field orders, where construction schedule (days) and the cost to the
City is not impacted, will also be prepared.
(5). Investigations, analyses, studies, or design for substitutions of equipment or materials,
corrections of defective or deficient work of the Contractor, or other deviations from
the construction contract documents requested by the Contractor and approved by the
City are an Additional Service.
(6). Substitution of materials or equipment or design modifications requested by the City
are an Additional Service.
b. Construction Claims:
(1). Receive and evaluate notices of Contractor claims and make recommendations to the
City on the merit and value of the claim on the basis of information by the Contractor
or available in the project documentation.
(2). Endeavor to negotiate a settlement value with the Contractor on behalf of the City, if
appropriate.
(3). Providing these services to review or evaluate construction Contractor claim(s),
supported by causes not within the control of FNI, are an Additional Service.
9. Transfer of Owner Pre-selected or Pre-purchased Items
a. Assist in the transfer of and acceptance by the construction Contractor of any equipment or
materials pre-selected or pre-purchased by the City, as identified in the construction contract
documents.
10. Substantial and Final Completion Review and Site Visits
a. Substantial Review and Site Visit
(1). Conduct, in company with the City’s representative, one (1) substantial completion
review and site visit of the Project for conformance with the design concept of the
Project and general compliance with the Construction Contract Documents.
(2). Prepare a list of deficiencies to be corrected by the Contractor before the
recommendation for final payment.
(3). Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys
from the Contractor.
(4). In addition to the substantial completion review and site visit, the additional site visits
listed below are included with this Scope of Services to assist the City with questions
while the Contractor completes the deficiency list:
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Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(a). FNI’s Project Manager/Assistant Project Manager: Two (2).
(b). Process Engineer: One (1).
(c). Electrical Engineer: Two (2).
(d). Structural Engineer: One (1).
(e). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: One (1).
(f). Site Civil Engineer: One (1).
(g). Architect: One (1).
b. Final Review and Site Visit
(1). Conduct, in company with the City’s representative, one (1) final review and site visit
of the Project to determine the substantial completion deficiency list has been
completed by the Contractor.
(2). Review and provide comment on the certification of completion and the
recommendation for final payment to the Contractor.
11. Record Plans
a. Revise the construction plans in accordance with the information furnished by the
construction Contractor reflecting changes in the Project made during construction. Furnish
the City with the following copies of “Record Drawings:”
(1). Half-size (11x17) plan set on bond paper: Three (3).
(2). Full-size (22x34) plan set on pond paper: Two (2).
(3). Full size (22x34) plan set on Mylar: One (1).
(4). Electronic (Adobe PDF) plan set: One (1).
b. Additional copies may be provided as an Additional Service.
E. FULL-TIME RESIDENT PROJECT REPRESENTATION: Resident project representation during the
construction phase is not included in this Scope of Services.
ARTICLE II
SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic
Services described above, in connection with the development of the Project:
1. TOPOGRAPHIC SURVEY AND LIDAR SURVEY SERVICES
a. Topographic survey services will be coordinated by FNI and provided by a surveyor as a
subconsultant to FNI.
b. LIDAR survey services will be coordinated by FNI and provided by a LIDAR surveyor as a
subconsultant to FNI.
2. GEOTECHNICAL SERVICES:
a. Geotechnical Exploration
(1). Select appropriate locations for exploratory borings within the vicinity of the following
proposed improvements:
(a). Chemical System Improvements at the Lake Ray Roberts Water Treatment Plant:
i. The Project will include a new Disinfection Building southwest of the
existing Transfer Pump Station area and partially below grade.
ii. The Project will also include a new containment area southwest of the
existing Transfer Pump Station area and near grade.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-19
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(2). Coordinate the boring locations with the City and notify Texas 811 to locate existing
underground utilities before the commencement of the field exploration activities.
(3). FNI will subcontract with a drilling Contractor to drill the borings identified below at
the selected locations. Samples will be collected intermittently using continuous flight
auger and either tube samples or a split-spoon sampler in conjunction with the
Standard Penetration Test (SPT). Rock and rock-like materials will be tested in situ using
the Texas Cone Penetration (TCP) test or SPT, as appropriate for the material. At
completion, the boreholes will be backfilled with auger cuttings to the ground surface.
If boreholes are located within areas of pavement or sidewalks, borings will be
backfilled with a similar material to match the existing conditions. The following
borings will be conducted:
(a). Chemical System Improvements at the Ray Roberts Water Treatment Plant:
i. Four (4) borings, three (3) each to a depth of 55 feet and one (1) to 65 feet.
The borings will be located within the limits of the proposed Disinfection
Building and the containment area. The borings will include the adjacent
area of the future Disinfection Building expansion.
(4). FNI will provide an engineer or geologist, experienced in logging borings, to direct the
drilling, log the borings, and handle the samples. Visual classification of the subsurface
stratigraphy shall be provided according to the Unified Soil Classification System
(USCS).
b. Laboratory Testing
(1). Testing shall be performed on soil samples obtained from the borings. The laboratory
testing will be focused upon soil classification, subsurface moisture profile, and swell
tests, as well as soil strengths for supporting the various structures. FNI will select
samples from the exploratory borings for laboratory testing, assign tests, and review
the test results. A geotechnical testing subcontractor will perform testing.
(2). Laboratory tests will be assigned based on the specific subsurface materials
encountered during exploration. Test type and quantity may vary, but are expected to
include:
(a). Classification test (liquid and plastic limits and percent pass of the No. 200 sieve
or gradation);
(b). Moisture content;
(c). Dry unit weight;
(d). Unconfined compression test; and
(e). One-dimensional swell (restrained).
c. Engineering Analysis
(1). FNI will prepare a technical memorandum of the geotechnical investigation that will
include:
(a). Plan of borings illustrating the approximate location of each boring and scale to
which the drawing was made.
(b). A log of each boring indicating the boring number, depth of each stratum, soil
classification and description, and groundwater/seepage observations recorded
during drilling.
(c). Summary of laboratory results.
(d). General discussion of the site geology.
(e). Discussion of subsurface conditions and soil properties indicated by the field and
laboratory work, and the implications for design.
(f). Foundation and site preparation recommendations for the proposed Disinfection
Building and containment area.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-20
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
(g). General discussion of expected construction related issues.
(h). Earthwork related recommendations for use during development of the plans
and specifications.
3. CITY OF DENTON PERMITTING SUPPORT SERVICES
a. FNI will participate in the following coordination meetings:
(1). One (1) Pre-Application Meeting.
(2). One (1) Plan Review Meeting.
(3). Two (2) Review Response Coordination Meetings.
b. FNI will prepare the following items:
(1). Traffic Generation Report.
(2). Downstream Assessment.
c. Any additional permit coordination meetings or other services requested by the City to obtain
the permit are an Additional Service.
4. ADDITIONAL CONSTRUCTION SITE VISITS
a. FNI will provide the additional site visits outlined below, at the request of the City, to support
the City’s staff during the Construction Phase:
(1). FNI’s Project Manager/Assistant Project Manager: Nineteen (19).
(2). Process Engineer: Ten (10).
(3). Electrical Engineer: Two (2).
(4). Structural Engineer: One (1).
(5). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: Two (2).
(6). Site Civil Engineer: One (1).
(7). Architect: Two (2).
(8). Geotechnical Engineer/Geologist: Two (2).
5. PART-TIME PROJECT INSPECTION SUPPORT
a. The City intends to utilize City staff to provide field inspection services and represent the
City in the field.
b. In addition to these City furnished services, FNI will provide the identified staff and the
following services:
(1). Construction Manager: 180 hours (averages to 10 hours per month for 18 months).
(2). Construction Inspector: 810 hours (averages to 10 hours per week for 18 months).
c. These services will provide support to the City’s field inspection services staff and would be
available, as needed, for questions and field support during construction activities. These
services are not intended to be full-time resident project representation and will not
include any inspection services.
d. The identified FNI staff will provide input to the City’s field inspection services staff and
FNI’s project manager and assistant project manager regarding the work observed in the
field.
6. PLC FACTORY ACCEPTANCE TESTING, STARTUP AND COMMISSIONING, AND SITE ACCEPTANCE
TESTING:
a. Participate in the factory acceptance testing of the PLC hardware as well as field startup and
commissioning, including:
(1). Participating in the PLC Factory Acceptance Test (FAT) for three (3) man-days at the
panel shop.
(2). Participate in startup and commission for up to two (2) man-weeks of time on site.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-21
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
b. Participate in site acceptance testing and commissioning for up to one (1) man-week of time
on site.
7. PROCESS STARTUP AND COMMISSIONING
a. This task will only be initiated upon written authorization from the City. Should the City
elect to have FNI onsite for facility startup and commissioning of the major processes
identified below, the identified engineer will provide the following services:
(1). Witness the startup and commissioning,
(2). Provide input to the City’s field inspection staff and Contractor regarding any
necessary modifications, and
(3). Provide recommendations to the City regarding acceptance.
b. The following major process startup and commissioning items are anticipated:
(1). Sodium Hypochlorite System and Operational Changes
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
(2). Liquid Ammonium Sulfate System and Operational Changes
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
(3). Cationic and Anionic Polymer Systems and Operational Changes
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
8. UPDATE RAY ROBERTS WTP OPERATION AND MAINTENANCE MANUAL
a. Provide an updated Operations and Maintenance (O&M) Manual for the Ray Roberts WTP to
reflect changes in the operation of the Ray Roberts WTP. The O&M Manual Revisions will be
consistent with current TCEQ requirements. The O&M Manual Revisions will include the
modifications and improvements designed as part of this Project.
b. FNI will participate in one (1) quality review workshop to review updated sections of the
manual and receive input from the City.
c. FNI will prepare three (3) hard copies of the final O&M Manual Revisions in print and one (1)
copy in PDF format to the City.
9. RAY ROBERTS WTP CORROSION CONTROL STUDY AND PLAN
a. Based on the results of the corrosivity determination and at the direction of the City, FNI will
prepare an Optimal Corrosion Control Treatment Evaluation based on the TCEQ’s
Lead/Copper Program requirements and the requirements outlined in the U.S. Environmental
Protection Agency’s Optimal Corrosion Control Treatment Evaluation Technical
Recommendations.
b. The City will be responsible for all necessary water quality parameter, lead, and copper
testing, if required by the TCEQ.
c. FNI will furnish the City with five (5) hard copies and one (1) PDF copy of the draft report for
review.
d. FNI will participate in one (1) quality review workshop to review the report and receive input
from the City.
e. FNI will prepare three (3) hard copies of the final report in print and one (1) copy in PDF
format for the City.
10. PUBLIC UTILITIES BOARD AND CITY COUNCIL MEETINGS
a. Present at up to two (2) Public Utilities Board meetings.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
b. Present at up to two (2) City Council meetings.
ARTICLE III
ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special
Services described above are Additional Services. Additional Services to be performed by FNI, if authorized
by the City, are described as follows:
1. Field layouts or the furnishing of construction line and grade surveys.
2. GIS mapping services or assistance with these services.
3. Making property, boundary, and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
4. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by City.
5. Providing renderings, models, and mock-ups requested by the City.
6. Revisions to drawings, specifications, or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by the City or 2) due to other causes
not solely within the control of FNI.
7. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during construction and providing services as may be required in connection with the
replacement of such Work.
8. Investigations involving consideration of operation, maintenance and overhead expenses, and
the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required for
certification of force account construction performed by the City.
9. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
10. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment not specifically identified in Article I or Article II at any site remote to the
project or observing tests required as a result of equipment failing the initial test.
11. Conducting pilot plant studies or tests.
12. Conducting operator training, except where identified in Article I or Article II.
13. Preparing Operation and Maintenance Manuals or conducting operator training, except for
items specifically provided for in Article I or Article II.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-23
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
14. Preparing data and reports for assistance to the City in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations thereof before any regulatory agency, court, arbitration panel or
mediator.
15. Furnishing the services of a Resident Project Representative to act as the City’s on-site
representative during the Construction Phase. The Resident Project Representative will act as
directed by FNI in order to provide more extensive representation at the Project site during the
Construction Phase. Through more extensive on-site observations of the work in progress and
field checks of materials and equipment by the Resident Project Representative and assistants,
FNI shall endeavor to provide further protection for the City against defects and deficiencies in
the work. Furnishing the services of a Resident Project Representative is subject to the provisions
of Article I, F and Attachment RPR, if applicable.
16. If the City provides personnel to support the activities of the Resident Project Representative who
is FNI or FNI’s agent or employee, the duties, responsibilities and limitations of authority of such
personnel will be set forth in an Attachment attached to and made a part of this Agreement
before the services of such personnel are begun. It is understood and agreed that such personnel
will work under the direction of and be responsible to the Resident Project Representative. The
City agrees that whenever FNI informs him in writing that any such personnel provided by the
City are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
17. Furnishing Special Inspections required under chapter 17 of the International Building Code.
These Special Inspections are often continuous, requiring an inspector dedicated to inspection of
the individual work item, and they are in addition to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services
can be provided by FNI as an Additional Service.
18. Assisting the City in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution of
claims disputes with Contractor(s).
19. Performing investigations, studies, and analyses of substitutions of equipment and/or materials
or deviations from the drawings and specifications.
20. Assisting the City in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this Agreement. Such services, if any, shall be furnished by FNI
on a fee basis negotiated by the respective parties outside of and in addition to this Agreement.
21. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
22. Performing investigations, studies, and analyses of work proposed by construction contractors
to correct defective work.
23. Design, contract modifications, studies or analyses required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
24. Services required to resolve bid protests or to rebid the projects for any reason.
25. Visits to the site in excess of the number of trips included in Article I or Article II for periodic site
visits, coordination meetings, or contract completion activities.
26. Any services required as a result of default of the Contractor(s) or the failure, for any reason, of
the Contractor(s) to complete the work within the contract time.
27. Providing services after the completion of the construction phase not specifically listed in Article I
or Article II.
28. Providing basic or additional services on an accelerated time schedule. The scope of this service
includes cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the City.
29. Providing services made necessary because of unforeseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form.
30. Providing services to review or evaluate construction Contractor(s) claim(s), provided said claims
are supported by causes not within the control of FNI.
31. Providing value engineering studies or reviews of cost savings proposed by construction
Contractor(s) after bids have been submitted.
32. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
33. Providing follow-up professional services during Contractor’s warranty period, except when
specifically provided for in Article I or Article II.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-25
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ARTICLE IV
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services in accordance with the following schedule:
• Final Design Phase Ten (10) months from Notice to Proceed.
• Bid Phase Four (4) months from completion of the Final Design Phase
services.
• Construction Phase Twenty-two (22) months from the General Contractor Notice
to Proceed. Provides for two (2) months to develop record
plans after construction.
• Resident Representative Phase Not included with this Scope of Services.
If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in City
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this Agreement and in
Attachment CO.
ARTICLE V
RESPONSIBILITIES OF THE CITY: The City shall perform the following in a timely manner so as not to delay
the services of FNI:
A. The City recognizes and expects that change orders may be required to be issued during construction.
The responsibility for the costs of change orders will be determined on the basis of applicable
contractual obligations and professional liability standards. FNI will not be responsible for any change
order costs due to unforeseen site conditions, changes made by or due to the City or Contractor, or
any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this
provision creates a presumption that, or changes the professional liability standard for determining
if, FNI is liable for change order costs. It is recommended that the City budget a minimum of 5% for
new construction and a minimum of 10% for construction that includes refurbishing existing
structures.
B. Designate in writing a person to act as the City’s representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit instructions,
receive information, interpret, and define the City’s policies and decisions with respect to FNI’s
services for the Project.
C. Provide all criteria and full information as to the City’s requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which the City will require to be included in the drawings and specifications.
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
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City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
D. Assist FNI by placing at FNI’s disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this Agreement.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as the City
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay, or cause rework in, the services of FNI.
G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project
and such approvals and consents from others as may be necessary for completion of the Project.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as the City may require or FNI may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s),
such auditing service as City may require to ascertain how or for what purpose any Contractor has
used the moneys paid under the construction contract, and such inspection services as City may
require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishing and performing the work.
I. If the City designates a person to serve in the capacity of Resident Project Representative who is not
FNI or FNI’s agent or employee, the duties, responsibilities and limitations of authority of such
Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of
this Agreement before the Construction Phase of the Project begins. Said attachment shall also set
forth appropriate modifications of the Construction Phase General Representation services as
defined in Attachment SC, Article I, F, together with such adjustment of compensation as appropriate.
FNI shall not be responsible for the decisions, actions, or directions made or given by a third-party
Resident Project Representative, not for the acts or omissions of any person (except its own
employees and agents) at the Project site or otherwise performing any of the work of the Project.
J. Attend the pre-proposal conference, bid opening, preconstruction conferences, construction
progress and other job-related meetings and substantial completion inspections and final payment
inspections.
K. Give prompt written notice to FNI whenever the City observes or otherwise becomes aware of any
development that affects the scope or timing of FNI’s services, or any defect or nonconformance of
the work of any Contractor.
L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this
Agreement, or other services as required.
M. Bear all costs incidental to compliance with the requirements of this Article V.
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SC-27
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ARTICLE VI
COMPENSATION: The following is the breakdown of the proposed fees and in accordance with
Attachment CO:
TASK FEE COMPENSATION TYPE
BASIC SERVICES
A – Project Management $106,185 Lump Sum
B – Design Phase $1,133,696 Lump Sum
C – Proposal or Negotiation Phase $97,002 Lump Sum
D – Construction Phase General Representation $475,567 Lump Sum
Total Basic Services Fee $1,812,450
SPECIAL SERVICES
SS.1 – Topographic Survey and LIDAR Survey
Services
$29,652 Cost Plus Multiplier
(Time and Materials)
SS.2 – Geotechnical Services $38,039 Cost Plus Multiplier
(Time and Materials)
SS.3 – Permitting Support Services $36,803 Cost Plus Multiplier
(Time and Materials)
SS.4 – Additional Construction Phase Site Visits $48,374 Cost Plus Multiplier
(Time and Materials)
SS.5 – Part-Time Project Inspection Support $164,077 Cost Plus Multiplier
(Time and Materials)
SS.6 – PLC Factory Acceptance Testing, Startup
and Commissioning, And Site Acceptance Testing
$28,213 Cost Plus Multiplier
(Time and Materials)
SS.7 – Process Startup and Commissioning $21,319 Cost Plus Multiplier
(Time and Materials)
SS.8 – Update Ray Roberts WTP Operation and
Maintenance Manual
$24,522 Cost Plus Multiplier
(Time and Materials)
SS.9 – Ray Roberts WTP Corrosion Control Study
and Plan
$23,400 Cost Plus Multiplier
(Time and Materials)
SS.10 – Public Utilities Board and City Council
Meetings
$6,891 Cost Plus Multiplier
(Time and Materials)
Total Special Services Fee $421,290
Total Fee $2,233,740
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
SC-28
City of Denton
Ray Roberts Water Treatment Plant
Disinfection Conversion and Chemical Systems Improvements
ARTICLE VII
DESIGNATED REPRESENTATIVES: FNI and City designate the following representatives:
City ’s Designated Representative – Stephen Gay
Water Utilities Director
City of Denton
901-B Texas Street
Denton, Texas 76209
Stephen.Gay@cityofdenton.com
FNI’s Designated Representative – James Naylor, P.E., BCEE
Vice President/Principal, Water Treatment Discipline Leader
101 S. Locust St., Suite 202
Denton, Texas 76201
(214) 217-2223 | James.Naylor@freese.com
FNI’s Accounting Representative – Erin Westbrook
801 Cherry St., Suite 2800
Fort Worth, Texas 76102
(817) 735-7395 | Erin.Westbrook@freese.com
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
ATTACHMENT CO
Min Max
Professional 1 79 138
Professional 2 103 161
Professional 3 99 226
Professional 4 155 235
Professional 5 185 330
Professional 6 200 390
Construction Manager 1 98 127
Construction Manager 2 85 163
Construction Manager 3 125 154
Construction Manager 4 146 200
Construction Manager 5 181 252
Construction Manager 6 223 283
Construction Representative 1 80 81
Construction Representative 2 82 89
Construction Representative 3 94 150
Construction Representative 4 108 171
CAD Technician/Designer 1 65 136
CAD Technician/Designer 2 106 158
CAD Technician/Designer 3 138 200
Corporate Project Support 1 54 110
Corporate Project Support 2 70 175
Corporate Project Support 3 111 262
Intern / Coop 47 80
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle (hour)$75
Small Format (per copy)$0.10 $0.25 Pressure Data Logger (each)$200
Technology Charge Large Format (per sq. ft.)Water Quality Meter (per day)$100
$8.50 per hour Bond $0.25 $0.75 Microscope (each)$150
Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day)$100
Vinyl / Adhesive $1.50 $2.00 $275
Coating Inspection Kit (per day)$275
Mounting (per sq. ft.)$2.00 Flushing / Cfactor (each)$500
Binding (per binding)$0.25 Backpack Electrofisher (each)$1,000
Survey Grade Standard
Drone (per day)$200 $100
GPS (per day)$150 $50
OTHER DIRECT EXPENSES:
These ranges and/or rates will be adjusted annually in February. Last updated 2022.
330062022
Position
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15.They include outside printing and
reproduction expense,communication expense,travel, transportation and subsistence away from the FNI office.For other
miscellaneous expenses directly related to the work,including costs of laboratory analysis,test,and other work required to
be done by independent persons other than staff members,these services will be billed at a cost times a multipler of 1.15.
For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services,these services will be billed at cost
times a multiplier of 2.0.This markup approximates the cost to FNI if an FNI employee was performing the same or similar
services.
Hourly Rate
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of One Million Eight Hundred Twelve
Thousand Four Hundred Fifty Dollars ($1,812,450).
Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges, but shall not exceed Four Hundred Twenty One Thousand Two Hundred Ninety Dollars ($421,290).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services
described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding.
Additional Services shall be computed based on the following Schedule of Charges.
COMPENSATION
Ultrasonic Thickness Guage (per day)
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
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) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after 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
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
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: AA7C06C9-2E38-4DD4-9790-F3547CC19A05CIQ FORM
FREESE AND NICHOLS, INC.
11/1/2022
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: AA7C06C9-2E38-4DD4-9790-F3547CC19A05
Certificate Of Completion
Envelope Id: AA7C06C92E384DD49790F3547CC19A05 Status: Completed
Subject: Please DocuSign: City Council Contract 7574-014 RRWTP Chemical Systems Improvements Project
Source Envelope:
Document Pages: 50 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
10/28/2022 12:57:41 PM
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: 10/28/2022 1:00:34 PM
Viewed: 10/28/2022 1:00:50 PM
Signed: 10/28/2022 1:02:02 PM
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: 10/28/2022 1:02:05 PM
Viewed: 10/28/2022 1:19:26 PM
Signed: 10/28/2022 1:19:53 PM
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: 198.49.140.10
Sent: 10/28/2022 1:19:58 PM
Viewed: 10/28/2022 4:12:59 PM
Signed: 10/28/2022 4:14:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
James Naylor
james.naylor@freese.com
Principal/Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 198.211.208.110
Sent: 10/28/2022 4:14:16 PM
Viewed: 10/28/2022 4:15:09 PM
Signed: 11/1/2022 8:17:02 AM
Electronic Record and Signature Disclosure:
Accepted: 10/28/2022 4:15:09 PM
ID: 909c3fed-54a1-410f-a567-3aa559e95fe8
Signer Events Signature Timestamp
Stephen D. Gay
stephen.gay@cityofdenton.com
Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/1/2022 8:17:07 AM
Viewed: 11/1/2022 8:19:48 AM
Signed: 11/1/2022 8:32:40 AM
Electronic Record and Signature Disclosure:
Accepted: 11/1/2022 8:19:48 AM
ID: 49ecd6d1-c58b-4e25-a8a4-8aea41b1a460
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 11/1/2022 8:32:45 AM
Viewed: 12/7/2022 10:59:10 AM
Signed: 12/7/2022 11:01:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.197.40
Signed using mobile
Sent: 12/7/2022 11:01:07 AM
Viewed: 12/7/2022 12:17:26 PM
Signed: 12/7/2022 12:17:37 PM
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: 198.49.140.104
Sent: 12/7/2022 12:17:42 PM
Viewed: 12/7/2022 1:02:02 PM
Signed: 12/7/2022 1:02:50 PM
Electronic Record and Signature Disclosure:
Accepted: 12/7/2022 1:02:02 PM
ID: b3ff96a0-bc82-498f-a8bd-bdb6143de880
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
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2022 1:02:05 PM
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: 11/1/2022 8:32:44 AM
Viewed: 11/1/2022 9:49:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/7/2022 1:02:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Brown
david.brown@cityofdenton.com
PM
Security Level: Email, Account Authentication
(None)
Sent: 12/7/2022 1:02:57 PM
Electronic Record and Signature Disclosure:
Accepted: 4/10/2019 2:54:36 PM
ID: 20238ddf-ccd6-4d52-988f-8c9f3436055e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/28/2022 1:00:34 PM
Certified Delivered Security Checked 12/7/2022 1:02:02 PM
Signing Complete Security Checked 12/7/2022 1:02:50 PM
Completed Security Checked 12/7/2022 1:02:57 PM
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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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If you decide to receive notices and disclosures from us electronically, you may at any time
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electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
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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: James Naylor, Stephen D. Gay, Rosa Rios, David Brown
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
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To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
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To inform us that you no longer want to receive future notices and disclosures in electronic
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