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SecondAmendmenttoAgreementɋoriginalisattached07/10/17JR
ThirdAmendmenttoAgreementɋOrdinanceNo.18166710/16/18JR
FourthAmendmenttoAgreementɋOrdinanceNo.1984004/23/19JR
o�rNaNCE No. 2012-147
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS, INC.
FOR ENGINEERING SERVICES RELATING TO THE NORTH-SOUTH WATER LINE PHASES
II AND III PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4978—AWARDED
TO FREESE AND NICHOLS,INC. IN THE AMOUNT OF $435,701).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the m�imum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Freese and Nichols, Inc. to provide professional engineering and related services for the
North-South Phase II and Phase III project, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to talce any actions that may be required or permitted to be performed by the City of Denton
under File 4978 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / 7� " day of �(, ,2012.
MARK A. BURR6IJGI��.�1�IAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
SY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � . - � � -
4-ORD- ��8
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the �� day of ,
20 /Z , by and between the City of Denton, Texas, a Texas municipal corporation, th its incipal
office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner"
and Freese and Nichols, Inc., with its corporate office at 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109 hereinafter called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree
as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The City of Denton North-South Water Main Phases II and III Project (the Project) will include
the preparation of construction documents for the following facilities:
Phase II of the water main along the proposed Bonnie Brae Roadway improvements. The
36" pipeline will extend from the e�sting 24" water main at Roselawn Road up to the
TxDOT facility at the intersection of northbound IH35E Service Road and Bonnie Brae
Road, with the pipeline being within the Bonnie Brae Road proposed R.O.W. The project
will also include connection to the existing 16" water main near FM 1515 and extension of a
30" water main from the 36" pipeline to the intersection of Corbin Road and e�sting Bonnie
Brae Road. It is anticipated that this Phase II pipeline project will be included in the
construction project for the proposed Bonnie Brae Roadway improvements.
Phase III of the 36" water main from the T�OT facility at the intersection of northbound
IH35E Service Road and Bonnie Brae Road to the future connection point of the discharge
line of the future McKenna Park Pump Station Improvements. A schematic layout of the
McKenna Park Pump Station site and schematic alignment evaluation of three options for the
Phase III pipeline will be perfortned, from which information the fmal design of the pipeline
will be prepared. It is anticipated that this Phase III pipeline will be bid out as a stand-alone
construction contract, separate from the Phase II pipeline.
The existing Geotechnical report prepared by Landtec for Bonnie Brae South will be
utilized for the pipeline design and the corrosion protection design for the Phase II
pipeline along Bonnie Brae South. Geotechnical services are included for the Phase
III pipeline route in this proposal by Landtec, assuming the longest anticipated route.
The existing Survey for Bonnie Brae South, by Graham and Associates, will be utilized for
the Phase II pipeline design, and easement costs are included on an as needed basis. As a
base cost, we have assumed temporary construction easements and permanent easements for
the Corbin tie-in and at the T�ot yard. Additional easements can be provided, if needed, at
the unit prices given. Survey is included for crossing IH-35E and stopping at T�OT's front
yard. Also, sttrvey and easement preparation costs for Phase III will be requested from
Graham and provided to the City once a desired pipeline route has been selected for Phase III
in the future, and the fee for this survey is not currently included in this contract proposal.
It is understood that the environmental investigations and permitting for the Bonnie Brae
Roadway improvements project will cover all environmental permitting needs for the Phase
II pipeline. No environmental investigations or permitting are included in this contract for
the Phase II pipeline. An environmental "desktop" review for the Phase III schematic
alignment study is included as indicated in Article II Item B of E�iibit A.
Page 1
Revised 5-30-02
The Project will include design and preparation of construction documents for the water line alignments
listed above with assistance from the City of Denton. A bid package will be prepared for the construction
of this Phase described above. If a portion of the project is split into a separate construction project, then
additional compensation will be allowed at the fee specified.
SECTION 2
COMPENSATION
Total compensation for the Design Professional contemplated under the terms of this Agreement shall be
$435,701 for all services, including reimbursable expenses. The Owner shall compensate the Design
Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services and related Expenses for Article I, Tasks A-C, the total compensation shall be
as follows:
Basic Services = $261,689.00
Reimbursable Expenses = $ 3,700.00
Total Basic Services Lump Sum Fee = $265,389.00
Progress payments for Basic Services shall be paid monthly as a percentage of the total compensation
for the Basic Services satisfactorily completed.
2.2 SPECIAL SERVICES
2.2.1 Compensation for Special Services of Article II-A throttgh F, the total compensation shall be
as follows:
Special Services = $169,012.00
Reimbursable Expenses = $ 1,300.00
Total Special Services Lump Sum Fee = $170,312.00
2.3 ADDITIONAL SERVICES
2.3.1 Compensation for Additional Services will be based on the attached schedule of charges.
2.3.2 Compensation for Additional Services of the consultant (F1VI), shall be based on a multiple of
2.144 times the amounts billed to the Design Professional for such additional services.
SECTION 3
ENTIl2E AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
Page 2
Revised 5-30-02
2. E�chibit A(Scope of Services) through CO-1.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 3
Revised 5-30-02
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JE ER WALTERS, IT SECRETARY
BY:
APP D A O LEGAL FORM:
ANIT B S, IT��AT RNEY
BY: ' �\Y �
CITY OF DENTON
BY: •�—
EO GE C. CAMPB LL
CITY MANAGER
FREESE AND NICHOLS, INC.
:
Denton Office
WITNESS:
BY:
Page 4
Revised 5-30-02
EXHIBIT A
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
NORTH—SOUTH WATER MAIN PHASES II AND III
FOR THE CITY OF DENTON
GENERAL: The City of Denton North-South Water Main Phases II and III Project (the Project)
will include the preparation of construction documents for the facilities listed in SECTION 1 of
the Professional Services Agreement.
It is anticipated that the Phase II and Phase III water mains will be constructed in separate
construction contracts. The Basic Services indicated in Article I below provides for the design
services for both Phase II and Phase III, and the bid phase services and construction phase services for
Phase II.
Article II Special Services Item A provides for the bid phase and construction phase services for Phase III
as a separate construction contract. Article II Special Services Item B provides for the schematic layout of
the McKenna Park Pump Station site and schematic alignment evaluation of 3 options for the Phase III
pipeline. Article II Special Services Item C provides for the corrosion protection design services for both
the Phase II and Phase III pipelines. Article II Special Services Item D provides for the Subsurface Utility
Engineering Services associated with the Phase II bore across IH35E and Phase III. Article II Special
Services Item E provides for the Survey Services associated with the Phase II bore across IH35E. Article II
Special Services Item F provides for the Geotechnical Services associated with the Phase III pipeline.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development ofthe Project:
A. DESIGN PHASE: FNI shall provide professional services in this phase as follows:
Conduct a project kick-off meeting with the OWNER and OWNER's personnel along with FNI
project team members. At the kick-off ineeting, FIVI and the OWNER will establish
communication procedures and points of contact during the course of the project. A project site
visit will also occur at this time to review the alignment being designed for with this project.
Complete Technical Design of the Water Transmission Pipeline, FTTI will prepare and submit to
the OWNER for review and use:
a. Technical Design Drawings
i. Cover Sheet / General Notes
ii. Site Plan / Project Overview
iii. Pipeline Plan and Profile Drawings
b. Construction Details
i. Water line embedment
ii. Appurtenances (i.e.: CAV, Blow-off Valves, Ualves, boring and casing, etc)
iii. Thrust Blocking
iv. Erosion Control Details
v. Corrosion Protection System Details and Schedule of Device Locations
c. Technical Specifications
L:1ResourceslcbslDlDenton�North South Water Mains.doc Exhibit A-1
d. Construction Contract Documents
e. Opinion of probable construction cost to be submitted to the City at the 30%, 60%, 90%,
and 100% complete level.
f. Bidder's proposal forms (project quantities) of the improvements to be constructed.
g. FNI will submit Construction Drawings (plan and profile) to the City at the 30% review for
discussion on the alignment and Specifications and Drawings in whole to the OWNER for
review at 60% and 90% completion. FNI will submit to the OWNER 4 full size sets of
construction plans and 4 sets of technical specifications for review at each submittal. For
the Phase III design, FNI will also submit construction contract documents for review by
the OWNER. Comments from the OWNER at the 60% review will be used to take the
plans to 90% completion. Comments from the OWNER at the 90% review will be used to
take the plans to Final completion and advertisement.
h. Article V of this agreement entitled "Owner's Responsibilities" provides more detailed
listings of the tasks designated for the OWNER' S personnel.
Fr]I will attempt to identify the owners of utilities which are located in the proximity of the
proposed improvements based on iield observation and record drawings provided by the City.
Based on the results of this investigation by FNI, FNI will make further recommendations as to
whether more extensive on-site location of the facilities is required (i.e. potholing). Furnish
such information necessary to utility companies whose facilities may be affected or services
may be required for the Project.
4. Attend up to four (4) meetings with the OWNER or OWNER'S personnel to coordinate design
work and review the project.
5. Furnish OWNER the engineering data necessary for applications for routine permits required by
TXDOT and the KCS Railroad. Preparation of applications and supporting documents for
government grants or for planning advances is an Additional Service.
B. BID PHASE — PHASE II PIPELINE PROJECT. These bid phase services, included in the Basic
Services, will be for the Phase II pipeline project that will be included in the Bonnie Brae Roadway
construction project. For bid phase services for the Phase III pipeline project, see Article II
SPECIAL SERVICES, Item A.1. 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:
Phase II will be included in the Bonnie Brae Roadway improvements construction contract. FNI
will provide plans and specifications to the OWNER to be included in the contract documents
for the Bonnie Brae Roadway improvements.
2. Assist Owner by responding to questions and interpreting bid documents. Assist with the
preparation of addenda to the bid documents for distribution to all prospective bidders that have
picked up plans and specifications for bidding.
C. CONSTRUCTION PHASE — PHASE II PIl'ELINE PROJECT: These construction phase services,
included in the Basic Services, will be for the Phase II pipeline project that will be included in the
Bonnie Brae Roadway construction project. For construction phase services for the Phase III pipeline
project, see Article II SPECIAL SERVICES, Item A.2. Upon completion of the bid phase services,
FNI will proceed with the performance of construction phase services as described below. FNI will
endea�or to protect OWNER in providing these services; however, it is understood that FNI does not
guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's
operation and employees. FNI shall not be responsible for the means, methods, techniques,
L:�ResourceslcbslDlDentonlNorth South Water Mains.doc Exhibit A-2
sequences or procedures of construction selected by the Contractor, or any safety precautions and
programs relating in any way to the condition of the premises, the work of the Contractor or any
Subcontractor. F1VI shall not be responsible for the acts or omissions of any person (except its own
employees or agents) at the Project site or otherwise performing any of the work of the Project.
These services are based on the use of City of Denton front documents for construction projects. The
OWNER agees that FNI will include provisions in the construction contract documents that will
require the construction contractor to include FNI and their subconsultants on this project to be listed
as an additional insured on contractor's insurance policies.
l. Attend a pre-construction conference. Assist the OWNER and the OWNER's design consultant
for the Bonnie Brae Road project with conducting the meeting.
a. Assist the OWNER's design consultant for the Bonnie Brae Road project with establishing
communication procedures with the OWNER and contractor. All communications
between FNI and the Contractor will be through the OWNER.
2. Review contractor's submittals, including, requests for information and shop drawings in
accordance with the requirements of the construction contract documents for the proj ects.
a. FNI will be responsible for verifying that all required submittals have been received from
the Contractor. FNI will notify the OWNER in writing of the outstanding required
submittals. It is the responsibility of the OV✓NER to notify the Contractor of the
outstanding submittals.
b. FNI will not be responsible for the log in or distribution of contractor submittals, which are
the responsibility of the OWNER.
c. FNI will not review pay estimates, which are the responsibility of the OWNER.
FNI will serve in the capacity of General Representation on the Phase II Pipeline Project during
construction. In this capacity, FNI will:
a. Make up to ten (10) visits to the site (as distinguished from the continuous services of a
Resident Project Representative) 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
Constri.iction Contract Documents. In this effort, FTII will endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deiiciencies to OWNER.
b: Provide general recommendations to the OWNER for the work of testing laboratories and
inspection bureaus required for the testing or inspection of materials, witnessed tests,
factory testing, etc. for qttality control of the Project. The cost of such quality control shall
be paid by OWNER and is not included in the services to be performed by FNI.
c. Interpret the drawings and speciiications for OWNER and Contractar(s). Investigations,
analyses, study or design for substitutions of equipment or materials, corrections of
defective or deiicient work of the contractor or other deviations from the construction
contract documents requested by the contractor 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.
d. Prepare Record Drawings of the completed project after the final wallc through. The
OWNER will coordinate with the CONTRACTOR to produce a set of plans with markings
that represent how the pipeline was installed. The OWNER will provide the plans to FT]I
to produce record drawings. FNI will deliver the record drawings for the Phase II Pipeline
Project to the OVJNER's design consultant for the Bonnie Brae Road project, to be
included in the overall record drawings set for the Bonnie Brae Road project.
L:1ResourceslcbslDlDentonlNorth South Water Mains.doc Exhibit A-3
Conduct, in company with OWNER's representative, one final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Visiting the site to review completed work in excess of one
trip is an additional service.
ARTICLE II
SPECIAL SERVICES:
A. ADDITIONAL CONSTRUCTION PROJECT: If the Phase III pipeline is constructed with a
separate construction contract, FNI will provide Bid Phase and Construction Phase services as
follows:
BID PHASE — PHASE III PIPELINE PROJECT. These bid phase services, included in the
Special Services, will be for the Phase III pipeline project that will be separate from the Bonnie
Brae Roadway construction project. For bid phase services for the Phase II pipeline project,
see Article I BASIC SERVICES, Item B. 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:
a. FNI will post the notice of construction on FNI's website. It is the responsibility of the
OWNER to notify the newspaper of the project advertisement and prospective bid opening
date, if so desired by the OWNER.
b. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and
vendors listed in City of Denton's and FNI's database of prospective bidders, and to
selected plan rooms. Provide a copy of the Notice to Bidders for OWNER to use in
notifying construction news publications and publishing appropriate legal notice. The cost
for publications shall be paid by OWNER.
c. Assist Owner by responding to questions and interpreting bid documents. Prepare addenda
to the bid documents for distribution to all prospective bidders that have picked up plans
and specifications for bidding.
2. CONSTRUCTION PHASE — PHASE III PIPELINE PROJECT: These construction phase
services, included in the Special Services, will be for the Phase III pipeline project that will be
separate from the Bonnie Brae Roadway construction project. For construction phase services
for the Phase II pipeline project, see Article I BASIC SERVICES, Item C. Upon completion of
the bid phase services, FNI will proceed with the performance of constrttction phase services as
described below. FNI will endeavor to protect OWNER in providing these services; however,
it is understood that FNI does not guarantee the Contractor's performance, nor is F1VI
responsible for supervision of the Contractor's operation and employees. FNI shall not be
responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to the
condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the
Project site or otherwise performing any of the work of the Project.
These services are based on the use of City of Denton front documents for construction
projects. The OWNER agrees that FI�TI will include provisions in the construction contract
documents that will require the construction contractor to include FNI and their subconsultants
on this project to be listed as an additional insured on contractor's insurance policies.
L:1ResourceslcbslDlDentonlNorth South Water Mains.doc E�thibit A-4
a. Attend a pre-construction conference. The OWNER will conduct the meeting and prepare
minutes. FNI will provide the Contractor and OWNER three full size (22" x34") sets of
plans and conformed specifications each, totaling 6 plans and specifications. The
conformed sets of books will include a half size set of plans (11"x 17").
1. Establish communication procedures with the OWNER and contractor. All
communications between FNI and the Contractor will be through the OWNER.
b. Review contractor's submittals, including, requests for information and shop drawings in
accordance with the requirements of the construction contract documents for the projects.
1. FNI will be responsible for verifying that all required submittals have been received
from the Contractor. FNI will notify the OWNER in writing of the outstanding
required submittals. It is the responsibility of the OWNER to notify the Contractor of
the outstanding submittals.
2. FNI will not be responsible for the log in or distribution of contractor submittals,
which are the responsibility of the OWNER.
3. FNI will not review pay estimates, which are the responsibility of the OWNER.
c. FNI will serve in the capacity of General Representation on the Phase III Pipeline Project
during construction. In this capacity, FNI will:
1. Make up to ten (10) visits to the site (as distinguished from the continuous services of a
Resident Project Representative) 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 endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report
any observed deficiencies to OWNER.
2. Provide general recommendations to the OWNER for 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. The cost of such quality
control shall be paid by OWNER and is not included in the services to be performed by
F1VI.
3. Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, study or design for substitutions of equipment or materials,
corrections of defective or deficient work of the contractor or other deviations from the
construction contract documents requested by the contractor and approved by the
Owner are an additional service. Substitutions of materials or equipment or design
modifications requested by the OWNER are an additional service.
4. Prepare Record Drawings of the completed project after the final walk through. The
OWNER will coordinate with the CONTRACTOR to produce a set of plans with
markings that represent how the pipeline was installed. The OWNER will provide the
plans to FNI to produce record drawings. FNI will deliver to the OWNER two sets of
full size (22"x34") drawings, one on bonded paper and one on Mylar film, and
electronic file of drawings in ACAD 2000 format.
d. Conduct, in company with OVJNER's representative, one final review of the Project for
conformance with the design concept of the Project and general compliance with the
Construction Contract Documents. Visiting the site to review completed work in excess of
one trip is an additional service.
B. SCHEMATIC PUNIl' STATION PLAN AND SCHEMATIC PIPELINE ALIGNMENT FOR
PHASE III: A schematic layout of the McKenna Park Pump Station site and schematic alignment
evaluation of 3 options for the Phase III pipeline will be performed, from which infarmation the
final design of the pipeline will be prepared. The following services will be performed:
L:�ResourceslcbslDlDentonlNorth South Water Mains.doc E�chibit A-5
• Based upon initial field visits, it is anticipated that the following 3 alignment options will be
analyzed; however, individual adjustments may occur depending upon field information
gathered and OWNER input:
A. Along Scripture Street west to IH35 service road; along IH35 service road south to
intersection of Bonnie Brae and IH35E.
B. Along Bonnie Brae the full distance from Scripture Street to intersection of Bonnie
Brae and IH35E.
C. Along Scripture Street east to Thomas Street; along Thomas Street south to Oak Street,
and then determine a route connection to Avenue H; along Avenue H south to Louise
Street (or LJNT soccer field); along Louise Street (or LTNT soccer iield) west to Bonnie
Brae Road; along Bonnie Brae Road south to intersection of Bonnie Brae and IH35E.
• Obtain OWNER's latest CAD and GIS files for aerials and 2-foot topo. These files will be the
bases for the schematic design.
• Obtain OWNER information on CIP projects, proposed CIP projects, development (or iTNT)
projects, and proposed development (or iJNT) projects that ha�e occurred since the preliminary
route analysis.
• Obtain available T�OT schematic drawings for IH35, IH35E, and FM 1515.
• Attend one meeting with the OWNER and TxDOT to discuss potential routing of the pipeline
through the T�OT campus at the intersection of Bonnie Brae and IH35E service road.
• Contact DIGTESS and request flagging and marking of e�sting utilities along the 3 alternative
alignments. Utilize a GPS unit to tie down approximate horizontal locations of flagged or
marked underground utilities, and to tie down approximate horizontal locations of major
above-ground utility features.
• Perform an environmental "desktop" review of the three alignment options. Research existing
databases to determine if there are any existing environmentally sensitive areas (ESA's) or
areas of concern along the pipeline route options. It is anticipated that the developed nature of
the route north of IH35E will provide for avoidance of environmental permitting needs, so no
additional investigations or permitting is included in this scope.
• Prepare schematic level plan sheets of each of the 3 alternative aligntnents, utilizing City of
Denton 2-foot topo and aerials. Show the following on the sheets:
A. Anticipated temporary and permanent easements
B. Potential utility conflicts
C, Connections to e�sting waterlines, and stubouts for future lines
D. Valves, air valves, and blowoffs
E. Bored casing
• Prepare schematic level estimates of probable construction cost for each of the 3 alignment
options.
• Perform hydraulic calculations to determine required pipe sizing for the Pump Station,
including suction header, individual suction lines, discharge header, individual discharge lines,
bypass lines, and surge control lines.
• Utilize the City of Denton Water System Model to conf'irm that the configuration of proposed
piping and valves is consistent with future plans for the station. The model will also be used to
conf'irm flexibility of operational scenarios pre- and post-construction of the McKenna Parlc
and High School Pump Stations.
• Obtain the OWNER's master plan for McKenna Park for consideration in layout of the Pump
Station site plan options.
• Prepare a schematic site plan for the McKenna Park Pump Station. Include the following:
A. Limits of the Pump Station site
B. Footprint and floor layout of the Pump Station building
L:1Resources\cbslD�Denton\North South Water Mains.doc Exhibit A-6
C. Layouts of the suction header, individual suction lines, discharge header, individual
discharge lines, bypass lines (temporary and/or permanent), and surge control lines
D. Locations of yard isolation valves, control valves, and meter vault
E. Locations of transformer and standby generator
F. Drive access and fencing, including coordination with anticipated Parks access
G. Pipe connectivity to the McKenna Park Standpipe
H. Pipe connectivity to the North-South Phase I and III transmission mains, and to the
Northwest Pressure Plan piping
I. Overlay of the McKenna Park master plan, if available in digital format from the
OWNER.
• Prepare a technical memorandum and submit 5 copies to the OWNER to summarize the
schematic design and provide recommendations.
C. CORROSION PROTECTION DESIGN: FrII will retain and monitor the services of a corrosion-
engineering firm (V&A) to provide the following services:
• Conduct field soil resistivity surveys along the proposed pipeline route. Conduct tests for
foreign pipeline cathodic protection systems, and AC interference.
• Conduct laboratory tests of soil samples, including pH, moisture, chlorides, sulfides and
conductivity.
• Analyze data and make recommendations for passive cathodic protection and impressed
current systems and pipeline materials for up to two alternate pipeline materials (Bar Wrapped
Concrete Cylinder Pipe, and Mortar Coated Steel). In preparation of these recommendations,
consider the space requirements of both corrosion protection systems compared to the space
available along the selected pipeline route.
• Prepare detailed drawings and speciiications for corrosion monitoring systems and cathodic
protection systems, for the selected passive cathodic protection or impressed current system.
• During the construction phase, review contractor's submittals and provide comments
• Provide one day of on-site inspector training, at the beginning of construction
• Review the Contractor's commissioning report.
D. SUBSURFACE UTII,ITY ENGINEERING: FNI will retain and monitor the services of a
Subsurface Utility Engineering firm (Gorrondona) to provide the following services associated
with the bored crossing of IH35E:
• Perform Quality Level D through B SLTE for the work area.
• Research existing utilities with the State, OWNER, and franchise utility owners in the work
area. Designate utilities in the work area, and survey those marked utilities using survey
control provided by the OWNER's surveying consultant.
• Upon review of the Level D through B designations, perform Quality Level A test holes for
strategic detailed locations of utilities. This contract includes up to 12 Level A test holes to be
utilized at IH35E crossing and within Phase III route to McKenna Park.
• Provide a coordinate survey of the test hole locations, and update the utility designations with
the detailed test hole information within the design and construction plans.
E. SURVEY SPECIAL SERVICES: FNI will retain and monitor the services of a survey firm
(Graham and Associates) to provide the following survey services associated with Bonnie Brae
South and the bored crossing of IH35E:
• Survey for Phase II pipeline crossing IH-35E and terminating within T�OT's front yard.
L:�Resourceslcbs�DlDentonlNorth South Water Mains.doc E�[hibit A-7
• Traffic Control services along IH-35E for surveying IH-35E Overpass and R.O.W.
• Supplemental Survey of water valves, iire hydrants, sanitary sewer manholes and other misc.
items needed for the water pipeline design, in addition to the existing survey prepared for
Bonnie Brae South.
• Topographic contours for offsite areas for use with the proposed pipeline plan and proiiles.
• Prepare easement documents for one temporary construction easement for the connection at
Corbin Road. It is assumed that the pertnanent easement already underway with the Bonnie
Brae Road project will be utilized in part by the water main.
• Prepare easement documents for one temporary construction easement and one permanent
waterline easement in the T�ot yard at the intersection of IH35E and Bonnie Brae Road.
• If additional easements are needed, these can be provided for additional fee of $1,320.00 per
permanent easement document and $550.00 per temporary construction easement document.
F. GEOTECHTIICAL SPECIAL SERVICES: F1VI will retain and monitor the services of a
Geotechnical firm (Landtec) to provide the following geotechnical services for Phase III:
• Geotechnical soil borings and report with recommendations for Phase III pipeline design along
route selected by City.
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if specifically authorized in
writing by OWNER, which are not included in the above-described basic services, are described as follows:
A. Environmental permitting or investigation services.
B. Making revisions to designs, specifications or other documents when such designs are 1) consistent
with approvals or instructions previously given by OWNER or 2) due to other causes not within the
control of F1VI,
C. 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.
D. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment at any site remote to the project or observing tests required as a result of
equipment failing the initial test.
E. Preparing Operation and Maintenance Manuals or conducting operator training.
F. Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase.
G. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and speciiications.
L:1ResourceslcbslDlDenton\North South Water Mains.doc Exhibit A-8
H. Performing investigations, studies, and analyses of work proposed by construction contractors to
correct defective work.
I. Design, contract modiiications, studies or analysis required to comply with local, State, Federal or
other regulatory agencies that become effective after the date of this agreement.
Services required to resolve bid protests or to rebid the project(s) for any reason, including re-
bidding to lower the cost of the project to meet OWNER's budget.
K. Visits to the site in excess of the number of trips inclttded in Article I for periodic site visits,
coordination meetings, or contract completion activities.
L. Any services required as a result of default of the contractor(s) or the failure, for any reason (unless
through the negligent actions of FNI), of the contractor(s) to complete the work within the contract
time.
M. Providing services after the completion of the construction phase not specifically listed in Article I.
N. Providing services made necessary because of unforeseen, concealed, or differing site conditions or
due to the presence of hazardous substances in any form.
O. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims
are supported by causes not within the control of FIVI.
P. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Q. Provide follow-up professional services during Contractor's warranty period.
ARTICLE IV
TIME OF COMPLETION: FIVI 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:
Complete design plans and specifications for Phase II within 150 Calendar Days of receipt of survey
and geotechnical information.
Complete schematic pump station site plan and schematic pipeline alignment options analysis within
60 calendar days of Notice to Proceed.
Complete design plans and specifications for Phase III within 150 Calendar Days of selected pipeline
route by OWNER and completion of additional design survey in the field along selected route.
If F1VI's services are delayed through no fault of FT]I, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in
OWNER or regulatory reviews, delays on the flow of information to be provided to Fr1I, governmental
approvals, eta If the total sum of delays exceeds 120 calendar days, then FNI reserves the right to
negotiate additional compensation for additional services related to the delays.
ARTICLE V
L:1Resourceslcbs�DlDentonlNorth South Water Mains.doc Exhibit A-9
RESPONSISILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not
to delay the services of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person sha11 have contract authority to transmit
instructions, receive information, interpret and deime OWNER's policies and decisions with
respect to FNI's services for the Project.
B. 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.
C. Assist FNI by placing at FNPs disposal a11 available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
D. 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, including preparing and obtaining
Right-of-Entries for engineering, surveying, geotechnical, corrosion engineering and environmental
activities. Identify Landowners and provide contacts for coordination of field work. If conditions
are muddy, the driller will delay drilling until conditions improve. Provide or pay for any towing
required due to soft ground conditions impassable to four-wheel-drive and tracked equipment and
any clearing or grading necessary for access. Repair or compensate property owners for any
damage, including but not limited to crop damage, ruts, and cracked slabs, caused by normal access
and operation of exploration equipment.
E. 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.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
G. Provide title investigations and title insurance, if deemed necessary by the OWNER.
H. Provide such accounting, independent cost estimating and insurance counseling services as rnay be
required for the Project, such legal services as OWNER may require or FNI may reasonably
request with regard to legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as OV✓NER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction contract, and such inspection
services as OVJNER may require to ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnishing and performing the work.
Attend the pre-bid conference, bid opening, preconstruction conference, constntction progress and
other job related meetings and substantial completion inspections and fmal payment inspections.
J. Give prompt written notice to FI�I whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of FNI's services, or any defect or
L:1ResourceslcbslDlDentonlNorth Soutb V✓ater Mains.doc Exhibit A-10
nonconformance of the work of any Contractor. The OWNER will provide written notice to the
Design Professional if the OWNER becomes aware of any errors or omissions in the design work.
K. Furnish, or direct FTII to provide, Additional Services as stipulated in E�ibit A, Article III of this
AGREEMENT ar other services as required.
L. Obtain third party survey, easement document preparation, and geotechnical services.
M. Provide easement acquisition services.
N. Bear all costs incident to compliance with the requirements of this Article V.
O. The Owner will open, tabulate, analyze bids and recommend award of contracts. The Owner will
prepare the construction contract for execution by the Contractor and Owner and will furnish
copies of the contract documents to FNI, Owner, and Contractor.
P. The OWNER will provide an OWNER's representative during the construction phase. The
representative will generally be the first point of contact with the Contractor. The representative
will receive and distribute all submittals. The Owner will review and approve payment requests.
The Owner will prepare change orders and field orders. The Owner will review all claims by the
Contractor. The Owner will prepare all punch-lists and follow-up inspections.
ARTICLE VI
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative — Frank G. Payne, P.E., City of Denton, 901-A Texas Street, Denton,
Texas 76209; phone: 940-349-8946; f�: 940-349-8951; email: frank.payne@cityofdenton.com
Owner's Accounting Representative — Annie Bunger, City of Denton, 901-A Texas Street, Denton, Texas
76209; phone: 940-349-8463; fax: 940-349-8951; email: annie.bunger@cityofdenton.com
FNI's Project Manager — Ron King, P.E., 2220 San Jacinto Blvd., Suite 330, Denton, Texas, 76205;
phone 940-220-4350; fax 940-387-4677; email rgk@freese.com
FI�I's Accounting Representative - Jana Collier, 4055 International Plaza, Suite 200, Fort Worth, Texas
761o9; phone 817-735-7354; fax 817-735-7496; email jvc@freese.com
L:1ResourceslcbslDlDentonlNorth South Water Mains.doc Eachibit A-11
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic and Special Services: Compensation to FNI for the Basic and Special Services shall be a total of
Four Hundred Thirty Five Thousand Seven Hundred One ($435,701.00). If F1VI sees the Scope of
Services changing so that additional services are needed, including but not limited to those services
described as Additional Services in E�ibit A, FNI will notify OWNER for OWNER's approval before
proceeding. Additional Services shall be computed based on the Schedule of Charges.
B. Schedule of Charges for Additional Work:
Staff Member Salary Cost Times Multiplier of 2.144
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is deimed as the cost of salaries (including sick leave, vacation, and holiday pay applicable
thereto) plus unemployment and payroll taxes and contributions for social security, employment
compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous
benefits.
Other Direct Expenses Actual Cost Times Multiplier of L 10
Other direct expenses shall include outside printing and reproduction expense, commtuucation expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, tests, and other work required to be done by
independent persons other than staff inembers. For CAD services performed In-house by non-FT]I
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 F1VI employee
was performing the same or similar services.
Rates for In-house Services
COI11pUtCC
$10.00 per hour
Plotter
Bond
Special
Testin� Auparatus
Density Meter
Gas Detection
3-10-04 35
$ 2.50 per plot
$ 5.00 per plot
$350.00 per month
$ 10.00 per test
L:�ResourceslcbslDlDenton\North South Water Mains.doc
C�-1
Printing
Black and White
$0.10 per copy
Color
$0.50 per copy
Ei•nding
$5.75 per book
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCIITI'ECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCffiTECT OR ENGINEER'S RESPONSIBII.Tl'IES
1.1 The Architect or Engineers services consist of those services for the Project (as defined in the agreement (the "AgreemenY') and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Enaneer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these Genera( Conditions as modified by the Agreement and Proposal (the "5ervices").
1.2 The Design Professional will perform all Services as an independent conhactor to the prevailing professional standazds consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degee of Caze"). The Services shall be performed as e�cpeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjushnents to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation normal structural, civil, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of
Construction Documents, as described by and required in Section 2.4. The Basic Services may be modified by the Agreement.
2.2 SCFIEMAT'IC DESIGN PHASE
2.21 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owne�'s needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requuements, each in
terms of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner altemative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constntcting the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Design
Professional shall prepaze for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to azchitectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Nohvithstandi�g Ownets approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fuLfill the purposes ofthe Project.
2.3.2 The Design Professional sball advise the Owner of any adjushnents to the prelnninary estimate of Construction Cost in a fur[her Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCrION DOCIiMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any fiuther adjustments in the scope or quality of the Project or in the conshuction budget
authorized by the Owner, the Design Professional shall prepaze, for approval by the Owner, Conshuction Documents consisting of Drawings and Specifications setting
forth in detail requirements for the construction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the prepazation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions ofthe contract, and the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements
or general mazket conditions.
2.4.4 The Design Professional shall assist the Owner in connection with ttie Owne�s responsibility for filing documents requved for the approval of govemmental
authorities having jurisdiction over the Project.
2.5 CONSTUCTION CONTRACT PROCUREMENT
2.51 The Design Professional, following the Ownets approval of the Conshuction Documents and of the latest preliminary detailed estimate of Constnxction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legal]y applicable to the Project including without
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limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the awazd of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construcdon cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Constructioo
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total consiruction cost set forth in the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design ProfessionaPs responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 832.
2.6.2 The Design Professional shall provide detailed administration of the Confract for Conskuction as set forth below. For design professionalss the administration
shall also be in aceordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administrarion shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Te�s Council of Govemments, current as ofthe date of the Agreement, unless othenvise
provided in the Agreement.
2.6.3 Construction Phase duties, responsibiliries and limitations of authoriry of the Design Professional shall not be restricted, modified or e�ctended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Professional sha(1 be a representarive of and shall advise and consult with the Owner (1) during construction, and (2) at the Owne�s direction from
time to time during the correcrion, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the e�ctent provided in the Agreement and these General Conditions, unless othenvise modified by written instrument.
2.6.5 The Design Professional shall observe the consfixction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiaz with the progress and quality of the work completed and to determine if the work is being perfoaned in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on-site visit. On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, and shall
exercise the Degree of Care and diligence in discovering and prompfly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications fiunished by the Design Professional at no cost to the Owner. The Owne�s approval, acceptance, use of or
payment for all or any part of the Design ProfessionaPs Services hereunder or of the Project itself shall in no way alter the Design Prof�,ssionaPs obligations or the
Owne�'s rights hereunder.
2.6.6 The Design Professional shall not have control o�er or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precaurions and progams in connection with the work. The Design Professionat shall not be responsible for the ConVacto�'s schedules or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis-
sions The Design Professional shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any
other persons perfomiing portions af the work.
2.6.7 The Design Professional shaU at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design Professional. Communications by and with the Design ProfessionaPs consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contracto�s Applications for Payment, the Design Professional
shall review and certify the amounls due the Contractor.
2.610 The Design Professiona]'s certi8cation for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated and that the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the Confract Documents cor-
rectable prior to completion and to specific qualificarions expressed by the Design Professional. The issuance of a CeRificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation fhat
the Design Professional has (1) reviewed conslnicrion means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to requue
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons
performing portions ofthe work.
2.612 The Design Professional shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and
Samples for tl�e pwpose of (1) determining compliance with applicable laws, ststutes, ordinances and codes; and (2) determining wbether or not the work, when
completed, will be in compliance with the requirements of the Coirtract Documents. The Design Professional shall act with such reasonable promptness to cause no
delay in the work or in the construction of the Owner or of sepazate contractors, while allowing sufficient time in the Design ProfessionaPs professional judgment to
permit adequate review. Review o£ such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the e�ctent required by the Contract Documents. "Ihe Design ProfessionaPs review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics
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of materials, systems or equipment is required by the Contract Doctunents, the Design Professional shall be entitled to rely upon such ceRification to establish that the
materials, systems or equipment will meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Constnxction Change Directives, with supporting documentation and data if deemed necessary by
the Design Professional as provided in Subsections 3.1.1 and 333, for the Owner's approval and execution in accordance with the Contract Documents, and may
authorize minor changes in the work not involving an adjushnent in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent
of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional will receive and review written guarantees and related
documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final ceRificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters conceming performance of the Owner and Contractor under the requirements
of the Contract Documents on written request of either the Owner or Contractor. The Design ProfessionaPs response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in the form of drawings. When making such interpretations and initial decisions, the Design Professiona] shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progess of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with ttte Degree of Care; (2) will reimbwse the Owner for all damages
caused by the defective designs the Design Professionat prepares; and (3) by aclrnowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any ofthe Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.11 The services described in this Article 3 are not included in Basic Services iuiless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner as provided in the Ageement, in addition to the compensation for Basic Services. The services described under Secrions 3.2 and 3.4 shall only be provided if
authorized or confinned in rvriting by the Owner. If services described under Contingent Additional Services in Section 33 aze required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. ff the Owner indicates in rvriting that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for coropensating the Design Professional for Contingent Additional Services only if
they aze not required due to the negligence or fault of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and d'uected by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDTTIONAL SERVICES
3.31 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owne�s
program or Project budget;
2. required by the enachnent or revision of codes, laws or regulations subsequent to the preparation of such documents, or
3. due to changes required as a result of the Owne�s failure to render decision in a timely manner.
3.3.2 Providing services required because of signif'icant changes in the Project including, but not limited to, size, quality, comple�city, or the Owner's schedule, except
for services required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentadon and supporting data, and providing other services in connection with Change Orders and
Cons�uction Change Duectives.
3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during construction, and fiunishing services required in connection with
the replacement of such work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3.6 Providing services in evaluating an e�ctensive number of claims submitted by the Contractor or others in connection with the work.
3.3J Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.
3.3.8 Providing services in addition to those required by Article 2 for prepazing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the campletion of the Construction Dacuments Phase.
3.3.9 Notrvithstanding anything contained in the Ageement, Proposal or these General Conditior�s to the contrary, all services described in this Article 3 that aze
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence ofthe Owner shall not limit the Design Professional's obligations under this Subsection 33.9.
3.4 OPTIONAL ADDTTIONAL SERVICES
3.41 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or compazative studies of prospecrive sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals of govemmental authorities or others ha�ing jurisdiction over the
Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate e�cisting conditions or facilities or to make measured drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by ttie Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.410 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.12 Providing assistance in the utilization of equipment or systems such as testing adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consukation during operation.
3.4.13 Providing interior design and similaz services required for or in connection with the selection, procurement or installation of fumiture, fiunishings and related
equipment.
3.4.14 Providing services other than as provided in Secdon 2.6.4, after issuance to the Owner of the fmal Certificate for Payment and expiration of the Warranty
period ofthe Conhact for Construction.
3.415 Providing services of consultants for other than architectural, civil, struchual, mechanical and elecfical engineering portions of the Project provided as a part of
Basic Services.
3.416 Providing any other services not othenvise included in this Agreement or not customarily fumished in accordance with generally accepted architectural
practice.
3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked-up prints, drawings and other data fumished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be perFormed by the Design Professional as a part of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILTTIES
4.1 The Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design
constraints and criteria, including space requirements and relationships, fle�cibility, expendability, special equipment, systems and site requirements, as more speci-
fically described in Subsection 221.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
4.3 If requested by the Design Professional, the Owner shall fumish evidence that financial atrangements have been made to fulfill the Owne�s obligations under this
Agreement.
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4.4 The Owner shall designate a representarive authorized to act on the Owner's behalf with respect to the Project. The Owner or such suthorized representative shall
render decisions in a timely manner pertanvng to documents submitted by the Design Professional in order to avoid unreasonable delay in tkte orderly and sequential
progess ofthe Design Professional's services.
4.5 Where appGcable, the Owner shall fiunish surveys describing physical characteristics, legal limitations and utility locafions for the site of the Project, and a written
legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and
struchues; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information conceming available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall fiunish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may
include but aze not limited to test borings, test pits, determinations of soil bearing values, percolarion tests, evaluations of hazardous materials, gound corrosion and re�
sistivity tests, including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and aze not retained by the Design Professional as paR of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall fumish struchual, mechanical, chemical, air and water pollution tests, tests of hazazdous materials,
and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on
behalf ofthe Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4S through 4.8 shall be fumished at the Owner's e�cpense, and the Desigu
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconfonnance with
the Contract Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at ]east fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
51 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials fiamished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for con-
tingencies shall be included for mazket conditions at the time of bidding and for changes in tY�e work diuing construction.
51.3 Construcrion Cost does not include the compensation of the Design Professional and Design ProfessionaPs consultants, the costs of the land, rights-of-way,
financing or other costs which aze the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILTI'Y FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Conshuction Cost and detailed estimates of Construction Cost prepared by the Design
Professional represent the Design Professional's best judgment as a design professional familiaz with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding or mazket conditions. Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Ownets Project budget or from any estimate of Conskuction Cost or evaluation prepazed or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be estabfished as a condition of the Agreement by the fumishing, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be
included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents altemate bids to adjust the
Co�struction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.2.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the conslruction industry Uetween the date of submission
of the Construction Documents to the Owner and the date on which proposals are sought.
ARTICLE 6 OWNERSI3IP AND USE OF DOCLTMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Owner upon termination or completion of the Ageement. The Design Professional is entitled to retain copies of all such documents. Such
documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in the Agreement, the Design
Professional is released from any and all liahility relating to their use in that project
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6.2 Submission or distribution of documents to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be construed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
71 The Design Professional may terminate the Agreement upon not less than trurty days written notice should the Owner fail substantially to perform in accordance with the
terms of the Ageement through no fault of the Design ProfessionaL Owner may terminate the Agreement or any phase thereof with or witUout cause upon thiriy (30) days
prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No
amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon terminafion of the
Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequenfly conhact with a new Design Professional for continuafion
of services on the Project, Design Professional shall cooperate in providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the intemtption
and resumption of the Design Professional's services.
7.3 The Agreement may be teaninated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may termivate the Agreement by giving written
norice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Ageement shall be considered substantial non-
perFormance and cause for termination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
81 DIRECT PERSONNEL EXPENSE
8.11 Direct Personnel Expense is defined as the d'uect salaries of the Design Professional's personnel engaged on the Project and the portion of the cost of their
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIlVIBURSABLE EXPENSES
5.21 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identif"ied in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approva( of authorides having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproducUon of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.21.4 E�cpense af renderings, models and mock-ups requested by the Owner.
8.21.5 E7cpense of computer-aided design and drafting equipment time when used in connection with the Project
8.21.6 Other eacpenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOLiNT OF BASIC SERVICES
5.3.1 Payments for Basic Services shall be made montlily and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Secrion 2 of the Agreement and the schedule of work.
8.3.2 If and to the e�ctent that the time initially established in the Agreement is exceeded or e�ctended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percenffige of Consfiaction Cost and any podions of the Project aze deleted or othenvise not constructed, compensation for
those portions of the Project shall be payable to the e�Rent services are performed on those portions, in acwrdance with the schedule set forth in Section 2 of the
Agreement based on (1) the lowest bona fide bid or (2) if no such bid or proposa( is received, the most recent preliminary estunate of Construction Cost or detailed
estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDTTIONAL SERVICES
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8.41 Payments on account of the Design ProfessionaPs Additional Services and for Reimbursable Eacperises shall be made monttily within 30 days after the
presentation to the Owner of the Design Professional's statement of services rendered or e�cpenses incurred.
8.5 PAYMENTS WITHfIELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld
frnm paymenis to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
ARTICLE 9 INDEMNITY
91 The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attomey fees incurred by the Owner, and including, without
limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a pariy to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby eacpressly reserved.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not ]ess than $100,000 for each occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury ]imits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property
damage limits of not less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability [nsurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall fumish insurance certi8cates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liabiliry insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or
modified without thiriy (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, fiunish Owner with substitute ceRificates of insurance meeting the requirements of this Article 10.
ARTICLE ll MISCELLANEOUSPROVISIONS
11.1 The Agreement shall be govemed by the laws of the State of Texas. Venue of any suit or cause of action under the Ageement shall lie exclusively in Denton County,
Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their paRners, successors, assigns and legal representatives to the other party to this Ageement and to
the parmers, successors, assigns and legal representatives of such other party with respect to all covenants of this Ageement. The Design Professional shall not assign its
interests in the Agreement without the written consent ofthe Owner.
11.3 The term Ageement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in 5ection 3 of the
Agreement wlvch together represent the entire and integated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oraL The Agreement may be amended only by rvritten inshument signed by both Owner and Design ProfessionaL When interpreting the
Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the e�ctent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not 6e reasonably harmonized,
such documents shall be given priority in the following order:
1. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of acUon in favor of a third party against either the Owner or Design
Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design ofthe Project, including photographs
of the exterior and interior, among the Design ProfessionaPs promotional and professional materials. The Design Professional's materials shall not include tYie Owne�s
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Ow�er to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Projecx
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
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11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, retum receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days a8er mailing.
11.8 If any provision of the Agreement is found or deemed by a couR of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, ru(es, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on tbe basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement.
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City of Denton
North-South Water Main Phases II and III
Fee Estimate - Summary
* Engineering Fee Estimate - Using 3.5 Labor Multiplier and 1.10 Expense Multiplier
Item Fee
Basic Services $261,689
Additional Construction Contract S ecial Services $28,983
Phase I II Schematic Anal sis S ecial Services $38,493
Corrosion Protection Desi n S ecial Services $47,311
Surve S ecial Services $15 615
SUE S ecial Services $24,860
Geotechnical S ecial Services $13,750
Reimbursable Ex enses $5,000
Total Fee Proposal: $435,701
* As indicated in COMPENSATION Page CO-1, the labor multiplier represents
the Salary Cost times Multiplier of 2.144. The Salary Cost is the base salary
rate times the fringe multiplier of 1.632. Therefore, the Total Labor Multiplier =
1.632x2.144=3.5
City of Denton
North-South Water Main Phases 11 and 111
Fee Estimate - Basic Services
Engineering Fee Estimate - Using 3.5 Multiplier
Expenses - Basic Services
Total Fee Estimate - Basic Services $265,389.31
City of Denton
NorthSouth Water Main Phases II and 111
Fee Estimate -Additional Construction Project
Engineering Fee Esdmate - Using 3.5 Multiplier
Expenses - Additional Construction Project
Total Fee Estimate - Additional Construction Project $30,757.83
City of �enton
North-South Water Main Phases II and III
Fee Estimate - Schematic PS Layout and Pipe Routing
Engineering Fee Estimate - Using 3.5 Mulfiplier
Expensea -Schematic PS Layout and Pipe Routing
Total Fee Estimate - Schematic PS Layout and Pipe Routing 538,618.49
City of Denton
North-South Water Main Phases II and 111
Fee Estimate - Subconsultants
Expenses -Subconsultants
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
Docusign City Manager Approval Transmittal Coversheet
File Name
Purchasing Contact
Contract Value
Piggy Back Option
Contract Expiration
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
Request for City Manager Approval of Purchase
DATE: June 29, 2017 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Lee Perry at 349-8938
Contact Phone
CM: Todd Hileman
SUBJECT
Amendment No. 2 to Professional Services Agreement for Architect or Engineer by and between
Freese and Nichols, Inc. and the City of Denton for North-South Water Main Phases II and III
(File #4978); in the amount of $53,800.00.
BID/FILE INFORMATION
City Council approved a contract in the amount of $435,701.00 with Freese and Nichols, Inc.
(FNI) on July 17, 2012 for Engineering Services associated with the North-South Water Line
Phases II and III project. Contract Amendment No. 1 was subsequently approved for $26,654.00
on October 6, 2014 for Additional Engineering Services. Phase II of the project was originally
intended to be constructed in conjunction with the roadway improvements. During the course of
the design, it has been decided to construct the waterline separately from the roadway
improvements. The purpose of this design change is to facilitate a faster schedule for completing
Phase II and should allow for lower cost. This will result in a faster schedule for completing
Phase III and ultimately will complete the entire project as is needed to provide more adequate
water service to the City (see Attachment 1 for Project Map).
The change in scope necessitates additional design and bid effort for Phase II and additional
coordination effort with the proposed roadway improvements for Phase III, adding $53,800.00 to
the lump sum portion of the basic services fee for a revised contract fee of $516,155.00.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
1) City Council Approval of Original Contract July 17, 2012
2) Purchasing Approval of Amendment No. 1 October 6, 2014
RECOMMENDATION
Staff recommends approval of the amendment to the Professional Services Agreement between
the City of Denton and Freese and Nichols, Inc. in the amount of $53,800.00 for additional
Engineering Services.
PRINCIPAL PLACE OF BUSINESS
Freese and Nichols, Inc.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Revised 09/06
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
STAFF ESTIMATE
The proposed engineering fee of $53,800.00 for professional services on this project includes
additional design and bid phase services and is believed to be appropriate and sufficient for the
additional services required.
ESTIMATED SCHEDULE OF PROJECT
The consultant is prepared to begin the services associated with this Amendment immediately
with the goal of completing design Fall 2017 to facilitate construction to begin Winter 2018
(pending easement acquisitions).
CONTRACT ADMINISTRATOR
Lee Perry, P.E. Capital Projects, Sr. Water City Engineer
FISCAL INFORMATION
Funding for the subject services are to be provided from Account No. 630282523. PO No.
158877 has been entered for this contract.
EXHIBITS
1) Project Map
2) Contract Amendment No. 2 Authorization Form
Requested by:
Name: Lee Perry, P.E., Sr. Water Engineer
Phone Ext 8938
PO # 158877
Respectfully submitted:
Purchasing
Expenditure Approved:
__________________________
City Manager or Designate
__________________________
Date
Revised 09/06
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
EXHIBIT 1
North South
Water Main
Phase II
City of Denton
CIP 2016-2020
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
EXHIBIT 2
||||
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
||||
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SECOND AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
CONTRACT NO. 4978
THIS SECOND AMENDMENT TO CONTRACT 4978 by and
between the City of Denton, and Freese and Nichols, Inc. );
The original Agreement provided for Freese and Nichols, Inc. services related to Architect
or Engineer Services for North-South Water Main Phases II and III as is contained in
Contract # 4978 (on file in the Purchasing Office). The initial agreement for the Basic
Services (Exhibit A), was approved on July 17, 2012, in the not-to-exceed amount of
$435,701. On October 1, 2014, Amendment #1 in the amount of $26,654 was approved for
North-South Main Phases II and III for a total not-to-exceed amount of $462,355 (Exhibit
A).
The CITY deems it necessary to further expand the goods/services provided by
SUPPLIER to the CITY;
NOW THEREFORE,
1. Amendment #2 in the amouTotal Contract Amount for
services not-to-exceed $516,155. Pricing shall be per Exhibit B
All other provisions of the contract 4978, as heretofore amended, remain in full force and
effect.
PSA 4978 Amendment #2 Page 1 of 2
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
IN WITNESS WHEREOF, the CITY and the SUPPLIER, have each executed this
Amendment, by and through their respective duly authorized representatives and officers
on this the _______________.
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: __________________________________
TODD HILEMAN
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
By: ___________________________________
SUPPLIER
FREESE AND NICOLS, INC.
A Corporation
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
PSA 4978 Amendment #2 Page 2 of 2
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
EXHIBIT B
DocuSign Envelope ID: 988F2263-BF25-4BBE-AABC-3E3C2A8AFF38
EXHIBIT B
Certificate Of Completion
Envelope Id: 988F2263BF254BBEAABC3E3C2A8AFF38Status: Completed
Subject: ****City Manager Approval ******Docusign Item 4978 Amendment #2
Source Envelope:
Document Pages: 10Signatures: 10Envelope Originator:
Supplemental Document Pages: 0Initials: 0Jody Word
Certificate Pages: 9
AutoNav: EnabledPayments: 0jody.word@cityofdenton.com
EnvelopeId Stamping: EnabledIP Address: 129.120.6.150
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Record Tracking
Status: OriginalHolder: Jody WordLocation: DocuSign
7/7/2017 6:40:51 AM jody.word@cityofdenton.com
Signer EventsSignatureTimestamp
Jody WordSent: 7/7/2017 8:11:05 AM
Completed
jody.word@cityofdenton.comViewed: 7/7/2017 8:11:21 AM
BuyerSigned: 7/7/2017 8:14:41 AM
Using IP Address: 129.120.6.150
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rebecca HunterSent: 7/7/2017 8:14:43 AM
Rebecca.Hunter@cityofdenton.comViewed: 7/7/2017 11:44:55 AM
Senior BuyerSigned: 7/7/2017 11:45:27 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jeff PayneSent: 7/7/2017 11:45:30 AM
jp@freese.comViewed: 7/7/2017 12:01:40 PM
Vice PresidentSigned: 7/7/2017 12:02:27 PM
Security Level: Email, Account Authentication
Using IP Address: 97.75.108.130
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 7/7/2017 12:01:40 PM
ID: 04742345-c659-4961-919e-51ac9e894ce1
Jennifer DeCurtisSent: 7/7/2017 12:02:30 PM
jennifer.decurtis@cityofdenton.comViewed: 7/10/2017 9:42:46 AM
Deputy City AttorneySigned: 7/10/2017 9:43:33 AM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer EventsSignatureTimestamp
Todd HilemanSent: 7/10/2017 9:43:36 AM
todd.hileman@cityofdenton.comViewed: 7/10/2017 9:49:25 AM
City ManagerSigned: 7/10/2017 9:49:42 AM
City of Denton
Using IP Address: 72.35.149.97
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 9:02:14 AM
ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21
Jennifer WaltersSent: 7/10/2017 9:49:45 AM
jennifer.walters@cityofdenton.comViewed: 7/10/2017 2:38:27 PM
City SecretarySigned: 7/10/2017 2:49:29 PM
City of Denton
Using IP Address: 129.120.6.150
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sherri ThurmanSent: 7/7/2017 12:02:30 PM
sherri.thurman@cityofdenton.comViewed: 7/7/2017 12:24:54 PM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robin FoxSent: 7/10/2017 9:43:36 AM
Robin.fox@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane RichardsonSent: 7/10/2017 2:49:31 PM
jane.richardson@cityofdenton.comViewed: 7/26/2017 11:20:47 AM
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer BridgesSent: 7/10/2017 2:49:31 PM
jennifer.bridges@cityofdenton.com
Procurement Assistant
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Carbon Copy EventsStatusTimestamp
Not Offered via DocuSign
Julia WinkleySent: 7/10/2017 2:49:31 PM
julia.Winkley@cityofdenton.com
Contracts Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lee PerrySent: 7/10/2017 2:49:31 PM
Lee.Perry@cityofdenton.comViewed: 7/11/2017 5:11:23 AM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott MaughnSent: 7/10/2017 2:49:33 PM
asm@freese.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie BungerSent: 7/10/2017 2:49:34 PM
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Tracy HoltSent: 7/10/2017 2:49:35 PM
Tracy.Holt@cityofdenton.comViewed: 7/10/2017 3:01:39 PM
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted7/10/2017 2:49:35 PM
Certified DeliveredSecurity Checked7/10/2017 2:49:35 PM
Signing CompleteSecurity Checked7/10/2017 2:49:35 PM
CompletedSecurity Checked7/10/2017 2:49:35 PM
Payment EventsStatusTimestamps
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.
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: kevin.gunn@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 kevin.gunn@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 kevin.gunn@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 kevin.gunn@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.
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.
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.