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HomeMy WebLinkAbout1999-155ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC, FORT WORTH, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377) FROM BENT CREEK ESTATES TO HAMILTON ROAD, IN DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems that it is in the public interest to engage Kimley- Horn and Associates, Inc, a Corporation ("KH"), to provide professional engineering services to the City respecting the design and construction of a certain twenty inch water main, approximately 8500 feet in length, along Fort Worth Drive (U S Highway 377) from Bent Creek Estates to Hamilton Road, in Denton, Denton County, Texas, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional consulting services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc , a Corporation, of Fort Worth, Texas, for professional engineering services pertaining to the design and construction of a certain twenty inch water main along Fort Worth Drive (U S Highway 377), from Bent Creek Estates to Hamilton Road, in Denton, Denton County, Texas, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SSECTION II That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of KH and the ability of KH to perform the services needed by the City for a fair and reasonable price SECTION III That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 0 day of / 11999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By /& g S \Our DocumentAOrdirimm M HEngr PSA Hwy 377 Wtrdoc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377), FROM BENT CREEK ESTATES TO A POINT APPROXIMATELY 1,500-FT NORTH OF CRAWFORD ROAD, IN DENTON, DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into as of the -- day of 1999, by and between the City of Denton, Texas, a Texas Municipal Corpordnoi , with its principal offices at 215 E McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and Kimley-Horn and Associates, Inc a Corporation, with its offices at 801 Cherry Street, Suite 1100, Fort Worth, Texas 76102 (hereinafter "CONSULTANT"), the parties acting herein, by and through their duly -authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project Engineering services pertaining to the design and construction of a twenty inch water main approximately 17,800 feet in length along Fort Worth Drive (U S Highway 377) from Bent Creek Estates to approximately 1,500 feet north of Crawford Road, in Denton, Denton County, Texas (the "Project") ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A To perform all those services and tasks as set forth in CONSULTANT'S "Scope of Services", which is a five (5) page document attached hereto and incorporated herewith by reference as Exhibit "A" B If there is any conflict between the terms of this Agreement and the two Exlubits attached to this Agreement, the terms and conditions of this Agreement shall govern and shall control over the terms and conditions of the Exhibits ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above -described Scope of Services, set forth in Article II A above, are as follows A During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced hereinabove D Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications E Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER F Providing additional easement or right-of-way acquisition services G Providing additional presentation(s) to the Denton Public Utility Board and/or the City Council H Provide construction staking I Provide additional printing for bidding document distribution J Provide additional documentation required by the OWNER's legal representative during condemnation proceedings K Provide any easement acquisition services beyond the preparation of the easement document L Obtain right of entry for easement survey M Additional meetings during construction N Provide shop drawing review other than boring submittals P WjO 05\PROMSN MENTON m)MHWYPI]O Page 3 01 10 O Attend final walk-through ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth in Exhibit "A" hereto, as expeditiously as possible, in accordance with the Schedule shown at page five (5) of said Exhibit "A" ARTICLE V COMPENSATION A COMPENSATION TERMS I "Subcontract Expense" is defined as expenses incurred by CONSULTANT in the employment of others in outside firms, for services in the nature of professional engineering, surveying, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten (10%) percent 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any assignment or expense reasonably incurred by the CONSULTANT in the performance of this Agreement for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment, expressly including, without limitation, telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project Direct Non -Labor Expenses shall be invoiced to OWNER at CONSULTANT's actual cost, with the exception of photocopy charges, which shall be billed at a rate not to exceed ten cents per copy, and telecopy charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing telecopies from CONSULTANT There shall be no charge by CONSULTANT for incoming telecopies To the extent that the provisions of Article V of this Agreement conflict with the provisions of paragraph 4 of Exhibit "B", attached hereto and described hereafter, the provisions of Article V of this Agreement shall govern B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT (based upon the satisfactory completion of the five Tasks set forth in the Scope of Services as shown in Exhibit "A" hereto, at the hourly rates set forth in Exhibit `B", entitled "Compensation", which is attached hereto and made a part of this Agreement), a total lump -sum fee, including reimbursement for Subcontract Expense and Direct Non -Labor Expense, in the amount of $ 172,800 00 P Wlu 05TRO"p WEWONN%J3 "WYI71 DOC eag a 10 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designees, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five (5%) percent of the contract amount until satisfactory completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated heremabove, without first having obtained written authorization from the OWNER CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services" without obtaining prior written authorization from OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on the Schedule of Charges at the hourly rates set forth in Exhibit "B" Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements shall not be submitted to OWNER more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the work is unsatisfactory, in accordance with Article V of this Agreement ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants P WIMM 03NROPOSA TEM Mv%)37MVNJ]t CaX Page 4 of 10 ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate P WINXp 05WR0MSALXVFM 0Mhn)3nHWY377p Page 5 0[ 10 B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant If applicable, OWNER shall allow CONSULTANT reasonable time to transition and to turn over the Project to a new Consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the P W 1. OSpROPOSWDEMON ., 37MWY377O Page 5 ., to date of termination but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, by means of U S Mail, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT Kimley-Horn and Associates, Inc Glenn Gary, P E 801 Cherry Street, Suite 1100 Fort Worth, Texas 76102 To OWNER City of Denton, Texas Howard Martin, ACM/Utilities 215 East McKinney Denton, Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing notice, whichever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and two (2) Exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision P\O I..5PR0P05AUDE=Mx)37MWY3)I p Page 7 of 10 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the tern of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall notify OWNER of any change of its name and any significant change in its corporate structure or operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth P\OIIXaa0 o5\PR0PVM\DENT0Mmx 1]7\HWV3']EaM Page a of 10 ARTICLE XXII MISCELLANEOUS A The following Exhibits are attached to and made a part of this Agreement 1 Exhibit "A" ("Scope of Services" consisting of five pages) 2 Exhibit `B" ("Compensation' consisting of two pages) B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the parties agree that Glenn Gary shall serve as the Project Manager for CONSULTANT This Agreement has been entered into with the understanding that Glenn Gary shall serve as the key person on the Project However, nothing herein shall limit CONSULTANT from using other qualified and competent members of their firm to perform the services required herein under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement P Wl1 115WROMISA 0ENNM1.,3MNWY377 MC Page 9 of 1a IN WITNESS WHEREOF, the City of Denton, Texas has (4) original counterparts, by and through its duly -authorized Cit has exgsuted this Agreement by and through its duly -authorized Z—Z day of �Q, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY By awU APPROVED AS TO LEGAL FORM 0 HERBERT L PROUTY, CITY ATTORNEY By ' ,N 6L ATTEST "CITY" y executed this Agreement in four Manager, and CONSULTANT undersigned officer, on this the CITY OF DENTON, TEXAS By , Michael r Tez, aliager "CONSULTANT" KIMLEY-HORN AND ASSOCIATES, INC , a Corporation By Charles M Staples, P E Vice -President By P\OiM 03PROPW WEMf 1H 13MHWYI]]OOC PagC 10 Of 10 EXHIBIT A to Agreement Between the City of Denton, Texas (OWNER) and Kimley-Horn and Associates, Inc (CONSULTANT) for Professional Services SCOPE OF SERVICES 1 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services 2 UNDERSIGNED shall prepare construction plans, details, specifications, permits, and Opinion of Probable Construction Cost for the following The 20-inch Waterline in U S Ihghway 377 3 Project understanding 20-inch Waterline along U.S. Highway 377 The 20-inch waterline along U S Highway is approximately 17,800 feet Phase 1 is approximately 8,500 feet The general alignment is along Highway 377 from the north side of the Burlington Northern Santa Fe Railroad to Hamilton Rd Phase 2 is approximately 9,300 feet The general alignment is along Highway 377 from Hamilton Rd to a point approximately 1,500 feet north of Crawford Rd Knnley-Horn will provide an alignment analysis concerning placement of the water line either on the east or west side of Highway 377 The current preliminary and final design scope of services is based on an eastern alignment If the alignment analysis favors placement of the water line on the west side of the highway the preliminary and final design scope of scope of services and fee will be revised 4 20-inch Waterline along U.S. Highway 377 Task 1 — Ahgnment Analysis The Alignment Analysis Task is to provide additional coordination prior to the survey and geotechnical investigations This task will focus on providing a recommendation on which side of the highway to place the water line, and whether to locate it within the Highway right-of- way or a utility easement Professional services under this task shall include A Collect data on existing utilities and infrastructure along the proposed water line route Kimley-Horn will coordinate with the following 1 City of Denton Utilities 2 City of Denton Engineering Department 3 GTE Page 1 4 Lone Star Gas 5 TXDOT 6 Union Pacific Railroad 7 Burlington Northern and Santa Fe Railroad 8 Marcus Cable 9 Corp of Engineers B Provide recommendation for alignment of proposed 20-mch waterline, including alignment for bores across highways, railroads, and creeks C Provide information on permitting requirements for TxDOT, Corp of Engineers, and Railroads D Provide recommendations for locating the water line in the Highway right-of-way or a utility easement E Prepare cost comparison between water line placement within the Highway right-of-way or a utility easement F Prepare Opinion of Probable Construction Cost G Attend one meeting to present results and deliverables and receive comments H Services provided by OWNER 1 Provide water, sewer, storm sewer, and electric locations 1 Provide existing information including record drawings, and construction plans 2 Provide comments on Routing and Alignment Report I Deliverables 1 3 - copies of the Letter Report with findings of the Alignment Analysis 2 3 - copies of the Opinion of Probable Construction Cost Task 2 - Preluninary Design Once the OWNER has finalized the Alignment, Kimley-Horn will proceed with the Preliminary Design or 60% plans and specifications The Preliminary Design will include A Survey B Geotechnical investigation C Preliminary boring calculations D Preparation of easement legal descriptions and exhibits E Coordination with utilities and ROW holders 1 GTE 2 Denton Municipal Utilities 3 Denton Engineer 4 TxDOT 5 Union Pacific Railroad 6 Burlington Northern and Santa Fe Railroad 7 Lone Star Gas 8 Marcus Cable F Preparation of Opinion of Probable Construction Cost G Preparation of Preliminary Plans (plan view only) H Preparation of Specification Outline Page 2 J Attendance at one meeting to discuss OWNER's comments K Services provided by OWNER 1 Sample Contract Documents and Specifications 2 Review and comments on Preliminary Design L Deliverables 1 3 - copies of the Preliminary Construction Plans (plan view only) 2 3 - copies of the Specification Outline including material selection 3 3 - copies of the Opinion of Probable Construction Cost 4 1- copy of the Geotechnical Report Task 3 - Final Design Once the Preliminary Design has been approved by the OWNER, Kimley-Horn will proceed with the Final Design or 95 % plans and specifications The Final Design will include A Prepare engineering plans and specifications and construction contract documents in accordance with an approved route and for project bidding and regulatory approval Plans shall consist of 22"x 34" plan and profile sheets at a scale of 1"=40' horizontal, and 1"= 4' vertical Specifications shall include technical specifications for materials and installation of the proposed facilities We anticipate approximately 25 sheets of plans for the 20-inch waterline The contract documents shall follow the City of Denton requirements for public works construction B Submit to the OWNER 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comment C Attend one meeting to present 95 % design and deliverables D Attend one meeting to discuss OWNER's comments E Prepare for and attend one public utilities Board Meeting F Prepare and submit Railroad Permits applications A Prepare and submit Highway Permits applications B Prepare and submit Corp of Engineers Permits application (Assumes can be filed under National 404 permit) Additional permitting beyond the national permit will be considered additional services C Make submittals to the franchise utility companies J Submit final plans to appropriate regulatory agencies for review K Make revisions based on the OWNER's review of the 95 % submittal L Services provided by OWNER 1 Review and comment on Final Design M Deliverables 1 3 - copies of the 95 % Construction Plans and Specifications 2 3 - copies of the Opinion of Probable Construction Cost 3 3 - copies of a letter addressing OWNER's comments 4 3 - copies of the Final Construction Plans and Specifications 5 1 - Copy of Reproducible Bidding Documents (Plans and Specifications) Page 3 Task 4 — Bidding Professional services under this phase shall include A Issue addenda as appropriate to interpret, clarify or expand the bidding documents B Services provided by OWNER 1 Bidding document reproduction and distribution 2 Advertising 3 Tabulations and contract execution Task 5 - Construction Contract Admimstration Services under this phase involve consulting with and advising the CITY during construction and are limited to those services associated with construction contract administration Such services shall include A Attend the pre -construction conference B Review shop drawings submitted by the contractor for general compliance with the intent of the design This item includes boring submittals only C Issue necessary interpretations and clarifications of contract documents D Prepare documentation required to resolve problems due to actual field conditions encountered E Prepare record drawings based on the comments provided by the OWNER and the contractor Since Ki nley-Horn will not be providing construction observation services, we will not seal the record drawings F Services provided by OWNER I Daily project inspection 2 Review and process monthly pay estimates 3 Prepare change orders 4 Shop drawing review not provided by consultant G Hold construction meetings J Resolve construction related issues I Deliverable 1 1 - Copy of Record Drawings 2 1 - Reproducible set of Record Drawings 3 1 - Electronic set of Record Drawings 5 Schedule We will perform these services upon receipt of an executed copy of this agreement and a Notice To Proceed We will endeavor to meet your scheduling needs We anticipate the following schedule for each task Page 4 Task I — Alignment Analysts Kick-off meeting after notice to proceed 20 days Letter report delivered to CITY, days after 30 days the kick-off meeting Task 2 - Prelm nary Design Delivery of Preliminary Design report, days after 80 days the approval of the alignment analysis Task 3 - Final Design Delivery of 95 % plans, days after 60 days approval of the Preliminary Design Delivery of final plans, days after the 20 days receipt of comments on the 95 % plans Task 4 - Bidding On -going with bidding - - - Task 5 - Construction Contract Administration On -going with construction - - - END OF EXHIBIT B Page 5 EXHIBIT B to Agreement Between the City of Denton, Texas (OWNER) and Kimley-Horn and Associates, Inc (CONSULTANT) for Professional Services COMPENSATION 1 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services CONSULTANT will accomplish the work outlined in Tasks I - 5 presented in Exhibit "A" of this Agreement for a lump sum fee of $172,800 for all scope of services and direct expenses associated with the same The lump sum fee is composed of the following Task 1 - Alignment Analysis $ 20,800 Task 2 - Preliminary Design $ 85,200 Task 3 - Final Design $ 57,400 Task 4 - Bidding $ 1,200 Task 5 - Construction Contract Administration $ 8,200 3 CONSULTANT will invoice the OWNER for the value of the partially completed services, according to the services accomplished each month on a proportional basis to the overall project Due to the difficulty in defining a finite Scope of Services for Additional Services, CONSULTANT will provide the services described in Article III, Additional Services on a labor fee plus expense basis Labor fees are to be computed on the basis of labor hours charged to the project and the Kimley-Horn Billing Rate Schedule in effect at the time services are rendered The current Kimley-Horn Billing Rate Schedule is shown below Direct reimbursable expenses such as express mail, fees, out-of-town mileage (trips in excess of 100 miles) and other direct expenses will be billed at cost An amount equal to six percent (6%) of the labor fees will be added to each invoice to cover certain other direct expenses such as in-house duplicating and blueprinting, facsimile, local mileage, telephone, postage, and word processing computer time Technical use of computers for design, analysis, and graphics, etc will be billed at $25 00 per hour All permitting, application, and similar project fees will be paid direct by the OWNER Page 1 CURRENT HOURLY RATE SCHEDULE Project Manager $115 to $170 Senior Engineer $110 to $155 Graduate Engineer $75 to $105 Engmeer/LandscapeArchitect $70 to $105 RPLS $70 to $105 Designer $85 to $100 Analyst $70 to $105 CAD Technician $45 to $85 Clerical $35 to $55 Computer $25 to $30 Effective through July 1, 1999 END OF EXHIBIT C Page 2