7574-029 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
Erica Garcia
7574-029
Not Applicable
PSA
RRWTP Expansion Design
OCTOBER 22, 2024
N/A
24-2084
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Freese and Nichols, Inc., with its corporate office at 101 South Locust St, Suite 202, Denton, TX 76201 and authorized to do business in Texas, ("ENGINEER"), for
a PROJECT generally described as: Ray Roberts Water Treatment Plant Expansion (the
"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $21,000,000 in the manner and in accordance with the fee schedule as set forth in Attachment A. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
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A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in Attachment A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
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C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the
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PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings.
I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed.
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J. INSURANCE (1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary,
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commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies
documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
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Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply.
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L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected
to discrimination under any activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
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ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
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facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s negligence or if ENGINEER brings such hazardous substance,
contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
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cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
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a. by the City for its convenience upon 30 days' written notice to ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
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right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER.
L. Prohibition on Contracts with Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 19
Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country.
Q. Prohibition Against Personal Interest in Contracts
No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 23-1165 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire.
R. 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
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 19
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the
Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/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 City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website within seven business days.
S. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services, Compensation, and Project Schedule These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 19
Duly executed by each party’s designated representative to be effective on _____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER Sara Hensley, City Manager
Freese and Nichols, Inc. James Naylor, PE
Full Name: ________________________
________________________________
TEXAS ETHICS COMMISSION CERTIFICATE NUMBER
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
James Naylor
10/22/2024
2024-1220441
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
ATTEST: LAUREN THODEN, CITY SECRETARY
BY: _______________________________
THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms.
_________________________ Signature _________________________
Title _________________________ Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
Water Utilities
Director Water Utilities
09/30/2024
June 24, 2024
Page 1 of 46 FNI____
OWNER____
dd,D Ed A – ENGINEERING SCOPE OF SERVICES
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
PROJECT UNDERSTANDING AND ASSUMPTIONS:
The City of Denton (Owner) desires to make improvements to the existing Ray Roberts Water Treatment
Plant (WTP) to expand the treatment capacity. The existing Ray Roberts WTP has a treatment capacity of
approximately 20 million gallons per day (MGD) and is a conventional surface water treatment plant
utilizing pre-ozone, intermediate ozone, and biologically active filters. With the continued residential,
commercial, and industrial growth experienced by the Owner, the Owner intends to expand the capacity
to approximately 40 MGD (i.e., existing 20 MGD conventional treatment plus new 20 MGD expanded
treatment). It is currently anticipated that the Ray Roberts WTP site will need to support a build-out
capacity of approximately 110 MGD. This build-out condition will be reviewed as part of the Project in the
preliminary design phase.
The expanded treatment strategy for the Ray Roberts WTP will generally include the following major
processes:
• Raw water pump station (modified, serves existing Conventional WTP and proposed Membrane
WTP),
• Pre-ozone contactor (proposed, serves proposed Membrane WTP),
• Pumped diffusion/rapid mix (proposed, serves proposed Membrane WTP),
• Flocculation and sedimentation basins with inclined plate settlers and differential head clarifiers
(proposed, serves proposed Membrane WTP),
• Low-pressure membrane filtration (proposed, serves proposed Membrane WTP),
• Intermediate ozone contactor (proposed, serves proposed Membrane WTP),
• Biologically active filtration (proposed, serves proposed Membrane WTP),
• Disinfection by sodium hypochlorite (12.5-percent solution) and liquid ammonium sulfate
(modified, serves existing Conventional WTP and proposed Membrane WTP),
• Transfer and filter backwash pump station (proposed, serves proposed Membrane WTP),
• Clearwell/potable water ground storage (expanded, serves existing Conventional WTP and
proposed Membrane WTP),
• High service pump station (modified, serves existing Conventional WTP and proposed Membrane
WTP),
• Chemical systems:
o Aluminum chlorohydrate or polyaluminum chloride storage and feed systems (proposed,
serves proposed Membrane WTP),
o Sodium hydroxide/caustic storage and feed systems (proposed, serves proposed
Membrane WTP),
o Sodium hypochlorite storage and feed (modified, serves existing Conventional WTP and
proposed Membrane WTP),
o Liquid ammonium sulfate storage and feed systems (modified, serves existing
Conventional WTP and proposed Membrane WTP),
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 2 of 46 FNI____
OWNER____
o Fluoride feed systems (modified, serves existing Conventional WTP and proposed
Membrane WTP), and
• Solids handling utilizing a solids holding tank/thickener and centrifuge dewatering process
(proposed, serves Membrane WTP).
Additional information regarding each of the major project features is provided in the attached
Memorandum of Understanding (MOU) dated April 4, 2024, and consisting of 20 pages.
Pilot Study: With the addition of low-pressure membranes, a pilot study will be required to comply with
the Texas Commission on Environmental Quality (TCEQ) requirements for innovative treatment
technologies. Freese and Nichols, Inc. (FNI) will prepare a pilot study protocol, assist the Owner with the
execution of the pilot study, and prepare a pilot report for review and approval by the TCEQ. This pilot
study will be limited to the minimum 90-day requirement established by the TCEQ.
Preliminary Design: FNI will prepare a preliminary design report (PDR) summarizing the reviewed water
quality and flow data and the basis of design for each of the major project units identified in the MOU.
This Preliminary Design phase will expedite the design for those processes where the expansion can
largely follow the concepts laid out in the original plant design and will allow for more detailed analysis in
the specific areas of the WTP that require a new expansion concept to be established, such as the inclined
plate settlers and the low-pressure membrane system.
Survey: FNI will subcontract the services of a licensed surveyor to complete a survey of the existing site
and key hydraulic structures as well as complete boundary and topographic surveying of the proposed
expansion area to develop one-foot contours. The survey will also tie in proposed bores and existing piping
tie-in locations as identified by the construction manager at risk (CMAR) subsurface utility exploration
(SUE) work.
Geotechnical: FNI will provide geotechnical services that include the development of a geotechnical
memorandum to support the design for new structures at the Ray Roberts WTP. Services will include the
drilling of bores at the existing plant site to document the subsurface conditions at new key structures as
defined in the Special Services section below. The proposed geotechnical report will include
recommendations for foundations, pavement, dewatering, excavation, shoring, fill, subgrade preparation,
and slope stability for the proposed structures.
Detailed Design: FNI will provide the following design phase services for the processes described in this
Scope of Services and the MOU, as may be adjusted based on the outcome of the preliminary design
phase. The project will be executed using Autodesk AutoCAD, Autodesk Civil 3D, and Autodesk Revit
design software for major structures. Design will include the following:
• Process mechanical design,
• Structural design,
• Electrical design,
• Instrumentation and controls design,
• SCADA design,
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 3 of 46 FNI____
OWNER____
• Architectural design,
• HVAC and plumbing design, and
• Drainage, paving, yard piping, and general site civil improvements.
Deliverables will be provided for Owner review at Level I (approximately 20-30%), Level II (approximately
50-60%), and Level III (approximately 80-90%) deliverable phases. The primary deliverable at Level I will
be the initial Revit designs of major unit processes, electrical one-line diagrams, and process and
instrumentation diagrams (P&IDs) which will be reviewed at a workshop as described in Article I. For
subsequent deliverables, a status set of drawings and specifications will be produced for review by the
Owner and the CMAR. A workshop will be conducted to collect and document all comments for inclusion
in each subsequent design milestone deliverable. The CMAR has primary responsibility to develop,
update, and maintain the cost model for all phases of the Project, with input from FNI. FNI will work with
the CMAR to review the cost model and any updates as well as to confirm the assumptions built into the
cost model are in line with the anticipated remaining design development.
Construction Manager at Risk: The Owner has selected that this Project will utilize a collaborative delivery
method including the use of a construction manager at risk (CMAR). FNI will work with the CMAR through
design and construction phases of the Project. The scope of work assumes preparation and issuance of a
maximum of five (5) guaranteed maximum price (GMP) proposal packages for this Project. A general
assumption of the scope of the proposed GMP packages is described below. Construction Contract
Document packages beyond five (5) will be an Additional Service.
• GMP Package #1: Procurement of the inclined plate settler and low-pressure membrane pilots,
constructing the pilot support facilities, and installing the pilot units.
• GMP Package #2: Procurement of long lead-time equipment and electrical components.
• GMP Package #3: Plant components not impacted by the low-pressure membrane pilot.
• GMP Package #4: Low-pressure membrane procurement documents.
• GMP Package #5: Plant components associated with the outcome of the low-pressure membrane
pilot.
The CMAR will have primary responsibility for developing and maintaining all cost and schedule models
for the Project.
Advertisement/Proposal Phase: Support the Owner and CMAR in their bidding and procurement of
equipment, materials, contracting, and subcontracting services based on the number of packages
identified above. FNI will assist the CMAR and Owner by providing an “issued for bid” (IFB) (100%) set of
documents, participating in pre-bid meetings, and responding to bidder questions.
Construction Contract Administration: FNI will provide construction contract administration services and
furnish construction management and specialty observation services as outlined in this Exhibit. The
construction duration is estimated to be thirty-eight (38) months. Resident Project Representation and
Specialty Construction Electrical Inspection services will be provided for thirty-four (34) months and 10
months, respectively. A construction duration longer than this assumption or the need for additional
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 4 of 46 FNI____
OWNER____
construction management/inspection time onsite will require additional construction contract
administration services, which may be provided as an Additional Service.
Other Services: In addition to these services, FNI will provide the following services, as outlined in this
Exhibit:
• Facility startup and commissioning;
• Operations and maintenance manual preparation;
• Operations training and support;
• United States Army Corps of Engineers coordination;
• Environmental services as required for Texas Water Development Board (TWDB) funding; and
• Funding support.
Project Assumptions: The scope of work, level of effort, budget and schedule is based on the following
assumptions. Additional efforts may be provided as an Owner directed service.
• This scope of work assumes the Project is delivered using CMAR.
• A maximum of five (5) construction contract packages will be prepared for the Owner and CMAR.
Additional packages will be provided as an Additional Service.
• The CMAR will be responsible for potholing utilities at tie-in points and critical crossings, based
on requests and directions provided by FNI as part of their subsurface utility exploration (SUE). It
is further assumed that the CMAR will be responsible for obtaining the necessary permits and
utility locates (Texas One-call) ahead of any potholing activities.
• The CMAR will be responsible for developing Division 00 Contract Documents. The CMAR must
include provisions in the Division 00 contract documents to comply with the Texas Water
Development Board (TWDB) State Water Implementation Fund for Texas (SWIFT) requirements.
FNI will review. The Owner agrees to include provisions in the General Conditions that require the
CMAR to include FNI: (1) as an additional insured and in any waiver of subrogation rights with
respect to such liability insurance purchased and maintained by the CMAR and/or Contractor for
the Project (except workers’ compensation and professional liability policies); and (2) as an
indemnified party in the Contractor’s indemnification provisions where the Owner is named as an
indemnified party.
• In performing these services, it is understood that FNI does not guarantee the CMAR’s
performance, nor is FNI responsible for the supervision of the CMAR’s operation and employees.
FNI shall not be responsible for the means, methods, techniques, sequences, or procedures of
construction selected by the CMAR, or any safety precautions and programs relating in any way
to the condition of the premises, the work of the CMAR, Contractor or any Subcontractor. FNI
shall not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
• FNI will provide a Resident Project Representative (RPR) and a Specialty Construction Electrical
Inspector during construction, but FNI will not provide a Construction Manager. The Owner will
provide a Construction Manager and inspection staff during construction.
• The CMAR will be primarily responsible for the cost model and maintenance of a design change
trend log. FNI will participate in the monitoring and review of the cost model as the design
progresses.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 5 of 46 FNI____
OWNER____
• The CMAR will be responsible for providing construction materials testing for the purposes of
Owner quality control during construction. In addition, the CMAR will be responsible for
coordinating the work of testing laboratories and inspection bureaus required for testing or
inspection of materials.
• The CMAR will provide electrical relay, power system, and arc flash studies as required by the
technical specifications. These studies will be submitted during the construction phase of the
Project.
• The Owner and/or CMAR will handle all requirements and activities associated with the City of
Denton building permit process, if required.
• Building construction will be concrete masonry units (CMU) with a split face veneer and a standing
seam metal roofing system with a hip configuration.
• The CMAR will be responsible for developing a Commissioning Plan, splitting the project into
manageable Functional and Performance Test Packages (FAPTPs), developing these packages as
described below, and submitting commissioning documentation for each FAPTP. The CMAR will
also develop the Training Schedule for the Owner’s operations and maintenance staff.
• The Owner’s water quality laboratory will be used for the pilot stud.
ARTICLE I - BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services
for the development of the Project:
A. Project Management, Quality Control, and Quality Assurance:
1. Perform daily FNI management duties associated with the Design and Construction Phase services
for the Project, including progress monitoring and monthly progress reporting, scheduling,
general correspondence, documentation, office administration, project team management,
implementation of a quality assurance (QA) and quality control (QC) program for the Project, and
invoicing for the scope items identified below. Documentation shall be in accordance with Owner
requirements for the Project. These duties include maintaining regular communication with the
Owner to help meet the needs of the Owner in a timely manner and executing work per the work
plan, budget, and schedule.
2. Project controls shall include the management of the following “living documents.” Some of these
Project controls, as indicated below, will be the responsibility of others and FNI will provide a
supporting role:
a. Comment Log – FNI will be primarily responsible for the comment log with input from the
CMAR and the Owner.
b. Decision Log – FNI will be primarily responsible for the decision log with input from the CMAR
and the Owner.
c. Action Item Log – FNI will be primarily responsible for the action item log during design with
input from the CMAR and the Owner. During construction, the CMAR will be primarily
responsible for the action item log with input from FNI and the Owner.
d. Risk Register – The CMAR will be primarily responsible for the risk register with input from FNI
and the Owner.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 6 of 46 FNI____
OWNER____
e. Cost Model – The CMAR will be primarily responsible for the cost model and maintenance of
a design change trend log. FNI will review and monitor the CMAR’s cost model as the design
progresses. The scope of work assumes the review of the cost model updates at Level I (20-
30%), Level II (50-60%), Level III (80-90%), and Issued for Bid (100%) submittal stages and
intermittently at the request of the Owner if major scope change is introduced into the
project.
3. Manage efforts of internal design team and subconsultants on the Project and perform quality
control reviews of all deliverables. Quality control reviews will include use of FNI’s disciplinary QC
checklists, provision of QC plan documentation and provision of comment/response forms for
documenting and responding to Owner comments on all submittals.
4. Prepare a Microsoft Project schedule and provide monthly updates including necessary revisions
to bring the Project back on schedule if needed. The Project schedule will not be resource loaded.
5. Utilize the Owner provided web-based document control system (DCS) (Procore). Share
documents through the DCS including all deliverables, minutes, decision logs, action items,
reports, construction submittals, and pertinent documents.
6. Prepare monthly project reporting including status report, recent activities, upcoming activities,
action items log, decisions made log, budget updates, schedule updates, and scope changes.
Prepare and submit monthly invoices.
B. Opinions of Probable Construction Cost:
1. Opinions of probable construction cost (OPCC) will be developed by the CMAR for the various
project completion levels.
2. In providing opinions of costs, financial analysis, economic feasibility projections, and schedules
for the Project, the Owner recognizes that FNI has no control over any of the following: the cost
or price of labor and materials from Contractors and suppliers; unknown conditions of existing
equipment or structures that may affect operations and maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by third parties; quality, type,
management, or direction of operation personnel; and other market, economic and operational
factors that may materially affect the ultimate project cost or schedule. Therefore, the Owner
recognizes that FNI makes no warranty or guarantee that the actual project cost, financial aspects,
economic feasibility, or schedules will not vary from FNI’s opinions, analyses, projections, or
estimates.
C. Phase 1 - Preliminary Design:
1. Meetings and Site Visits:
a. Conduct up to two (2) site visits by the engineering team to the WTP, for field evaluation and
coordination of preliminary design needs for completion of the Project.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 7 of 46 FNI____
OWNER____
b. Preliminary Control Strategy Workshop No. 1: Conduct one (1) workshop with the Owner to
discuss the control strategy for the following process areas:
i. Raw Water Pump Station.
ii. High Service Pump Station.
iii. Clearwell/Potable Water Ground Storage.
c. Preliminary Control Strategy Workshop No. 2: Conduct one (1) workshop with the Owner to
discuss the control strategy for the following process areas:
i. Pre-Ozone Contactor.
ii. Pumped Diffusion/Rapid Mix.
iii. Flocculation/Sedimentation Basins.
iv. Intermediate Ozone Contactors.
d. Preliminary Control Strategy Workshop No. 3: Conduct one (1) workshop with the Owner to
discuss the control strategy for the following process areas:
i. Membrane Feed Pump Station.
ii. Low-Pressure Membrane Filtration.
iii. Biologically Active Filtration.
iv. Transfer/Filter Backwash Pump Station.
e. Preliminary Control Strategy Workshop No. 4: Conduct one (1) workshop with the Owner to
discuss the control strategy for the following process areas:
i. Disinfection System (Ozone production and sodium hypochlorite and liquid ammonium
sulfate storage and feed).
ii. Other Chemical Systems (Coagulant and caustic storage and feed).
f. Preliminary Control Strategy Workshop No. 5: Conduct one (1) workshop with the Owner to
discuss the control strategy for the following process areas:
i. Solids Handling System.
2. Advise Owner as to the necessity of Owner’s providing or obtaining data or services from others
and assist Owner regarding any such services.
3. Data Collection and Review: Owner will provide available plant operations data, flow data,
population and growth projections, and other data listed below. FNI will review and analyze data
provided. The historical data listed below is requested for the previous five years.
a. Owner Data Request – Raw Water Quality: Microsoft Excel file containing all periodic
measurements of raw water alkalinity, aluminum, barium, bromide, bromate, calcium,
chloride, iron, magnesium, manganese, organic carbon – dissolved, organic carbon – total, pH,
silica, sodium, sulfate, total dissolved solids, total hardness, total suspended solids, turbidity,
UV254 absorbance, and water temperature for the designated period.
b. Owner Data Request – Finished Water Quality: Microsoft Excel file containing all periodic
measurements of finished water alkalinity, aluminum, barium, bromide, bromate, calcium,
chloride, iron, magnesium, manganese, organic carbon – dissolved, organic carbon – total, pH,
silica, sodium, sulfate, total dissolved solids, total hardness, total suspended solids, turbidity,
UV254 absorbance, and water temperature for the designated period.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 8 of 46 FNI____
OWNER____
c. Owner Data Request – Raw Water Flow Measurements: Microsoft Excel file containing 15-
minute increment raw water flow measurements for the treatment plant for the designated
period.
d. Owner Data Request – Finished Water Flow Measurements: Microsoft Excel file containing 15-
minute increment finished water flow measurements for the treatment plant for the
designated period.
e. Owner Data Request – Chemical Dosing: Microsoft Excel file containing 1-hour increment
chemical dosing setpoints for each chemical used at the WTP.
f. Owner Data Request – Copies of Surface Water Monthly Operating Reports (SWMORs)
containing daily operational information for the designated period.
g. Owner Data Request – Copy of current TCEQ approved concentration-time (CT) study.
h. Owner Data Request – Previous regulatory inspection reports of the treatment plant for the
designated period.
i. FNI will analyze the historical raw water data to develop raw water basis of design
concentrations.
j. FNI will review relevant Owner-provided record drawings, equipment shop drawings, and/or
O&M manuals.
4. Regulatory Compliance and Process Capacity Review:
a. Perform a desktop capacity assessment of major treatment processes for compliance with
TCEQ regulatory design criteria and redundancy guidelines. The following processes will be
included in the assessment:
i. Ozone generation.
ii. Liquid oxygen.
iii. Sodium hypochlorite (12.5-percent solution).
iv. Liquid ammonium sulfate.
5. Preliminary Design Report:
a. Evaluate results of the Data Collection and Review and Regulatory Compliance and Process
Capacity Review above and develop solutions for plant improvements and/or expansions
required to meet Project goals.
b. Prepare preliminary designs for the following processes as described in the Project
Understanding and Assumptions section of this Exhibit and the MOU:
i. Raw water pump station (existing to be modified/expanded).
ii. Pre-ozone contactor (proposed).
iii. Pumped diffusion vault/rapid mix (proposed).
iv. Flow split (proposed).
v. Flocculation/sedimentation utilizing inclined plate settlers and differential head clarifier
solids removal technology – based on the results of the inclined plate settler pilot study
(proposed).
vi. Membrane Feed Pump Station (proposed)
vii. Low-pressure membrane – based on the results of the low-pressure membrane pilot
study (proposed).
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 9 of 46 FNI____
OWNER____
viii. Intermediate ozone contactor (proposed).
ix. Biologically active filters (proposed).
x. Transfer and backwash pump station (proposed).
xi. Clearwell (proposed).
xii. High service pump station (existing to be modified/expanded).
xiii. Chemical improvements associated with the liquid oxygen storage system (existing to
be expanded), oxygen vaporizers (existing to be expanded), ozone generation (existing
to be replaced and expanded), Membrane WTP coagulant storage and feed (proposed),
Membrane WTP sodium hydroxide storage and feed (proposed), sodium hypochlorite
storage and feed (existing to be modified/expanded), and liquid ammonium sulfate
feed (existing to be modified/expanded).
xiv. Biologically active filter blowers (proposed).
xv. Main drain sump pump station (proposed).
xvi. Spent backwash equalization and recycle pump station (proposed).
xvii. Administration/Operations/Membrane building (proposed).
xviii. Membrane WTP solids handling: solids equalization/thickening and centrifuge
dewatering (proposed).
xix. Maintenance and electrical shop (proposed).
xx. Electrical improvements (existing to be modified/expanded).
xxi. Instrumentation and control improvements (existing to be modified/expanded).
xxii. Yard piping and site civil improvements (existing to be modified/expanded).
c. Review Workshops and Meetings:
i. Conduct a Draft PDR (Level I) Review Workshop - (20-30% Design Level): The Level I
review will include a single-day workshop to review the draft preliminary design report,
initial process and instrumentation diagrams, process control concepts, relevant one-
line diagrams, proposed process layouts, and specification list.
d. Deliverables:
i. Preliminary Design Report (PDR) documenting the calculations and preliminary design
of the facilities. The PDR will clearly identify the selected equipment, process flow and
instrumentation diagrams (P&ID), process control concepts, relevant one-line diagrams,
proposed process layouts and detailed sketches, cut sheets and equipment O&M
information. This will include up to 30% design-level drawings, detailed design criteria
development and outline specifications for the design phase. Provide one (1) electronic
PDF draft copy to Owner for review. Incorporate comments and provide one (1)
electronic PDF upon incorporation of review comments. The PDR will be prepared to
comply with the Texas Water Development Board (TWDB) State Water Implementation
Fund for Texas (SWIFT) requirements.
D. Construction Manager-at-Risk (CMAR) Coordination:
1. Conduct one (1) 8-hour partnering and kickoff meeting with the CMAR and Owner to review
scope, schedule, and budget; to determine any special conditions that may affect the Project; to
discuss administrative requirements of Owner; and to review Project criteria and the Owner’s
goals and expectations for the Project.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 10 of 46 FNI____
OWNER____
2. CMAR and Design Team Coordination Meetings: The FNI Design Team will attend up to forty (40)
one-hour biweekly design coordination videoconferences with the CMAR to discuss design-
related items.
3. CMAR and Owner Coordination Meetings: The FNI Design Team will attend up to twenty (20) one-
hour monthly coordination videoconferences with the CMAR and Owner to discuss the Project.
4. CMAR and Owner Funding Coordination Meetings: The FNI Design Team will attend up to two (2)
one-hour coordination videoconferences with the CMAR and Owner to discuss the funding
application prior to meeting with the TWDB’s Regional Water Project Development Team.
5. Program Evaluation Review:
a. FNI will review the evaluation of the Project and project budget prepared by the CMAR.
b. FNI will attend one (1) four-hour videoconference with the CMAR and OWNER to discuss the
CMAR program evaluation.
6. Construction Management Plan Review:
a. FNI will review the construction management plan prepared by the CMAR.
b. FNI will attend up to four (4) two-hour videoconferences with the CMAR and OWNER to
discuss the CMAR’s construction management plan and updates.
7. Project Phasing and Schedule Review:
a. FNI will review the project phase and schedule prepared by the CMAR.
b. FNI will attend up to four (4) four-hour videoconferences with the CMAR and OWNER to
discuss the CMAR’s project phasing and schedule.
8. Cost Model Review:
a. FNI will review the cost model prepared by the CMAR.
b. FNI will attend up to four (4) two-hour videoconferences with the CMAR and OWNER to
discuss the CMAR’s cost model.
9. Design Documents Reviews:
a. The CMAR will participate in design document reviews for each deliverable identified in this
Scope of Services.
b. FNI’s participation in design document review meetings are identified in the Preliminary
Design Phase and Detailed Design Phase sections of this Scope of Services.
E. Phase 2 – Final Design Services:
1. Meetings and Site Visits:
a. Conduct up to two (2) additional site visits by the engineering team to the treatment plant,
for coordination on detailed design aspects for completion of the Project.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 11 of 46 FNI____
OWNER____
b. Final Control Strategy Workshop No. 1: Conduct one (1) workshop with the Owner to discuss
the final control strategy for the following process areas:
i. Raw Water Pump Station
ii. High Service Pump Station
iii. Clearwell/Potable Water Ground Storage
iv. Pre-Ozone Contactor
v. Pumped Diffusion/Rapid Mix
vi. Flocculation/Sedimentation Basins
vii. Intermediate Ozone Contactors
viii. Solids Handling System
c. Final Control Strategy Workshop No. 2: Conduct one (1) workshop with the Owner to discuss
the final control strategy for the following process areas:
i. Membrane Feed Pump Station
ii. Low-Pressure Membrane Filtration
iii. Biologically Active Filtration
iv. Transfer/Filter Backwash Pump Station
v. Disinfection System (Ozone production and sodium hypochlorite and liquid ammonium
sulfate storage and feed)
vi. Other Chemical Systems (Coagulant and caustic storage and feed)
d. SCADA and Security Requirements Workshops: Conduct up to two (2) 2-hour
videoconference calls with the Owner to discuss SCADA and security requirements that will
be included in the specifications.
2. Detailed design elements shall be developed using Autodesk AutoCAD, Autodesk Civil 3D, and
Autodesk Revit BIM software for modeling the plant arrangement, coordinating with the Owner
on the detailed mechanical, equipment, and structures, and for the development of plan sheets
for bidding purposes. As such, some reviews will include 3D BIM Model reviews, and some will
incorporate traditional 2D plan reviews. Proposed review workshops and milestones are listed
below.
3. Plant Hydraulics:
a. Existing Ray Roberts Conventional WTP Main Liquids Process: Develop a desktop hydraulic
evaluation of the main liquids process flow from Raw Water Pump Station to the High Service
Pump Station to validate the plant hydraulics and identify hydraulic bottlenecks. The flow
scenarios for this hydraulic evaluation will be limited to the minimum, average, and maximum
anticipated liquid process flows for the existing Ray Roberts Conventional WTP. This desktop
evaluation will utilize FNI’s standard Excel-based model.
b. Ray Roberts Membrane WTP Main Liquids Process: Develop a desktop hydraulic evaluation of
the main liquids process flow from the Membrane WTP Pre-Ozone Contactor to the High
Service Pump Station to inform the design of the process units. The flow scenarios for this
hydraulic evaluation will be limited to the minimum, average, and maximum anticipated liquid
process flows from the proposed Ray Roberts Membrane WTP. In addition, the ultimate
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 12 of 46 FNI____
OWNER____
buildout capacity will be analyzed. This desktop evaluation will utilize FNI’s standard Excel-
based model.
c. Raw Water Supply and Flow Split Hydraulics: Develop a desktop hydraulic evaluation of the
raw water supply from the Lake Ray Roberts Intake, through the Raw Water Pump Station and
to the Ray Roberts WTP. This desktop evaluation will include proposed modifications and flow
control scenarios to split the flow between the existing Ray Roberts Conventional WTP and
the proposed Ray Roberts Membrane WTP. The flow scenarios for this hydraulic evaluation
will include the minimum, average, and maximum anticipated liquid flows for the existing Ray
Roberts Conventional WTP and the proposed Ray Roberts Membrane WTP as well as the
ultimate buildout of the Ray Roberts Membrane WTP. This desktop evaluation will utilize FNI’s
standard Excel-based model.
d. Ray Roberts Membrane WTP Solids Process: Develop a desktop hydraulic evaluation of the
solids flow from the proposed Flocculation/Sedimentation Basins to the proposed solids
handling system. The flow scenarios for this hydraulic evaluation will include the minimum,
average, and maximum anticipated solid process flows for the proposed Ray Roberts
Membrane WTP and the ultimate buildout of the Ray Roberts Membrane WTP. This desktop
evaluation will utilize FNI’s standard Excel-based model. The solids associated with the Ray
Roberts Conventional WTP are not included in this evaluation; however, they may be included
as an Additional Service.
4. Prepare BIM models, drawings, specifications, Construction Contract Documents, designs, and
layouts of improvements to be constructed for each milestone submittal described below and for
the final construction contract documents. For the purposes of design planning, the alternative is
assumed to include the major items listed in the narrative and as identified in the findings of the
Preliminary Design Phase listed above. If a process other than the recommended alternative from
the PDR is chosen, additional engineering effort required to incorporate the new alternative would
be an Additional Service. The Construction Contract Documents listed below will be prepared for
the Owner’s and CMAR’s use. Additional packages will be provided as an Additional Service.
a. Construction Contract Document Package No. 1 – inclined plate settler and low-pressure
membrane pilots and pilot support facilities.
i. Technical Specifications: Division 01 through 47, as necessary to support the package
components.
ii. Drawings will be developed for the following project elements:
1) Pilot Support Facilities.
b. Construction Contract Document Package No. 2 – long lead-time equipment and electrical
components which may include generators, medium voltage switchgear, pad-mounted and
unit substation transformers, 480V switchboards, motor control centers and switchgear, VFDs
associated with any pre-purchased pumps/motors.
i. Technical Specifications: Division 01 through 47, as necessary to support the package
components.
ii. Drawings will be developed for the following project elements:
1) Electrical one-line diagrams, elevations and control schematics.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 13 of 46 FNI____
OWNER____
c. Construction Contract Document Package No. 3 – plant components not impacted by the low-
pressure membrane pilot.
i. Technical Specifications: Division 01 through 47, as necessary to support the package
components.
ii. Drawings will be developed for the following project elements:
1) Raw Water Pump Station.
2) Raw Water Pump Station Electrical Building.
3) Membrane WTP Parallel Raw Water Pipeline.
4) Membrane WTP Pre-Ozone Contactor.
5) Membrane WTP Pumped Diffusion Vault/Rapid Mix.
6) Membrane WTP Flow Split Structure.
7) Membrane WTP Flocculation/Sedimentation Basin.
8) Membrane WTP Sedimentation Basin Solids Pump Station.
9) Membrane WTP Low-Pressure Membrane Feed Pump Station.
10) Membrane WTP Intermediate Ozone Contactor.
11) Membrane WTP Biologically Active Filters.
12) Membrane WTP Biologically Active Filters Blower Building.
13) Membrane WTP Transfer and Biologically Active Filter Backwash Pump Station.
14) Existing Transfer Pump Station.
15) Membrane WTP Transfer and Biologically Active Filter Backwash Pump Station
Electrical Building.
16) Clearwell No. 2.
17) High Service Pump Station.
18) High Service Pump Station Electrical Building.
19) Membrane WTP Main Drain Sump Pump Station.
20) Spent Backwash Equalization and Recycle Pump Station.
21) Membrane WTP Solids Equalization/Thickener and Thickened Solids Pump Station.
22) Membrane WTP Dewatering Building.
23) Ozone Generation Building.
24) Liquid Oxygen and Vaporizers.
25) Membrane WTP Chemical Storage.
26) Membrane WTP Chemical Feed.
27) Disinfection Building (Sodium Hypochlorite and Liquid Ammonium Sulfate).
28) Main Electrical Building No. 1.
29) Main Electrical Building No. 2.
30) Maintenance and Electrical Shop.
31) Electrical, Instrumentation, and Control Systems.
32) Yard Piping and Site Civil.
d. Construction Contract Document Package No. 4 – low-pressure membrane procurement
documents.
i. Technical Specifications: Division 01 through 47, as necessary to support the package
components.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 14 of 46 FNI____
OWNER____
ii. Drawings will be developed for the following project elements:
1) None.
e. Construction Contract Document Package No. 5 – plant components associated with the
outcome of the low-pressure membrane pilot.
i. Technical Specifications: Division 01 through 47, as necessary to support the package
components.
ii. Drawings will be developed for the following project elements:
1) Administration/Operation/Low-Pressure Membrane Building.
2) Electrical, Instrumentation, and Control Systems.
3) Yard Piping, Site Civil, and Landscaping at the Administration/Operations/
Membrane Building.
5. Conduct progress review and QC workshops with the Owner and CMAR during the Design Phase.
FNI will submit relevant 3D models, drawings, specifications, and detailed data for each review
workshop two weeks prior to the workshop dates to allow the Owner and CMAR adequate time
for review and comment. These workshops will be conducted for each of the deliverable packages
identified in this Scope of Services.
a. Level I Review - Initial Submittal (20-30% Design Level): This review is provided as part of the
Preliminary Design Phase in this Scope of Services.
b. Conduct a Model Overview Workshop: The model review will include a single-day workshop
to provide model reviews and/or printed isometric views of proposed major facility
improvements. Owner shall receive a walk-through of the facility models, using designated
model review software, including relevant treatment process, structural, electrical,
architectural, and plumbing/HVAC elements. FNI will document and address Owner
comments before developing detailed construction contract drawings.
c. Level II Review – Midpoint Submittal (50-60% Design Level): The Level II review will include a
single-day workshop to provide a detailed review of both model spaces and conventional 2D
construction contract drawings for the proposed design improvements and draft
specifications. Level II review will also include various disciplinary cross-check reviews and
QCs by FNI, constructability reviews by FNI, initial workshop discussions on maintenance of
plant operations (MOPO) and construction sequencing, and development of a Draft MOPO
and construction sequencing plan. FNI will document and address Owner comments before
developing the Level III submittal.
d. Level III Review – Pre-Bid Submittal (80-90% Design Level): The Level III review will include a
single-day workshop to provide a detailed review of all final design plans and specifications,
final constructability reviews, final disciplinary cross-check reviews and disciplinary QC
documentation. FNI will document and address Owner comments before developing final
plans and specifications for construction.
e. Conduct a single-day MOPO and construction sequencing workshop at the 90% level to
discuss the finalized sequence of construction and MOPO plans for the plant improvements.
f. All workshops will be conducted in the Owner’s designated offices.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 15 of 46 FNI____
OWNER____
6. Assist Owner and CMAR in developing procurement documents for the GMP packages. In
coordination with the Owner and CMAR, assist in development of selection criteria and assist in
development of bidding documents using the Owner’s standard construction contract documents
format.
7. Plans and specifications for any potentially occupied building will be submitted through the
Owner’s designated planning and development process for construction permitting. The Owner
will coordinate obtaining all local government permits. FNI will support the Owner in preparing
materials to obtain a permit as an Additional Service.
8. Advise Owner of the need for and recommend scope of subsurface investigations, special analysis,
underwater exploration and mapping, etc., and the retention of special consultants beyond those
identified in these Basic Services. The cost of such services shall be Additional Services and are
not included in the Basic Services performed by FNI.
9. Furnish Owner, when requested, with the engineering data necessary for applications for routine
permits required by local, state, and federal authorities.
10. Submit letters, notifications, drawings, specifications, design documentation and Construction
Contract Documents to the applicable federal and state agency(-ies) for regulatory approval,
where required.
11. Submit drawings for improvements to occupied buildings (and new facilities as required) to the
appropriate regulatory agency (i.e., the Texas Department of Licensing and Regulation) for
required TAS/ADA compliance rule reviews and associated approvals. The Owner will handle all
required submittals for any other required review of building facilities.
12. This Project assumes the use of the Owner’s standard construction contract (Division 00)
documents including the Owner’s General Conditions. FNI will use its technical standards for
drawings and its technical specifications. FNI will coordinate with the Owner for any changes to
specification standards in the Supplemental Conditions and Front-End Documents.
13. Furnish such information necessary to utility companies whose facilities may be affected, or
whose services may be required for the Project.
14. The CMAR will prepare the opinion of probable construction cost for the Level II (Class 4) and Level
III (Class 3) design completion levels. FNI will review these cost models and provide input to the
Owner and CMAR.
15. Furnish the Owner one electronic PDF copy of drawings, specifications, and bid proposals for each
submittal review and workshop above, for review and approval by Owner. Upon final approval by
Owner, FNI will provide one electronic PDF copy for each final GMP package. Hard copies or
providing Mylar sets is an Additional Service.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 16 of 46 FNI____
OWNER____
F. Phase 3 – Bid and Procurement Services:
Bid phase services assume the Project delivered using CMAR with Competitive Sealed Proposal
selection process to support the CMAR. Upon completion of the design services and approval of “final”
drawings and specifications by Owner, FNI will proceed with the performance of services in this phase
as follows:
1. Review the CMAR prepared Notice to Bidders that the CMAR will distribute to prospective
Contractors and vendors, and to selected plan rooms, using the Owner’s standard bid process.
Provide a copy of the notice to bidders for Owner to use in notifying construction news
publications and publishing the appropriate legal notice. The cost for publications shall be paid by
the CMAR.
2. Submit electronic copies of plans, specifications, and bidding documents to the Owner. The
Owner/CMAR will publish the documents to an online bidding service. Prospective bidders may
download and print documents from an online bidding service, which will maintain plan holder
list and post addenda. FNI posting documents to CIVCAST or other online service is an Additional
Service.
3. Assist Owner and CMAR by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders, if necessary, following the Owner’s standard
bid process.
4. Assist the Owner and CMAR in conducting up to four (4) separate pre-bid conferences (one per
package) for the construction project and coordinate responses to questions with Owner.
Responses to the pre-bid conference questions will be in the form of addenda issued after the
conference. Attend the tour of the project site after the pre-bid conference.
5. In conjunction with the CMAR, develop an example “Construction Sequence” presentation,
demonstrating to potential Contractors possible methodologies for sequencing construction
events. FNI will also provide special procedures and construction constraints, clearly identified in
the plans, specifications and presentation, to define limitations for the CMAR and Contractor to
take any unit process or plant facility out of service for construction. Present the sample
construction sequence at the pre-bid conferences.
6. The Owner and CMAR will evaluate the proposals for compliance with the Contract Documents.
7. The Owner and CMAR will receive, open, and evaluate competitive sealed proposals based on the
published bid/proposer evaluation criteria at the appointed time. The Owner and CMAR will
recommend acceptance of the most responsible offeror or rejection of the proposal. FNI will
review the technical portion of the proposal associated with GMP Package Nos. 1 and 4.
8. Assist Owner and CMAR in the preparation of “issued for construction” Construction Documents.
“Issued for construction” drawings and specifications shall incorporate any changes from addenda
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 17 of 46 FNI____
OWNER____
into the final electronic documents and the documents shall be reprinted with the appropriate
changes notated and clouded per FNI drawing standards.
9. Furnish the Owner and CMAR one electronic PDF copy of the full-sized drawings and conformed
technical specifications for construction. Hard copy sets of “issued for construction” documents
can be provided as an Additional Service.
G. Phase 4 – Construction Contract Administration Services:
Upon completion of the bid/negotiation phase services, FNI will proceed with the construction phase
services as described below. It is understood that FNI does not guarantee the CMAR’s or Contractor’s
performance, nor is FNI responsible for supervision of the CMAR or Contractor’s operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences, or
procedures of construction selected by the CMAR or Contractor, or any safety precautions and
programs relating in any way to the condition of the premises, the work of the CMAR, Contractor or
any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own
employees or agents) at the Project site or otherwise performing any of the work of the Project.
1. Assist Owner and CMAR in conducting up to two (2) preconstruction conference(s) with the
selected CMAR and Contractor(s), review construction schedules prepared by the CMAR pursuant
to the requirements of the construction contract and proposed construction. These
preconstruction conferences are associated with GMP Package No. 3 (plant components not
impacted by the low-pressure membrane pilot) and GMP Package No. 5 (plant components
associated with the outcome of the low-pressure membrane pilot). Preconstruction conferences
beyond the number listed is an Additional Service.
2. Participate in up to thirty-eight (38) monthly construction progress meetings with the Owner and
CMAR. Assist Owner and CMAR in establishing an agenda for these meetings, facilitate meeting
discussion and provide minutes for each meeting for Owner and CMAR comment. A site visit to
the construction site (as distinguished from the continuous services of a resident project
representative) will be conducted during these monthly construction progress meetings to
observe the progress and the quality of work and to attempt to determine in general if the work
is proceeding in accordance with the Construction Contract Documents. In this effort, FNI will
report any observed deficiencies to the Owner. Meetings and visits to the site in excess of the
specified number are an Additional Service.
3. Establish communication procedures with the Owner and CMAR. Submit up to thirty-eight (38)
monthly reports of construction progress. Reports will describe construction progress in general
terms and summarize project costs, payments made, construction schedule, and pending and
approved contract modifications. Aerial photography will be provided, when available, by the
Owner or CMAR for use by FNI in project updates. Aerial photography may be provided by FNI as
an Additional Service.
4. Establish and maintain a project documentation system using the Owner’s Procore project
document system, consistent with the requirements of the construction contract documents.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 18 of 46 FNI____
OWNER____
Monitor the processing of CMAR’s submittals and provide for filing and retrieval of project
documentation. Produce monthly reports indicating the status of all submittals in the review
process. Review and respond to CMAR’s submittals, including requests for information,
modification requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the Project. Monitor the progress of the
CMAR in sending and processing submittals to see that documentation is being processed in
accordance with schedules.
5. Based on FNI’s observations as an experienced and qualified design professional and review of
the payment requests and supporting documentation submitted by CMAR, determine the amount
that FNI recommends CMAR be paid on monthly and final estimates, pursuant to the General
Conditions of the Construction Contract. Project assumes thirty-eight (38) monthly pay requests
will be processed by FNI. The review of more than the stated pay requests will be an Additional
Service.
6. Make up to twenty (20) additional visits to the site, non-concurrent with the monthly site visits
and meetings, to provide additional specialty observation or inspection as may be required for
the Project. Visits to the site in excess of the specified number are an Additional Service.
7. Interpret the drawings and specifications for the Owner and CMAR. Investigations, analyses, and
studies requested by the CMAR and approved by the Owner, for substitutions of equipment
and/or materials or deviations from the drawings and specifications is an Additional Service.
8. Review up to 300 quality-related documents provided by the CMAR such as test reports,
equipment installation reports or other documentation required by the Construction Contract
Documents. The number of quality documents identified is estimated by FNI based on
performance on similar projects and the number of documents identified in the plans and
specifications. Review of CMAR submittals in excess of this amount are an Additional Service.
9. Provide for review of CMAR’s requests for information (RFIs). Maintain document control
systems, review CMAR RFIs and prepare responses in accordance with the Contract Documents.
Provide interpretation and communicate engineering intent if information is not explicitly
addressed in the Contract Documents. It is anticipated that FNI will review and respond to up to
a total of 250 RFIs. Review of RFIs in excess of the specified number is an Additional Service.
10. Provide for review of CMAR submittals including shop drawings, operation and maintenance
manuals and other documentation required by the construction contract documents. It is
anticipated that FNI will review and respond to up to a total of 900 submittals and resubmittals.
Review of submittals in excess of the specified number is an Additional Service.
11. Establish procedures for administering constructive changes to the construction contracts.
Process contract modifications and negotiate with the CMAR on behalf of the Owner to determine
the cost and time impacts of these changes. Prepare change order documentation for approved
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 19 of 46 FNI____
OWNER____
changes for execution by the Owner. Documentation of field orders, where completion schedule
or cost to Owner is not impacted, will also be prepared. Investigations, analyses, studies, or
designs for substitutions of equipment or materials, corrections of defective or deficient work of
the CMAR or other deviations from the construction contract documents requested by the CMAR
and approved by the Owner are an Additional Service. Substitutions of materials or equipment or
design modifications requested by the Owner are an Additional Service. FNI will process up to
twenty (20) CMAR cost proposals (CPs), twenty (20) requests for cost proposal (RCPs), five (5)
change orders and five (5) field orders during the construction phase. Providing these services to
review or evaluate construction CMAR’s claim(s) or Owner-initiated changes, supported by causes
not within the control of FNI, above these amounts are an Additional Service.
12. The CMAR will provide construction materials testing for purposes of Owner quality control during
construction. The CMAR must coordinate the work of testing laboratories and inspection bureaus
required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. Materials testing furnished by FNI is an Additional Service.
13. Assist in the transfer of and acceptance by the construction CMAR of any Owner-furnished
equipment or materials.
14. Conduct, in company with Owner’s representative, up to two (2) substantial completion
walkthroughs, one each for GMP Packages No. 3 and No. 5, of the Project to establish final
punchlists for project completion, conformance with the design concept of the Project and
general compliance with the Construction Contract Documents. Prepare a list of deficiencies to
be corrected by the CMAR before the recommendation of final payment. Assist the Owner in
obtaining legal releases, permits, warranties, spare parts, and keys from the CMAR. Review and
comment on the certificate of completion and the recommendation for final payment to the
CMAR. Visiting the site to review completed work for more than two (2) trips is an Additional
Service. Visiting the site to conduct a final completion walkthrough is an Additional Service.
15. Revise the construction drawings in accordance with the information furnished by the CMAR
reflecting changes in the Project made during construction. One (1) electronic copy in PDF format
of “Record Drawings” shall be provided by FNI to the Owner. Hard copies or providing Mylar sets
is an Additional Service.
H. Phase 5 – Post Construction Phase Services:
1. Provide an updated operations and maintenance (O&M) manual for the treatment plant to reflect
changes in the operation of the plant. The O&M manual shall be consistent with current state
regulatory requirements. The O&M manual will include all equipment operations of the plant,
both existing and new equipment, and related unit process operations.
2. Review Workshops and Meetings:
a. O&M Manual Kickoff Workshop with Owner: Conduct one (1) videoconference with the
Owner to review the O&M manual table of contents.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 20 of 46 FNI____
OWNER____
b. O&M Manual Review Workshop with Owner: Conduct one (1) workshop with the Owner to
review the O&M manual sections.
3. Deliverables:
a. O&M Manual Table of Contents: Submit one (1) electronic PDF draft copy to Owner for review
and one (1) electronic PDF final copy to Owner upon incorporation of review comments.
b. O&M Manual: Submit one (1) electronic PDF draft copy to Owner for review and one (1)
electronic PDF final copy to Owner upon incorporation of review comments.
ARTICLE II – SPECIAL SERVICES: FNI shall render the following Special Services for the development of
the Project:
A. Project Management, Quality Control, and Quality Assurance Special Services:
1. No special services are identified.
B. Opinions of Probable Construction Cost Special Services:
1. No special services are identified.
C. Phase 1 – Preliminary Design Special Services:
1. Topographic Survey, LiDAR Survey, and 3D Photo Documentation (Photogrammetry)
a. Topographic Survey: Topographic survey services will be coordinated by FNI and provided by
a surveyor as a consultant to FNI.
i. The Ray Roberts Raw Water Pump Station, raw water pipeline easement, and Ray
Roberts Water Treatment Plant area cross sections and/or mapping will be collected
generally at 25-foot intervals and at all breaks in grade to produce 1-foot interval
contours to support the design of the Project.
ii. All trees will be tagged in the field. The tree tag identification number and common
name will be noted on the survey. Tree identification by a licensed arborist is an
Additional Service.
iii. Boundary and Easement Survey: Research existing easements and prepare the
following easement meets-and-bounds survey documents.
1) Raw Water Pump Station (U.S. Army Corps of Engineers) – existing permanent
easement.
2) Raw Water Pump Station (U.S. Army Corps of Engineers) – proposed temporary
construction easement.
3) Raw Water Pipeline (U.S. Army Corps of Engineers) – existing permanent easement.
4) Raw Water Pipeline (U.S. Army Corps of Engineers) – proposed temporary
construction easement.
5) Electrical Utility – proposed permanent easement.
iv. Orthorectified imagery, captured using UAV drone technology, will be used to provide
an aerial background to the deliverable. Photogrammetry, derived from the
orthorectified imagery, will be utilized to capture mapping and improvements as
applicable.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 21 of 46 FNI____
OWNER____
v. Terrestrial based 3D laser scanning will be utilized to capture mapping and
improvements on existing plant structures.
vi. In addition, the following weir elevations will be measured:
1) Flow Splitter Box.
2) Flocculation/Sedimentation Basin Nos. 1 and 2.
vii. The surveyor will conduct additional separate site visits to collect the following items:
1) CMAR provided subsurface utility exploration excavations (locate points of
inflection along the raw water pipeline, tie in and connection points, and
verification of buried utilities).
2) Soil boring markers or boring locations.
b. LiDAR Survey: LiDAR survey services will be coordinated by FNI and provided by FNI.
i. Ray Roberts Raw Water Pump Station
ii. Ozone Generation Building
iii. Liquid Oxygen
iv. Ray Roberts High Service Pump Station
v. Main Electrical Building
c. 3D Photo Documentation (Photogrammetry): Capture 3D photo documentation (Matterport)
of the interior and exterior façade of the Owner facilities listed below:
i. Ray Roberts Raw Water Pump Station
ii. Ozone Generation Building
iii. Liquid Oxygen Storage Area
iv. Ray Roberts High Service Pump Station
v. Main Electrical Building
2. Easement Support
a. United States Army Corps of Engineers
i. The Raw Water Pump Station and raw water pipeline are in an existing easement
provided to the Owner by the United States Army Corps of Engineers (USACE). The
Project improvements impact the easement document. The easement was modified in
the Lake Lewisville Phase II Improvements to include the Raw Water Pump Station
Chemical Building. Based on available information, this scope assumes that the existing
permanent easement will support an expansion of the Raw Water Pump Station and a
parallel raw water pipeline. A temporary construction easement will be required for the
Raw Water Pump Station expansion and the raw water pipeline.
ii. The Owner will provide FNI with the current USACE easement document for review.
iii. FNI will support the Owner by providing a meets-and-bounds survey of the proposed
temporary construction easements. In addition to this information, FNI will participate
in the workshops and meetings outlined below.
iv. Any other easement requirements from the USACE will be considered an Additional
Service.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 22 of 46 FNI____
OWNER____
v. Review Workshop and Meetings:
1) United States Army Corps of Engineers Lake Management and Owner Coordination
Meetings: Prepare meeting agenda and notes and attend up to two (2) in-person
meetings with the USACE Lake Ray Roberts Manager and the Owner.
2) United States Army Corps of Engineers and Owner Coordination Meetings: Prepare
meeting agenda and notes and attend up to four (4) videoconferences with the
USACE and the Owner.
3) United States Army Corps of Engineers and Owner Temporary Easement Document
Review Workshop: Prepare meeting agenda and notes and attend one (1) review
workshop with the Owner.
vi. Deliverables:
1) United States Army Corps of Engineers and City of Denton Temporary Easement
Meets-and-Bounds Document: Submit one (1) electronic PDF draft copy to Owner
for review and one (1) electronic PDF final copy to Owner upon incorporation of
review comments.
3. Provide a Geotechnical Investigation and Geotechnical Engineering Report of the plant site
required for the design phase.
a. Geotechnical Exploration
i. Select appropriate locations for exploratory borings within the vicinity of the following
proposed improvements:
1) Raw Water Pump Station (expansion).
2) Raw Water Pump Station Electrical Building (expansion).
3) Parallel Raw Water Pipeline.
4) Conventional WTP Flow Control Valve Vault, Conventional WTP Flow Meter Vault,
Membrane WTP Flow Control Valve Vault, and Membrane WTP Flow Meter Vault.
5) Membrane WTP Pre-Ozone Contactor.
6) Membrane WTP Chemical Feed
7) Membrane WTP Flow Split Structure.
8) Membrane WTP Flocculation/Sedimentation Basins and Membrane Feed Pump
Station.
9) Membrane WTP Administration/Operations/Membrane Building.
10) Membrane WTP Intermediate Ozone Contactor.
11) Membrane WTP Biologically Active Filters.
12) Washwater Reclamation Basin No. 2.
13) Membrane WTP Transfer/Backwash Pump Station.
14) Membrane WTP Transfer/Backwash Pump Station Electrical Building.
15) Membrane WTP Ammonia Injection Vault.
16) Clearwell No. 2.
17) High Service Pump Station VFD Building (expansion).
18) Main Electrical Building No. 2.
ii. Coordinate the boring locations with the Owner and notify Texas 811 to locate existing
underground utilities before the commencement of the field exploration activities.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 23 of 46 FNI____
OWNER____
iii. FNI will subcontract with a drilling contractor to drill the borings identified below at the
selected locations. Samples will be collected intermittently using continuous flight
auger and either tube samples or a split-spoon sampler in conjunction with the
Standard Penetration Test (SPT), as appropriate for the material. Rock and rock-like
materials will be sampled using an NX core barrel and/or tested in-situ using a TxDOT
Cone Penetration Test (CPT), as appropriate for the material. At completion, the
boreholes will be backfilled with auger cuttings to the ground surface. If boreholes are
located within areas of pavement or sidewalk, borings will be backfilled with a similar
material to match the existing conditions. The following borings will be conducted:
1) Raw Water Pump Station (expansion): 2.
2) Raw Water Pump Station Electrical Building (expansion): 1.
3) Parallel Raw Water Pipeline: 2.
4) Conventional WTP Flow Control Valve Vault, Conventional WTP Flow Meter Vault,
Membrane WTP Flow Control Valve Vault, and Membrane WTP Flow Meter Vault:
2.
5) Membrane WTP Pre-Ozone Contactor: 1.
6) Membrane WTP Chemical Feed: 1.
7) Membrane WTP Flow Split Structure: 1.
8) Membrane WTP Flocculation/Sedimentation Basins and Membrane Feed Pump
Station: 1.
9) Membrane WTP Administration/Operations/Membrane Building: 2.
10) Membrane WTP Intermediate Ozone Contactor: 1.
11) Membrane WTP Biologically Active Filters: 3.
12) Washwater Reclamation Basin No. 2: 2.
13) Membrane WTP Transfer/Backwash Pump Station: 2.
14) Membrane WTP Transfer/Backwash Pump Station Electrical Building: 1.
15) Clearwell No. 2: 5.
16) High Service Pump Station VFD Building (expansion): 1.
17) Main Electrical Building No. 2: 2.
18) Two (2) standpipe piezometers will be installed to enable subsequent groundwater
measurements. The Owner will take periodic groundwater measurements, record,
and forward the information to FNI.
iv. FNI will provide an engineer or geologist, experienced with logging borings, to direct
the drilling, log the borings, and handle the samples. Visual classification of the
subsurface stratigraphy shall be provided according to the Unified Soil Classification
System (USCS).
b. Laboratory Testing
i. Testing shall be performed on soil samples obtained from the borings. The laboratory
testing will be focused upon soil classification, subsurface moisture profile, and swell
tests, as well as soil strengths for supporting the various structures. FNI will select
samples from the exploratory borings for laboratory testing, assign tests, and review
the test results. A geotechnical testing subcontractor will perform the testing.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 24 of 46 FNI____
OWNER____
ii. Laboratory tests will be assigned based on the specific subsurface materials
encountered during exploration. Test type and quantity may vary, but are expected to
include:
1) Classification test (liquid and plastic limits and percent pass of the No. 200 sieve or
gradation);
2) Moisture content;
3) Dry unit weight;
4) Shear strength testing;
5) Unconfined compression testing;
6) One-dimensional swell (restrained) testing; and
7) Consolidation testing.
c. Engineering Analysis
i. FNI will prepare a Geotechnical Report of the investigation that will include:
1) Plan of borings illustrating the approximate location of each boring and scale to
which the drawing was made.
2) A log of each boring indicating the boring number, depth of each stratum, soil
classification and description, and groundwater/seepage observations recorded
during drilling.
3) Summary of laboratory results.
4) General discussion of the site geology.
5) Discussion of subsurface conditions and soil properties indicated by the field and
laboratory work, and the implications for design.
6) Foundation and site preparation recommendations for the proposed Project
components.
7) General discussion of expected construction related issues.
8) Earthwork related recommendations for use during development of the plans and
specifications.
D. Construction Management-at-Risk (CMAR) Coordination Special Services.
1. No special services are identified.
E. Phase 2 – Final Design Special Services:
1. Council Presentations and Public Meetings: Participate in up to two (2) project update
presentations to council.
F. Phase 3 – Bid and Procurement Special Services:
1. No special services are identified.
G. Phase 4 – Construction Contract Administration Special Services:
1. Resident Project Representative (RPR)
a. FNI will provide one (1) Resident Project Representative (RPR) for the Project to act as
Owner’s on-site representative during the Construction Phase.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 25 of 46 FNI____
OWNER____
b. The RPR will communicate and coordinate with the Owner on a regular basis to carry out the
daily services being provided and will coordinate with the Specialty Observations staff.
c. In performing these services, it is understood that FNI does not guarantee the CMAR's
performance, nor is FNI responsible for the supervision of the CMAR's operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the CMAR, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the CMAR or any Contractor
or Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except
its own employees or agents) at the Project site or otherwise performing any of the work of
the Project.
d. Resident Project Representative Services:
i. The duties, responsibilities, and the limitations of authority of the Resident Project
Representative, and designated assistants, are as follows .
1) Resident Project Representative is Engineer’s agent at the site, will act as directed
by and under the supervision of the Engineer, and will confer with the Engineer
regarding Resident Project Representative’s actions. Resident Project
Representative’s dealings in matters pertaining to the on-site Work shall in
general be with the Engineer and CMAR, keeping Owner advised as necessary.
Resident Project Representative’s dealings with Contractors and Subcontractors
shall only be through or with full knowledge and approval of the CMAR. Resident
Project Representative shall generally communicate with the Owner with the
knowledge of and under the direction of the Engineer.
2) The Owner agrees to include provisions in the General Conditions that require the
CMAR to include FNI: (1) as an additional insured and in any waiver of subrogation
rights with respect to such liability insurance purchased and maintained by the
CMAR for the Project (except workers’ compensation and professional liability
policies); and (2) as an indemnified party in the CMAR’s indemnification provisions
where the Owner is named as an indemnified party.
ii. Duties and Responsibilities of Resident Project Representative:
1) Schedules: Review the progress schedule, schedule of Shop Drawing submittals,
and schedules of values prepared by the CMAR and consult with the Engineer
concerning acceptability.
2) Conferences and Meetings: Attend meetings with the CMAR, such as
preconstruction conferences, progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
3) Liaison:
a. Serve as the Engineer’s liaison with the CMAR, working principally through
CMAR’s superintendent and assist in understanding the intent of Contract
Documents; and assist the Engineer in coordinating with the Owner’s liaison
and CMAR when CMAR’s operations affect Owner’s on-site operations.
b. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 26 of 46 FNI____
OWNER____
4) Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the Site by the CMAR, and notify the
Engineer of availability of Samples for examination.
c. Advise the Engineer and CMAR of the commencement of any Work requiring a
Shop Drawing or Sample if the submittal has not been approved by the
Engineer.
5) Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if the
Work is in general proceeding in accordance with the Contract Documents.
b. Report to the Engineer whenever Resident Project Representative believes
that any Work will not produce a completed Project that conforms generally
to the Contract Documents or will prejudice the integrity of the design
concept of the completed Project as a functioning whole as indicated in the
Contract Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and
advise the Engineer of Work the Resident Project Representative believes
should be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment, and systems start-up and operating and
maintenance training are conducted in the presence of appropriate
personnel, and the CMAR maintains adequate records thereof; and observe
record and report to the Engineer appropriate details relative to the test
procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report
to the Engineer.
6) Interpretation of Contract Documents: Report to the Engineer when clarifications
and interpretations of the Contract Documents are needed and transmit to the
CMAR clarifications and interpretations as issued by the Engineer.
7) Request for Revisions: Consider and evaluate the CMAR’s suggestions for revisions
to Drawings or Specifications and report with Resident Project Representative’s
recommendations to the Engineer. Transmit to the CMAR in writing decisions as
issued by the Engineer.
8) Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples, reproductions of original Contract
Documents, including all Work Change Directives, Addenda, Change Orders,
Field Orders, Written Amendments, the Engineer’s clarifications and
interpretations of the Contract Documents, progress reports, submittals and
correspondence received from and delivered to the CMAR and other Project
related documents.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 27 of 46 FNI____
OWNER____
9) Reports:
a. Furnish to the Engineer periodic reports as required of progress of the work
and of CMAR’s compliance with the progress schedule and schedule of Shop
Drawings and Sample submittals.
b. Consult with the Engineer in advance of scheduled major tests, inspections, or
start of important phases of the Work.
c. Draft proposed Written Amendments, Change Orders, and Work Change
Directives, obtaining backup material from the CMAR and recommend to the
Engineer Written Amendments, Change Orders, Work Change Directives, and
Field Orders.
d. Report immediately to the Engineer and the Owner the occurrence of any
accident.
10) Payment Requests: Review Applications for Payment with the CMAR for
compliance with the established procedure for their submission and forward with
recommendations to the Owner, noting particularly the relationship of the
payment requested to the schedule of values, Work completed, and materials and
equipment at the Site but not incorporated in the Work.
11) Certificates, Maintenance, and Operation Manuals: During the course of the
Work, verify that certificates, maintenance, and operation manuals and other data
required to be assembled and furnished by the CMAR are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to the Engineer for review and forwarding to the Owner prior
to final payment for the Work.
12) Equipment Training:
a. RPR will review the equipment training plans (agendas) for conformance with
the Construction Contract.
b. RPR will monitor the status of equipment training to verify completion prior to
startup of the associated equipment/processes.
c. RPR will monitor the status of equipment O&M manuals to verify completion
prior to startup of the associated equipment/processes.
13) Completion:
a. Before the Engineer issues a Certificate of Substantial Completion, submit to
the CMAR a list of observed items requiring completion or correction.
b. Observe whether the CMAR has performed inspections required by laws or
regulations, ordinances, codes or orders applicable to the Work, including but
not limited to those to be performed by public agencies having jurisdiction
over the Work.
c. Conduct a final inspection in the company of the Engineer, Owner, and CMAR
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on the final list have been completed or corrected
and make recommendations to the Engineer concerning acceptance.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 28 of 46 FNI____
OWNER____
iii. Limitations of Authority of Resident Project Representative:
1) The RPR shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or-equal" items), unless
authorized by the Engineer.
2) The RPR shall not exceed limitations of the Engineer’s authority as set forth in
Agreement or the Contract Documents.
3) The RPR shall not undertake any of the responsibilities of the CMAR,
Subcontractor, Suppliers, or CMAR’s superintendent.
4) The RPR shall not advise on, issue directions relative to, or assume control over
any aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
5) The RPR shall not advise on, issue directions regarding, or assume control over
safety precautions and programs in connection with the Work or any activities or
operations of the Owner or CMAR.
6) The RPR shall not accept shop drawing or sample submittals from anyone other
than the CMAR.
7) The RPR shall not participate in specialized field or laboratory tests or inspections
conducted by others, except as specifically authorized by the Engineer.
e. RPR services are estimated to average 40 hours per week over thirty-four (34) months of the
estimated thirty-eight (38)-month duration of construction. If the CMAR is unable to complete
the Project in the established duration, and additional RPR services are required, these
services shall be included as an Additional Service to the Agreement.
2. Specialty Construction Electrical Inspection:
a. FNI will provide one (1) specialty construction electrical inspector focusing on electrical
equipment for the duration outlined below.
b. The specialty construction electrical inspector will communicate and coordinate with the RPR
on a regular basis to carry out the daily services being provided.
c. In performing these services, it is understood that FNI does not guarantee the CMAR's
performance, nor is FNI responsible for the supervision of the CMAR's operation and
employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the CMAR, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the CMAR or any Contractor
or Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except
its own employees or agents) at the Project site or otherwise performing any of the work of
the Project.
d. Specialty Construction Electrical Inspection Services: The primary roles and responsibilities of
the specialty construction electrical inspector include the following:
i. Serve as point of contact for the RPR, with primary responsibility for construction
quality assurance especially related to electrical equipment.
ii. Inspect construction work daily to determine that construction is in conformance with
the Construction Contract Documents.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 29 of 46 FNI____
OWNER____
iii. Prepare daily construction reports (DCRs) documenting construction activities, number
of construction staff on site, equipment stages and/or operating on site, visits to the
site, discussions of any field issues with any parties, and any other information pertinent
to or potentially impacting the Project.
iv. Assist the RPR and Owner staff when needed to coordinate construction activities that
may impact the Owner’s ongoing operations.
v. Verify that the CMAR testing laboratories are onsite and conducting the necessary
testing per the Construction Contract Documents.
vi. Verify quantities of work in place and assist the RPR in the review of payment request
and supporting documentation.
vii. Attend periodic project coordination meetings (bi-weekly or monthly) when requested
by the RPR to provide updates and inputs on construction progress and issues as
appropriate.
viii. Attend other project related construction meetings as needed.
ix. Assist the RPR in preparation of notices of defective work. Assist in coordinating the
resolution of non-compliant work with the CMAR. Document and follow up on non-
conforming work to determine that acceptable correction of defects is accomplished.
x. Maintain a working set of record documents. Determine that measurements required
for record documents are taken before work is covered.
xi. Take photographs to document differing site conditions, change order and claim items,
and any special or unique conditions as they arise.
e. The specialty construction electrical inspection services are estimated to average 40 hours
per week for a duration of ten (10) months. If the CMAR is unable to complete the Project
within the established duration, and additional services are required, these services shall be
included as an Additional Service to the Agreement.
3. Major Equipment Factory Witness Testing.
a. The specifications for major pieces of equipment will be written such that the Owner may
elect to witness the factory performance test of major equipment. The specifications will be
written with the requirement that all travel expenses will be paid by the manufacturer for the
Owner and FNI. These specifications will also be written such that FNI’s labor and expenses
incurred for witness testing following unacceptable tests must be paid for by the
manufacturer.
b. Services of the identified engineer, including travel to the test location, witnessing the
performance testing, providing recommendations to the Owner regarding acceptance, and
providing a technical memorandum summarizing the testing. The following factory
performance tests for major equipment are anticipated:
i. Motors (RWPS x 2, HSPS x 2): 2 Trips.
ii. Vertical Turbine Pumps (RWPS x 2, HSPS x 2): 1 Trip.
iii. Adjustable Frequency Drives (RWPS x 5, HSPS x 2): 1 Trips.
iv. Generator: 1 Trip.
v. Medium Voltage Switchgear: 1 Trips.
vi. Programable Logic Controllers and SCADA/HMI: 5 Trips.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 30 of 46 FNI____
OWNER____
4. Provide Startup and Commissioning Services.
a. Pre-Commissioning
i. Pre-Commissioning Planning
1) Pre-Commissioning Workshops. FNI will lead four (4) 2-hour pre-commissioning
workshops with the Project stakeholders to advance the commissioning planning
efforts. Workshops will be held monthly six (6) months prior to the scheduled
commissioning.
2) The CMAR will develop the Commissioning Plan for FNI review. The Commissioning
Plan will consider equipment-specific conditions and constraints. The
Commissioning Plan should include: Objective, Necessary Activities, Sequence of
Activities, Roles and Responsibilities, Risks and Mitigation Strategies, and Safety
Considerations.
3) The CMAR will split the Project into manageable Functional and Performance Test
Packages (FAPTPs) and develop these packages. FAPTPs will include: Name and tag
number of all equipment to be started up concurrently or in the same package; All
pre-startup requirements including responsibilities for the CMAR, Owner, and FNI;
Requirements for process mechanical, electrical, instrumentation, and automatic
control needs; Detailed description of step-by-step procedures for startup, as well
sequence of startup for equipment. The scope of services is based on six FAPTPs.
The FAPTPs listed are assumed and FAPTPs beyond those listed are an Additional
Service. The CMAR will submital all of the identified FAPTPs in one (1) submittal for
review by FNI. Review of more than one (1) submittal is an Additional Service.
a. FAPTP No. 1: Raw Water Pump Station, Pre-ozone Contactor, Pumped Diffusion
Vault/ Rapid Mix, Splitter Box, Flocculation/Sedimentation.
b. FAPTP No. 2: Low-pressure Membrane Feed Pump Station, Membrane System,
and Membrane Support Systems.
c. FAPTP No. 3: Intermediate Ozone Contactor, Biologically Active Filters, Transfer
and Backwash Pump Station, Filter Air Scour Blower.
d. FAPTP No. 4: High Service Pump Station, Electrical Distribution, Generators,
SCADA.
e. FAPTP No. 5: Ozone Generation, Chemical Storage and Feed, Washwater
Recovery, Main Drain Sump.
f. FAPTP No. 6: Solids Handling.
4) Scheduling Support. The CMAR’s Project Team will develop a baseline Training
Schedule for FNI’s review. The Training Schedule will identify training activities.
ii. System/Process Training. Based on the Draft System O&M Manual, FNI will provide
system training for the Project. FNI will prepare an agenda for the training workshop.
FNI will prepare a slide deck to accompany the training session. A copy of the slide deck
will be provided to the Owner in PDF format. Each training session will be conducted
over two (2) four (4)-hour periods. Up to two (2) training sessions will be conducted to
provide the Owner with schedule flexibility. This training will include the topics outlined
below, additional topics may be included as an Additional Service:
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 31 of 46 FNI____
OWNER____
1) Overall process diagram and process review.
2) Overview of major equipment and vendor furnished operation and maintenance
manuals.
3) Membrane Overview: general operations, terminology, data analysis and trending.
4) Sludge removal optimization.
5) Solids Dewatering Overview: general operations, terminology, data analysis and
trending.
iii. Pre-Commissioning Field Testing. FNI will monitor the status of pre-commissioning field
testing/documentation for each FAPTP to verify conformance with Construction
Contract Documents and completion prior to startup of the associated
equipment/processes.
b. Commissioning
i. Commissioning Administration
1) Commissioning Coordination – The Owner’s construction staff and FNI’s resident
project representative will mobilize to the Project site to oversee the CMAR’s
implementation of the FAPTPs.
2) Recurring status meetings – FNI will participate in four (4) 2-hour commissioning
team meetings to monitor the progress and coordinate the near-term upcoming
commissioning activities.
3) The OWNER, FNI’s RPR, and CMAR will provide updates at each of the construction
progress meetings.
ii. Commissioning Field Testing
1) The following FNI staff will be on-site as outlined below for each FAPTP to witness
the CMAR’s execution of commissioning field testing.
a. FAPTP No. 1:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 2 days
(3). Electrical Treatment Lead: 0 days
(4). Electric Pump Station Lead: 7 days
(5). Instrumentation and Control Lead: 5 days
b. FAPTP No: 2:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 0 days
(3). Electrical Treatment Lead: 2 days
(4). Electric Pump Station Lead: 0 days
(5). Instrumentation and Control Lead: 8 days
c. FAPTP No. 3:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 0 days
(3). Electrical Treatment Lead: 2 days
(4). Electric Pump Station Lead: 7 days
(5). Instrumentation and Control Lead: 2 days
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 32 of 46 FNI____
OWNER____
d. FAPTP No. 4:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 2 days
(3). Electrical Treatment Lead: 0 days
(4). Electric Pump Station Lead: 9 days
(5). Instrumentation and Control Lead: 3 days
e. FAPTP No. 5:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 0 days
(3). Electrical Treatment Lead: 0 days
(4). Electric Pump Station Lead: 0 days
(5). Instrumentation and Control Lead: 0 days
f. FAPTP No. 6:
(1). Treatment Process Lead: 5 days
(2). Pump Station Lead: 0 days
(3). Electrical Treatment Lead: 0 days
(4). Electric Pump Station Lead: 0 days
(5). Instrumentation and Control Lead: 0 days
2) The CMAR will submit commissioning documentation for each FAPTP. FNI will
review each commissioning field testing submittal for conformance with the
Construction Contract Documents.
3) FNI will monitor the status of each FAPTP to verify completion of commissioning
field testing.
H. Post Construction Special Services
1. No special services are identified.
I. Other Services Recommended Outside of a Traditional CMAR Type Project:
1. Treatment Process Laboratory Special Services:
a. Coagulant determination jar tests.
i. FNI will conduct bench-scale jar testing of coagulants with polyaluminum chloride and
aluminum chlorohydrate. Up to six (6) doses of each coagulant will be tested for a
total of twelve (12) tests. The jar tests will be conducted on ozonated water from the
RRWTP Pre-Ozone Contactor.
ii. The ozonated water will be delivered or shipped to the FNI laboratory by FNI.
iii. Chemical metal salts for testing will be provided by or purchased by FNI.
iv. Turbidity and UV254 will be measured in the FNI laboratory to determine the coagulant
for the pilot study.
v. Site Visits:
1) FNI will conduct one (1) site visit to obtain the necessary water sample for the jar
testing.
vi. Review Workshops and Meetings:
1) None.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 33 of 46 FNI____
OWNER____
vii. Deliverables:
1) None.
2. Inclined Plate Settler and Low-Pressure Membrane Pilot:
a. Pilot Protocol Preparation
i. FNI will prepare a pilot protocol that will include the necessary operational goals,
sampling and testing plan, schedule, and aspects required by the TCEQ. As part of the
development of the pilot protocol, FNI will coordinate with the TCEQ and pilot vendors to
verify that the pilot protocol meets the Project requirements and goals. FNI will review
the pilot protocol with the Owner and submit the protocol to the TCEQ for approval.
ii. The pilot protocol will be based on a single season pilot following this approximate
schedule:
1) Initiate Pilot Testing: 7 days.
2) Stage 1 – Optimization of Pilot: 60 days.
3) Clean-in-Place: 1 day.
4) Stage 2 – Demonstration of Continued and Consistent Performance: 45 days.
5) Clean-in-Place: 1 day.
6) Stage 3 – Demonstration of Specific Flux Recovery Following a Clean-in-Place: 10 days.
iii. Review Workshops and Meetings:
1) Pilot Protocol Review Workshop with Owner. Prepare meeting agenda, attend, and
prepare meeting notes for one (1) pilot protocol review meeting with the Owner.
2) Pilot Protocol Review Workshop with TCEQ. Prepare meeting agenda, attend, and
prepare meeting notes for one (1) pilot protocol review meeting with the Owner and
TCEQ.
iv. Deliverables:
1) Pilot Protocol. Submit one (1) electronic PDF draft copy to the Owner for review and
one (1) electronic PDF final copy to the Owner upon incorporation of the review
comments.
b. Pilot Support Facilities
i. Design Pilot Facilities: FNI will provide detailed design to support the inclined plate settler
and low-pressure membrane pilots. These facilities will be temporary and only to support
the efforts of the pilot study. The design elements will include process mechanical,
chemical storage/feed, structural, and electrical components.
ii. Advertisement/Proposal Phase Services for the Pilot Facilities: FNI will support the Owner
and CMAR through the advertisement and proposal phase for the construction of the pilot
facilities.
iii. Construction Phase (General Representation) Services for the Pilot Facilities: FNI will
support the Owner and CMAR through the construction phase for the construction of the
pilot facilities. The CMAR will accommodate the construction of these components.
iv. Review Workshops and Meetings:
1) Pilot Support Facilities Design Review Workshop with Owner. Prepare meeting
agenda, attend, and prepare notes for one (1) pilot support facilities design review
workshop with the Owner.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 34 of 46 FNI____
OWNER____
v. Deliverables:
1) Pilot Support Facilities Specifications and Drawings. Submit one (1) electronic PDF
draft copy to Owner for review and one (1) electronic PDF final copy to Owner upon
incorporation of review comments.
c. Pilot Procurement/Lease Package
i. Pilot Procurement/Lease Package Development: FNI will support the Owner’s
development of the pilot unit procurement/lease package. The pilot units will include
inclined plate settler and low-pressure membrane systems.
ii. Coordinate with Inclined Plate Settler Vendors: Based on the total flow needs of the low-
pressure membrane pilots, engage with up to two (2) inclined plate settler vendors to
provide pilot unit(s).
iii. Coordinate with Low-Pressure Membrane Vendors: Based on discussions with the Owner,
coordinate with up to two (2) low-pressure (microfiltration/ultrafiltration) membrane
vendors to provide pilot units.
iv. Advertisement/Proposal Phase Services for the Pilot Units: FNI will support the Owner
and CMAR through the advertisement and proposal phase services for the selection of
inclined plate settler and low-pressure membrane vendors for the pilot study.
v. Review Workshops and Meetings:
1) Pilot Procurement/Lease Package Review Workshop with Owner. Prepare meeting
agenda, attend, and prepare notes for one (1) pilot procurement/lease package
review workshop with the Owner.
vi. Deliverables:
1) Pilot Procurement/Lease Package. Submit one (1) electronic PDF draft copy to Owner
for review and one (1) electronic PDF final copy to Owner upon incorporation of
review comments.
d. Pilot Execution
i. Coordinate with Pilot Vendors: FNI will coordinate with the inclined plate settler vendor(s)
and low-pressure membrane vendors for the delivery and installation of the pilots. The
vendors will be responsible for setting up their respective pilot units. The CMAR will be
responsible for offloading and loading the pilots.
ii. Execute the Pilot Protocol: FNI will coordinate with the pilot vendors to execute the pilot
per the TCEQ approved pilot protocol. Should pilot adjustments be needed to the protocol
over the course of the pilot, FNI will coordinate with the vendors and TCEQ.
iii. Field Support during the Pilot: FNI will make weekly trips, to review the status of the pilot
units in conjunction with weekly water sample collection.
iv. Water Quality and Sampling Support:
1) FNI will coordinate with the City of Denton water quality testing laboratory and will
execute the weekly and monthly portion of the sample protocol of the approved pilot
protocol.
2) FNI will make up to eighteen (18) site visits to the pilot during pilot execution.
3) The Owner will provide support for the daily portion of the sample protocol.
4) The water quality testing laboratory is assumed to be the City of Denton laboratory.
Providing independent laboratory services may be provided as an Additional Service.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 35 of 46 FNI____
OWNER____
5) The Owner will provide support for daily samples.
v. Inclined Plate Settler Pilot Report: FNI will prepare a pilot report based on the data
collected from the inclined plate settler pilot. FNI will coordinate with the Owner for
review of the report prior to submission to the TCEQ. This report will provide the design
parameters for the full-scale project.
vi. Low-Pressure Membrane Pilot Report: FNI will prepare a pilot report based on the data
collected from the low-pressure membrane pilots and the vendor furnished pilot reports.
FNI will coordinate with the Owner for review of the report prior to submission to the
TCEQ. This report will provide the design parameters for the full-scale project.
vii. Review Workshops and Meetings:
1) Pilot Report Review Workshop with Owner. Prepare meeting agenda, attend, and
prepare notes for one (1) pilot report review workshop with the Owner.
2) Pilot Report Review with TCEQ. Prepare meeting agenda, attend, and prepare notes
for one (1) pilot report review meeting with the TCEQ and Owner.
viii. Deliverables:
1) Pilot Report – Inclined Plate Settlers and Low-Pressure Membrane. Submit one (1)
electronic PDF draft copy to Owner for review and one (1) electronic PDF final copy
to Owner upon incorporation of review comments.
3. SWIFT Funding Assistance and Regulatory Requirements
a. Stage 1 – Abridged Application Phase
i. FNI will prepare the abridged application Form for Texas Water Development Board
(TWDB) State Water Implementation Fund for Texas (SWIFT) program.
ii. Review Workshops and Meetings:
1) Meeting with the Regional Water Project Development Team and Owner: FNI will
participate in two (2) videoconference meetings with the TWDB regional water
project development (RWPD) team, the CMAR, and the Owner. This meeting will
review the program requirements as they apply to the Project.
2) Abridged Application Review Workshop with Owner: Conduct one (1) workshop
with the Owner to review the package.
iii. Deliverables:
1) Abridged Application to Owner: Submit one (1) electronic PDF draft copy to Owner
for review and one (1) electronic PDF final copy to Owner upon incorporation of
review comments.
2) Abridged Application to TWDB: Submit the abridged application to the TWDB
through the TWDB online submittal tool (OLA) based on the information prepared
for the Owner.
b. Stage 2 – Full Application Phase
i. FNI will prepare the full application package for submission to the TWDB SWIFT
program.
ii. The preliminary design report (PDR) prepared in Phase 1 – Preliminary Design will be
the basis for the required preliminary engineering feasibility report (PEFR).
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 36 of 46 FNI____
OWNER____
iii. The final design report (FDR) prepared in Phase 2 – Detailed Design will be the basis for
the required engineering feasibility report (EFR).
iv. FNI will prepare the TWDB environmental data form. A full environmental review is not
included in this Scope of Services and is considered an Additional Service. Refer to
Special Services D.2 for additional information.
v. FNI will prepare, with input from the Owner, a governing body application resolution
for the Owner’s use.
vi. FNI will review and respond to requests for information and questions from the TWDB.
vii. Review Workshops and Meetings:
1) Pre-Application Meeting with the Regional Water Project Implementation Team
and Owner: FNI will participate in one (1) videoconference pre-application meeting
with the TWDB regional water project implementation team, the CMAR, and the
Owner. The Owner should include the Owner’s project manager, financial advisor,
and the bond counsel at this meeting.
2) Full Application Review Workshop with Owner: Conduct one (1) workshop with the
Owner to review the package.
3) TWDB Coordinate Conference Calls: Conduct up to three (3) conference calls with
the Owner and TWDB to respond to questions.
4) TWDB Board Meeting: Attend one (1) TWDB Board Meeting to support the
application and commitment of funds process.
viii. Deliverables:
1) Preliminary Engineering Feasibility Report (PEFR): The PDR will be developed and
submitted under Phase 1 – Preliminary Design and will be developed to satisfy the
requirements of the PEFR.
2) Engineering Feasibility Report (EFR): The PDR will be developed and submitted
under Phase 1 – Preliminary Design and will be developed to satisfy the
requirements of the EFR. Significant changes to the PDR may be provided as an
Additional Services.
3) Governing Body Application Resolution: Submit one (1) electronic PDF draft copy to
Owner for review and one (1) electronic PDF final copy to Owner upon
incorporation of review comments.
4) Full Application to Owner: Submit one (1) electronic PDF draft copy to Owner for
review and one (1) electronic PDF final copy to Owner upon incorporation of review
comments.
5) Full Application to TWDB: Submit the full application to the TWDB through the
TWDB OLA tool based on the information prepared for the Owner.
c. Stage 3 – Post Application
i. The project budget and schedule developed by the CMAR will be used as the basis to
update the TWDB.
ii. FNI will support the Owner and TWDB with closing release.
iii. Review Workshops and Meetings: No review workshops or meetings are furnished as
part of this stage.
iv. Deliverables: No deliverables are furnished as part of this stage.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 37 of 46 FNI____
OWNER____
4. SWIFT Funding Assistance and SWIFT Regulatory Requirements – Environmental Data Form
a. FNI will prepare an Environmental Data Form (EDF) as required by Texas Water Development
Board (TWDB) SWIFT or other state program (31 TAC §363.14). The EDF will be a stand-alone,
self-contained document describing the project in sufficient detail to allow for resource
agency review without reference to an engineering study or other documents. The EDF format
will follow the guidelines provided by the TWDB (form TWDB-0800). It is assumed that the
preparation of the draft EDF will begin after the project footprint is defined. The following
services will be completed for the EDF.
b. Conduct Site Visit. FNI will conduct one (1) site visit to make observations in the project area
necessary to describe the existing environmental conditions and assess project impacts. Prior
to conducting a site visit, FNI will compile readily available information and prepare maps of
the proposed project area. The presence and locations of waters of the U.S. (such as streams,
ponds, or wetlands), potential threatened/endangered species habitat, and visible areas of
potential hazardous materials contamination will be identified.
c. Environmental Risk Database Review. FNI will review environmental risk database reports to
assess the potential for hazardous materials contamination on any property being acquired
or constructed upon as part of the project. FNI will summarize the results of the database
review and Phase I ESA in a technical memorandum and the results will be incorporated into
the final EDF.
d. Agency Coordination. FNI will submit coordination/notification letters and the draft EDF to
appropriate agencies, as required, including U.S. Army Corps of Engineers (USACE), U.S. Fish
and Wildlife Service, Texas Commission on Environmental Quality, Texas Parks and Wildlife
Department, local managers of the Federal Flood Insurance Program, the local council of
government, and other regional agencies or local governments that may have jurisdiction. If
preparation and submittal of a Pre-Construction Notification (PCN) or other Section 404
permit authorization from the USACE (e.g., Individual Permit) is required for the proposed
project, then those services can be provided by FNI as an Additional Service upon written
authorization. Comments received from the agencies will be incorporated into the final EDF.
e. Coordination with Texas Historical Commission. Projects sponsored by a political subdivision
of the State (including a city) that affect a cumulative area greater than five acres or that
disturb more than 5,000 cubic yards require consultation with the Texas Historical
Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. As such,
FNI will conduct a desktop cultural resources evaluation to be submitted to the THC for review
by the State Historic Preservation Officer (SHPO). If archaeological or historical surveys are
required by the THC, a Professional Archeologist will be sub-contracted to perform the
surveys as an Additional Service upon the City’s written authorization. Results of required
archaeological or historical surveys and coordination with the THC will be summarized in the
EDF.
f. Preparation of Draft and Final EDF. FNI will prepare a draft EDF following appropriate TWDB
guidelines. The draft EDF will be submitted to City for review and comment. FNI will
incorporate City’s comments into the draft EDF and submit the revised draft EDF to the City
prior to submittal to agencies or the TWDB. After agency coordination, the EDF will be
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 38 of 46 FNI____
OWNER____
finalized by incorporating required changes or comments received into the final document.
The Final EDF will be submitted to the TWDB for approval.
5. High Service Pump Station System Curve Development
a. The hydraulic water model from the 2018 Water Master Plan will be used to generate the
system head curves for the High Service Pump Station. System curves will be developed under
existing and future average day and maximum day demand conditions. This task does not
include updating or modifying the hydraulic water model network or system operations.
6. Pump Station Hydraulic Physical Model
a. The physical model is recommended by the Hydraulic Institute (HI) for water pumping
facilities of this size. If the Owner prefers to not proceed with the physical model, FNI will take
an alternative approach of using HI Guidelines for the design. There are risks associated with
this approach; however, it is an alternative that some water systems have accepted.
b. FNI will contract with a research hydraulic laboratory to develop a physical model of the pump
station identified below in accordance with the Hydraulic Institute (HI) Standards. Proposed
improvements shall be modeled to evaluate the hydraulic conditions at the pumps and to
develop design modifications that may be necessary to correct adverse flow phenomena. The
professional services associated with this Task are described herein.
c. Physical Model Design: Develop the physical model based on the Level II (approximately 50
to 60 percent) design submittal. Verify pump station elevations and dimensions for areas that
are accessible with survey from the preliminary design and incorporate them into the model.
Assess suitability of the geometric scale of 1:4.125 to meet HI Standards design criteria once
the final design details are available and adjust, if required.
d. Physical Model Construction:
i. Ray Roberts Raw Water Pump Station: Simulate the geometric features in the vicinity
of the pumps capable of influencing station hydraulics in the model. The model must
include the 60-inch header and upstream geometry that may affect the flow; 60 by 36-
inch tee; three 60 by 42-inch tees; three (proposed) 60 by 48-inch tees; one fully
modeled 42-inch takeoff, suction can, and 20 MGD pump; and one fully modeled 48-
inch takeoff, suction can, and 30 MGD pump. The fully modeled 42-inch takeoff shall be
constructed in such a manner that the pump unit can be installed at either the 1st, 2nd,
or 3rd takeoff to evaluate the sensitivity of hydraulic conditions for various pump
locations. The fully modeled 48-inch takeoff shall be constructed in such a manner that
the pump unit can be installed at either the 4th, 5th, or 6th takeoff to evaluate the
sensitivity of hydraulic conditions for various pump locations. The remaining tees and
laterals shall include flow meters and control valves such that various pump
combinations/operating scenarios can be simulated. This model layout shall enable
characterization of a range of operating scenarios for the most efficient construction
cost. Additionally, the model shall also be constructed such that the can depth can be
varied and the impacts of a shallower can depth can be evaluated.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 39 of 46 FNI____
OWNER____
e. Physical Model Testing: The test program shall consist of three phases: baseline testing,
design development testing, and documentation testing.
i. Baseline Testing: The scope shall include a baseline test to define the general flow
characteristics within the Ray Roberts Raw Water Pump Station for an initially proposed
design and identify any adverse hydraulic phenomena approaching the pump.
Document the source and strength of vortices and make measurements to characterize
the swirl. Up to four (4) test scenarios have been assumed for the pump station for
baseline testing.
ii. Design Development Testing: The scope shall include up to three (3) design modification
iterations to the physical models using two to three test conditions for each pump
station. Conduct testing with the fully modeled assemblies described above. Analyses
of additional variations, if required, may be provided as an Additional Service.
iii. Documentation Testing: For the pump station, the scope shall include the final selected
modified design approved by FNI for four (4) test scenarios. These test scenarios shall
include four tests with the fully modeled pump assemblies described above. Collect
pump throat velocity distribution and point velocity fluctuations for one test.
f. Prepare a draft and final report including a summary of model scaling theory, a description of
the models, color photographs and graphics representing key aspects of the modeling
program, test procedures, test results, and drawings detailing recommended design
modifications. Lightly edited video clips collected during the study that offer good future
reference on the model may also be provided.
g. Review Workshops and Meetings:
i. Witness Testing: FNI will attend up to two (2) days of witness testing with the Owner to
witness the physical hydraulic model testing to assist in understanding of the hydraulic
conditions, limitations, and recommend modifications. It is assumed that the Owner
will arrange and pay for travel and accommodations needed for the Owner’s staff that
will be attending the site visits.
ii. Pump Station Physical Model Report Review Workshop with Owner: Prepare meeting
agenda and notes and attend one (1) pump station physical model report review
workshop with the Owner.
h. Deliverables:
i. Pump Station Physical Model Report: Submit one (1) electronic PDF draft copy to Owner
for review and one (1) electronic PDF final copy to Owner upon incorporation of review
comments.
7. Additional Services Per Owner Direction
a. With the direction and written authorization of the Owner, FNI will provide additional
services. FNI will prepare the requested additional services scope and effort for review by the
Owner. Upon review and approval of the additional services scope and authorization by the
Owner, FNI will execute the additional services as outlined in the furnished scope and effort
documentation.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 40 of 46 FNI____
OWNER____
b. The Owner reserves the right to authorize portions of this additional services allowance up to
the maximum limit or none at all. The effort ceiling for additional services is limited to
$203,000, unless adjusted through an executed amendment between the Owner and FNI.
ARTICLE III - ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by Owner,
which are not included in the above-described Basic or Special Services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. GIS mapping services or assistance with these services.
C. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by Owner.
D. Providing renderings, models, and mock-ups requested by the Owner.
E. Revising drawings, specifications, or other documents when such revisions are 1) not consistent
with approvals or instructions previously given by Owner or 2) due to other causes not solely
within the control of FNI.
F. Providing consultation concerning the replacement of any work damaged by fire or other cause
during the construction and providing services as may be required regarding the replacement of
such work.
G. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by Owner.
H. Providing shop, mill, field or laboratory inspection of materials and equipment.
I. Preparing data and reports for assistance to Owner in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations therefore before any regulatory agency, court, arbitration panel or
mediator.
J. Furnishing Special Inspections required under the International Building Code. These Special
Inspections are often continuous, requiring an inspector dedicated to inspection of the individual
work item, and they are in addition to General Representation and Resident Representation
services noted elsewhere in the contract.
K. 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 CMAR and/or Contractor(s).
L. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
M. 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 FNI on
a fee basis negotiated by the respective parties outside of and in addition to this Agreement.
N. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
O. Performing investigations, studies, and analyses of work proposed by construction CMAR and/or
Contractors to correct defective work.
P. Design, contract modifications, studies or analyses required to comply with local, State, Federal
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 41 of 46 FNI____
OWNER____
or other regulatory agencies that become effective after the date of this Agreement.
Q. Services required to resolve bid protests or to rebid the Projects for any reason.
R. Visits to the site more than the number of trips included in Basic Services or Special Services for
periodic site visits, coordination meetings, or contract completion activities.
S. Any services required because of default of the CMAR or the failure, for any reason, of the CMAR
to complete the work within the contract time.
T. Providing services after the completion of the construction phase not specifically listed in Basic
Services or Special Services.
U. Providing Basic or Special Services on an accelerated time schedule. The scope of this service
includes cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the Owner.
V. Providing services made necessary because of unforeseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form.
W. Providing services to review or evaluate CMAR’s claim(s), provided said claims are supported by
causes not within the control of FNI.
X. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this Professional Services Agreement.
Y. Providing data, reports or briefings to City Councils or governing boards on the status of the
Project outside of what is described in the Basic or Special Services.
Z. Designing additional facilities beyond those identified in Basic Services.
AA. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) for the Project.
BB. Providing services for pre-qualification of prospective bidders and issuing a list of eligible bidders
prior to bid opening.
CC. Construction services (general, construction management, resident project representative, etc.)
beyond the project duration or in excess of the estimated hours identified in this Scope.
DD. Management and review of excessive re-submittals by the CMAR (excessive is defined as more
than three revisions).
EE. Quality control testing including but not limited to construction materials testing, verification
testing, and other testing requirements specified in the Construction Contract Documents that
are the responsibility of the CMAR.
FF. Preparation of a Pre-Construction Notification or Individual Section 404 permit application for
submittal to the USACE.
GG. Preparation of a Jurisdictional Determination (JD) Evaluation Report.
HH. Conducting a conditional assessment (i.e., TXRAM) on waters of the U.S. potentially impacted by
the proposed project.
II. Presence/absence surveys for federally listed threatened/endangered species.
JJ. Application for Texas Parks & Wildlife Department Sand and Gravel Permit.
KK. Application for General Land Office Easement.
LL. Phase I/II Environmental Site Assessment.
MM. Conducting an Archeological or Historic Resources Survey.
NN. Other environmental services not specifically defined in this scope of services.
OO. Preparing a traffic impact analysis (TIA) for the Project.
PP. Provide multiple power distributions system configurations for evaluation. It is understood that
the plant expansion will include a dedicated distribution system separate from the existing
distribution system.
QQ. Design paralleling the existing and new generators.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 42 of 46 FNI____
OWNER____
ARTICLE IV - TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution
of this Agreement and agrees to complete the services in accordance with the following schedule:
Phase 1 - Preliminary Design 6 months from NTP
Phase 2 - Final Design Services 16 months from approved PDR
Phase 4 - Construction Phase Services 38 months from CMAR NTP
If FNI’s services are delayed through no fault of FNI, FNI shall be entitled to adjust the contract schedule
consistent with the number of days of delay. These delays may include, but are not limited to, delays in
Owner or regulatory reviews, delays in the flow of information to be provided to FNI, governmental
approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this
Agreement and in Attachment CO.
ARTICLE V - RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as
not to delay the services of FNI:
A. Owner recognizes and expects that certain Change Orders may be required. FNI recommends that
the Owner budget a minimum of 5% of the estimated project cost for construction change orders.
Further, Owner recognizes and expects that certain Change Orders may be required to be issued
as the result in whole or part of imprecision, incompleteness, errors, omission, ambiguities, or
inconsistencies in the Drawings, Specifications, and other design documentation furnished by FNI
or in the other professional services performed or furnished by FNI under this Agreement
(“Covered Change Orders”). Accordingly, Owner agrees to pay for Change Orders and otherwise
to make no claim directly or indirectly against FNI on the basis of professional negligence, breach
of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the
aggregate costs of all such approved Covered Change Orders exceed 2% for new construction and
4% for reconstruction. Any responsibility of FNI for the costs of Covered Changed Orders in excess
of such percentage will be determined on the basis of applicable contractual obligations and
professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders
will not include:
• Any costs that Owner would have incurred if the Covered Change Order work had been
included originally in the Contract Documents and without any other error or omission of FNI
related thereto,
• Any costs that are due to unforeseen site conditions,
• Any costs that are due to changes made by the Owner, or
• Any costs that are due to the CMAR.
Nothing in this provision creates a presumption that, or changes the professional liability standard
for determining if, FNI is liable for the cost of Covered Change Orders in excess of the percent of
Construction Cost stated above or for any other Change Order.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 43 of 46 FNI____
OWNER____
B. Owner will designate in writing a person to act as Owner’s representative with respect to the
services to be rendered under this Agreement. Such person shall have contract authority to
transmit instructions, receive information, interpret, and define Owner’s policies and decisions
with respect to FNI’s services for the Project.
C. Owner will provide all criteria and full information as to Owner’s requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which Owner will require to be included in the drawings and
specifications.
D. Owner will assist FNI by placing at FNI’s disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
E. Owner will arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this Agreement.
F. Owner will examine all studies, reports, sketches, drawings, specifications, proposals, and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as Owner deems appropriate for such examination and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the services of FNI.
G. Owner will submit such documents, plans and specifications to appropriate regulating agencies
and request the required approvals as expeditiously as is reasonable.
H. Owner will provide such accounting and independent cost estimating services as may be required
for the Project, such legal services as Owner may require, such auditing services as Owner may
require to ascertain how or for what purpose the CMAR has used the moneys paid under the
construction contract, and such inspection services as Owner may require to ascertain that the
CMAR is complying with any law, rule, regulation, ordinance, code or order applicable to their
furnishing and performing the work.
I. If Owner designates a person to serve in the capacity of Resident Project Representative who is
not FNI or FNI’s agent or employee, the duties, responsibilities and limitations of authority of such
Resident Project Representative(s) will be set forth in an Attachment RPR attached to and made
a part of this Agreement before the Construction Phase of the Project begins. Said attachment
shall also set forth appropriate modifications of the Construction Phase services as defined in
Article I, Phase 4, together with such adjustment of compensation as appropriate.
J. Owner will attend the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job-related meetings and substantial completion inspections and
final payment inspections.
K. Owner will give prompt written notice to FNI whenever Owner observes or otherwise becomes
aware of any development that affects the scope or timing of FNI’s services, or any defect or
nonconformance of the work of the CMAR.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 44 of 46 FNI____
OWNER____
L. Owner will assist FNI by placing at FNI's disposal all available information including previous
reports and any other data relative to the Project.
M. Owner will provide support for the daily portion of the pilot sample protocol.
N. Owner will provide water quality laboratory services for the pilot testing.
O. Owner shall bear all costs incident to compliance with the requirements of this Article V.
ARTICLE VI – COMPENSATION: The following is the breakdown of the proposed fee and in accordance
with Attachment CO.
TASK FEE COMPENSATION
TYPE
BASIC SERVICES
A. Project Management, Quality Control, and
Quality Assurance $1,314,000
Lump Sum
C. Phase 1 – Preliminary Design $1,579,000
D. Construction Manager-as-Risk (CMAR)
Coordination $306,000
E. Phase 2 – Final Design Services $10,273,000
F. Phase 3 – Bid and Procurement Services $629,000
G. Phase 4 – Construction Contract
Administration Services $2,777,000
H. Phase 5 – Post Construction Phase
Services $256,000
Total Basic Services $17,134,000
SPECIAL SERVICES
SS-C: Phase 1 – Preliminary Design Special Services
SS-C.1: Topographic Survey, LiDAR Survey,
and Photogrammetry $92,000 Cost Plus Multiplier
SS-C.2: Easement Support $47,000 Cost Plus Multiplier
SS-C.3: Geotechnical Investigation and
Geotechnical Engineer Report $189,000 Cost Plus Multiplier
SS-E: Phase 2 – Final Design Special Services
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 45 of 46 FNI____
OWNER____
TASK FEE COMPENSATION
TYPE
SS-E.1: Council Presentations and Public
Meetings $6,000 Cost Plus Multiplier
SS-G: Phase 4 – Construction Contract Administration
SS-G.1: Resident Project Representative
(RPR) $1,360,000 Cost Plus Multiplier
SS-G.2: Specialty Construction Electrical
Inspection $334,000 Cost Plus Multiplier
SS-G.3: Major Equipment Factory Witness
Testing $162,000 Cost Plus Multiplier
SS-G.4: Startup and Commissioning Services $457,000 Cost Plus Multiplier
Total Special Services $2,647,000
OTHER SERVICES RECOMMENDED OUTSIDE OF A TRADITIONAL CMAR TYPE PROJECT
SS-I.1: Treatment Process Laboratory – Jar
Testing $16,000 Cost Plus Multiplier
SS-I.2: Inclined Plate Settler and Low-
Pressure Membrane Pilot $622,000 Cost Plus Multiplier
SS-I.3: SWIFT Funding Assistance and
Regulatory Requirements $56,000 Lump Sum
SS-I.4: SWIFT Funding Assistance and SWIFT
Regulatory Assistance Environmental Data
Form
$53,000 Cost Plus Multiplier
SS-I.5:High Service Pump Station System
Curve Development $49,000 Cost Plus Multiplier
SS-I.6: Pump Station Physical Model 1 $220,000 Cost Plus Multiplier
SS-I.7: Additional Services Per Owner
Direction 2 $203,000 Cost Plus Multiplier
Total Other Special Services $1,219,000
TOTAL FEE
TOTAL FEE $21,000,000
Notes: (1) The physical model is recommended by the hydraulic institute (HI) for water pumping facilities of this size. If the
owner prefers to not proceed with the physical model, FNI will take an alternative approach of using HI guidelines
for the design. There are risks associated with this approach; however, it is an alternative that some water systems
have accepted.
(2) Use of the funds associated with this task require written approval of the requested scope and authorization by the
Owner. The Owner reserves the right to use none, a portion, or all of the funds associated with this contingency
fund.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
City of Denton, Texas
Ray Roberts WTP Expansion to 40 MGD
Engineering Scope of Services
Page 46 of 46 FNI____
OWNER____
ARTICLE VII - DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner’s Designated Representative – Stephen Gay, Water Utilities Director
901-B Texas Street
Denton, Texas 76206
(940) 349-8086
Stephen.Gay@cityofdenton.com
FNI’s Designated Representative – James Naylor, PE, BCEE
101 South Locust Street, Suite 202
Denton, Texas 76201
(214) 217-2223 [office]
(817) 874-4187 [mobile]
James.Naylor@freese.com
FNI’s Accounting Representative – Lisa Broussard
12770 Merit Drive, Suite 900
Dallas, Texas 75251
(972) 331-6021
Lisa.Broussard@freese.com
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
101 S. Locust Street, Suite 202 + Denton, Texas 76201 + 940-220-4340 + FAX 817-735-7491
GENERAL
The City of Denton (City) owns and operates the Ray Roberts Water Treatment Plant (WTP) with a
current capacity of approximately 20 MGD. The current Ray Roberts WTP is a conventional surface
water treatment plant. The City desires to expand the capacity of the Ray Roberts WTP to approximately
40 MGD through the design and construction of a parallel membrane process train. The anticipated
initial capacity of the membrane process train will be 20 MGD with space reserved for an additional 30
MGD in the future for a total of 50 MGD at full build-out of the membrane building designed for this
Project. A future expansion of an additional membrane building will provide another 40 MGD for a total
membrane capacity of 90 MGD. This will provide the City with an ultimate treatment capacity of
approximately 110 MGD from both process trains. The existing Ray Roberts Conventional WTP will
continue to operate with its current configuration. The proposed Ray Roberts Membrane WTP will
operate independently of the Ray Roberts Conventional WTP.
The Ray Roberts Membrane WTP process will generally utilize the following process elements:
•Existing Lake Ray Roberts (raw water source).
•Existing Raw Water Pump Station (shared with the Ray Roberts Conventional WTP).
•New, Parallel Raw Water Pipeline.
•New Pre-Ozone Contactor.
•New Pumped Diffusion Vault/Rapid Mix with aluminum chlorohydrate (ACH) or polyaluminum
chloride (PACl).
•New Flow Split Structure.
•New Flocculation/Sedimentation with inclined plate settlers and differential head clarifier solids
removal mechanism.
•New Membrane Feed Pump Station.
•New Low-Pressure Membrane Units with support systems.
•New Intermediate Ozone Contactor.
•New Biologically Active Filters.
TO:Kyle Pedigo
David Brown
Katherine Koch
FROM:James Naylor, PE, BCEE
Kristen Cope, PE
SUBJECT:Memorandum of Understanding to Support Exhibit A of
the Contract
PROJECT:Ray Roberts WTP Expansion to 40 MGD
DATE:April 4, 2024
CC:Erin Flanagan, PE, BCEE
www.freese.com
MEMORANDUM OF
UNDERSTANDING
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
Page 2 of 20
2
•New Transfer Pump Station.
•New Clearwell (shared with the Ray Roberts Conventional WTP).
•Existing High Service Pump Station (shared with the Ray Roberts Conventional WTP).
•Solids Handling utilizing a solids holding tank/thickener and centrifuge dewatering process.
CONSTRUCTION MANAGER AT RISK (CMAR) COORDINATION
Engineer and CMAR Coordination: FNI will conduct coordination meetings with the CMAR throughout
the project.
City, Engineer, and CMAR Coordination: FNI will conduct coordination meetings with the City and CMAR
throughout the project.
INCLINED PLATE SETTLER AND LOW-PRESSURE MEMBRANE PILOT
Pilot Procurement Package:
Coordinate with the City for Pilot Procurement Package: FNI will coordinate with the City
Department of Water Utilities and Purchasing Department to develop a procurement package
for the inclined plate settler pilot and low-pressure membrane pilot. These pilots will not be
purchased by the City, but instead they will be rented. As part of the rental agreement, the
vendors will provide the necessary data and reports to support the pilot study and submittals
to the Texas Commission on Environmental Quality (TCEQ).
Coordinate with Inclined Plate Settler Vendors: Based on the total flow needs of the low-
pressure membrane pilots, engage with up to two (2) inclined plate settler vendors to provide
pilot units.
Coordinate with Low-Pressure Membrane Vendors: Based on discussions with the City,
coordinate with up to two (2) low-pressure (microfiltration/ultrafiltration) membrane vendors.
Advertisement/Proposal Phase Services for the Pilot Units: FNI will support the City and CMAR
through the advertisement and proposal phase services for the selection of inclined plate settler
and low-pressure membrane equipment.
Develop the Inclined Plate Settler and Low-Pressure Membrane Pilot Protocol: FNI will prepare a pilot
protocol that will include the necessary operational goals, sampling and testing plan, schedule, and
aspects required by the TCEQ. As part of the development of the pilot protocol, FNI will coordinate with
the TCEQ and pilot vendors to verify that the pilot protocol meets the project requirements and goals.
FNI will review the pilot protocol with the City and submit the protocol to the TCEQ for approval.
ATTACHMENT A
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April 4, 2024
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3
Pilot Support Facilities:
Design Pilot Facilities: FNI will provide detailed design to support the inclined plate settler and
low-pressure membrane pilots. Based on discussions with the City, the proposed Ray Roberts
Membrane WTP will include pre-ozonation; therefore, the water source for the pilot will be
from downstream of the existing Pre-Ozone Contactor, but before any additional chemical feed.
Low-pressure membranes are not commonly operated with ferric sulfate; therefore, the pilot
facilities will include either an aluminum chlorohydrate (ACH) or polyaluminum chloride (PACl)
storage (tote) and feed system. This approach will provide the necessary chemical flexibility for
the pilot. In addition to the raw water supply and coagulant systems, a temporary facility will
be designed for the pilot units. The inclined plate settler pilot(s) will be located outdoors;
however, the low-pressure membrane pilot units must be protected from extreme weather
(i.e., direct sun and freezing conditions). Temporary power and piping systems will be provided.
The membrane filtrate, backwash, and chemical cleaning system streams will be returned to
the existing Washwater Recovery Basin and recycled to the head of the Ray Roberts
Conventional WTP. The low-pressure membrane pilot will require that low-pressure vendors
seek alternatives to citric acid, which is commonly used in low-pressure membrane clean-in-
place systems. Recycling the citric acid waste will significantly impact the coagulation process.
Advertisement/Proposal Phase Services for the Pilot Facilities: FNI will support the City and
CMAR through the advertisement and proposal phase for the construction of the pilot facilities.
Construction Phase (General Representation) Services for the Pilot Facilities: FNI will support
the City and CMAR through the construction phase for the construction of the pilot facilities.
Execute Pilot:
Coordinate with Pilot Vendors: FNI will coordinate with the inclined plate settler and low-
pressure membrane vendors for the delivery and installation of the pilots. The vendors will be
responsible for setting up their respective pilot units. The general contractor selected for the
construction of the pilot facilities will be responsible for offloading and loading the pilots.
Execute the Pilot Protocol: FNI will coordinate with the pilot vendors to execute the pilot per
the TCEQ approved pilot protocol. Should adjustments be needed to the protocol over the
course of the pilot, FNI will coordinate with the vendors and TCEQ.
Field Support during the Pilot: FNI will make trips as identified in Exhibit A to review the status
of the pilot.
Water Quality and Sampling Support: FNI will coordinate with the City of Denton water quality
testing laboratory and will execute the weekly and monthly portion of the sample protocol of
the approved pilot protocol. The City will provide support for the daily portion of the sample
protocol. The water quality testing laboratory is assumed to be the City of Denton laboratory.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
Page 4 of 20
4
Inclined Plate Settler and Low-Pressure Membrane Pilot Report: FNI will prepare a pilot report
based on the data collected from the pilot. FNI will coordinate with the City for review of the
report prior to submission to the TCEQ. This report will provide the design parameters for the
full-scale project.
BASIS OF DESIGN AND PRELIMINARY DESIGN REPORT (LEVEL I/20-30%)
Basis of Design and Preliminary Design Report: FNI will prepare a basis of design and preliminary design
report for the Project. This report will identify the necessary improvements for the expansion, design
criteria used for the design, and prepare preliminary process and instrumentation diagrams (P&IDs),
relevant one-line diagrams, process layouts, and a 3D model overview.
Raw Water Pump Station:
The raw water pump station (RWPS) is currently equipped with three vertical turbine
pumps. Based on the nameplate data, the pumps have a capacity of 20.0 MGD (P-RW-1
and P-RW-2, 200 HP) and 12.25 MGD (P-RW-3, 125 HP). The current firm capacity of the
raw water pump station is approximately 32.25 MGD. With an anticipated total
treatment raw water need of 40 to 50 MGD, the existing RWPS does not have the
necessary pumping capacity for the expansion. Based on a preliminary desktop
evaluation of the existing RWPS and pump cans using the current Hydraulic Institute
standards, the existing cans are limited to supporting a pump with a capacity of
approximately 20 MGD. At the ultimate capacity buildout, the RWPS will be expanded
to support up to an additional three vertical pumps, for a total of six pumps. As part of
the Project, P-RW-1 and P-RW-2 will be re-built, and P-RW-3 will be replaced with a
larger capacity pump. The RWPS building will be expanded to accommodate the
ultimate capacity, but only one additional pump (P-RW-4) will be designed as a means
to provide the City with the necessary firm capacity to deliver the expanded raw water
capacity to the RRWTP. FNI will include provisions in the contract drawings for the pump
cans to be cleaned of accumulated materials.
The existing butterfly valves and electric motor operators at the raw water pump
station will be replaced. The electric motor operators will match those specified on the
Ray Roberts Water Treatment Plant (RRWTP) Capacity Re-Rate and Performance
Improvements project, including the use of a centralized control and processing unit for
the electric motor operators.
The instrumentation associated with the RWPS (turbidity, pH, wet well level, and raw
water flow) will be replaced.
The fiber optic communication connection between the Ray Roberts WTP and the RWPS
will be replaced.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
Page 5 of 20
5
The existing unit heaters and fans and louvers at the RWPS will be replaced.
The existing RWPS easement from the USACE will be modified as part of these
improvements.
Raw Water Pump Station Electrical Building:
The switchgear, motor control center, and adjustable frequency drives within the
existing electrical building will be replaced with new equipment. FNI will design an
expansion to the existing Raw Water Pump Station Electrical Building to support the
expanded RWPS and for future RWPS electrical equipment. The materials of
construction and approach to the Raw Water Pump Station Electrical Building Extension
will be similar to the existing Raw Water Pump Station Electrical Building.
Improvements to accommodate a new, separate Electrical Building will be considered
an Additional Service.
The existing underground electrical service will be upgraded to support the RWPS
expansion.
In addition to replacing the electrical gear, the air conditioning system for the building
will be replaced.
The PLC at the RWPS will be expanded the handle the additional I/O for the new VFDs.
The existing RWPS easement from the USACE will be modified as part of these
improvements.
Raw Water Pipeline:
FNI will design a parallel raw water pipeline from near/at the Raw Water Pump Station
to the Ray Roberts Membrane WTP. The design will include a dedicated raw water flow
meter and flow control valve.
The existing raw water pipeline will be modified to include a flow control valve and new
raw water flow meter dedicated for the Ray Roberts Conventional WTP.
Additional easements may be required. Procurement of these easements will be
considered an Additional Service.
Pre-Ozone Contactor:
FNI will design a Pre-Ozone Contactor dedicated to the Ray Roberts Membrane WTP.
The Pre-Ozone Contactor will be designed to accommodate future expansion needs.
The Pre-Ozone Contactor configuration will be similar to the existing contactors;
however, ozone will be delivered through the use of a side-stream injection process
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
Page 6 of 20
6
instead of diffusers. Ozone destruct units and vacuum relief valves will be designed for
the Pre-Ozone Contactor.
The instrumentation for the Pre-Ozone Contactor will include a closed-loop ozone
residual analyzer system to monitor the ozone residual throughout the Pre-Ozone
Contactor, and ambient-ozone analyzers will be included within the gallery for
personnel safety.
A PLC or remote I/O PLC will also be provided in the Pre-Ozone Contactor.
The Pre-Ozone Contactor gallery will be heated and ventilated.
Pumped Diffusion Vault/Rapid Mix:
A Pumped Diffusion Vault/Rapid Mix system dedicated to the Ray Roberts Membrane
WTP will be designed. The rapid mix arrangement will be based on a side-stream pump
and nozzle arrangement to introduce significant mixing energy in the raw water pipeline
near the coagulant injection location. The pumped diffusion/rapid mix system will be
designed to accommodate flows from approximately 2 MGD to approximately 90 MGD.
Raw water instruments such as pressure and turbidity will be included.
The Pumped Diffusion Vault will be heated and ventilated.
Flow Split Structure:
The Flow Split Structure will be designed to support expansions up to 90 MGD and this
Project will include the initial portion of the structure to accommodate the Ray Roberts
Membrane WTP.
The intent is for this structure to be open top with removable grating to facilitate access
for future maintenance and cleaning.
The Flow Split Structure will utilize adjustable weir gates (electrically motor operated).
A level element will be provided at the Flow Split Structure to measure the head over
the weirs. A flow meter will be provided for each train for process control and flow
pacing.
Flocculation/Sedimentation Basins:
The Flocculation/Sedimentation Basins will be designed for a capacity of approximately
10 MGD per basin.
The flocculation system will utilize vertical shaft flocculator mechanisms.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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7
The sedimentation basins will utilize inclined plate settlers operating at a higher surface
overflow rate (SOR) than allowed by TCEQ for sedimentation basins. As a result of this
design approach, data from the inclined plate settler pilot will be submitted to TCEQ for
review and approval. The TCEQ may require a full-scale demonstration pilot to verify
the inclined plate settler performance. A full-scale demonstration study will be provided
as a Special Service.
The sedimentation basins solids removal system will be based on a differential head
clarifier mechanism.
Sedimentation Basin Solids Pump Station:
The Project will include a Sedimentation Basin Solids Pump Station designed for the
current Project but will be readily expandable for future needs. This pump station will
transfer solids to the solids handling facilities.
The pump station will be based on the use of submersible centrifugal pumps designed
to handle water treatment solids and utilize adjustable frequency drives.
Membrane Feed Pump Station:
The Membrane Feed Pump Station will be based on the use of vertical turbine/propeller
pumps in an open pump station configuration. These pumps will be sized based on input
from the selected low-pressure membrane manufacturer. This pump station will be
designed to be expandable with slots for additional pumps to account for future
expansion needs.
The Membrane Feed Pump Station will be designed with a pressure relief system to
protect the low-pressure membranes from pressure surges.
The wetwell level will be monitored by a level instrument. The pumps will be operated
by adjustable frequency drives.
Administration/Operation/Low-Pressure Membrane Building:
The Administration/Operation/Low-Pressure Membrane Building will include multiple
process areas and occupied spaces. The Administration/Operation/Low-Pressure
Membrane Building will be designed to accommodate the low-pressure membrane
system components for up to 50 MGD of membrane treatment capacity. The initial low-
pressure membrane system will have a 20 MGD capacity with subsequent expansions
of modular membrane units phased in to reach a total capacity of 50 MGD; however,
the full building will be constructed as part of this Project with space reserved for the
future membrane units. A future expansion of an additional membrane building will
provide another approximately 40 MGD membrane system for a total membrane
capacity of 90 MGD in the future.
ATTACHMENT A
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April 4, 2024
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8
The building will be a two-story structure to provide the areas identified below. The
primary building construction will be concrete masonry units (CMU) with a veneer and
metal roof.
To provide accessibility, the building will be equipped with an elevator.
The building will be equipped with a fire alarm system and fire suppression systems (dry
and wet types), as required by the City Building Code.
Membrane Process Area:
The Membrane Process Area will house the pre-membrane strainers in an N+1
configuration to meet the current Project needs while being readily expandable
to 50 MGD in a future phased membrane expansion.
The low-pressure membrane units will be designed in an N+1 configuration to
meet the current Project needs while being readily expandable to 50 MGD in
the future.
The low-pressure membrane clean-in-place (CIP) system will be designed to
support up to 50 MGD of membrane capacity. The CIP system will utilize sodium
hydroxide (caustic), sodium hypochlorite, and an acid. The caustic storage
system will be based on the use of a small storage tank and a transfer pump at
the Ray Roberts WTP caustic bulk storage. The sodium hypochlorite system will
be based on the use of a small storage tank and a transfer pump at the Ray
Roberts WTP Disinfection Building. Acid storage will be based on the use of
totes. A dechlorination agent will be included with the CIP system to neutralize
the chlorine residual in the spent CIP solution. In addition to these chemical
systems, this process area will include an automatic spent CIP solution
neutralization system, recirculation system, and a water softener to support
the caustic CIP process.
A bridge crane will be designed for the Membrane Process Area to support
maintenance and operational needs in the area.
Grating and pipe racks will be designed to provide ease of maintenance at the
strainers.
Grating and pipe racks will be designed for the low-pressure membrane system
piping and access.
The Main Process Area will be heated and ventilated. Air conditioning systems
are not included as part of the Basic Services and the design of those systems
is considered an Additional Service.
ATTACHMENT A
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Emergency eyewash/showers will be provided. The emergency plumbing
fixtures will include a tepid water system.
Air Compressor/Blower Room:
The Air Compressor/Blower Room will house the air compressors and blowers
in an N+1 configuration to meet the current Project needs while being readily
expandable to 50 MGD in the future.
The Air Compressor/Blower Room will be air conditioned for heat load
mitigation.
Electrical/Programmable Logic Controller (PLC) Room:
The Electrical/PLC Room will house the electrical switchgear and motor control
center for the Project.
A dedicated low-pressure membrane PLC and a Ray Roberts Membrane WTP
PLC will be designed for this room.
The room will be sized to support up to 50 MGD in future expansions.
The Electrical/PLC Room will be air conditioned for heat load mitigation.
A dry type fire suppression system will be installed in this room.
Occupied Space:
Operations/Control Room (2nd Floor):
Provide one (1) Operations/Control Room that will be located on the
second floor and overlook the Membrane Process Area. Windows and
doorways to be provided to view and access the Membrane Process
area.
Server Room (2nd Floor):
Provide one (1) dedicated and secured server room as part of the
Project to house the necessary network switches and servers. A dry
type fire suppression system will be installed in this room.
The server and network switches housed within the Server Room will
support the Ray Roberts Membrane WTP and will be connected to the
server and network for the Ray Roberts Conventional WTP. The existing
server and workstations for the Ray Roberts Conventional WTP will
remain at the existing Administration/Operations Building.
ATTACHMENT A
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10
Operations Laboratory (2nd Floor):
An Operations Laboratory will be provided as part of the Project.
A fume hood will be designed as part of the Operations Laboratory to
allow for chemical storage and analysis. Lab wastes will be collected
and passed through an acid neutralization system prior to onsite
disposal.
Male Restroom (2nd Floor):
Plumbed for water closets and sinks. Sanitary waste will be collected
and pumped to an on-site sewage facility.
Female Restroom (2nd Floor):
Plumbed for water closets and sinks. Sanitary waste will be collected
and pumped to an on-site sewage facility.
Records Room (2nd Floor):
A Records Room will be provided as part of the Project.
Offices and Cubicles (2nd Floor):
Provide space for up to four (4) offices.
Provide space for up to four (4) cubicles.
Male Restroom, Lockers, and Showers (1st Floor):
Plumbed for water closets, sinks, and showers. Sanitary waste will be
collected and pumped to an on-site sewage facility.
Female Restroom, Lockers, and Showers (1st Floor):
Plumbed for water closets, sinks, and showers. Sanitary waste will be
collected and pumped to an on-site sewage facility.
Meeting/Training Room (1st Floor):
The Administration/Membrane Building will include a multi-purpose
Meeting/Training Room. The Meeting/Training Room will be equipped
with an ice maker and coffee maker.
Small Conference Room:
A smaller staff conference room will be included in the occupied space
area.
Offices (1st Floor):
The Project will include up to four (4) offices.
ATTACHMENT A
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Break Room (1st Floor):
A break room will be designed to include plumbing for a sink, ice maker,
dishwasher, freezer/refrigerator.
The breakroom will also include an oven/range with externally
exhausted hood.
Intermediate Ozone Contactor:
FNI will design an Intermediate Ozone Contactor dedicated to the Ray Roberts
Membrane WTP. The Intermediate Ozone Contactor will be designed to accommodate
future expansion needs. The Intermediate Ozone Contactor configuration will be similar
to the existing contactors; however, ozone will be delivered through the use of a side-
stream injection process instead of diffusers. Ozone destruct units and vacuum relief
valves will be designed for the Intermediate Ozone Contactor.
The instrumentation for the Intermediate Ozone Contactor will include a closed-loop
ozone residual analyzer system to monitor the ozone residual throughout the
Intermediate Ozone Contactor and ambient-ozone analyzers within the gallery for
personnel safety.
A PLC or remote I/O PLC will also be provided in the Intermediate Ozone Contactor.
The Intermediate Ozone Contactor gallery will be heated and ventilated.
Biologically Active Filters:
The Project will include Biologically Active Filters to allow the City to remove the
assimilable organic carbon formed as a result of the ozonation process. An overall
strategy will be developed for the site to accommodate up to 90 MGD of Biologically
Active Filter treatment capacity for the membrane process train; however, the Project
will only include the necessary components for this Project’s design capacity.
The Biologically Active Filters will be located downstream of the low-pressure
membrane system; therefore, they will be designed as enclosed filters (not open to the
atmosphere).
A Membrane Train Filter Control Kiosk will be installed above the filter structure. The
kiosk will include multiple filter control consoles to operate the SCADA system. The
kiosk will be air conditioned.
Each filter will be equipped with a level indicator, flow meter, differential pressure
indicator, and online turbidity analyzer.
The pipe gallery will be heated and ventilated.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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12
Biologically Active Filters Electrical Building:
The project will include a new electrical building to house the electrical switchboard,
panelboards and PLCs for the new Biologically Active Filters and Filter blowers.
Multiple PLCs will be provided for the Filters located in the Electrical Building.
This building will be air conditioned for heat load mitigation.
Biologically Active Filters Blower Building:
A new Biologically Active Filter Blower Building will be designed to house two blowers.
These blowers will be dedicated to the Ray Roberts Membrane WTP Biologically Active
Filters.
The building will be air conditioned to mitigate heat load.
Transfer and Biologically Active Filters Backwash Pump Station:
The proposed Transfer and Biologically Active Filter Backwash Pump Station will provide
the means to lift the Biologically Active Filter filtrate to the clearwells. The design will
accommodate up to approximately 90 MGD of transfer capacity; however, it will only
be equipped with pumps for this Project with slots available for future expansions.
In addition to the transfer pumps, backwash pumps will be included at the pump
station. These backwash pumps will be dedicated to the Biologically Active Filters for
the Ray Roberts Membrane WTP.
This pump station will be an open configuration with no building.
The pump station wet well level will be monitored with a level indicator and the pumps
will be controlled by adjustable frequency drives.
Existing Transfer Pump Station:
No work will be performed at the existing transfer pump station.
Transfer Pump Station Electrical Building:
The project will include a new electrical building to house the electrical switchboard
and adjustable frequency drives for the new transfer pump station and filter backwash
pumps. A PLC will be provided in the electrical building as well.
This building will be air conditioned for heat load mitigation.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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13
Clearwell:
The Ray Roberts WTP is currently equipped with one (1) 6-million-gallon (MG) ground
storage tank (clearwell). The Project will include the design of an additional pre-stressed
concrete 6-MG clearwell.
High Service Pump Station:
The Project will include the design of two (2) high service pumps in the open pump cans
along with valve and piping improvements to support the installation of the pumps. FNI
will include provisions in the contract drawings for the existing pump cans to be cleaned
of accumulated materials.
The existing two (2) 1000 HP high service pump motors are non-inverter duty rated and
will be replaced with inverter duty rated motors.
Hydraulic control valves are utilized for the four (4) existing pumps, and new hydraulic
control valves will be utilized for the two (2) new high service pumps. There is an
existing hydraulic oil accumulator that serves the existing pump control valve with
piping installed for connection to the new high service pump control valves. It is
assumed based on the age of the existing accumulator that the unit will need to be
reconditioned as part of the Project. The hydraulic oil accumulator can be replaced as
an Additional Service.
The heating and ventilation system of the High Service Pump Station will be replaced to
mitigate heat accumulation in the building.
High Service Pump Station Electrical Building:
The High Service Pump Station Electrical Building will be expanded to accommodate the
adjustable frequency drives for the additional high service pumps.
The PLC will be expanded to handle the additional I/O for the new adjustable frequency
drives.
The air conditioning system for the High Service Pump Station Electrical Building will be
expanded to continue to mitigate the heat load associated with the electrical gear and
adjustable frequency drives.
Membrane WTP Main Drain Sump Pump Station:
The Project will include a Main Drain Sump Pump Station designed for the current
Project but will be readily expandable for future needs. This pump station will transfer
process drain water to the Backwash Equalization and Recycle Systems or the Solids
Handling Systems.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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14
The pump station will be based on the use submersible centrifugal pumps designed to
handle water treatment solids and utilize adjustable frequency drives.
Spent Backwash Equalization and Recycle Pump Station:
A second spent backwash equalization basin will be designed to operate in parallel with
the existing Spent Backwash Equalization Basin (Washwater Reclamation Basin).
The Recycle Pump Station will be designed to accommodate the Project and be readily
expandable to accommodate future growth. The pump station will be based on the use
of submersible centrifugal pumps designed to handle water treatment solids and utilize
adjustable frequency drives.
A parallel recycle pipeline will be designed from the proposed Recycle Pump Station to
the raw water pipeline serving the Ray Roberts Conventional WTP.
Solids Handling – Solids Equalization/Thickener and Thickened Solids Pump Station:
A solids equalization/thickener will be designed to accommodate the solids from the
Sedimentation Basin Solids Pump Station at the Ray Roberts Membrane WTP. Solids
associated with the Ray Roberts Conventional WTP will not be incorporated into the
design of the Project.
The feed pump system from the Equalization/Thickener to the dewatering equipment
will be based on the use of constant speed submersible centrifugal pumps designed to
handle water treatment solids. This feed pump system will be an open configuration
with no building. Design of a different type of pump system will be considered an
Additional Service.
Solids Handling – Dewatering Building:
The design will determine the needs for the current Project and to accommodate a
membrane process buildout capacity of approximately 90 MGD. The design will include
building and equipment components to support the Ray Roberts Membrane WTP
solids. Solids associated with the Ray Roberts Conventional WTP will not be
incorporated into the design of the Project.
Dewatering and Polymer Storage/Feed Area:
The dewatering process area of the Dewatering Building will house the
centrifuges and solids conveying equipment.
The polymer totes and dosing system will be located in a designated area of the
Dewatering Building.
The area will be ventilated and heated.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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15
Electrical and PLC Room:
The electrical and PLC room will house the electrical gear and PLC for the
dewatering and support systems.
This room will be air conditioned for heat load mitigation.
Dewatered Solids Area:
The dewatered solids area will be based on the use of roll-off dumpsters that
the City solids waste vendor utilizes. Conveyors will be designed to transport
solids from the dewatering equipment to the roll-off dumpsters.
This area will be open to the outdoors; however, it will be shielded from
precipitation and significant weather events.
Chemical Systems – Ozone Generation Building:
The existing ozone generation equipment will be replaced to support the existing Ray
Roberts Conventional WTP and the Ray Roberts Membrane WTP. A strategy will be
developed to allow for modular expansion of the generation facility through the
addition of ozone generators.
The existing motor control center and electrical gear associated with the Ozone
Generation Building will be replaced.
The existing air conditioning systems for the Ozone Generation Building will be
replaced.
Chemical Systems – Liquid Oxygen Storage and Vaporizers:
The liquid oxygen storage and vaporizer system will be expanded to account for the
additional treatment capacity of this Project. It is assumed that the existing liquid
oxygen storage and vaporizer system are in good condition and will remain in place.
Replacement of the existing liquid oxygen storage and vaporizer system will be
considered an Additional Service.
Chemical Systems – Existing Bulk Storage Containment:
No work will be performed in the existing chemical bulk storage containment area.
Chemical Systems – Existing Chemical Feed Room:
No work will be performed in the existing chemical feed room.
Chemical Systems – New Bulk Storage Containment:
The Project will include the design for new chemical storage and containment for the
Membrane WTP.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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16
FNI will design a new coagulant storage and cast-in-place concrete containment
structure.
FNI will design a new caustic storage and cast-in-place concrete containment structure.
Emergency eyewash/showers will be provided. The emergency plumbing fixtures will
include a tepid water system.
Chemical Systems – New Chemical Feed Building:
Chemical Feed Area:
The Project will include the design for a coagulant feed system for the
Membrane WTP.
The Project will include the design for a caustic feed system for the Membrane
WTP. In addition, a caustic transfer pump will be designed to pump caustic from
the Membrane WTP caustic storage area to the Administration/Membrane
Building CIP Area.
Emergency eyewash/showers will be provided. The emergency plumbing
fixtures will include a tepid water system.
The area will be ventilated and heated.
Electrical/PLC Room:
The electrical equipment and PLC for this area will be located in this dedicated
room.
The room will be air conditioned.
Chemical Systems – Existing Disinfection Building:
Two bulk sodium hypochlorite storage tanks will be added to the existing Disinfection
Building.
The sodium hypochlorite feed system will be expanded to support the Project.
The liquid ammonium sulfate feed system will be expanded to support the Project.
The PLC will be expanded to handle the additional I/O.
Chemical Systems – Liquid Ammonium Sulfate Containment:
No work will be performed at the liquid ammonium sulfate containment.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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17
Existing Main Electrical Building No. 1:
Expand and modify the existing main switchgear based on the Main Power Distribution
and Emergency Power Generation evaluation.
Replace existing air conditioning systems.
New Main Electrical Building No. 2 and Generators:
Design a new Main Electrical Building to support the current and future expansions. The
Main Electrical Building No. 2 will be designed to back feed the existing Main Electrical
Building to support the future replacement of the existing electrical gear. New
generator(s) will be designed to power the facilities associated with the plant
expansion.
A dedicated PLC and low-voltage electrical room will be provided within the Main
Electrical Building No. 2.
Both rooms of the Main Electrical Building No. 2 will be air conditioned.
Maintenance and Electrical Shop:
A new Maintenance and Electrical Shop will be designed as part of the Project.
Process Mechanical Maintenance Area:
The process mechanical maintenance area will be an area for spare parts
storage, rebuilding of pumps and process equipment, and other activities
associated with the maintenance of the WTP.
The process mechanical maintenance area will be ventilated and heated.
Ventilation will be designed to accommodate welding.
Process Mechanical Maintenance Office Area:
The process mechanical maintenance office area will include one (1) office and
an arrangement for up to four (4) cubicles.
This area will be air conditioned.
Electrical and Instrumentation Maintenance Area:
The electrical and instrumentation maintenance area will be an area for spare
parts storage, rebuilding of motors, and other activities associated with the
maintenance of the WTP.
The electrical and instrumentation area will be ventilated and heated.
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
April 4, 2024
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Electrical and Instrumentation Spare Part Storage Room:
The electrical and instrumentation spare part storage room will be a space
dedicated for electrical and instrumentation components that require climate-
controlled storage.
This area will be air conditioned.
Electrical and Instrumentation Office Area:
The electrical and instrumentation office area will include one (1) office and an
arrangement for up to four (4) cubicles.
This area will be air conditioned.
Unisex Restroom:
A single unisex restroom will be included as part of the Maintenance and
Electrical Shop. Sanitary waste will be collected and pumped to an on-site
sewage facility.
Miscellaneous Electrical:
The site electrical distribution transformers and feeders will be designed for all
expansion facilities.
FNI will coordinate with the power utility about closed transition (“make before break”)
generators and main electrical gear serving the facilities associated with the expansion.
The design will include items on the City’s side to accommodate the closed transition
approach.
Miscellaneous Instrumentation and Control:
The fiber network will be expanded to accommodate the Project components. Where
possible, the fiber network will be designed as a loop utilizing the existing fiber and
switches where possible.
FNI will coordinate with the City’s security contractor regarding door access controls
and camera systems.
The City has requested remote human-machine interface (HMI) clients at each major
process location to allow operators to control all plant operations as needed. This will
allow an operator to conduct their rounds to respond to plant alarms and make changes
immediately versus returning to the operator control room to mitigate any critical
issues. These clients will require operator-specific logins with automatic logout for
security.
ATTACHMENT A
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April 4, 2024
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19
The following PLC will be replaced as part of the Project:
•HSPS Electrical Room PLC (PLC-04)
Miscellaneous Yard Piping and Civil:
The following vaults are anticipated as part of the yard piping improvements:
•Conventional WTP Flow Meter Vault
•Conventional WTP Flow Control Valve Vault
•Membrane WTP Flow Meter Vault
•Membrane WTP Flow Control Valve Vault
•Membrane WTP Transfer Pump Station Ammonia Injection Vault
DETAILED DESIGN (LEVEL II/50-60%, LEVEL III/80-90%, and Issued for Bid/100%)
FNI will provide detailed design services for the items outlined above.
ADVERTISEMENT AND PROPOSAL PHASE
FNI will support the City and CMAR through the advertisement and proposal phase of the Project,
including early out packages identified in the Scope of Services.
CONSTRUCTION SERVICES – GENERAL REPRESENTATION
FNI will provide general construction representation throughout the construction phase. FNI will utilize
the City’s PMIS software, Procore.
CONSTRUCTION CONTRACT ADMINISTRATION – RESIDENT PROJECT REPRESENTATION AND SPECIALTY
CONSTRUCTION ELECTRICAL INSPECTIONS
FNI will provide a resident project representative and a specialty construction electrical inspector to
support the City’s project manager and field inspection team.
FACILITY STARTUP AND COMMISSIONING
The CMAR will prepare a startup and commissioning plan for review by the City and FNI prior to the
startup phase. Based on input from the City and FNI, the startup and commissioning plan will be revised
and used as a guide to verify that the processes are successfully started and commissioned.
OPERATION AND MAINTENANCE MANUAL
FNI will prepare an operation and maintenance manual based on the equipment operation and
maintenance manuals and the design intent of the Membrane WTP.
ATTACHMENT A
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April 4, 2024
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20
GEOTECHNICAL ENGINEERING SERVICES
FNI will conduct geotechnical engineering services as outlined in the Scope of Services to support the
design of the project.
SURVEY
FNI will conduct topographic and surface survey of the Ray Roberts WTP to support the Project design.
In addition, LiDAR and Matterport may be utilized when coordinating and designing improvements to
existing facilities.
UNITED STATES ARMY CORPS OF ENGINEERS COORDINATION
FNI will coordinate with the United States Army Corps of Engineers (USACE) regarding the Raw Water
Pump Station and raw water pipeline improvements. It is assumed that an easement modification will
be required to accommodate the Project components.
ENVIRONMENTAL SERVICES
FNI will provide environmental services necessary to support the USACE coordination and funding
applications.
FUNDING SUPPORT SERVICES
FNI will support the City with the SWIFT application and post application SWIFT program compliance as
well as compliance with the TWDB’s rules on using a CMAR delivery.
//
ATTACHMENT A
Docusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
COMPENSATION
Hourly Rate
Position Min Max
Professional 1 94 188
Professional 2 126 206
Professional 3 144 314
Professional 4 166 342
Professional 5 245 371
Professional 6 249 461
Construction Manager 1 123 173
Construction Manager 2 126 213
Construction Manager 3 159 213
Construction Manager 4 184 278
Construction Manager 5 220 324
Construction Manager 6 292 386
Construction Representative 1 83 98
Construction Representative 2 98 126
Construction Representative 3 134 202
Construction Representative 4 134 202
CAD Technician/Designer 1 90 130
CAD Technician/Designer 2 108 213
CAD Technician/Designer 3 141 270
Corporate Project Support 1 76 170
Corporate Project Support 2 87 249
Corporate Project Support 3 108 360
Intern / Coop 58 101
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 Ultrasonic Thickness Guage (per day)$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:
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.
These ranges and/or rates will be adjusted annually in February. Last updated 2024.
360022024
ATTACHMENT ADocusign Envelope ID: 189B4565-A54B-47CB-A754-97C898BEC660
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: 189B4565-A54B-47CB-A754-97C898BEC660
Freese and Nichols, Inc.
9/30/2024
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: 189B4565-A54B-47CB-A754-97C898BEC660
Certificate Of Completion
Envelope Id: 189B4565A54B47CBA75497C898BEC660 Status: Completed
Subject: Please DocuSign: City Council Contract 7574-029 RRWTP Expansion
Source Envelope:
Document Pages: 89 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
9/26/2024 1:54:44 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 9/26/2024 1:59:47 PM
Viewed: 9/26/2024 1:59:58 PM
Signed: 9/26/2024 2:00:32 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: 9/26/2024 2:00:35 PM
Viewed: 9/26/2024 2:08:09 PM
Signed: 9/26/2024 2:09:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 9/26/2024 2:09:41 PM
Viewed: 9/26/2024 4:55:12 PM
Signed: 9/26/2024 7:17:12 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
James Naylor
james.naylor@freese.com
Principal/Vice President
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 198.211.208.110
Sent: 9/26/2024 7:17:16 PM
Viewed: 9/27/2024 3:37:03 PM
Signed: 9/30/2024 8:19:02 AM
Electronic Record and Signature Disclosure:
Accepted: 9/27/2024 3:37:03 PM
ID: fda11318-c327-4533-8e75-8f0b3eda4e70
Signer Events Signature Timestamp
Stephen D Gay
stephen.gay@cityofdenton.com
Director Water Utilities
Water Utilities
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 9/30/2024 8:19:06 AM
Viewed: 9/30/2024 8:25:41 AM
Signed: 9/30/2024 8:34:56 AM
Electronic Record and Signature Disclosure:
Accepted: 9/30/2024 8:25:41 AM
ID: 28384d8c-0884-4442-a1bd-ea2c90aa277c
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: 9/30/2024 8:35:00 AM
Viewed: 10/23/2024 9:04:35 AM
Signed: 10/23/2024 9:05:58 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: 10/23/2024 9:06:01 AM
Viewed: 10/23/2024 9:10:04 AM
Signed: 10/23/2024 9:10:14 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 10/23/2024 9:10:17 AM
Viewed: 10/23/2024 10:20:35 AM
Signed: 10/23/2024 10:20:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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: 9/26/2024 2:00:34 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: 9/30/2024 8:34:59 AM
Viewed: 10/1/2024 9:38:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 10/23/2024 10:20:56 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Brown
David.Brown@cityofdenton.com
Project Manager Water Utilities
Security Level: Email, Account Authentication
(None)
Sent: 10/23/2024 10:20:57 AM
Electronic Record and Signature Disclosure:
Accepted: 10/8/2024 8:53:19 AM
ID: 5b3c3699-eb76-469f-97f1-ee962ebffd19
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/26/2024 1:59:47 PM
Envelope Updated Security Checked 9/27/2024 3:09:56 PM
Certified Delivered Security Checked 10/23/2024 10:20:35 AM
Signing Complete Security Checked 10/23/2024 10:20:53 AM
Completed Security Checked 10/23/2024 10:20:57 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: James Naylor, Stephen D Gay, David Brown
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
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.