22-2265ORDINANCE NO. 22-2265
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORLZING THE APPROVAL OF A SECOND AMENDMENT TO APROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON ANDFREESE AND NICHOLS, INC., AMENDnvG THE CONTRACT APPROVED BY CITY
COUNCIL ON SEPTEMBER 22, 2020, IN THE NOT-TO-EXCEED AMOUNT OF $ 1,472,700.00;
AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAD SECONDAMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL, CONSTRUCTION, AND BIDPHASE SERVICES FOR THE LAKE RAY ROBERTS REGULATORY AND PERFORMANCE
UPGRADE PROJECT; PROviDnqG FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 6590-093 – PROVIDING FOR AN ADDITIONALSECOND AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $ 1,470,477.00, WITH
THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $3,606,487.00).
WHEREAS, on September 22, 2020, by Ordinance No. 20- 1828, the City awarded a contract
to Freese and Nichols, Inc ., in the amount of $ 1,472,700.00, to provide regulatory permitting, process
evaluation, design services, and Texas Water Development Board funding assistance in support of the
Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrades
Project; and
WHEREAS, on December 14, 2021, by Ordinace No. 21-2680, the City awarded a First
Amendment to Freese and Nichols, Inc., in the amount of $663,310.00, for design services for the
Lake Ray Roberts Water Treatment Plant Capacity Uprate, Regulatory and Performance Upgrades
Project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed Second Amendment are fair and
reasonable and are consistent with, and not higher than, the recommended practices and fees
applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDARVS:
SECTION 1. The Second Amendment, increasing the amount of the contract between the
City and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the
amount of One Million Four Hundred Seventy Thousand Four Hundred Seventy-Seven
($1,470,477.00) Dollars, is hereby approved and the expenditure of funds therefor is herebyauthorized in accordance with said amendment which shall be attached hereto. The total contract
amount increases to $3,606,487.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,„ t, ,pprove thi, „di„,„„ w„ made by Br IM hcl ,„d
seconded by JesSe C)(LL) iS . This ordinance was passed and approved by thefollowing vote
Aye
,//‘
/
P/
1/
\/,//
Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the ISM day of daVey„\b'r , 2022.
MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY b\\\1111111
-, P/##/7,
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn, o,
\JUVu =F,=S=rI:r:SET,ngn@,ity,f
denton.com. c=US
Date: 2022.10.27 20:56:33
-05'OO'
BY: \NxkcMJ\
DocuSign Envelope ID: 381E6AAC-D642“+A87-AID0-F266441D975A
DENTON
Docusign City Council Transmittal Coversheet
6590-093
File Name RRVrrp CAPACITY UPRATE REGULATORY AND PERFORMANCE UPGRAbES
P,r,h„i,g C,„t„t c 'Y;t;1 w';tb’"k
City Council Target Date NOVEMBER 15’ 2022
1 i cab1 ePiggy Back Option
Contract Expiration
Ordinance
Not App
N/A
LIL –ILL VJ
DocuSign Envelope ID: 381E6AAC-D642dIA87-AI D0-F266441D975A
SECOND AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND FREESE AND NICHOLS, INC.PSA 6590-093
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS SECOND AMENDMENT TO CONTRACT 6590-093 (“Amendment”) by
and between the City of Denton, Texas (“City”) and Freese and Nichols, Inc. (“Engineer“);
to that certain contract executed on September 22, 2020, in the original not-to-exceed
amount of $1,472,700 (the “Original Agreement”); amended on December 14, 2021 in the
additional amount of $663,310 aggregating a not-to-exceed amount of $2,136,010 (the
“First Amendment”); (collectively, the Original Agreement, the First Amendment are the
“Agreement”) for services related to the installation of the RRWTP Capacity UprateRegulatory and Performance Upgrades.
WHEREAS, the City deems it necessary to further expand the services provided byEngineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $1,470,477 with this Amendment for an aggregate not-to-exceed
amount of $3,606,487; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties“), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1.The additional services described in Exhibit 'W’ of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the RRWTP Capacity Uprate Regulatory and Performance Upgrades, are hereby
authorized to be performed by Engineer. For and in consideration of the additional
services to be performed by Engineer, the City agrees to pay, based on the cost
estimate detail attached as Exhibit “A”, a total fee, including reimbursement for
non-labor expenses an amount not to exceed $1,470,477.
2. This Amendment modifies the Agreement amount to provide an additional
$ 1,470,477 for the additional services with a revised aggregate not to exceed totalof $3,606,487.
PSA 6590-093 – Amendment #2 Page 1 of 2
DocuSign Envelope ID: 381E6AAC-D6424A87-AI D0-F266441D975A
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representativesand officers on this date 11/15/2022
“Engineer”“CITY”
FREESE AND NICHOLS, INC.
DocuSigned by:CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:t>Mil &cLsdll
AUTHORIZED SIGNATURE. TITLE
APPROVED AS TO LEGAL FORM:MACK REnqWAND, CITY ATTORNEY ATTEST:
ROSA RIOS, CITY SECRETARYDocuSlgned by:~:I "„„” L,„'~’DocuSigned by:
Re+4R&m
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
SIGNATURE
Stephen D. Gay
PRINTED NAME
D1 rector
TITLE
Water Uti 1 lt1 es
DEPARTMENT
PSA 6590-093 – Amendment #2 Page 2 of 2
DocuSign Envelope ID: 381E6AAC-D@+24A87-AI D0-F266zHID975A
Exhibit A
ATIACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF CLIENT
CITY OF DENTON RAY ROBERTS WATER TREATMENT PLANT CAPACITY RE-RATE AND PERFORMANCE
IMPROVEMENTS ADVERTISEMENT AND coNSTRUcrION PHASE GENERAL SERVICES
PROJECT UNDERSTANDING
The City of Denton (City) desires to conduct advertisement, request for proposal (RFP), and construct the Ray
Roberts Water Treatment Plant (RRWTP) Capacity Re-rate and Performance Improvements (Project). These
improvements were designed by Freese and Nichols, Inc. (FNI) under a separate Agreement for EngineeringRelated Professional Services.
The advertisement and RFP phase services are based on the use of the City’s standard front-end contract
documents and FNl’s technical documents. The project advertisement and RFP procedures will follow the
standard City processes and utilize the City’s Procurement and Solicitation Portal (i.e., lonWave) to post the
Project documents for advertisement. Based on the City’s standard front-end contract documents, the
competitive sealed proposal (CSP) process will be used. The Project RFP will be posted in the City’s local
media, and the City will pay the cost associated with the notice.
The construction phase services are based on the City’s standard front-end contract documents and FNl’s
technical documents. For this scope of services, the construction duration is assumed to be the following:
• Substantial Completion: 20 months from general Contractor’s notice to proceed.
• Final Completion: 22 months from general Contractor’s notice to proceed.
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the development of
the Project:
A PROJECT MANAGEMENT: Perform general duties associated with the Project, including progress
monitoring and monthly progress reporting, scheduling, general correspondence, documentation,
office administration, and invoicing for the scope items identified below. Documentation will be in
accordance with any regulatory requirements for the Project. These duties include maintaining
regular contact with the City to help meet the needs of the City in a timely manner and executing
work per the work plan, budget, and schedule.
B PROPOSAL OR NEGOTIATION PHASE: FNI shall provide professional services in this phase as follows:
Basis of Services
The City’s General Conditions for construction projects will be utilized on this Project.
Modifications to these services required by the use of other general conditions, procurement,
or contract administration procedures are an Additional Service.
The City agrees to include provisions in the Construction Contract Documents, ProJect
Manual and Plans for the Construction of the Ray Roberts Water Treatment Plant Capacity
Re-Rate and Performance Improvements , which will require the general Contractor to include
FNI and their subconsultants on this Project (1) to be listed as an additional insured on the
a
b
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Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AID0-F266441D975A
general Contractor’s insurance policies and to include a waiver of subrogation where
appropriate for the insurance policy and (2) to be listed as an indemnified party in the
Contractor’s indemnification provisions where the City is named as an indemnified party
2.Assist City in Securing Proposals.
a. Issue an Invitation to Offerors to prospective contractors and vendors listed in FNl’s database
of prospective bidders and to selected plan rooms. Provide a copy of the Invitation to Offerors
for the City to use in notifying construction news publications and publishing the appropriate
legal notice in the local media. The City shall pay the cost for publications.
Coordinate with the City to post a notice of the Project on the City’s Procurement Website
that lists projects for which bids and proposals are being solicited.
b
c. Coordinate with the City to post Contract Documents on the City’s Procurement Website
designed to allow prospective bidders and offerors to download documents for review and
use in preparing a bid and proposal.
Plan rooms, subcontractors, suppliers, and vendors will also have access to the Contractd
Documents through the City’s Procurement Website.
Those downloading Construction Documents may print copies of the Contract Documentse
from the downloaded files. Printed copies will not be provided to prospective bidders and
offerors by FNI.
These services are based on the use of the lonWave as the City’s Procurement Website. Thef
use of FNiManager as the procurement website is an Additional Service.
3.Pre-Proposal Conference.
a. Assist the City in conducting two (2) pre-proposal conferences for the construction project.
b. Attend the tour of the project site after the pre-proposal conferences.
c. Responses to questions at the pre-proposal conference will in the form of an addenda issued
after the conference
d. The list of those attending the pre-proposal conference will be posted to the City’sProcurement Website.
4.)posal Phase Requests for Information and Addenda
Assist the City by responding to questions and interpreting the proposal documents.
Assist the City by managing the responses to questions posted on the City’s Procurement
Website.
(1). The City will respond to questions related to the procurement process.(2). FNI will respond to questions related to the management/administration of the
construction contract, the design, and/or other technical elements of the proposal
documents
FNI will provide responses to the City for posting to the City’s Procurement Website.
Prepare and assist the City issue addenda to the proposal documents to plan holders, if
necessary.
(1). The City will prepare addenda items related to the procurement process.(2). FNI will prepare addenda items related to the management/administration of
construction contract, the design, and/or other technical elements of the proposal
documents.
C.
d.
5.Competitive Sealed Proposal Opening
a. Attend one (1) competitive sealed proposal opening.
b. Assist the City in the opening, tabulating, and analyzing the proposals received.SC-2
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Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D@12-+A87-AI D0-F266'MID975A
C.
d.
Assist the City review the proposal submittals to determine which proposals are responsiveto the Instructions to Offerors.
Assist the City review the offerors’ proposal packages, specifically the below-listed items, to
determine if the offeror meets the minimum qualifications outlined in the proposal
document and are considered responsive.
(1). Section 00 41 01 “Proposal Form."
(2). Section 00 42 44 “Unit Price Proposal Form."
(3). Offeror’s Past Experience Form.
(4). Offeror’s Organization Chart and Key Personnel Resume Form.
(5). Offeror’s Detailed Schedule and Written Plan to Achieve Substantial Completion and
Final Acceptance within the Contract Time.
(6). Offeror’s Safety Record.
(7). Section 0043 14 "Offeror’s Bond.”
(8). Section 00 43 38 “Proposed Subcontractors Form."
(9). Section 00 45 27 “Contractor Compliance with Worker’s Compensation Law."
(10). Section 00 45 44 “Corporate Resolution Authorizing Signatories."
Attend one (1) proposal evaluation workshop with the City to evaluate the submitted
proposals as outlined in Section 00 21 16 “Instructions to Offerors” of the Construction
Proposal Documents. The evaluation criteria include the following items:
(1). Proposal price.
(2). Quality, reputation, and ability to complete similar projects on schedule and within
budget.
(3). Offeror’s key personnel.
(4). Detailed schedule, phasing plan, and written plan to achieve Substantial and Final
Acceptance within the Contract Time.
(5). Offeror’s safety record.
Recommend award of contract or other appropriate actions to be taken by the City.
Pre-qualification of all prospective offerors and using a list of eligible offerors prior to the
competitive sealed proposal opening is an Additional Service.
e.
f.
g.
6.Printed Copies and Execution of Contract Documents
a. Conforming Documents:
(1). FNI will conform the construction proposal documents for execution by incorporating
information from the selected offeror and their surety into the construction proposaldocuments.
Conformed plans and technical specifications will incorporate any changes from issued
addenda into the final electronic documents, and the documents will be reprinted with
the appropriate changes noted and clouded per FNI conformed and record drawingstandards.
Notice of Award:
(1). The City will prepare a notice of award providing direction for the execution of the
proposal/contract documents and send it to the selected offeror electronically.
(2). The City will review and confirm that the documents have been properly executed and
signed by the selected offeror and proceed with execution by the City.
(3). The City will utilize DocuSign to electronically execute documents.
After the documents have been fully executed and found acceptable to the City, FNI will
prepare and distribute the following copies of the documents:
b
C
(1)City
(a)
(2).
Proposal and Specification Books: Five (5).
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Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D642-4A87-AI D0-F266441D975A
(b). Half-size (llx17) plan sets: Four (4).
(c). Full-size (22x34) plan sets: One (1).
(d). Electronic Documents (Adobe PDF): One (1).General Contractor:
(a). Proposal and Specification Books: Five (5).
(b). Half-size (llx17) plan sets: Three (3).
(c). Full-size (22x34) plan sets: Two (2).
(d). Electronic Documents (Adobe PDF): One (1).
Additional copies may be provided as an Additional Service.
(2).
(3).
C CONSTRUCTION PHASE GENERAL REPRESENTATION: Upon completion of the proposal or negotiation
phase services, FNI will proceed with the performance of construction phase general representationservices as described below.
In performing these services, it is understood that FNI does not guarantee the Contractor's
performance, nor is FNI responsible for the supervision of the Contractor's operation and employees.
FNI shalt 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 shalt not be
responsible for the acts or omissions of any person (except its own employees or agents) at the
Project site or otherwise performing any of the work of the Project.
These services are based on the use of the City’s standard General Conditions for construction
projects and assumes award of a single construction contract for all improvements implemented.
Modifications to these services required by multiple construction contracts or by the use of other
general conditions or contract administration procedures are an Additional Service. If General
Conditions other than FNl’s standard are used, the City agrees to include provisions in the General
Conditions that require the Contractor to include FNI: (1) as an additional insured and in any waiver
of subrogation rights with respect to such liability insurance purchased and maintained by the
Contractor for the Project (except workers’ compensation and professional liability policies); and (2)
as an indemnified party in the Contractor’s indemnification provisions where the City is named as an
indemnified party.
1.Standard Forms and Procedures:
a. Prepare standard forms for use by the City, FNI, and Contractor as part of the construction
phase.
b. Prepare standard procedures based on the proposal contract documents for use by the City,
FNI, and Contractor during the construction phase.
2.Pre-Construction Conference:
a. Assist the City in conducting one (1) pre-construction conference with the Contractor.
b. The purpose of this meeting is to:
(1). Introduce the City’s staff, FNl’s staff, and the Contractor’s staff.
(2). Review the overall project and special sequencing of construction that includes
shutdowns of existing facilities and critical tie ins.
(3). Review the contract administration including communication protocols, distributing
specification and plan sets, contract times and notice to proceed, constructionschedules prepared by the Contractor pursuant to the requirements of the
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Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
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construction contract, applications for payment, submittal procedures, and procedures
for changes to the contract.
Review the control and management of the site including the Contractor’s
responsibility for site safety, working hours, and emergencies.
Review the Contractor’s quality management responsibilities.
Review commissioning, starting, and initiation of operations procedures.
(4).
(5).
(6).
Deliverables:
(1). Meeting Agenda.
(2). Meeting Notes and Sign in List.
(2). Project Action Item Log.
(3). Project Decision Log.
C.
3.)mmunication Procedures and Monthly Updates:
Communication Procedures:
(1). Based on input received from the Pre-Construction Conference, FNI will establish
communication procedures with the City and Contractor.
The communication procedure will include a high-level project organization chart
showing typical communication pathways. In addition, a contact list will be prepared
for using in daily and emergency communications.
Monthly Updates:
(1). FNI will prepare, for the City’s use, monthly updates of the Project’s activities and
progress.
(2). These updates will include a summary of work completed by FNI and the Contractor
for the previous month; anticipated activities to be completed by FNI and the
Contractor for the upcoming month; scheduled meetings, workshops, and shutdowns;
duration of schedule utilized; construction amount spent; construction contract
changes including pending cost proposals, field orders, and change orders; and
photographs of various construction components.
(2).
ect Management Information Systems (PMIS):
The Project will utilize the City’s PMIS. Software for the PMIS is Procore.
Assist the City in setting up City’s PMIS for the construction phase by providing the necessary
information to the City.
The City’s PMIS will provide for:
(1). Monitoring the progress of the Contractor’s submittals and provide for filing and
retrieval of project documentation.
Producing monthly reports indicating the status of all submittals in the review process.
Review Contractor’s submittals, including requests for information, contract
modification requests, shop drawings, schedules, and other submittals in accordance
with the requirements of the construction contract documents for the Project.
Monitoring the progress of the Contractor in sending and processing submittals to see
that documentation is being processed in accordance with schedules.
C.
(2).
(3).
(4).
5. Submittals, Requests for Information, and Substitution Requests
a. Review Contractor’s submittals, including requests for information, shop drawings,
schedules, and other submittals in accordance with the requirements of the ConstructionContract Documents.
City of Denton
Ray Roberts Water Treatment Plant
SC-5
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AI D0-F266441D975A
b.
C.
Review quality-related documents provided by the Contractor, such as test reports,
equipment installation reports, or other documentation required by the ConstructionContract Documents.
Submittals (Product Data, Shop Drawings, and Operation and Maintenance Manuals)
(1). Provide review of up to 400 submittals (product data, shop drawings, and operation
and maintenance manuals).
(2). This total number of submittals includes submittals, re-submittals, draft manuals, and
final manuals. Reviewing submittals in excess of this quantity is an Additional Service.
Requests for Information
(1). Interpret the drawings and specifications for the City and Contractor.
(2). Prepare responses to requests for information and clarification submitted by the
Contractor through the PMIS.
(3). Provide responses of up to 100 requests for information and clarification. Responded
to requests in excess of this quantity is an Additional Service.
Substitution Requests
(1). Investigations, analyses, and studies requested by the Contractor and approved by the
City for substitution of equipment and/or materials or deviations from the drawings
and specifications is an Additional Service.
d.
e
6.Applications for Payment
a. Review of Applications for Payment:
(1). Based on FNl’s observations as an experienced and qualified design professional and
review of the Contractor’s payment requests and supporting documentation submitted
by the Contractor, determine the amount that FNI recommends the Contractor be paid
on monthly and final estimates, pursuant to the General Conditions of the ConstructionContract
(2). The City inspection services team will provide the initial review of the Contractor’s
application for payment.
(3). Once the City’s inspection services team and the Contractor are in agreement, thedocumentation will be submitted to FNI for review.
(4). FNI will review the documentation and submit to the City for signatures through
DocuSign
Provide review for the following applications for payment:(1). Schedule of Values: Review up to one (1) initial and one (1) resubmittal of the
Contractor’s proposed schedule of values.
Payment Application: Review up to twenty-one (21) payment applications.
Final Payment Application: Review up to one (1) final payment application.
b
(2).
(3).
struction Progress Meetings, Site Visits, and Workshops
Construction Progress Meetings:
(1). Monthly construction progress meetings will be conducted at the Project site to review
the status of construction, review the status of submittals and other documentation,
and discuss project needs and coordination.
Based on the estimated construction duration, twenty-one (21) monthly construction
meetings are included with this Scope of Services. The first construction meeting is
associated with the pre-construction meeting covered previously in this Scope ofServices.
Meetings in excess of the specified number are an Additional Service.
(2).
(3).
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Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AI D0-F266441D975A
(4).Deliverables:
Meeting Agenda.
Meeting Sign in.
Submittal Log.
Contract Change (Cost Proposals, Field Orders, and Change Orders) Log.Contractor-furnished Construction Schedule
Contractor-furnished Four-week Look Ahead Schedule(f)
(a).
(b).
(C).
(d).
(e).
b.Site Visits:
(1). Make site visits to the construction site, as distinguished from the continuous services
of a Resident Project Representative, to observe the progress and quality of work and
to attempt to determine, in general, if the work is proceeding in accordance with theconstruction contract documents.
(2). These sites visits will be conducted separately from the construction progress meetingsidentified above
In this effort, FNI will endeavor to protect the City against defects and deficiencies in
the work of the Contractor and will report any observed deficiencies to the City.
(3). Notify the City and Contractor of non-conforming work observed during visits.
(4). The following number of site visits are included with this Scope of Services:
(a). FNl’s Project Manager/Assistant Project Manager: Twenty-one (21).
(b). Process Engineer – Ozone: Three (3).
(c). Electrical Engineer: Fourteen (14).
(d). Structural Engineer: Three (3).
(e). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: Two (2).
(f). Site Civil Engineer: Two (2).
(g). Architect: Two (2).
(5). Site visits in excess of the specified number are an Additional Services.
(2).
struction Contract Modifications and Claims
Construction Contract Modifications:
(1). Establish procedures for administering changes to the construction contract.
(2). Prepare documentation for contract modifications required to implement
modifications. Process contract modifications and negotiate with the Contractor on
behalf of the City to determine the cost and time impact of these changes
Prepare change order documentation for approved changes for execution by the City.
Documentation of field orders, where construction schedule (days) and the cost to the
City is not impacted, will also be prepared.
Investigations, analyses, studies, or design for substitutions of equipment or materials,
corrections of defective or deficient work of the Contractor, or other deviations from
the construction contract documents requested by the Contractor and approved by the
City are an Additional Service.
Substitution of materials or equipment or design modifications requested by the Cityare an Additional Service.
Construction Claims:
(1). Receive and evaluate notices of Contractor claims and make recommendations to the
City on the merit and value of the claim on the basis of information by the Contractor
or available in the project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the City, if
appropriate.
(3).
(4).
(5).
(6).
b.
(2).
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(3). Providing these services to review or evaluate construction Contractor claim(s),
supported by causes not within the control of FNI, are an Additional Service.
nsfer of Owner Pre-selected or Pre-purchased Items
Assist in the transfer of and acceptance by the construction Contractor of any equipment or
materials pre-selected or pre-purchased by the City, as identified in the construction contractdocuments.
10. Substantial and Final Completion Review and Site Visitsa. Substantial Review and Site Visit
(1). Conduct, in company with the City’s representative, one (1) substantial completion
review and site visit of the Project for conformance with the design concept of the
Project and general compliance with the Construction Contract Documents.
(2). Prepare a list of deficiencies to be corrected by the Contractor before the
recommendation for final payment.
(3). Assist the City in obtaining legal releases, permits, warranties, spare parts, and keysfrom the Contractor.
(4). In addition to the substantial completion review and site visit, the additional site visits
listed below are included with this Scope of Services to assist the City with questions
while the Contractor completes the deficiency list:
(a). FNl’s Project Manager/Assistant Project Manager: Two (2).
(b). Process Engineer – Ozone: One (1).
(c). Electrical Engineer: Two (2).
(d). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: One (1).
(e). Site Civil Engineer: One (1).
(e). Architect: One (1).Final Review and Site Visit
(1). Conduct, in company with the City’s representative, one (1) final review and site visit
of the Project to determine the substantial completion deficiency list has been
completed by the Contractor.(2). Review and provide comment on the certification of completion and the
recommendation for final payment to the Contractor.
b
11. Record Plansa. Revise the construction plans in accordance with the information furnished by the
construction Contractor reflecting changes in the Project made during construction. Furnish
the City with the following copies of “Record Drawings:"
(1). Half-size (llx17) plan set on bond paper: Three (3).
(2). Full-size (22x34) plan set on pond paper: Two (2).
(3). Full size (22x34) plan set on Mylar: One (1).
(4). Electronic (Adobe PDF) plan set: One (1).
b. Additional copies may be provided as an Additional Service.
SC-8
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D&+2-+A87-AI D0-F266zHID975A
WITNESS TESTING AND STARTUP/COMMISSIONING: FNI shall provide professional services during the
construction of the Project:
1.Major Equipment Factory Witness Testing
a. The specifications provided with the construction contract documents are written such that
the City may elect to witness the factory performance tests of the equipment identifiedbelow.
b. FNI would be compensated for the labor incurred for such witness tests.
c. The construction contract document specifications listed below have been prepared with the
requirement that all travel expenses will be paid for by the equipment manufacturer.
d. The construction contract document specifications have been prepared requiring that FNl’s
labor and expenses incurred to witness testing following unacceptable tests must be paid for
by the equipment manufacturer.
e. This task will only be initiated upon written authorization from the City. Should the City elect
to have FNI witness the factory performance of the major equipment identified below, the
identified engineer will provide the following services:
(1). Travel to the test location,
(2). Witness the performance tests,
(3). Provide recommendations to the City regarding acceptance, and
(4). Provide a technical memorandum summarizing the testing.
The following factory performance tests for major equipment are anticipated:
(1). Section 26 29 23 “Medium Voltage Adjustable Frequency Drives" – Two (2) units:
(a). One Electrical Engineer, One (1) trip, Five (5) days.
(2). Section 40 90 02 "Supervisory Control and Data Acquisition," Paragraph 3.06 – FactoryWitness Test:
(a). One Electrical Engineer, one (1) trips, four (4) days.
f
2.Witness Testing
a. The specifications provided with the construction contract documents are written such that
the witness tests identified below are required.
b. This witness testing will be conducted at the Project site by the identified engineer.
c. The following witness tests are anticipated:
(1) Section 40 90 02 “Supervisory Control and Data Acquisition,” Paragraph 3.07 – Software
Acceptance Test:
(a). One Electrical Engineer, four (4) trips, four (4) days.
(2). Section 40 90 02 “Supervisory Control and Data Acquisition," Paragraph 3.08 and 3.09
– Operational Readiness Test and Functional Demonstration Test:
(a). One Electrical Engineer, fourteen (14) trips, fourteen (14) days.
3.Process Startup And Commissioning
a. This task will only be initiated upon written authorization from the City. Should the City elect
to have FNI onsite for facility startup and commissioning of the major processes identified
below, the identified engineer will provide the following services:
(1). Witness the startup and commissioning,
(2). Provide input to the City’s field inspection staff and Contractor regarding any necessary
modifications, and
(3). Provide recommendations to the City regarding acceptance.
SC-9
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AID0-F266441D975A
b.The following major process startup and commissioning items are anticipated:
(1). Filter Nos. 1– 4 Valve Replacement and Operational Changes
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
Filter Nos. 5 – 8 Valve Replacement and Operational Changes
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
Backwash Supply Storage Filling and Filter Nos. 1 – 8 Integration
(a). FNI Project Manager/Assistant Project Manager: Five (5) days.
(b). Electrical Engineer: Five (5) days.
1000 HP Medium Voltage Adjustable Frequency Drive
(a). FNI Project Manager/Assistant Project Manager: Three (3) days.
(b). Process Engineer: Three (3) days.
(c). Electrical Engineer: Five (5) days.
(2).
(3).
(4).
E FULL-TIME RESIDENT PROJECT REPRESENTATION: Resident project representation during the
construction phase is not included in this Scope of Services.
ARTICLE II
SPECIAL SERVICES: FNI shall render the following professional services, which are not included in the Basic
Services described above, in connection with the development of the Project:
1 ADDITIONAL CONSTRUCTION SITE VISITS
a. FNI will provide the additional site visits outlined below, at the request of the City, to support
the City’s staff during the Construction Phase:
(1). FNl’s Project Manager/Assistant Project Manager: Twenty-one (21).
(2). Process Engineer – Ozone: One (1).
(4). Structural Engineer: Three (3).
(5). Electrical Engineer: Seven (7).
(6). Heating, Ventilation, and Air Conditioning (HVAC) Mechanical Engineer: Two (2).
(7). Site Civil Engineer: One (1).
(8). Architect: Two (2).
(9). Geotechnical Engineer/Geologist: Two (2).
2 PART-TIME PROJECT INSPECTION SUPPORT
a. The City intends to utilize City staff to provide field inspection services and represent the Cityin the field
b. In addition to these City furnished services, FNI will provide the identified staff and the
following services:
(1). Construction Manager: 200 hours (averages to 10 hours per month for 20 months).
(2). Construction Inspector: 900 hours (averages to 10 hours per week for 20 months).
These services will provide support to the City’s field inspection services staff and would be
available, as needed, for questions and field support during construction activities. These
services are not intended to be full-time resident project representation and will not include
C
d.any inspection services.
The identified FNI staff will provide input to the City’s field inspection services staff and FNl’s
project manager and assistant project manager regarding the work observed in the field.
SC-10
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D642zbA87.A1 D0-F266441D975A
3 OPERATION AND MAINTENANCE MANUAL
a. Provide an update to the Operation and Maintenance (O&M) Manual for the Ray Roberts
Water Treatment Plant to reflect the Filter operational changes for filtration and backwash.
The O&M Manual revisions will be consistent with current TCEQ requirements. The O&M
Manual revisions will focus on the Filter modifications and improvements constructed as part
this Project.
FNI will participate in one (1) quality review workshop, review updated sections of the
manual, and receive input from the City.
b
c. FNI will prepare three (3) hard copies of the final O&M Manual revisions and one (1) copy in
Adobe PDF format to the City.
4. PUBLIC UTILITIES BOARD AND CITY COUNCIL MEETINGS
a. Present at up to two (2) Public Utilities Board meetings.
b. Present at up to two (2) City Council meetings.
ARTICLE III
ADDITIONAL SERVICES: Any services performed by FNI that are not included in the Basic Services or Special
Services described above are Additional Services. Additional Services to be performed by FNI, if authorized
by the City, are described as follows:
1. Design of elements not originally included in the Capacity Re-rate and Performance
Improvements Design Project.
2.Field layouts or the furnishing of construction line and grade surveys.
3.GIS mapping services or assistance with these services.
4. Making property, boundary and right of way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
5. Providing services to investigate existing conditions or facilities, or to make measured drawings
thereof, or to verify the accuracy of drawings or other information furnished by City.
6.Providing renderings, models, and mock-ups requested by the City.
7. Revisions to drawings, specifications, or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by the City or 2) due to other causes
not solely within the control of FNI.
8. Providing consultation concerning the replacement of any Work damaged by fire or other cause
during the construction and providing services as may be required in connection with the
replacement of such Work.
9. 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 City.
SC-11
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AI D0-F266441D975A
10. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
11. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory
tests of equipment not specifically identified in Article 1 or Article II at any site remote to the
project or observing tests required as a result of equipment failing the initial test.
12. Conducting pilot plant studies or tests.
13. Preparing Operation and Maintenance Manuals or conducting operator training, except for items
specifically provided for in Article 1.
14. Preparing data and reports for assistance to the City in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations thereof before any regulatory agency, court, arbitration panel or
mediator.
15. Furnishing the services of a Resident Project Representative to act as the City’s on-site
representative during the Construction Phase. The Resident Project Representative will act as
directed by FNI in order to provide more extensive representation at the Project site during the
Construction Phase. Through more extensive on-site observations of the work in progress and
field checks of materials and equipment by the Resident Project Representative and assistants,
FNI shall endeavor to provide further protection for the City against defects and deficiencies in
the work. Furnishing the services of a Resident Project Representative is subject to the provisions
of Article 1, F and Attachment RPR, if applicable.
16. If the City provides personnel to support the activities of the Resident Project Representative who
is FNI or FNl’s agent or employee, the duties, responsibilities, and limitations of authority of such
personnel will be set forth in an Attachment attached to and made a part of this Agreement
before the services of such personnel are begun. It is understood and agreed that such personnel
will work under the direction of and be responsible to the Resident Project Representative. The
City agrees that whenever FNI informs him in writing that any such personnel provided by the
City are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced.
17. Furnishing Special Inspections required under chapter 17 of the International Building Code.
These Special Inspections are often continuous, requiring an inspector dedicated to inspection of
the individual work item, and they are in addition to General Representation and Resident
Representation services noted elsewhere in the contract. These continuous inspection services
can be provided by FNI as an Additional Service.
18. Assisting the City in preparing for, or appearing at litigation, mediation, arbitration, dispute review
boards, or other legal and/or administrative proceedings in the defense or prosecution of claims
disputes with Contractor(s).
19. Performing investigations, studies, and analyses of substitutions of equipment and/or materials
or deviations from the drawings and specifications.
20. Assisting the City in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this Agreement. Such services, if any, shall be furnished by FNI
on a fee basis negotiated by the respective parties outside of and in addition to this Agreement.
SC-12
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC.D@12-+A87-AI D0-F266441D975A
21. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting
assistance, and other assistance required to address environmental issues.
22. Performing investigations, studies, and analyses of work proposed by construction contractors tocorrect defective work.
23. Design, contract modifications, studies, or analyses required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
24. Services required to resolve bid protests or to rebid the projects for any reason.
25. Visits to the site in excess of the number of trips included in Article 1 or Article II for periodic site
visits, coordination meetings, or contract completion activities.
26. Any services required as a result of default of the Contractor(s) or the failure, for any reason, of
the Contractor(s) to complete the work within the contract time.
27. Providing services after the completion of the construction phase not specifically listed in Article I
or Article II.
28. Providing basic or additional services on an accelerated time schedule. The scope of this service
includes cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed
by the City.
29. Providing services made necessary because of unforeseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form.
30. Providing services to review or evaluate construction Contractor(s) claim(s), provided said claims
are supported by causes not within the control of FNI.
31. Providing value engineering studies or reviews of cost savings proposed by construction
Contractor(s) after bids have been submitted.
32. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
33. Providing follow-up professional services during Contractor’s warranty period, except when
specifically provided for in Article 1 or Article II.
SC-13
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AID0-F266441D975A
ARTICLE IV
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services in accordance with the following schedule:
• Proposal or Negotiation Phase Services: Four (4) months from Notice to Proceed.
• Construction Phase General Representation:Twenty-four (24) months from the GeneralContractor Notice to Proceed.
Provides for two (2) months to develop record
plans after construction.
• Resident Representative Phase Not included with this Scope of Services.
If FNl’s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in City
or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this Agreement and inAttachment CO.
ARTICLE V
RESPONSIBILITIES OF THE CITY: The City shall perform the following in a timely manner so as not to delaythe services of FNI:
A.The City recognizes and expects that change orders may be required to be issued during construction.The responsibility for the costs of change orders will be determined on the basis of applicable
contractual obligations and professional liability standards. FNI will not be responsible for any change
order costs due to unforeseen site conditions, changes made by or due to the City or Contractor, or
any change order costs not caused by the negligent errors or omissions of FNI. Nothing in this
provision creates a presumption that, or changes the professional liability standard for determining
if, FNI is liable for change order costs. It is recommended that the city budget a minimum of 5% for
new construction and a minimum of 10% for construction that includes refurbishing existingstructures.
B.Designate in writing a person to act as the City’s representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit instructions,
receive information, interpret, and define the City’s policies and decisions with respect to FNl’s
services for the Project.
C.Provide all criteria and full information as to the City’s requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which the City will require to be included in the drawings and specifications.
D.Assist FNI by placing at FNl’s disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
SC-14
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D&+24A87-AI D0-F266441D975A
E.
F.
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.
Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as the City
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay, or cause rework in, the services of FNI.
G.
H.
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.
The City shall make or arrange to have made all subsurface investigations, including but not limited
to borings, test pits, soil resistivity surveys, and other subsurface explorations. The City shall also
make or arrange to have made the interpretations of data and reports resulting from such
investigations. All costs associated with such investigations shall be paid by the City.
1.Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as the City may require or FNI may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s),
such auditing service as City may require to ascertain how or for what purpose any Contractor has
used the moneys paid under the construction contract, and such inspection services as City may
require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishing and performing the work.
J.If the City designates a person to serve in the capacity of Resident Project Representative who is not
FNI or FNl’s agent or employee, the duties, responsibilities, and limitations of authority of such
Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of
this Agreement before the Construction Phase of the Project begins. Said attachment shall also set
forth appropriate modifications of the Construction Phase General Representation services as
defined in Attachment SC, Article 1, F together with such adjustment of compensation as appropriate.
FNI shall not be responsible for the decisions, actions, or directions made or given by a third-party
Resident Project Representative, not for the acts or omissions of any person (except its own
employees and agents) at the Project site or otherwise performing any of the work of the Project.
K.
L.
Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and
other job-related meetings and substantial completion inspections and final payment inspections.
Give prompt written notice to FNI whenever the City observes or otherwise becomes aware of any
development that affects the scope or timing of FNl’s services, or any defect or nonconformance of
the work of any Contractor.
M.
N.
Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article III of this
Agreement, or other services as required.
Bear all costs incidental to compliance with the requirements of this Article V.
SC-15
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D6424A87-AI D0-F266441D975A
ARTICLE VI
COMPENSATION: The following is the breakdown of the proposed fees and in accordance withAttachment CO:
COMPENSATION TYPE
BASIC SERVICES
A – Project Management
B – Proposal or Negotiation Phase
C – Construction Phase General Representation
D – Witness Testing and Startup/Commissioning
Total Basic Services Fee
$104,208
$117,936
$805,756
$155,5088
Lump Sum
Lump Sum
Lump Sum
L
SPECIAL SERVICES
SS.1 – Additional Construction Site Visits $69,734 Cost Plus Multiplier
(Time and Materials)
Cost Plus Multiplier
(Time and Materials)
Cost Plus Multiplier
(Time and Materials)
Cost Plus Multiplier
(Time and Materials)
SS.2 – Part-Time Project Inspection Support $183,479
SS.3 – Operation and Maintenance Manual $26,916
SS.4 – Public Utilities Board and City Council
Meetings
Total Special Services Fee
$6,940
$287,069
Total Fee $1,470,477
SC-16
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D&124+A87.A1 DO.F266441D975A
ARTICLE VII
DESIGNATED REPRESENTATIVES: FNI and City designate the following representatives:
City’s Designated Representative:Stephen GayWater Utilities Director
City of Denton901-B Texas Street
Denton, Texas 76209
Stephen.Gay@cityofdenton.com
FNl’s Designated Representative:James Naylor, P.E., BCEE
Vice President/Principal
101 South Locust Street, Suite 202
Denton, Texas 76201
(214) 217-2223 [office] 1 (817) 874-4187 [mobile]
James.Naylor@freese.com
FNl’s Accounting Representative:Erin Westbrook
Operations/Financial Analyst
801 Cherry Street, Suite 2800Fort Worth, Texas 76102
(817) 735-7395 [office]
Erin .Westbrook@freese.com
SC-17
City of Denton
Ray Roberts Water Treatment Plant
Capacity Re-rate and Performance Improvements Advertisement and Construction Phase General Services
DocuSign Envelope ID: 381E6AAC-D&+2'+A87-AID0-F266441D975A
COMPENSATION ATTACHMENT CO
Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of One Million One Hundred Eighty Three
Thousand Four Hundred Eight Dollars (Sl,183,408)
Compensation to FNI for Special Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges, but shall not exceed Two Hundred Eighty Seven Thousand Sixty Nine Dollars ($287,069)
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those
services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before
proceeding. Additional Services shall be computed based on the fo Flowing Schedule of Charges.
Position
Professional 1
Professional 2
Professional 3
Professional 4
Professional 5
Professional 6
Construction Manager 1
Construction Manager 2
Construction Manager 3
Construction Manager 4
Construction Manager 5
Construction Manager 6
Construction Representative 1
Construction Representative 2
Construction Representative 3
Construction Representative 4
CAD Technician/Designer 1
CAD Technician/Designer 2
CAD Technician/Designer 3
Corporate Project Support 1
Corporate Project Support 2
Corporate Project Support 3
Intern / Coop
Hourly Rate
Min
79
103
99
155
185
200
98
85
125
146
181
223
80
82
94
108
65
106
138
54
70
111
47
Max
138
161
226
235
330
390
127
163
154
200
252
283
81
89
150
171
136
158
200
110
175
262
80
Rates for in.House Services and Equipment
Mileage Bulk Printing and Reproduction
Standard IRS Rates B&W
$0.10
Equipment
Valve Crew Vehicle (hour) $75
Pressure Data Logger (each) $200
Water Quality Meter (per day) $100
Microscope (each) $150
Pressure Recorder (per day) $100
Ultrasonic Thickness Guage (per day) $275
Coating Inspection Kit (per day} $275
Flushing / Cfactor (each) $500
Backpack Electrofisher (each) $ 1,000
Survey Grade Standard
$200 $100
$150 S50
Technology Charge
$8.50 per hour
Small Format (per copy)
Large Format (per sq. ft.)
Bond
Glossy / Mylar
Vinyl / Adhesive
Color
$0.25
$0.25
$0.75
$1.50
$0.75
$1.25
$2.00
Mounting (per sq. ft.)
Binding (per binding)
$2.00
$0.25
Drone (per day)
GPS (per day)
OTHER DiRECr EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performingthe same or similar services.
These ranges and/or rates will be adjusted annually in February. Last updated 2022.
330062022
[k>cuSign
Certificate Of Completion
Envelope Id: 381E6AACD6424A87AI DOF266441D975A
Subject: Please DocuSign: City Council Contract 6590-093 Amendment 2
Source Envelope:
Document Pages: 21
Certificate Pages: 6
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Status: Completed
Signatures: 5
Initials: 1
Envelope Originator:
Crystal Westbrook901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
10/10/2022 1 :08:31 PM
Holder Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Signature Timestamp
Sent: 10/1 0/2022 1:11:17 PM
Viewed: 10/1 0/2022 1:11 :27 PM
Signed: 10/10/2022 1:12:13 PM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account AuthentiGation(None)
Sent: 10/10/2022 1 :12:16 PM
Viewed: 10/1 1/2022 7:54:24 AM
Signed: 10/1 1/2022 7:55: 13 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
-DocuSlgned by:
IALartLhLhhA,
.4B070831B4AA438
Sent: 10/1 1/2022 7:55:18 AM
Viewed: 10/1 3/2022 1 :45:03 PM
Signed: 10/1 3/2022 2:12:41 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
David Jackson
drj@freese.com
Vice President
Security Level: Email, Account Authentication(None)
’DocuSlgned bV1 Daall beEsoh15B5A941D2364D5.
Sent: 10/1 3/2022 2:12:45 PM
Viewed: 10/1 3/2022 6:01 :12 PM
Signed: 10/1 3/2022 6:01 :43 PM
Signature Adoption: Pre-selected Style
Using IP Address: 104.209.239.171
Electronic Record and Signature Disclosure:Accepted: 10/13/2022 6:01:12 PMID: fd41a97b-lb5041 08-959648789f32bc88
Signer Events
Stephen D. Gay
stephen.gay@cityofdenton .com
Director
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 10/1 3/2022 6:01 :47 PM
Resent: 10/21/2022 1 :03:22 PM
Viewed: 10/21/2022 1:32:08 PM
Signed: 10/21/2022 1 :38:33 PMSignature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure;Accepted: 10/14/2022 9:46:00 AM
ID: b74dbfb2-38d7-+07f-a824-ee7053fbbd48
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 10/21/2022 1:38:37 PM
Viewed: 11/1 6/2022 9:11 :40 AM
Signed: 11/16/2022 9:12:05 AMUsing IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
'DoeuSigned by:
I SMA HtMI&7
5236DB296270423.
Sent: 11/1 6/2022 9:12:09 AM
Viewed: 11/1 6/2022 9:17:51 AM
Signed: 11/16/2022 9:17:55 AM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.198.132
Signed using mobile
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication(None)
'DocuSlgned by:
I Ran Ria+
IC5CA8C5EI 75493
Sent: 11/1 6/2022 9:18:00 AM
Viewed: 11/1 6/2022 4:42:38 PM
Signed: 1 1/1 6/2022 4:43:29 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Accepted: 11/1 6/2022 4:42:38 PMID: e35b5a5b-9e23'+76f-a361-6feaa18bfd29
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status
Status
Timestamp
Certified Delivery Events Timestamp
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 10/10/2022 1:12:16 PM
Carbon Copy Events
Scott Hubley
chris.johnson@freese.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 10/29/2021 5:15:35 AMID: 59beabd6428142c2-a9ed-f902c68fea9e
Status Timestamp
Sent: 10/1 3/2022 2:12:45 PM
Viewed: 10/1 3/2022 7:56:41 PM
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 10/21/2022 1:38:37 PM
Viewed: 10/24/2022 9:17:43 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email. Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 11/16/2022 4:43:33 PM
Viewed: 11/17/2022 10:21 :33 AM
Annie Bunger
annie.bunger@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Accepted: 8/22/2022 6:39:14 AMID: 5bb47e572lb8d48df-9f932lec29141b09a
Sent: 11/1 6/2022 4:43:37 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
10/10/2022 1 :11 :18 PM
11/16/2022 4:42:38 PM
11/16/2022 4:43:29 PM
11/16/2022 4:43:37 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: David Jackson, Stephen D. Gay, Rosa Rios, Scott Hubley, Annie Bunger
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
rating Systems0
Browsers (for SENDERS)
Browsers (for SIGNERS)
I
Internet Exolorer 6.0? or above
mlet Explorer 6.0?, Mozilla FireFox 1.0
NetScape 7.2 (or above)
Rccess to a valid email account
x
Email
Screen Resolution
nabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTtP 1.1 settings viaOxy 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.
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