8345 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Not Applicable
8345
Gabby Leeper
Water Supply and Hydrology Consulting Services
RFQ
DECEMBER 12, 2028
DECEMBER 12, 2023
23-2316
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 1 of 23
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
FILE 8345
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT (the “Agreement”) is made and entered into on
________________________, by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called “OWNER” and Freese and Nichols, Inc., with its corporate
office at 801 Cherry Street Suite 2800 Fort Worth, TX 76102, hereinafter called
“CONSULTANT,” acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
CONSULTANT AS INDEPENDENT CONTRACTOR
The OWNER has selected CONSULTANT on the basis of demonstrated competence and
qualifications to perform the services herein described for a fair and reasonable price pursuant to
Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the
CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER
will not assert control over the day-to-day operations of the CONSULTANT. The
CONSULTANT is customarily engaged to provide services as described herein independently
and on a nonexclusive basis in the course of its business. This Agreement does not in any way
constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby
agrees to perform the services described herein based on the skills required for the scope of work
in connection with the Project as stated in the sections to follow, with diligence and in
accordance with the highest professional standards customarily obtained for such services in the
State of Texas. The professional services set out herein are in connection with the following
described project:
The Project shall include, without limitation, Water Supply and Hydrology Consulting
Services, as described in Exhibit A, which is on file at the purchasing office and
incorporated herein (the “Project”).
ARTICLE II
SCOPE OF BASIC SERVICES
The CONSULTANT shall perform the following services in a professional manner:
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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A. The CONSULTANT shall perform all those services as necessary and as described in the
OWNER’s RFQ 8345–Water Supply and Hydrology Consulting Services, which is on
file at the purchasing office and made a part hereof as Exhibit A as if written word for
word herein.
B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is
attached hereto and made a part hereof as Exhibit B as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in individual task orders, as
described in Exhibit B, which shall be attached to this Agreement and made a part
hereof.
D. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits or task orders.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the
OWNER, which are not included in the above-described Basic Services, may be negotiated as
needed, per rates included in Exhibit C.
A. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
B. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or
by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
C. Assisting OWNER 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).
D. Assisting OWNER 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 CONSULTANT on a fee basis negotiated by the respective parties outside
of and in addition to this AGREEMENT.
E. Visits to the site in excess of the number of trips included in Exhibit B.
F. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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ARTICLE IV
TIME OF COMPLETION
CONSULTANT is authorized to commence work under this contract upon execution of this
AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt
and continuous manner, so as to not delay the completion of the Project in accordance with the
schedules as described in Exhibit B. The contract shall remain effective for a three (3) year
period with the option for two (2) additional one (1) year extensions, in the total of a five (5) year
term, acceptance by an authorized representative of the OWNER, exhaustion of authorized
funds, or termination as provided in this Agreement, whichever occurs first.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services related to this agreement.
2. “Direct Non-Labor Expense” is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit C which is attached hereto and made a
part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed $1,250,000.00.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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in Article III “Additional Services,” without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit C. Payments for additional services shall be
due and payable upon submission by the CONSULTANT and approval by the City staff,
and shall be in accordance with subsection B hereof. Statements shall not be submitted
more frequently than monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT’s
undisputed statement thereof, the amounts due the CONSULTANT will be paid interest
in accordance with the Texas Government Code 2251.025. Additionally, the
CONSULTANT may, after giving seven (7) days’ written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges. Nothing herein shall require the
OWNER to pay the late charge if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide
dispute concerning the amount due, or the invoice was not mailed to the address or in the
form as described in this Agreement. The OWNER will notify CONSULTANT of any
disputes within twenty-one (21) days of receipt of the invoice.
E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or items; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense.
In the event the OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT is
released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEMNITY AGREEMENT
THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS
THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES,
LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS
AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY
THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE,
RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE
CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES
INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR
PERFORMANCE OF THIS AGREEMENT.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain insurance in compliance with the requirements of Exhibit D which is attached hereto
and made a part of this Agreement as if written word for word herein.
ARTICLE X
ALTERNATIVE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation with each party bearing its own costs of mediation. No mediation arising
out of or relating to this Agreement, involving one party’s disagreement may include the other
party to the disagreement without the other’s approval. Mediation will not be a condition
precedent to suit.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days’ advance written notice to the other party.
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be affected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than fifteen (15) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V “Compensation.” Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSULTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants.
ARTICLE XIII
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days’ mailing:
To CONSULTANT: To OWNER:
Freese and Nichols, Inc. City of Denton
Thomas Haster, P.E. Purchasing Manager –File 8345
101 South Locust St Suite 202 901B Texas Street
Denton, TX 76201 Denton, Texas 76201
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days’ mailing.
ARTICLE XIV
ENTIRE AGREEMENT
This Agreement and related exhibits constitute the complete and final expression of this
Agreement of the parties, and is intended as a complete and exclusive statement of the terms of
their agreements, and supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as those laws may now
read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, sexual orientation, national origin or
ancestry, age, or physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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ARTICLE XIX
ASSIGNABILITY
The CONSULTANT acknowledges that this Agreement is based on the demonstrated
competence and specific qualifications of the CONSULTANT and is therefore personal as to the
CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement,
and shall not transfer any interest in this Agreement (whether by assignment, novation, or
otherwise) without the prior written consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A – RFQ 8345 – Water Supply and Hydrology Consulting Services (on file at the
purchasing office)
Exhibit B – Consultant’s Scope of Services Offer and Project Schedule
Exhibit C – Consultant’s Compensation Rate Sheet
Exhibit D – Consultant’s Insurance Requirements
What is called for by one exhibit shall be as binding as if called for by all. In the event of
an inconsistency or conflict in this Agreement and any of the provisions of the exhibits,
the inconsistency or conflict shall be resolved by giving precedence first to this
Agreement then to the exhibits in the order in which they are listed above.
B. This Agreement shall be governed by, construed, and enforced in accordance with, and
subject to, the laws of the State of Texas or federal law, where applicable, without regard
to the conflict of law principles of any jurisdiction. In the event there shall be any dispute
arising out of the terms and conditions of, or in connection with, this Agreement, the
party seeking relief shall submit such dispute to the District Courts of Denton County or
if federal diversity or subject matter jurisdiction exists, to the United States District Court
for the Eastern District of Texas-Sherman Division.
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be _Thomas Hester. However, nothing herein shall limit
CONSULTANT from using other equally qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s
disposal all available information pertinent to the Project, including previous reports, any
other data relative to the Project, and arranging for the access thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
G. 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.
ARTICLE XXII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The CONTRACTOR shall retain such books,
records, documents and other evidence pertaining to this agreement during the contract period
and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in
which case records shall be kept until all audit tasks are completed and resolved. These books,
records, documents and other evidence shall be available, within 10 business days of written
request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the OWNER similar access to those documents. All books and records
will be made available within a 50 mile radius of the City of Denton. The cost of the audit will
be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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must be borne by the CONTRACTOR which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of
the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
ARTICLE XXIV
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
Contractor 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, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (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.
ARTICLE XXV
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, Contractor certifies that Contractor’s signature provides written verification to the
City that Contractor, 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.
ARTICLE XXVI
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING CERTAIN
ENERGY COMPANIES
Contractor 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, Contractor
certifies that Contractor’s signature provides written verification to the City that Contractor:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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term of the agreement. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
ARTICLE XXVII
PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING CERTAIN
FIREARM ENTITIES AND FIREARM TRADE ASSOCIATIONS
Contractor 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,
Contractor certifies that Contractor’s signature provides written verification to the City that
Contractor: (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.
ARTICLE XXVIII
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 Contractor 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.
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City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
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ARTICLE XXIX
CERTIFICATE OF INTERESTED PARTIES ELECTRONIC FILING
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the
Government Code. The law states that the City may not enter into this contract unless the
Consultant submits a disclosure of interested parties (Form 1295) to the City at the time the
Consultant submits the signed contract. The Texas Ethics Commission has adopted rules
requiring the business entity to file Form 1295 electronically with the Commission.
Consultant will be required to furnish a Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The consultant shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/filinginfo/1295/
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject
line. (EX: Contract 1234 – Form 1295)
The OWNER must acknowledge the receipt of the filed Form 1295 not later than the 30th day
after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics
Commission’s website within seven business days.
ARTICLE XXX
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 Consultant shall complete and submit the City’s
Conflict of Interest Questionnaire.
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.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement
through its duly authorized undersigned officer on this date______________________.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
12/12/2023
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 13 of 23
CONSULTANT
BY:______________________________
AUTHORIZED SIGNATURE
Printed Name:_____________________
Title:____________________________
__________________________________
PHONE NUMBER
_________________________________
EMAIL ADDRESS
___________________________________
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
CITY MANAGER
ATTEST:
JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Senior Vice President
TH@freese.com
Thomas Haster
8179171796
201683382
Director
Water Utilities
Stephen Gay
2023-1096316
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 14 of 23
Exhibit A
RFQ 8345– Water Supply and Hydrology Consulting Services for the City of Denton
(on file in the purchasing office)
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
EXHIBIT B
A-1
City of Denton
Water Supply and Hydrology Consultfng Services
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
WATER SUPPLY AND HYDROLOGY CONSULTING SERVICES
PROJECT UNDERSTANDING
The City of Denton (City) antfcipates a high level of growth over the coming decades in both its retail and
wholesale service areas. The City is currently making plans to provide infrastructure to meet the needs
for water treatment and distributfon, and the City wants to improve its understanding and management
of its own raw water supplies and to investfgate new supply alternatfves to meet this growing demand.
This scope of work is intended to address some of these needs for professional services and to serve as a
startfng point for future services as they relate to hydrology and water supply development.
Basic Services: All services are based on current understanding and are subject to change, based on
additfonal informatfon and scoping discussions with the City.
1. Project Management:
a. General Project Management:
i. Perform general administratfve dutfes associated with the Project including
progress monitoring and monthly progress reportfng, scheduling, general
correspondence, documentatfon, office administratfon, and invoicing for the
scope items identffied below. Documentatfon shall be in accordance with any
regulatory requirements for the Project. These dutfes include maintaining
regular contact with the City to help meet the needs of the City in a tfmely
manner and executfng work in accordance with the work plan, budget, and
schedule.
b. Project Kick-off Workshop:
i. 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.
ii. Deliverables:
1. Workshop agenda.
2. Workshop notes.
3. Formal data request.
2. Water Availability:
a. Execute Texas Commission on Environmental Quality (TCEQ) Trinity River basin Water
Availability Model (WAM). Evaluate firm yields for Like Ray Roberts and Lake Lewisville as
well as interruptfble supplies. Data will be provided in monthly tfmesteps for the historic
period of record.
b. Evaluate the City’s wastewater discharge data for average and seasonal availability.
Consider availability of wastewater discharge for water supply under current permit and
contract terms, as well as unpermitted potentfal.
c. Consider the impact of water supply agreements historically in place with Dallas Water
Utflitfes (DWU) on the availability of supply.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
EXHIBIT B
A-2
City of Denton
Water Supply and Hydrology Consultfng Services
d. Meet with the City to review results of water supply analysis and discuss infrastructure
limitatfons on existfng supply.
e. Develop a spreadsheet model including raw water availability informatfon and known
raw water and treatment limitatfons to identffy the actual supply available to the City’s
service area and its wholesale customers. Consider alternatfves with and without the
DWU agreements in place.
3. Populatfon and Water Demand Projectfons
a. Coordinate with the City regarding its current populatfon projectfons. Include projectfons
for the growth of single- and multf-family residentfal connectfons.
b. Receive data from the City summarizing connectfon count and usage by type (single-
family residentfal, multf-family residentfal, commercial, instftutfonal, industrial, etc.) for
at least five years.
c. Receive data from the City identffying current and projected wholesale customer
commitments and potentfal future customers.
d. Evaluate per-capita demands for residentfal use by type (single-family and multf-family)
and identffy trends in commercial, instftutfonal, and industrial use. Assume trends in
non-populatfon-based sectors follow populatfon growth trends and project future
demands to 2080. Include current and projected wholesale demands as indicated by the
City.
e. Review water productfon data and estfmate peak week and peak day multfpliers by
month.
f. Meet with the City to review proposed projectfons and receive comments.
g. Develop final projectfons based on input from the City.
4. Operatfonal Analysis and Water Rights Accountfng
a. Receive from the City copies of existfng accountfng tools and relevant agreements with
DWU. Review and identffy opportunitfes for improvements to the tool.
b. Meet with the City to review current operatfons, needs for improvement, and FNI
suggestfons for updatfng accountfng plan.
c. Attend up to two meetfngs with the City and DWU to discuss accountfng plan
requirements.
d. Prepare draft accountfng plan for existfng surface water and reuse rights.
e. Prepare documentatfon for draft accountfng plan.
f. Meet with City to review and receive comment on accountfng plan and documentatfon
drafts.
g. Incorporate City comments into draft accountfng plan and documentatfon.
h. Assist the City in submitting draft accountfng plan and documentatfon to TCEQ for review
and approval.
i. Coordinate with TCEQ regarding draft accountfng plan and make requested revisions.
j. Submit final accountfng plan and documentatfon to TCEQ and the City.
5. Needs Analysis
a. Combine water supply and demand projectfon data into a comprehensive spreadsheet
model to compare available supplies to water demand projectfons. Spreadsheet tool will
be dynamic, consider identffied infrastructure limitatfons, and include appropriate
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
EXHIBIT B
A-3
City of Denton
Water Supply and Hydrology Consultfng Services
toggles to prepare various needs projectfons based on critfcal assumptfons. Tool will
provide monthly output of average day, peak week, and peak day demands and needs.
b. Meet with the City to discuss up to two needs scenarios for further study and
identfficatfon of water management strategies.
c. Prepare a draft summary memorandum detailing the supply, projectfon, and needs
analyses.
d. Receive comments and prepare a final memorandum.
6. Water Management Strategies
a. Develop a scoring methodology for evaluatfng quantftatfve and qualitatfve features of
water management strategies in a numerical manner. Categories may include cost,
permitting, environmental, supply diversity, tfme to implement, etc. Up to eight
categories may be considered.
b. Meet with the City to review proposed scoring methodology and incorporate comments
on draft methodology.
c. Receive informatfon from the City on findings from the on-going OneWater study to
inform analysis of strategies.
d. Water Conservatfon
i. Coordinate with the City on current water conservatfon programs included in
the City’s water conservatfon plan and the potentfal for the incorporatfon of any
additfonal strategies.
ii. Use the Texas Water Development Board (TWDB) Municipal Water Conservatfon
Planning Tool (MWCPT) to estfmate the efficacy of current and any proposed
strategies, where possible.
iii. Review data from the City regarding unaccounted for water.
iv. Identffy the potentfal savings from current and additfonal conservatfon
programs. Estfmate program costs. The MWCPT will serve as the primary source
for program costs.
v. Complete scoring matrix for water conservatfon as a potentfal strategy. Assume
up to two potentfal strategies.
e. Groundwater Development
i. Review estfmates of Modeled Available Groundwater (MAG) and historical
groundwater pumping in Denton County to identffy any groundwater availability
in the area.
ii. Consider local groundwater quality based on available literature.
iii. Prepare planning level cost estfmates for a well field to capture any potentfal
supply. The TWDB Uniform Costfng Model (UCM) will serve as the primary
source for project costs.
iv. Review the availability of groundwater transfers from other neighboring regions
and prepare a cost estfmate for a well field and the delivery of the most likely
source to the City. The TWDB Uniform Costfng Model (UCM) will serve as the
primary source for project costs.
v. Complete scoring matrix for groundwater development as a potentfal strategy.
Assume one potentfal strategy for local groundwater and one potentfal strategy
for imported groundwater.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
EXHIBIT B
A-4
City of Denton
Water Supply and Hydrology Consultfng Services
f. Additfonal Indirect Reuse
i. Coordinate with the City on the projected buildout of wastewater capacity and
consider future demand growth.
ii. Identffy potentfal supplies in excess of current reuse permits and agreements.
iii. Prepare planning level costs for expanding reuse capacity. The TWDB UCM will
serve as the primary source for project costs.
iv. Complete scoring matrix for additfonal indirect reuse as a potentfal strategy.
Assume one potentfal strategy.
g. Direct, Non-Potable Reuse
i. Use informatfon from City regarding wastewater buildout and existfng
agreements to identffy the potentfal for reclaimed water capture prior to
discharge.
ii. Coordinate with the City regarding the potentfal for expanding reuse customer
demand and any existfng cost estfmates for connectfons.
iii. Prepare planning level costs for expanding reuse capacity. The TWDB UCM will
serve as the primary source for project costs.
iv. Complete scoring matrix for additfonal direct, non-potable reuse as a potentfal
strategy. Assume one potentfal strategy.
h. Direct, Potable Reuse
i. Use informatfon from City regarding wastewater buildout and existfng
agreements to identffy the potentfal for reclaimed water capture prior to
discharge.
ii. Prepare planning level costs for developing direct, potable reuse treatment and
delivery capacity. The TWDB UCM and FNI experience will serve as the primary
sources for project costs.
iii. Complete scoring matrix for additfonal direct, non-potable reuse as a potentfal
strategy. Assume one potentfal strategy.
i. Aquifer Storage and Recovery (ASR)
i. Partfcipate in one meetfng with the City and its consultants on results of the
ongoing OneWater project as it relates to ASR opportunitfes.
ii. Identffy the availability of raw and reclaimed water supplies that may be made
available for ASR. Consider average and peak surface water treatment capacity
that may be utflized for treatment of water for ASR injectfon.
iii. Prepare a spreadsheet model to evaluate the potentfal for ASR storage and
recovery based on available water and excess seasonal treatment capacity.
iv. Prepare planning level costs for developing an ASR project in conjunctfon with
existfng and planned treatment capacity. The TWDB UCM and FNI experience
will serve as the primary sources for project costs.
v. Complete scoring matrix for ASR as a potentfal strategy. Assume one potentfal
strategy.
j. Regional Partnerships
i. Prepare planning level costs for development of regional surface water supply
projects, including the cost of transmission. The TWDB UCM will serve as the
primary source for project costs. Strategies will consist of:
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
EXHIBIT B
A-5
City of Denton
Water Supply and Hydrology Consultfng Services
1. Lake Texoma,
2. Toledo Bend Reservoir,
3. Lake Ringgold, and
4. Marvin Nichols Reservoir.
ii. Consider known opportunitfes for groundwater imports that may be shared with
other partners and develop cost of delivery to the Denton service area. The
TWDB UCM will serve as the primary source for project costs. One potentfal
strategy will be evaluated.
iii. As necessary, meet with identffied stakeholders or potentfal project partners not
otherwise identffied in this scope of work. FNI will partfcipate in up to six in-
person meetfngs to discuss current water supplies, water demand projectfons,
potentfal contract supplies, or water supply alternatfves.
iv. Complete scoring matrix for each potentfal strategy. Assume one project
concept for each potentfal strategy.
k. Purchase from Regional Provider
i. Accompany City staff to up to three meetfngs with regional raw water providers,
possibly including Dallas Water Utflitfes, North Texas Municipal Water District
and Upper Trinity Regional Water District. Discuss possible supplies for Denton
from regional providers.
ii. Develop up to two concepts to obtain supplies from regional providers and
review concepts with City.
iii. Prepare planning level costs for developing supplies from regional providers in
conjunctfon with existfng and planned treatment capacity. The TWDB UCM will
serve as the primary source for project costs.
iv. Complete scoring matrix for purchase from regional providers as a potentfal
strategy. Assume two potentfal scenarios.
l. Summarize scoring for all proposed projects for incorporatfon into potentfal project
portiolios.
m. Meet with the City to review project scoring and incorporate comments.
n. Prepare a draft summary memorandum detailing the water management strategy
analyses and scoring.
o. Receive comments and prepare a final memorandum.
7. Portiolio Development and Testfng
a. Use informatfon from the water management strategy analyses above to assemble
water management strategy portiolios for one (assumed to be the most conservatfve)
needs scenario. Assume the development of 1) low cost, 2) low risk, and 3) one currently
unspecified portiolio.
b. Meet with the City to review draft portiolios and receive and incorporate comments.
Identffy a preferred portiolio for recommendatfon.
c. Prepare a tfmeline for project development milestones in the preferred portiolio.
d. Prepare a draft summary memorandum detailing the water management strategy
portiolios.
e. Receive comments and prepare a final memorandum.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee Summary Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor Expenses
Thomas Haster Jason Afinowicz Courtney Corso Tom Gooch Nicholas McCormick Lissa Gregg James Naylor Abigail Gardner Philip Taucer Kristal Williams John Dewar
$410 $313 $167 $364 $179 $246 $311 $191 $271 $148 $3751Project Management:-$ 1.a General Project Management:12 2 14 4,508$ 1.b Project Kick-off Workshop:2 4 4 8 18 3,926$
2 Water Availability:-$
2.a
Execute Texas Commission on Environmental Quality (TCEQ) Trinity River basin Water Availability Model
(WAM). Evaluate firm yields for Like Ray Roberts and Lake Lewisville as well as interruptible supplies. Data will be provided in monthly timesteps for the historic period of record.
2 4 1 2 20 29 5,112$
2.b
Evaluate the City’s wastewater discharge data for
average and seasonal availability. Consider availability of wastewater discharge for water supply under current permit and contract terms, as well as unpermitted potential.
1 4 16 21 3,351$
2.c Consider the impact of water supply agreements historically in place with Dallas Water Utilities (DWU) on the availability of supply.
2 4 4 4 8 22 4,918$
2.d Meet with the City to review results of water supply analysis and discuss infrastructure limitations on existing supply.
4 4 8 16 3,106$
2.e
Develop a spreadsheet model including raw water
availability information and known raw water and treatment limitations to identify the actual supply available to the City's service area and its wholesale
customers. Consider alternatives with and without the DWU agreements in place.
2 4 1 2 16 25 4,520$
3.Population and Water Demand Projections -$
3.a
Coordinate with the City regarding its current population projections. Include projections for the growth of single- and multi-family residential
connections.
1 2 2 4 9 1,598$
3.b
Receive data from the City summarizing connection count and usage by type (single-family residential,
multi-family residential, commercial, institutional, industrial, etc.) for at least five years.
2 4 4 8 18 3,195$
3.c Receive data from the City identifying current and projected wholesale customer commitments and potential future customers.
1 2 2 4 9 1,598$
3.d
Evaluate per-capita demands for residential use by type (single-family and multi-family) and identify trends in commercial, institutional, and industrial use. Assume trends in non-population-based sectors follow
population growth trends and project future demands to 2080. Include current and projected wholesale demands as indicated by the City.
2 8 8 80 98 15,241$
3.e Review water production data and estimate peak week and peak day multipliers by month.1 4 4 20 29 4,659$
3.f Meet with the City to review proposed projections and receive comments.4 4 8 16 3,106$
3.g Develop final projections based on input from the City.2 8 4 40 54 8,602$
4.Operational Analysis and Water Rights Accounting -$
4.a Receive from the City copies of existing accounting
tools and relevant agreements with DWU. Review and identify opportunities for improvements to the tool.2 8 4 4 2 24 44 8,498$
4.b Meet with the City to review current operations, needs for improvement, and FNI suggestions for updating accounting plan.
4 4 2 8 18 3,598$
4.c Attend up to two meetings with the City and DWU to discuss accounting plan requirements.8 8 16 32 6,213$
4.d Prepare draft accounting plan for existing surface
water and reuse rights.8 40 4 2 8 160 222 36,998$
4.e Prepare documentation for draft accounting plan.4 12 2 40 58 9,724$
4.f Meet with City to review and receive comment on accounting plan and documentation drafts.4 4 8 16 3,106$
Total Hours Total Labor EffortPhaseTaskActivity
Total Project
Basic or Special Task Description
Special Services -$ Basic Services
1 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
Exhibit C- Consultant's Compensation Rate Sheet
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee Summary Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor Expenses
Thomas Haster Jason Afinowicz Courtney Corso Tom Gooch Nicholas McCormick Lissa Gregg James Naylor Abigail Gardner Philip Taucer Kristal Williams John Dewar
$410 $313 $167 $364 $179 $246 $311 $191 $271 $148 $375
Total Hours Total Labor EffortPhaseTaskActivity
Total Project
Basic or Special Task Description
Special Services -$ Basic Services
4.g Incorporate City comments into draft accounting plan and documentation.2 12 2 40 56 9,097$
4.h Assist the City in submitting draft accounting plan and documentation to TCEQ for review and approval.1 4 5 982$
4.i Coordinate with TCEQ regarding draft accounting plan
and make requested revisions.2 16 40 58 9,225$
4.j Submit final accounting plan and documentation to TCEQ and the City.1 2 3 648$
5.Needs Analysis -$
5.a
Combine water supply and demand projection data into a comprehensive spreadsheet model to compare available supplies to water demand projections. Spreadsheet tool will be dynamic, consider identified
infrastructure limitations, and include appropriate toggles to prepare various needs projections based on critical assumptions. Tool will provide monthly output of average day, peak week, and peak day demands and needs.
2 4 2 20 28 4,748$
5.b Meet with the City to discuss up to two needs
scenarios for further study and identification of water management strategies.4 4 8 16 3,106$
5.c Prepare a draft summary memorandum detailing the supply, projection, and needs analyses.1 4 8 24 37 6,554$
5.d Receive comments and prepare a final memorandum.1 2 8 11 1,832$
6.Water Management Strategies -$
6.a
Develop a scoring methodology for evaluating quantitative and qualitative features of water
management strategies in a numerical manner. Categories may include cost, permitting, environmental, supply diversity, time to implement, etc.
Up to eight categories may be considered.
2 4 4 24 34 5,831$
6.b Meet with the City to review proposed scoring
methodology and incorporate comments on draft methodology.4 4 8 16 3,106$
6.c Receive information from the City on findings from the
on-going OneWater study to inform analysis of strategies. 2 2 4 8 1,553$
6.d Water Conservation -$
6.d.i
Coordinate with the City on current water conservation programs included in the City’s water conservation
plan and the potential for the incorporation of any additional strategies.
2 4 4 10 2,277$
6.d.ii
Use the Texas Water Development Board (TWDB) Municipal Water Conservation Planning Tool (MWCPT) to estimate the efficacy of current and any proposed strategies, where possible.
2 4 2 4 40 52 8,473$
6.d.iii Review data from the City regarding unaccounted for water.2 4 2 4 40 52 8,473$
6.d.iv
Identify the potential savings from current and
additional conservation programs. Estimate program costs. The MWCPT will serve as the primary source for program costs.
2 4 2 4 16 28 4,919$
6.d.v Complete scoring matrix for water conservation as a potential strategy. Assume up to two potential strategies.
1 2 2 4 9 1,731$
6.e Groundwater Development -$
6.e.i
Review estimates of Modeled Available Groundwater (MAG) and historical groundwater pumping in Denton County to identify any groundwater availability in the area.
2 4 2 8 16 2,971$
6.e.ii Consider local groundwater quality based on available literature.2 2 2 4 10 2,044$
6.e.iii
Prepare planning level cost estimates for a well field to capture any potential supply. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
2 4 4 16 26 4,647$
2 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee Summary Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor Expenses
Thomas Haster Jason Afinowicz Courtney Corso Tom Gooch Nicholas McCormick Lissa Gregg James Naylor Abigail Gardner Philip Taucer Kristal Williams John Dewar
$410 $313 $167 $364 $179 $246 $311 $191 $271 $148 $375
Total Hours Total Labor EffortPhaseTaskActivity
Total Project
Basic or Special Task Description
Special Services -$ Basic Services
6.e.iv
Review the availability of groundwater transfers from other neighboring regions and prepare a cost estimate
for a well field and the delivery of the most likely source to the City. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
2 4 8 32 46 7,998$
6.e.v
Complete scoring matrix for groundwater development as a potential strategy. Assume one potential strategy for local groundwater and one potential strategy for
imported groundwater.
1 2 2 4 9 1,731$
6.f Additional Indirect Reuse -$
6.f.i Coordinate with the City on the projected buildout of
wastewater capacity and consider future demand growth.2 4 2 4 12 2,510$
6.f.ii Identify potential supplies in excess of current reuse permits and agreements.2 4 1 2 8 17 3,335$
6.f.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.2 4 2 2 16 26 4,778$
6.f.iv Complete scoring matrix for additional indirect reuse as a potential strategy. Assume one potential strategy.1 2 2 4 9 1,731$
6.g Direct, Non-Potable Reuse -$
6.g.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
2 4 2 2 4 14 3,001$
6.g.ii Coordinate with the City regarding the potential for expanding reuse customer demand and any existing cost estimates for connections.
2 4 2 4 12 2,510$
6.g.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.2 4 4 4 32 46 8,261$
6.g.iv Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.1 2 2 4 9 1,731$
6.h Direct, Potable Reuse -$
6.h.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
2 4 2 2 4 14 3,001$
6.h.ii
Prepare planning level costs for developing direct, potable reuse treatment and delivery capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
2 4 8 4 60 78 13,389$
6.h.iii Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.1 2 2 4 9 1,731$
6.i Aquifer Storage and Recovery (ASR)-$
6.i.i Participate in one meeting with the City and its consultants on results of the ongoing OneWater
project as it relates to ASR opportunities.
4 4 4 8 20 4,089$
6.i.ii
Identify the availability of raw and reclaimed water supplies that may be made available for ASR. Consider average and peak surface water treatment capacity that may be utilized for treatment of water for ASR injection.
2 4 2 2 4 14 3,001$
6.i.iii Prepare a spreadsheet model to evaluate the potential
for ASR storage and recovery based on available water and excess seasonal treatment capacity.2 4 4 32 42 7,016$
6.i.iv
Prepare planning level costs for developing an ASR project in conjunction with existing and planned treatment capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
2 4 4 2 32 44 7,638$
6.i.v Complete scoring matrix for ASR as a potential strategy. Assume one potential strategy.1 2 2 4 9 1,731$
6.j Regional Partnerships and Contracts -$
3 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee Summary Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor Expenses
Thomas Haster Jason Afinowicz Courtney Corso Tom Gooch Nicholas McCormick Lissa Gregg James Naylor Abigail Gardner Philip Taucer Kristal Williams John Dewar
$410 $313 $167 $364 $179 $246 $311 $191 $271 $148 $375
Total Hours Total Labor EffortPhaseTaskActivity
Total Project
Basic or Special Task Description
Special Services -$ Basic Services
6.j.i
Prepare planning level costs for development of regional surface water supply projects, including the
cost of transmission. The TWDB UCM will serve as the primary source for project costs. Strategies will consist of:
-$
6.j.i.1 Lake Texoma,2 4 1 8 2 24 41 7,559$ 6.j.i.2 Toledo Bend Reservoir,2 4 1 8 4 40 59 10,310$ 6.j.i.3 Lake Ringgold, and 2 4 1 8 2 24 41 7,559$ 6.j.i.4 Marvin Nichols Reservoir.2 4 1 8 4 40 59 10,310$
6.j.ii
Consider known opportunities for groundwater imports that may be shared with other partners and develop cost of delivery to the Denton service area. The TWDB UCM will serve as the primary source for project costs. One potential strategy will be evaluated.
2 4 8 2 32 48 8,379$
6.j.iii
As necessary, meet with identified stakeholders or potential project partners not otherwise identified in this scope of work. FNI will participate in up to six in-person meetings to discuss current water supplies,
water demand projections, potential contract supplies, or water supply alternatives.
24 24 24 48 120 24,531$
6.j.iv Complete scoring matrix for each potential strategy. Assume one project concept for each potential strategy.
5 10 10 20 45 8,655$
6.k Purchase from Regional Provider -$
6.k.i
Accompany City staff to up to three meetings with regional raw water providers, possibly including Dallas Water Utilities, North Texas Municipal Water District and Upper Trinity Regional Water District. Discuss
possible supplies for Denton from regional providers.
12 12 6 12 24 66 14,450$
6.k.ii Develop up to two concepts to obtain supplies from
regional providers and review concepts with City.4 8 16 40 68 12,442$
6.k.iii
Prepare planning level costs for developing supplies
from regional providers in conjunction with existing and planned treatment capacity. The TWDB UCM will serve as the primary source for project costs.
4 8 16 2 40 70 13,064$
6.k.iv Complete scoring matrix for purchase from regional providers as a potential strategy. Assume two
potential scenarios.
2 4 2 4 8 20 4,190$
6.l Summarize scoring for all proposed projects for incorporation into potential project portfolios.2 4 4 16 26 4,647$
6.m Meet with the City to review project scoring and incorporate comments.4 4 4 8 20 4,089$
6.n Prepare a draft summary memorandum detailing the water management strategy analyses and scoring.1 8 16 24 60 109 20,368$
6.o Receive comments and prepare a final memorandum.2 4 8 16 30 5,629$
7.Portfolio Development and Testing -$
7.a
Use information from the water management strategy
analyses above to assemble water management strategy portfolios for one (assumed to be the most conservative) needs scenario. Assume the development of 1) low cost, 2) low risk, and 3) one
currently unspecified portfolio.
4 8 16 32 60 11,257$
7.b Meet with the City to review draft portfolios and receive and incorporate comments. Identify a preferred portfolio for recommendation.4 4 4 8 20 4,089$
7.c Prepare a timeline for project development milestones in the preferred portfolio.2 4 8 24 38 6,813$
7.d Prepare a draft summary memorandum detailing the water management strategy portfolios.1 2 4 16 23 3,999$
7.e Receive comments and prepare a final memorandum.1 2 2 8 13 2,323$
-$
4 232 418 27 24 290 24 26 14 1,588 2 - 2,649
$ 1,640 $ 72,679 $ 69,894 $ 9,830 $ 4,293 $ 71,201 $ 7,470 $ 4,962 $ 3,789 $ 235,135 $ 749 $ - 481,641$
Total Hours / Quantity
Total Effort4 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:1.a General Project Management:1.b Project Kick-off Workshop:2 Water Availability:
2.a
Execute Texas Commission on Environmental Quality (TCEQ) Trinity River basin Water Availability Model
(WAM). Evaluate firm yields for Like Ray Roberts and Lake Lewisville as well as interruptible supplies. Data will be provided in monthly timesteps for the historic period of record.
2.b
Evaluate the City’s wastewater discharge data for
average and seasonal availability. Consider availability of wastewater discharge for water supply under current permit and contract terms, as well as unpermitted potential.
2.c Consider the impact of water supply agreements historically in place with Dallas Water Utilities (DWU) on the availability of supply.
2.d Meet with the City to review results of water supply analysis and discuss infrastructure limitations on existing supply.
2.e
Develop a spreadsheet model including raw water
availability information and known raw water and treatment limitations to identify the actual supply available to the City's service area and its wholesale
customers. Consider alternatives with and without the DWU agreements in place.
3.Population and Water Demand Projections
3.a
Coordinate with the City regarding its current population projections. Include projections for the growth of single- and multi-family residential
connections.
3.b
Receive data from the City summarizing connection count and usage by type (single-family residential,
multi-family residential, commercial, institutional, industrial, etc.) for at least five years.
3.c Receive data from the City identifying current and projected wholesale customer commitments and potential future customers.
3.d
Evaluate per-capita demands for residential use by type (single-family and multi-family) and identify trends in commercial, institutional, and industrial use. Assume trends in non-population-based sectors follow
population growth trends and project future demands to 2080. Include current and projected wholesale demands as indicated by the City.
3.e Review water production data and estimate peak week and peak day multipliers by month.
3.f Meet with the City to review proposed projections and receive comments.
3.g Develop final projections based on input from the City.
4.Operational Analysis and Water Rights Accounting
4.a Receive from the City copies of existing accounting
tools and relevant agreements with DWU. Review and identify opportunities for improvements to the tool.
4.b Meet with the City to review current operations, needs for improvement, and FNI suggestions for updating accounting plan.
4.c Attend up to two meetings with the City and DWU to discuss accounting plan requirements.
4.d Prepare draft accounting plan for existing surface
water and reuse rights.4.e Prepare documentation for draft accounting plan.
4.f Meet with City to review and receive comment on accounting plan and documentation drafts.
Phase Task Activity Basic or Special Task Description
Project Fee Summary Project Fee Summary
Expenses Subconsultants
-$ 14 119$ 18 153$
-$
29 247$
21 179$
22 187$
16 136$
25 213$
-$
9 77$
18 153$
9 77$
98 833$
29 247$
16 136$
54 459$
-$
44 374$
18 153$
32 272$
222 1,887$
58 493$
16 136$
Lg Format - Glossy/Mylar -
B&W (sq. ft.)
Other Total Expense EffortHotelB&W (sheet)Color (sheet)Binding (each)Lg Format - Bond - B&W
(sq. ft.)
Tech Charge Miles Meals
Special Services -
Total Project
Basic Services
5 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
4.g Incorporate City comments into draft accounting plan and documentation.
4.h Assist the City in submitting draft accounting plan and documentation to TCEQ for review and approval.
4.i Coordinate with TCEQ regarding draft accounting plan
and make requested revisions.
4.j Submit final accounting plan and documentation to TCEQ and the City.5.Needs Analysis
5.a
Combine water supply and demand projection data into a comprehensive spreadsheet model to compare available supplies to water demand projections. Spreadsheet tool will be dynamic, consider identified
infrastructure limitations, and include appropriate toggles to prepare various needs projections based on critical assumptions. Tool will provide monthly output of average day, peak week, and peak day demands and needs.
5.b Meet with the City to discuss up to two needs
scenarios for further study and identification of water management strategies.
5.c Prepare a draft summary memorandum detailing the supply, projection, and needs analyses.
5.d Receive comments and prepare a final memorandum.
6.Water Management Strategies
6.a
Develop a scoring methodology for evaluating quantitative and qualitative features of water
management strategies in a numerical manner. Categories may include cost, permitting, environmental, supply diversity, time to implement, etc.
Up to eight categories may be considered.
6.b Meet with the City to review proposed scoring
methodology and incorporate comments on draft methodology.
6.c Receive information from the City on findings from the
on-going OneWater study to inform analysis of strategies. 6.d Water Conservation
6.d.i
Coordinate with the City on current water conservation programs included in the City’s water conservation
plan and the potential for the incorporation of any additional strategies.
6.d.ii
Use the Texas Water Development Board (TWDB) Municipal Water Conservation Planning Tool (MWCPT) to estimate the efficacy of current and any proposed strategies, where possible.
6.d.iii Review data from the City regarding unaccounted for water.
6.d.iv
Identify the potential savings from current and
additional conservation programs. Estimate program costs. The MWCPT will serve as the primary source for program costs.
6.d.v Complete scoring matrix for water conservation as a potential strategy. Assume up to two potential strategies.6.e Groundwater Development
6.e.i
Review estimates of Modeled Available Groundwater (MAG) and historical groundwater pumping in Denton County to identify any groundwater availability in the area.
6.e.ii Consider local groundwater quality based on available literature.
6.e.iii
Prepare planning level cost estimates for a well field to capture any potential supply. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
Project Fee Summary Project Fee Summary
Expenses Subconsultants
Lg Format - Glossy/Mylar -
B&W (sq. ft.)
Other Total Expense EffortHotelB&W (sheet)Color (sheet)Binding (each)Lg Format - Bond - B&W
(sq. ft.)
Tech Charge Miles Meals
Special Services -
Total Project
Basic Services
56 476$
5 43$
58 493$
3 26$
-$
28 238$
16 136$
37 315$
11 94$
-$
34 289$
16 136$
8 68$
-$
10 85$
52 442$
52 442$
28 238$
9 77$
-$
16 136$
10 85$
26 221$
6 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
6.e.iv
Review the availability of groundwater transfers from other neighboring regions and prepare a cost estimate
for a well field and the delivery of the most likely source to the City. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
6.e.v
Complete scoring matrix for groundwater development as a potential strategy. Assume one potential strategy for local groundwater and one potential strategy for
imported groundwater.6.f Additional Indirect Reuse
6.f.i Coordinate with the City on the projected buildout of
wastewater capacity and consider future demand growth.
6.f.ii Identify potential supplies in excess of current reuse permits and agreements.
6.f.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.
6.f.iv Complete scoring matrix for additional indirect reuse as a potential strategy. Assume one potential strategy.
6.g Direct, Non-Potable Reuse
6.g.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
6.g.ii Coordinate with the City regarding the potential for expanding reuse customer demand and any existing cost estimates for connections.
6.g.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.
6.g.iv Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.6.h Direct, Potable Reuse
6.h.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
6.h.ii
Prepare planning level costs for developing direct, potable reuse treatment and delivery capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
6.h.iii Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.6.i Aquifer Storage and Recovery (ASR)
6.i.i Participate in one meeting with the City and its consultants on results of the ongoing OneWater
project as it relates to ASR opportunities.
6.i.ii
Identify the availability of raw and reclaimed water supplies that may be made available for ASR. Consider average and peak surface water treatment capacity that may be utilized for treatment of water for ASR injection.
6.i.iii Prepare a spreadsheet model to evaluate the potential
for ASR storage and recovery based on available water and excess seasonal treatment capacity.
6.i.iv
Prepare planning level costs for developing an ASR project in conjunction with existing and planned treatment capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
6.i.v Complete scoring matrix for ASR as a potential strategy. Assume one potential strategy.6.j Regional Partnerships and Contracts
Project Fee Summary Project Fee Summary
Expenses Subconsultants
Lg Format - Glossy/Mylar -
B&W (sq. ft.)
Other Total Expense EffortHotelB&W (sheet)Color (sheet)Binding (each)Lg Format - Bond - B&W
(sq. ft.)
Tech Charge Miles Meals
Special Services -
Total Project
Basic Services
46 391$
9 77$
-$
12 102$
17 145$
26 221$
9 77$
-$
14 119$
12 102$
46 391$
9 77$
-$
14 119$
78 663$
9 77$
-$
20 170$
14 119$
42 357$
44 374$
9 77$
-$
7 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
6.j.i
Prepare planning level costs for development of regional surface water supply projects, including the
cost of transmission. The TWDB UCM will serve as the primary source for project costs. Strategies will consist of:6.j.i.1 Lake Texoma,6.j.i.2 Toledo Bend Reservoir,6.j.i.3 Lake Ringgold, and6.j.i.4 Marvin Nichols Reservoir.
6.j.ii
Consider known opportunities for groundwater imports that may be shared with other partners and develop cost of delivery to the Denton service area. The TWDB UCM will serve as the primary source for project costs. One potential strategy will be evaluated.
6.j.iii
As necessary, meet with identified stakeholders or potential project partners not otherwise identified in this scope of work. FNI will participate in up to six in-person meetings to discuss current water supplies,
water demand projections, potential contract supplies, or water supply alternatives.
6.j.iv Complete scoring matrix for each potential strategy. Assume one project concept for each potential strategy.6.k Purchase from Regional Provider
6.k.i
Accompany City staff to up to three meetings with regional raw water providers, possibly including Dallas Water Utilities, North Texas Municipal Water District and Upper Trinity Regional Water District. Discuss
possible supplies for Denton from regional providers.
6.k.ii Develop up to two concepts to obtain supplies from
regional providers and review concepts with City.
6.k.iii
Prepare planning level costs for developing supplies
from regional providers in conjunction with existing and planned treatment capacity. The TWDB UCM will serve as the primary source for project costs.
6.k.iv Complete scoring matrix for purchase from regional providers as a potential strategy. Assume two
potential scenarios.
6.l Summarize scoring for all proposed projects for incorporation into potential project portfolios.
6.m Meet with the City to review project scoring and incorporate comments.
6.n Prepare a draft summary memorandum detailing the water management strategy analyses and scoring.
6.o Receive comments and prepare a final memorandum.
7.Portfolio Development and Testing
7.a
Use information from the water management strategy
analyses above to assemble water management strategy portfolios for one (assumed to be the most conservative) needs scenario. Assume the development of 1) low cost, 2) low risk, and 3) one
currently unspecified portfolio.
7.b Meet with the City to review draft portfolios and receive and incorporate comments. Identify a preferred portfolio for recommendation.
7.c Prepare a timeline for project development milestones in the preferred portfolio.
7.d Prepare a draft summary memorandum detailing the water management strategy portfolios.
7.e Receive comments and prepare a final memorandum.
Total Hours / Quantity
Total Effort
Project Fee Summary Project Fee Summary
Expenses Subconsultants
Lg Format - Glossy/Mylar -
B&W (sq. ft.)
Other Total Expense EffortHotelB&W (sheet)Color (sheet)Binding (each)Lg Format - Bond - B&W
(sq. ft.)
Tech Charge Miles Meals
Special Services -
Total Project
Basic Services
-$
41 349$ 59 502$ 41 349$ 59 502$
48 408$
120 1,020$
45 383$
-$
66 561$
68 578$
70 595$
20 170$
26 221$
20 170$
109 927$
30 255$
-$
60 510$
20 170$
38 323$
23 196$
13 111$
-$ 2,649 - - - - - - - - -
22,517$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22,517$ 8 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:1.a General Project Management:1.b Project Kick-off Workshop:2 Water Availability:
2.a
Execute Texas Commission on Environmental Quality (TCEQ) Trinity River basin Water Availability Model
(WAM). Evaluate firm yields for Like Ray Roberts and Lake Lewisville as well as interruptible supplies. Data will be provided in monthly timesteps for the historic period of record.
2.b
Evaluate the City’s wastewater discharge data for
average and seasonal availability. Consider availability of wastewater discharge for water supply under current permit and contract terms, as well as unpermitted potential.
2.c Consider the impact of water supply agreements historically in place with Dallas Water Utilities (DWU) on the availability of supply.
2.d Meet with the City to review results of water supply analysis and discuss infrastructure limitations on existing supply.
2.e
Develop a spreadsheet model including raw water
availability information and known raw water and treatment limitations to identify the actual supply available to the City's service area and its wholesale
customers. Consider alternatives with and without the DWU agreements in place.
3.Population and Water Demand Projections
3.a
Coordinate with the City regarding its current population projections. Include projections for the growth of single- and multi-family residential
connections.
3.b
Receive data from the City summarizing connection count and usage by type (single-family residential,
multi-family residential, commercial, institutional, industrial, etc.) for at least five years.
3.c Receive data from the City identifying current and projected wholesale customer commitments and potential future customers.
3.d
Evaluate per-capita demands for residential use by type (single-family and multi-family) and identify trends in commercial, institutional, and industrial use. Assume trends in non-population-based sectors follow
population growth trends and project future demands to 2080. Include current and projected wholesale demands as indicated by the City.
3.e Review water production data and estimate peak week and peak day multipliers by month.
3.f Meet with the City to review proposed projections and receive comments.
3.g Develop final projections based on input from the City.
4.Operational Analysis and Water Rights Accounting
4.a Receive from the City copies of existing accounting
tools and relevant agreements with DWU. Review and identify opportunities for improvements to the tool.
4.b Meet with the City to review current operations, needs for improvement, and FNI suggestions for updating accounting plan.
4.c Attend up to two meetings with the City and DWU to discuss accounting plan requirements.
4.d Prepare draft accounting plan for existing surface
water and reuse rights.4.e Prepare documentation for draft accounting plan.
4.f Meet with City to review and receive comment on accounting plan and documentation drafts.
Phase Task Activity Basic or Special Task Description
Project Fee Summary
Subconsultants Total
-$ -$ -$ 4,627$ -$ 4,079$
-$ -$
-$ 5,358$
-$ 3,530$
-$ 5,105$
-$ 3,242$
-$ 4,732$
-$ -$
-$ 1,674$
-$ 3,348$
-$ 1,674$
-$ 16,074$
-$ 4,905$
-$ 3,242$
-$ 9,061$
-$ -$
-$ 8,872$
-$ 3,751$
-$ 6,485$
-$ 38,885$
-$ 10,217$
-$ 3,242$
Sub Name 10 Total Sub Effort Total EffortSub Name 4 Sub Name 5 Sub Name 6 Sub Name 7 Sub Name 8 Sub Name 9Sub Name 1 Sub Name 2 Sub Name 3
Total Project
Special Services - Basic Services
9 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
4.g Incorporate City comments into draft accounting plan and documentation.
4.h Assist the City in submitting draft accounting plan and documentation to TCEQ for review and approval.
4.i Coordinate with TCEQ regarding draft accounting plan
and make requested revisions.
4.j Submit final accounting plan and documentation to TCEQ and the City.5.Needs Analysis
5.a
Combine water supply and demand projection data into a comprehensive spreadsheet model to compare available supplies to water demand projections. Spreadsheet tool will be dynamic, consider identified
infrastructure limitations, and include appropriate toggles to prepare various needs projections based on critical assumptions. Tool will provide monthly output of average day, peak week, and peak day demands and needs.
5.b Meet with the City to discuss up to two needs
scenarios for further study and identification of water management strategies.
5.c Prepare a draft summary memorandum detailing the supply, projection, and needs analyses.
5.d Receive comments and prepare a final memorandum.
6.Water Management Strategies
6.a
Develop a scoring methodology for evaluating quantitative and qualitative features of water
management strategies in a numerical manner. Categories may include cost, permitting, environmental, supply diversity, time to implement, etc.
Up to eight categories may be considered.
6.b Meet with the City to review proposed scoring
methodology and incorporate comments on draft methodology.
6.c Receive information from the City on findings from the
on-going OneWater study to inform analysis of strategies. 6.d Water Conservation
6.d.i
Coordinate with the City on current water conservation programs included in the City’s water conservation
plan and the potential for the incorporation of any additional strategies.
6.d.ii
Use the Texas Water Development Board (TWDB) Municipal Water Conservation Planning Tool (MWCPT) to estimate the efficacy of current and any proposed strategies, where possible.
6.d.iii Review data from the City regarding unaccounted for water.
6.d.iv
Identify the potential savings from current and
additional conservation programs. Estimate program costs. The MWCPT will serve as the primary source for program costs.
6.d.v Complete scoring matrix for water conservation as a potential strategy. Assume up to two potential strategies.6.e Groundwater Development
6.e.i
Review estimates of Modeled Available Groundwater (MAG) and historical groundwater pumping in Denton County to identify any groundwater availability in the area.
6.e.ii Consider local groundwater quality based on available literature.
6.e.iii
Prepare planning level cost estimates for a well field to capture any potential supply. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
Project Fee Summary
Subconsultants Total
Sub Name 10 Total Sub Effort Total EffortSub Name 4 Sub Name 5 Sub Name 6 Sub Name 7 Sub Name 8 Sub Name 9Sub Name 1 Sub Name 2 Sub Name 3
Total Project
Special Services - Basic Services
-$ 9,573$
-$ 1,025$
-$ 9,718$
-$ 673$
-$ -$
-$ 4,986$
-$ 3,242$
-$ 6,869$
-$ 1,926$
-$ -$
-$ 6,120$
-$ 3,242$
-$ 1,621$
-$ -$
-$ 2,362$
-$ 8,915$
-$ 8,915$
-$ 5,157$
-$ 1,808$
-$ -$
-$ 3,107$
-$ 2,129$
-$ 4,868$
10 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
6.e.iv
Review the availability of groundwater transfers from other neighboring regions and prepare a cost estimate
for a well field and the delivery of the most likely source to the City. The TWDB Uniform Costing Model (UCM) will serve as the primary source for project costs.
6.e.v
Complete scoring matrix for groundwater development as a potential strategy. Assume one potential strategy for local groundwater and one potential strategy for
imported groundwater.6.f Additional Indirect Reuse
6.f.i Coordinate with the City on the projected buildout of
wastewater capacity and consider future demand growth.
6.f.ii Identify potential supplies in excess of current reuse permits and agreements.
6.f.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.
6.f.iv Complete scoring matrix for additional indirect reuse as a potential strategy. Assume one potential strategy.
6.g Direct, Non-Potable Reuse
6.g.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
6.g.ii Coordinate with the City regarding the potential for expanding reuse customer demand and any existing cost estimates for connections.
6.g.iii Prepare planning level costs for expanding reuse capacity. The TWDB UCM will serve as the primary source for project costs.
6.g.iv Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.6.h Direct, Potable Reuse
6.h.i
Use information from City regarding wastewater
buildout and existing agreements to identify the potential for reclaimed water capture prior to discharge.
6.h.ii
Prepare planning level costs for developing direct, potable reuse treatment and delivery capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
6.h.iii Complete scoring matrix for additional direct, non-
potable reuse as a potential strategy. Assume one potential strategy.6.i Aquifer Storage and Recovery (ASR)
6.i.i Participate in one meeting with the City and its consultants on results of the ongoing OneWater
project as it relates to ASR opportunities.
6.i.ii
Identify the availability of raw and reclaimed water supplies that may be made available for ASR. Consider average and peak surface water treatment capacity that may be utilized for treatment of water for ASR injection.
6.i.iii Prepare a spreadsheet model to evaluate the potential
for ASR storage and recovery based on available water and excess seasonal treatment capacity.
6.i.iv
Prepare planning level costs for developing an ASR project in conjunction with existing and planned treatment capacity. The TWDB UCM and FNI experience will serve as the primary sources for project costs.
6.i.v Complete scoring matrix for ASR as a potential strategy. Assume one potential strategy.6.j Regional Partnerships and Contracts
Project Fee Summary
Subconsultants Total
Sub Name 10 Total Sub Effort Total EffortSub Name 4 Sub Name 5 Sub Name 6 Sub Name 7 Sub Name 8 Sub Name 9Sub Name 1 Sub Name 2 Sub Name 3
Total Project
Special Services - Basic Services
-$ 8,389$
-$ 1,808$
-$ -$
-$ 2,612$
-$ 3,480$
-$ 4,999$
-$ 1,808$
-$ -$
-$ 3,120$
-$ 2,612$
-$ 8,652$
-$ 1,808$
-$ -$
-$ 3,120$
-$ 14,052$
-$ 1,808$
-$ -$
-$ 4,259$
-$ 3,120$
-$ 7,373$
-$ 8,012$
-$ 1,808$
-$ -$
11 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.Project Fee SummaryWater Supply and Hydrology Consulting Services2023-10-18
Detailed Cost Breakdown
Tasks Labor
1 Project Management:
Phase Task Activity Basic or Special Task Description
6.j.i
Prepare planning level costs for development of regional surface water supply projects, including the
cost of transmission. The TWDB UCM will serve as the primary source for project costs. Strategies will consist of:6.j.i.1 Lake Texoma,6.j.i.2 Toledo Bend Reservoir,6.j.i.3 Lake Ringgold, and6.j.i.4 Marvin Nichols Reservoir.
6.j.ii
Consider known opportunities for groundwater imports that may be shared with other partners and develop cost of delivery to the Denton service area. The TWDB UCM will serve as the primary source for project costs. One potential strategy will be evaluated.
6.j.iii
As necessary, meet with identified stakeholders or potential project partners not otherwise identified in this scope of work. FNI will participate in up to six in-person meetings to discuss current water supplies,
water demand projections, potential contract supplies, or water supply alternatives.
6.j.iv Complete scoring matrix for each potential strategy. Assume one project concept for each potential strategy.6.k Purchase from Regional Provider
6.k.i
Accompany City staff to up to three meetings with regional raw water providers, possibly including Dallas Water Utilities, North Texas Municipal Water District and Upper Trinity Regional Water District. Discuss
possible supplies for Denton from regional providers.
6.k.ii Develop up to two concepts to obtain supplies from
regional providers and review concepts with City.
6.k.iii
Prepare planning level costs for developing supplies
from regional providers in conjunction with existing and planned treatment capacity. The TWDB UCM will serve as the primary source for project costs.
6.k.iv Complete scoring matrix for purchase from regional providers as a potential strategy. Assume two
potential scenarios.
6.l Summarize scoring for all proposed projects for incorporation into potential project portfolios.
6.m Meet with the City to review project scoring and incorporate comments.
6.n Prepare a draft summary memorandum detailing the water management strategy analyses and scoring.
6.o Receive comments and prepare a final memorandum.
7.Portfolio Development and Testing
7.a
Use information from the water management strategy
analyses above to assemble water management strategy portfolios for one (assumed to be the most conservative) needs scenario. Assume the development of 1) low cost, 2) low risk, and 3) one
currently unspecified portfolio.
7.b Meet with the City to review draft portfolios and receive and incorporate comments. Identify a preferred portfolio for recommendation.
7.c Prepare a timeline for project development milestones in the preferred portfolio.
7.d Prepare a draft summary memorandum detailing the water management strategy portfolios.
7.e Receive comments and prepare a final memorandum.
Total Hours / Quantity
Total Effort
Project Fee Summary
Subconsultants Total
Sub Name 10 Total Sub Effort Total EffortSub Name 4 Sub Name 5 Sub Name 6 Sub Name 7 Sub Name 8 Sub Name 9Sub Name 1 Sub Name 2 Sub Name 3
Total Project
Special Services - Basic Services
-$ -$
-$ 7,907$ -$ 10,811$ -$ 7,907$ -$ 10,811$
-$ 8,787$
-$ 25,551$
-$ 9,038$
-$ -$
-$ 15,011$
-$ 13,020$
-$ 13,659$
-$ 4,360$
-$ 4,868$
-$ 4,259$
-$ 21,295$
-$ 5,884$
-$ -$
-$ 11,767$
-$ 4,259$
-$ 7,136$
-$ 4,194$
-$ 2,434$
-$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 12 of 12 C:\Users\JDA\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CNOK8A3Y\FS_Denton_Hydrology_20231018 2023-10-19
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
ATTACHMENT CO
Min Max
Professional 1 93 162
Professional 2 119 185
Professional 3 132 291
Professional 4 152 334
Professional 5 215 373
Professional 6 235 439
Construction Manager 1 109 149
Construction Manager 2 116 185
Construction Manager 3 139 189
Construction Manager 4 165 235
Construction Manager 5 198 278
Construction Manager 6 264 327
Construction Representative 1 76 83
Construction Representative 2 96 109
Construction Representative 3 123 175
Construction Representative 4 123 175
CAD Technician/Designer 1 83 113
CAD Technician/Designer 2 99 182
CAD Technician/Designer 3 142 231
Corporate Project Support 1 70 146
Corporate Project Support 2 80 205
Corporate Project Support 3 99 301
Intern / Coop 53 90
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 2023.
330082023
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
Ultrasonic Thickness Guage (per day)
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 17 of 23
Exhibit D
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in advance
of Bid submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low bidder fails to comply strictly with the insurance
requirements, that bidder may be disqualified from award of the contract. Upon bid award, all
insurance requirements shall become contractual obligations, which the successful bidder
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon written request to the Purchasing Department, ask for
clarification of any insurance requirements at any time; however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has been submitted with the bid.
Contractor shall not commence any work or deliver any material until he or she receives
notification that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A- VII or better.
• Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 18 of 23
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability.
• Provide a Waiver of Subrogation in favor of the City of Denton, its officials,
agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of
this contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give
rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X ] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 19 of 23
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
• any auto, or
• all owned, hired and non-owned autos.
[X] Workers’ Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 20 of 23
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the work or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a “blanket” basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contract
specifications.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 21 of 23
ATTACHMENT 1
[ ] Workers’ Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 22 of 23
1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
City of Denton, Texas Contract 8345
Standard Agreement for Engineering Related Design Services
Revised Date: 9/11/18
Page 23 of 23
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor’s failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
DocuSign Envelope ID: 4B3471E9-319B-4416-97A8-E63338D88C4B
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: 4B3471E9-319B-4416-97A8-E63338D88C4B
Freese and Nichols, Inc.
Form CIQ
X
X
X
11/20/2023
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: 4B3471E9-319B-4416-97A8-E63338D88C4B
Certificate Of Completion
Envelope Id: 4B3471E9319B441697A8E63338D88C4B Status: Completed
Subject: Please DocuSign: City Council Contract 8345 Water Supply and Hydrology Consulting Services
Source Envelope:
Document Pages: 42 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Gabby Leeper
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Gabby.Leeper@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
11/13/2023 3:40:21 PM
Holder: Gabby Leeper
Gabby.Leeper@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Gabby Leeper
gabby.leeper@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 11/13/2023 3:42:44 PM
Viewed: 11/13/2023 3:45:15 PM
Signed: 11/13/2023 3:46:54 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: 198.49.140.10
Sent: 11/13/2023 3:46:57 PM
Viewed: 11/13/2023 4:06:22 PM
Signed: 11/13/2023 4:06:42 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 11/13/2023 4:06:44 PM
Viewed: 11/17/2023 6:11:47 PM
Signed: 11/17/2023 6:15:23 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Thomas Haster
TH@freese.com
Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 97.75.108.6
Sent: 11/17/2023 6:15:27 PM
Viewed: 11/20/2023 4:40:40 AM
Signed: 11/20/2023 4:57:43 AM
Electronic Record and Signature Disclosure:
Accepted: 11/20/2023 4:40:40 AM
ID: 18dba568-ad35-4aac-b1d9-dcf89996f9c4
Signer Events Signature Timestamp
Stephen Gay
Stephen.Gay@cityofdenton.com
Director
Water Utlilities
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 11/20/2023 4:57:48 AM
Viewed: 11/20/2023 8:37:21 AM
Signed: 11/20/2023 8:38:03 AM
Electronic Record and Signature Disclosure:
Accepted: 11/20/2023 8:37:21 AM
ID: f301f984-7a81-4c3a-bb01-b0443f1ce45b
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: 11/20/2023 8:38:07 AM
Viewed: 12/13/2023 8:02:59 AM
Signed: 12/13/2023 8:03:34 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: 198.49.140.10
Sent: 12/13/2023 8:03:39 AM
Viewed: 12/13/2023 8:52:06 AM
Signed: 12/13/2023 8:52:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 12/13/2023 8:52:23 AM
Viewed: 12/13/2023 10:24:56 AM
Signed: 12/13/2023 10:25:50 AM
Electronic Record and Signature Disclosure:
Accepted: 12/13/2023 10:24:56 AM
ID: e3281cfa-412d-41ed-92a8-2e1a5183d41f
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: 11/13/2023 3:46:56 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: 11/20/2023 8:38:07 AM
Viewed: 11/20/2023 3:49:22 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 12/13/2023 10:25:54 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Haley Salazar
Haley.Salazar@cityofdenton.com
haley
cod
Security Level: Email, Account Authentication
(None)
Sent: 12/13/2023 10:25:55 AM
Electronic Record and Signature Disclosure:
Accepted: 11/9/2023 11:19:24 AM
ID: 1675157b-9c7a-46fe-9d90-29cc51b8fffc
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/13/2023 3:42:44 PM
Envelope Updated Security Checked 11/20/2023 10:59:37 AM
Envelope Updated Security Checked 11/27/2023 8:57:51 AM
Certified Delivered Security Checked 12/13/2023 10:24:56 AM
Signing Complete Security Checked 12/13/2023 10:25:50 AM
Completed Security Checked 12/13/2023 10:25:55 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. 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
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
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
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
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: Thomas Haster, Stephen Gay, Jesus Salazar, Haley Salazar
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
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.