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2012-349o�IlVaNCE No. 2012-349 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE DESIGN AND CONSTRUCTTON OF THE SOUTHWEST ELEVATED STORAGE TANK PROJECT; AND PROVIDING AN EFFECTIVE DATE (FILE 5134—ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF THE SOUTHWEST ELEVATED STORAGE TANK PROJECT AWARDED TO KIMLEY HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $325,000). WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Kimley Horn and Associates, Inc., to provide professional engineering and related services for the design and the construction of the Southwest Elevated Storage Tanlc Proj ect, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5134 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of �'1�.��, ,2012. MA � A. U , MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: ; � ,�� , 5-O 34 STATE OF TEXAS COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR THE PRELIMINARY AND FINAL DESIGN AND CONSTRUCTION ADMINISTRATION REGARDING THE PROPOSED DENTON SOUTHWEST ELEVATED STORAGE TANK THIS AGREEMENT is made and entered into as of the � day of �%,�������, 2012, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Kimley-Horn & Associates, Inc., a North Carolina Corporation, with its offices at 801 Cherry Street, Suite 950 Unit 11, Fort Worth, Texas 76102 (hereafter "CONSULTANT"); the parties acting herein, by and through their duly-authorized representatives and officers. WITNESSETH, that in consideration of the mutual promises, covenants, agreements herein, and in consideration of the premises, 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 perforxn the services hexein 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 (the "Project"): Professional engineering services pertaining to the preliminary design, final design, site platting and zoning, bidding, construction administration, material testing and QC inspections during the construction of the Southwest Elevated Storage Tank Project. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner: A. To perform those professional services as set forth in the Scope of Work and Fee Proposal — Southwest Elevated Storage Tank Project for the City of Denton, dated December 6, 2012, prepared by CONSULTANT for OWNER; which document is attached hereto as Exhibits "A" and "B"; and which documents are incorporated herein by reference; which document is comprised of, and subdivided into the following sections: Page 1 of 11 1. Project Initiation 2. Preliminary Design 3. Final Design 4. Site Development Requirements for Planning Approval 5. Bid Specifications and Construction Contract Documents 6. Bidding Phase 7. Construction Phase Services 8. Construction Materials Testing and Observation B. If there is any conflict, or if any conflict arises between the terms of this Agreement and Exhibits "A" and "B" attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Exhibits. ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-described Scope of Services, set forth as provided by Article II. above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon its execution by the OWNER and the CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and sha11 remain in force and effect for the period that 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. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 9. "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services. Any subcontractor or sub-consultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten percent. Page 2 of 11 10. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project. 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 Basic Services tasks set forth in the Scope of Services as shown in Article II above; as follows: 1. CONSULTANT sha11 perform its work on this Project in accordance with the provisions of those tasks which are described and as set forth in the "Scope of Services" of Exhibit "A", attached hereto and incorporated herewith by reference. CONSULTANT shall bill from time sheets, on a once-monthly basis, in minimum 1/2 hour or smaller time increments, at the hourly Billing Rates or as otherwise provided. For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, at an hourly rate shown in Exhibit "B" "Compensation" which is incorporated herewith by reference, a total fee, including reimbursement for direct non-labor expenses and for its subcontractor expense, a not-to-exceed amount of $325,000. 2. Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the Basic Services, rendered to and approved by the OWNER through its City Manager [or its Assistant City Manager for Utilities]. However, under no circumstances shall any monthly statement for services exceed the value of the services performed at the time a statement is rendered. 3. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the City Manager, or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement. 4. 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 not-to- exceed amount as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform any Page 3 of 11 services to be later provided for under Article III. "Additional Services" without first obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon Schedule of Charges. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said thirtieth (30th) day, and in addition, thereafter, 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 CONSULTANT'S work is unsatisfactory, in accordance with Article V.B. of this Agreement, and OWNER has notified CONSULTANT of that fact in writing. 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 services of the CONSULTANT or any of its subcontractors or sub-consultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT'S subcontractors or sub-consultants) pursuant to this Agreement are instruments of service and sha11 become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of a11 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 of the documents in another project or for other pl.uposes 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 Page 4 of 11 CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE 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 incurxed by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, subcontractors, sub-consultants, attorneys, and/or 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 1NSURANCE 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 Board 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 $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with property damage limits of not less than $100,000 for each occui�rence, and not less than $100,000 in the aggregate. 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 to the OWNER to evidence such insurance coverage. Except for Professional Liability Insurance and Worker's Compensation Insurance, the insurance policies shall name the OWNER as an additional Page 5 of 11 insured on all such policies, and shall contain a provision that such insurance shall not be cancelled or materially modified without at least 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 certificates for 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 alternatively 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 foi�th the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If this Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) 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 sha11 cooperate in providing information to the OWNER and to the new consultant. If applicable, OWNER shall allow CONSULTANT a 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 date of termination, but may maintain copies of such documents for its files. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Page 6 of 11 Approval of the services 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 sub-consultants for the accuracy and competency of their designs or other services 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 services performed by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and sub-consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein: To CONSULTANT: Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11 Suite 950 Fort Worth, Texas 76102 Fax: (817) 335-5070 To OWNER: City of Denton, Texas City Manager 215 East McKinney Street Denton, Texas 76201 Fax: (940) 349-8596 All notices given under this Agreement sha11 be effective upon their actual receipt by the party to whom such notice is given. ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of eleven (11) pages and two (2) EaLhibits 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 SEVER.ABILTY 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, Page7of11 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. ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with federal, state, local laws, rules, regulations, and ordinances applicable to the services 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 ofiicers of, nor have any contractual relations with the OWNER. CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Agreement. B. All services required hereunder will be performed by 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 further promptly notify OWNER in writing of any change of its name as well as of any significant change in its corporate structure, its business address, its operations, or regarding its solvency. 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 Page 8 of 11 therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto arising 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. ARTICLE XXII MISCELLANEOUS A. The following Exhibits are attached to, incorporated herewith by reference, and are made a part of this Agreement for all purposes pertinent: Exhibit "A" --- Scope of Seivices --- Dated: December 6, 2012 Exhibit "B" --- Compensation --- Dated: December 6, 2012 B. CONSULTANT agrees that OWNER sha11, until the expiration of four (4) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent boolcs, 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 sha11 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 purposes of this Agreement, the parties agree that the Project Principal shall be Glenn A. Gary, Principal, P.E., and the key persons who will perform most of the work as the Project Team, include the Project Manager, John R. Atkins, P.E., under, and in accordance with this Agreement, shall be as specifically identified and set forth in the "Scope of Services" document attached hereto as Exhibit "A." This Agreement has been entered into with the understanding, expectation, and the OWNER'S reliance, that the above-stated employees of CONSULTANT shall perform or direct all or a significant portion of the services on the Project. Any proposed changes regarding the change of the Project Manager or other key personnel, requested by CONSULTANT, respecting one or more of the above-stated employees, shall be subject to the approval of the OWNER, which approval the OWNER sha11 not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control. Page 9 of 11 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 reasonably appropriate so that the services involved are 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. OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information. 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. IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT has executed this Agreement by and through its duly authorized undersigned officer on this the �� � day of �/'���� �,� �'� , 2012. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By�--�- GEORGE C. CA BELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY � By: Page 10 of 11 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : ATTEST: By: "CONSULTANT" KIMLEY-HORN AND ASSOCIATES, INC. A North Carolina Corporation By: � GLENN A. GARY, P.E. SENIOR VICE PRESIDENT Pagellofll EXHIBIT "A" SCOPE OF SERVICES DECEMBER 6, 2012 PROJECT UNDERSTANDING Provide engineering design services to construct the Southwest 2.5 million gallon Elevated Storage Tank in 900 serve area. The project is anticipated to be located on approximately 2.23 acres and is located approximately 440 feet northwest of the Lively Road/Ed Robson Boulevard intersection. Based on information provided by the OWNER the CONSULTANT (Kimley-Horn) assumes the following: • All services related to property acquisition are not part of this scope of services. • The water line serving the site will be designed by others and will terminate at the tank site property line. The CONSULTANT's scope of services is as follows: 1. PROJECT INITIATION 1.1. Kick-off Meeting 1.1.1. The CONSULTANT will conduct one (1) kick-off meeting with representatives of the OWNER. This meeting will review the project issues, establish communication protocol, and begin the design process. Conducting this meeting will involve preparing exhibits, agenda handouts and documenting comments. 1.2. Data Collection - The CONSULTANT will attempt to collect information as listed below. If the CONSULTANT is unable to collect information in a reasonable time, the OWNER will assist the CONSULTANT in obtaining the information. 1.2.1. Obtain size, horizontal and vertical location of the existing utilities and appurtenances that are located within the area of the site that may conflict with utilities associated with the site. Request information such as schedule and construction plans for infrastructure that is proposed to be installed or relocated within the area of the site. Utilities include: 1.2.1.1. Gas Utilities 1.2.1.2. Electric Utilities 1.2.1.3. Telecommunication 1.2.2. OWNER Owned Utility Data — Request information regarding the latest water master plan, design reports or plans for the North West Elevated Storage Tank and the Roselawn Elevated Storage Tank. 1.2.3. Coordination with OWNER, Robson Ranch Development, and Engineer regarding the connection of the Robson Water Transmission Line to the Tank site water line. Establish milestones for completion of the elevated tank and water supply line. 1.3. Topographic Survey and Control 1.3.1. Topographic Survey 1.3.1.1. Perform survey and prepare topographic map of the 2.23 acre site, indicating spot elevations, one foot contours, utilities and easements shown on the Title policy. 1.3.1.2. Survey Control Installation and Confirmation 1.3.1.2.1. Set on site control (vertical and horizontal) based on the City of Denton Monuments and the Texas State Plane NAD 83 coordinate system. To link the vertical elevation between the existing Southwest Pump Station and proposed elevated tank, the CONSULTANT will coordinate elevation verifications between the two sites. 2. PRELIMINARY DESIGN 2.1. Geotechnical Analysis and Report 2.1.1. Perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding foundation design parameters for the elevated storage tank and the access drive from Lively Road. The geotechnical analysis will include: 2.1.1.1. Subsurface exploration including up to three (3) sample bores at varied depths from 35 to 50 feet for elevated storage tank and two (2) sample bores at depths of approximately 15 feet for the access drive. 2.1.1.2. Laboratory tests for classification purposes and strength characteristics. The following test will be provided: 2.1.1.2.1. Moisture content and soil identification 2.1.1.2.2. Liquid and plastic limit determinations 2.1.1.2.3. Unconfined compression tests on soil 2.1.1.2.4. Unit weight determinations 2.1.1.2.5. Absorptions pressure and/or one-point pressure swell tests 2.1.1.3. Engineering services that address soil and groundwater conditions as well as recommendations for foundations, floor slab, driveway and earthwork. The report will include: 2.1.1.3.1. General soil and ground-water conditions 2.1.1.3.2. Recommendations for foundation type, depth and allowable loading and settlement estimates 2.1.1.3.3. Foundation construction requirements 2.1.1.3.4. Recommendations for floor slab support, including an evaluation of the swell characteristics of the subgrade soils 2.1.1.3.5. Earthwork recommendations 2.1.1.4. The geotechnical report will present the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. 2.2. Preliminary Design Considerations 2.2.1. The CONSULTANT will prepare for and facilitate a design secession with the OWNER to discuss and make recommendations and prepare meeting notes on the following items concerning the overall design. 2.2.1.1.Site Plan Considerations: Following requirements of the City Site Design Criteria Manual (SDCM). The following items will be specifically reviewed with the OWNER at the design secession. 2.2.1.1.1. Fence and entry gate: For security per TCEQ, and/or requirements per Robson Ranch Development and Section 6 of the SDCM. 2.2.1.1.2. Entrance drive location and type. Access easement or right of way to the site from Lively Road. 2.2.1.1.3. Onsite parking and driveway: Per Specific Use Permit, Fire Code and Section 7 of the SDCM. 2.2.1.1.4. Site drainage and detention: Per City Development Code Subchapter 19 — Drainage Standards and off-site considerations. 2.2.1.1.5. Tank overflow: Determine if structure can be combined with site drainage facilities. 2.2.1.1.6. Site lighting: Per City Development Code Subchapter 13 — Site Design Standards (Lighting and Glare PerFormance Requirements) 2.2.1.1.7. Landscaping: Per Specific Use Permit and Sections 3 and 4 of the SDCM. 2.2.1.1.8. Irrigation system: Identify and operational considerations for landscaping. 2.2.1.1.9. Telecommunication facilities: If accommodated on site, discuss options of location of structures; such as a separate fenced location on the site, and accessibility to the tank. 2.2.1.2.Operational Considerations — Review and confirm that the following items meet the OWNER's intent for the proper operation of the elevated tank within the Southwest service area. 2.2.1.2.1. Tank overflow elevation: OverFlow elevation verification to elevation of the Southwest Booster Pump Station. Confirm overflow elevation with regards to hydraulic studies performed for Robson Ranch and the Southwest Booster Pump Station. 2.2.1.2.2. Tank head range: Obtain information from three (3) tank manufacturers regarding typical head ranges in relation to tank size and its relationship to cost. This information will be provided to the OWNER for discussion as it relates to the desired operational head range. 2.2.1.2.3. Operational control valve: Review valve preferences with the OWNER such as, typical diaphragm style altitude valve, solenoid operated diaphragm valve, motor operated butterfly valve, or combination motor operated valve with check valve. 2.2.1.2.4. SCADA equipment: Review equipment preferences along with control and monitoring preference with the OWNER. This could include �alve operation, lighting and security controls, along with monitoring items such as water level and flow, valve status, hatch and door opening status and/or video. SCADA requirements and equipment will follow the 2012 SCADA Master Plan Standards. 2.2.1.2.5. Control adjustments: Review operational changes with regards to the installation of the elevated tank. Provide operational and control narrative for controlling the pumps at Southwest Booster Pump Station in conjunction with the elevated tank. 2.2.1.3.Tank Considerations — The CONSULTANT will review and confirm that the following items meet the OWNER's intent for the tank structure and it appurtenances. 2.2.1.3.1. Steel Tank, Plate Thickness: Review thickness preference for corrosion allowance with the OWNER as compared to the criteria specified in A1NWA D100 and AV11WA D107. 2.2.1.3.2. Steel Tank, Welding and Inspection: Review the addition of welding and inspection standards that detail requirements exceeding the standards outlined in AWWA D100 and A1NWA D107 with the OWNER. 2.2.1.3.3. Steel Tank, Coating Options (Interior and Exterior) and Logo Design: Provide the OWNER two (2) coating options to consider for both interior and exterior. The coating will range from a shorter life, less expensive coating such as a two coat epoxy system to a longer life, more expensive polyurethane or fluoropolymer coating system. Logo design and orientation will also be included. 2.2.1.3.4. Cathodic Protection System: Review installation of a suspended anode system for corrosion protection in conjunction with the coating system option presented in 2.2.1.3.3. 2.2.1.3.5. Water Circulation Systems: Review circulation system experience and preferences with the OWNER such as Tideflex (�ertical valve layout) or SolarBee (surFace mixer) or tank manufacturer systems. 2.2.1.3.6. Telecommunication Conduits Penetrations: Discuss whether to provide additional penetration for future telecommunication or only accommodations for City needs with the OWNER. 2.2.1.3.7. Tank Pedestal Access: Review items on the location, type and method for securing the personnel and vehicle access doors with the OWNER. 2.2.1.3.8. Tank Ladders or Spiraling Staircase, Platforms and Safety Climb Devices: Review items on the OWNER's preferences for location, and types used by the City. 2.2.1.3.9. Additional Floors: Review whether to provide additional floors with pedestal for storage with the OWNER. 2.2.1.3.10. Inlet/Outlet and Overflow piping: Review the OWNER's pipe material (coated steel or stainless steel) preferences for piping within the pedestal. 2.2.1.3.11. Federal Aviation Administration (FAA) Height Restriction Information: Will contact and obtain the FAA's Aeronautical Study. The studied will be reviewed with the OWNER, outlining if any restriction will be placed on the tank due to its proximity to Denton Municipal Airport. 2.2.1.3.12. City Permit Requirements: Assemble a list of permits that may be required for the site development and construction of the tank. The list will be reviewed with the OWNER to determine if these or and other permits will be required before the project is bid for construction. 2.2.1.4.Qualification of Potential Bidders: Develop a qualification process to review and discuss with the OWNER. The discussion items will include, defining the qualifications, and determining when to qualify (before or after bidding). 2.3. Preliminary Plans 2.3.1. Upon completion of the Preliminary Design Considerations design secession and comments received from the OWNER the CONSULTANT will prepare and submit a PDF copy of Preliminary Plans illustrating the conclusion from the design secession. The Preliminary Plans will include the following sheets: 2.3.1.1. Cover and Project Location Map 2.3.1.2. General Notes 2.3.1.3. Dimension Control Plan 2.3.1.4. Site Plan 2.3.1.5. Access Drive Plan 2.3.1.6. Landscape Plan 2.3.1.7. Tank Details (2 sheets) 2.3.1.8. Sheets not included in preliminary plan submittal (grading plan, water and storm plan and profile, access drive profile and cross sections, erosion control, electrical, irrigation, and detail sheets for water, paving, drainage, landscape, irrigation, electrical) 2.3.2. Opinion of Probable Construction Cost 2.3.2.1. The CONSULTANT will prepare preliminary opinion of probable construction cost (OPCC) for the proposed design. 2.4. Deliverables 2.4.1. PDF copy of the Preliminary Plans 2.4.2. PDF copy of the OPCC 2.4.3. PDF copy of the Geotechnical Report 2.5. Meetings 2.5.1. Prepare for and attend one (1) preliminary design considerations design secession with the OWNER. 2.5.2. Attend one (1) meeting to review preliminary plans, OPCC and Geotechnical Report. � 3. FINAL DESIGN 3.1. Once the OWNER has reviewed the preliminary plans, the CONSULTANT will prepare final plans and technical specifications in accordance with the preliminary plans and requirements for platting, specific use permit for rezoning, and the City Land Development Code. Final plans will consist of approximately thirty (30) — 22"x34" plan sheets. Final design includes: 3.1.1. Civil Plans — Based on information provided by the OWNER and Denton Development Code (DDC) subchapter 5 and assuming the site is zoned as Institutional Land Use (Basic Utility) the design will include the following: 3.1.1.1. Site grading and drainage plan, profile and details as required by DDC subchapter 19 and in accordance with the City of Denton Drainage Criteria Manual sections 6 through 10. 3.1.1.2. Erosion control plans and details as required by DDC subchapter 19 and in accordance with Drainage Criteria Manual section 11 and EPA requirements. 3.1.1.3. Landscape and Irrigation plans and details as required by Land Development Code Chapter 31 and in accordance with SDCM Sections 4 and 5. 3.1.1.4. Fencing plans and details as required by DDC subchapter 13 and in accordance with SDCM Section 6. 3.1.1.5. Access Drive and details as required by Land Development Code Chapter 29, DDC subchapter 20 and in accordance with Denton Transportation Criteria Manual. 3.1.1.6. Parking layout as required by DDC subchapter 14 and in accordance with SDCM Section 7. 3.1.1.7. Water line plan, profile and details as required by DDC subchapter 21 and in accordance with the City of Denton Water and Wastewater Criteria Manual. 3.1.1.8. Tank sections and details in accordance with TCEQ 30 TAC Subchapter D Section 290.43 Water Storage, AVW1/A Standards D100, D102 and OWNER preferences. 3.1.1.9. Traffic control plans and details in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). 3.1.2. Electrical Plans - Based on information provided by the OWNER, and in accordance with the 2011 National Electrical Code and City amendments the design will include the following: 3.1.2.1. Electrical service plan and details in accordance with Code of Ordinance Chapter 26, Article III, Division 2 3.1.2.2. Site lighting plan in accordance with Code of Ordinance Chapter 26, Article III, Division 1. 3.1.2.3. Internal and external tank lighting plan, elevation, and details in accordance to Land Development Code Chapter 28, Article III and FAA Advisory Circular AC 70/7460-1 K(Obstruction Marking and Lighting). 3.1.2.4. Control schematics and details for the following: 3.1.2.4.1. Valve monitoring and control 3.1.2.4.2. Pressure and level transmitter monitoring 3.1.2.4.3. Tank obstruction and emergency lighting monitoring and control 3.1.2.4.4. Electrical and control modification at the Southwest Pump Station in conjunction with the elevated tank. 3.1.2.5. RTU and SCADA schematic and details in conjunction with the City's current SCADA system. 3.1.3. Technical Specifications — The technical specifications will be in Construction Standards Institute (CSI) divisional format. It's estimated that the following specification will be provided. Based on information obtained during the Preliminary Design design secession some specifications may be removed and others added. 3.1.3.1. Division 1— General Requirements 01035 Control of Work 01040 Construction Sequence 01200 Project Meetings 01300 Submittals 01315 Progress Schedule and Reports 01500 Construction Facilities and Controls 01700 Contract Closeout 01720 Project Record Documents 01730 Operating and Maintenance Data 3.1.3.2. Division 2— Site Work 02100 Site Preparation 02200 Earth Excavation, Backfill, Fill and Grading 02221 Trenching, Backfilling, and Compaction 02270 Sedimentation and Erosion Control 02612 Concrete Pressure Pipe Bar-Wrapped Steel Cylinder Type 02615 Ductile Iron Pipe and Fittings 02617 Steel Pipe 02641 Resilient Seated Gate Valve 02642 A1NWA Butterfly Valve 02644 Expansion Joints and Couplings 02831 Fencing 02936 Seeding of Disturbed Areas 3.1.3.3. Division 8— Doors and Windows 08110 Steel Doors and Frames 08330 Overhead Coiling Doors 08710 Finish Hardware 3.1.3.4. Division 9 — Finishes 09900 Painting 09910 Steel Water Storage Tank Painting 3.1.3.5. Division 11 — Equipment 11260 Chlorine Analyzer 11296 Flow Control Valve and Actuator 3.1.3.6. Division 13 — Tanks 13201 Composite Elevated Water Storage Tank 3.1.3.7. Division 15 — Mechanical 15400 Plumbing 15440 Plumbing Fixtures 3.1.3.8. Division 16 — Electrical 16010 Electrical General Provisions 16110 Raceways 16120 Wire and Cable 16191 Dry Type Transformers 16199 Miscellaneous 16210 Electric Utility Service 16410 Underground 16450 Grounding Systems 16455 Lightning Protection 16642 Cathodic Protection System 16910 I nstru mentation 3.2. Deliverables 3.2.1. Final design deliverables will consist of the following: 3.2.1.1. Three (3) copies of 22"x34" 95% plans 3.2.1.2. Three (3) sets of 95% Technical specifications 3.3. Meetings 3.3.1. Attend one (1) meeting to present 95% design and deliverables. 3.3.2. Attend one (1) meeting to discuss OWNER's comments regarding the design and deliverables. 4. SITE DEVELOPMENT REQUIREMENTS FOR PLANNING APPROVAL 4.1. PRIVATE ACCESS AND FIRE LANE EASEMENT 4.1.1. The proposed site does not have frontage along Lively Road. The OWNER will pursue obtaining a private access easement. Therefore, the CONSULTANT will prepare the legal description and exhibit for execution by the OWNER. 4.2. PRE-APPLICATION CONFERENCE SUBMITTAL 4.2.1. The conference will provide City staff from several different Development Review Departments to provide feedback regarding the requirements for this project. The application will include the following and will be produced by the CONSULTANT: 4.2.1.1. Transmittal 4.2.1.2. Pre-Application Conference Application 4.2.1.3. Project Narrative 4.2.1.4. Questions 4.2.1.5. Conveyance Plat (provide by OWNER) 4.2.1.6. Planning Site Plan 4.2.1.7. Pre-Application Conference Checklist 4.2.2. Deliverables — The following deliverables are requirements of Denton Development Code: 4.2.2.1. One (1) copy of the Pre-Application Conference Packet for Review. 4.2.2.2. One (1) CD-ROMs containing all submission material as a PDF document. 4.2.3. Meetings 4.2.3.1.1. Attend one (1) meeting with City staff. 4.3. PRELIMINARY AND FINAL PLATTING 4.3.1. The preliminary and final platting process ensures the development is in compliance with the Denton Development Code. The requirements for Preliminary and Final Plat submittals are as follows and will be produced by the CONSULTANT: 4.3.1.1. 4.3.1.2. 4.3.1.3. 4.3.1.4. 4.3.1.5. 4.3.1.6. 4.3.1.7. 4.3.1.8. 4.3.1.9. Transmittal (Preliminary and Final Platting) Universal Application (Preliminary and Final Platting) Preliminary Plat (Preliminary Platting only) Final Plat (Final Platting only) 22"x34" Engineering Documents (Preliminary Platting only) 24"x36" Engineering Documents (Final Platting only) Tree Inventory (Preliminary Platting only) Preliminary Plat Checklist (Preliminary Platting only) Final Plat Checklist (Final Platting only) 4.3.1.10. Preliminary and Final Plat Checklists (Preliminary and Final Platting) 4.3.2. Deliverables — The following deliverables are requirements of Denton Development Code 4.3.2.1. One (1) copy of the Preliminary Plat Packet for Review. 4.3.2.2. One (1) CD-ROMs containing Preliminary Plat submission material as a PDF document. 4.3.2.3. One ('I) copy ofthe Final Plat Packet for Review. 4.3.2.4. One (1) CD-ROMs containing Final Plat submission material as a PDF document. 4.3.3. Meetings 4.3.3.1. Attend two (2) DRC meetings with City staff (Preliminary Plat review meeting, Final Plat review meeting). 4.4. SPECIFIC USE PERMIT REQUIREMENTS FOR REZONING 4.4.1. According to the Denton Development Code (DDC) rezoning of the property requires a public hearing with the Planning and Zoning Commission. The specific use permit require submitting fourteen (14) packets of the following items: 4.4.1.1. Universal Application 4.4.1.2. 24"x36" Site Plan 4.4.1.3. 24"x36" Landscape Plan 4.4.1.4. 4.4.1.5. 4.4.1.6. 4.4.1.7. 4.4.1.8. Project Narrative Completed Submittal Checklist Completed Site Plan Standards Checklist Legal Description Copy of Deed (provide by OWNER) The CONSULTANT will produce items 4.4.1.1 through 4.4.1.7 with the OWNER providing item 4.4.1.8. The CONSULTANT will submit the packets on behalf of the OWNER. 4.4.2. Deliverables — The following deliverables are requirements of Denton Development Code for Rezoning. 4.4.2.1. Fourteen (14) copies of the Specific Use Permit Packet for the Planning and Zoning Commission. 4.4.2.2. Fourteen (14) copies of the Specific Use Permit Packet for the City Council. 4.4.2.3. Two (2) CD-ROMs containing all submission material as a PDF document. 4.4.3. Meetings 4.4.3.1. 4.4.3.2. Attend one (1) Planning and Zoning Commission Meeting. Attend one (1) City Council Meeting. 5. BID SPECIFICATIONS AND CONSTRUCTION CONTRACT DOCUMENTS 5.1. Based on comments from the OWNER regarding the 95% plans and technical specification, the CONSULTANT will prepare construction contract documents, bid plans, and opinion of probable construction cost. 5.1.1. The construction contract documents will consist of the following: 5.1.1.1. Notice to Bidders — Standard form provided by the OWNER. Specific project information will be added by the CONSULTANT. 5.1.1.2. Proposal - Standard form provided by the OWNER. Specific project information will be added by the CONSULTANT. 5.1.1.3. Contract Agreement — Standard form provided by the OWNER. 5.1.1.4. Performance Bond - Standard form provided by the OWNER. 5.1.1.5. Payment Bond - Standard form provided by the OWNER. 5.1.1.6. Certificate of Insurance - Standard form provided by the OWNER. 5.1.1.7. In�oice Attachment and Instructions - Standard form provided by the OWNER. 5.1.1.8. General Conditions — Standard form provided from Engineers Joint Contract Documents Committee (EJCDC). 5.1.1.9. Supplementary Conditions — Project specific supplementary information for modification or addition to the general conditions produced by the CONSULTANT in accordance with the OWNER's approval. 5.1.1.10. Technical Specifications — Produced by the CONSULTANT as outlined in the Final Design. 5.1.2. The bid plans will consist of the final plans, sign and sealed by an licensed professional engineer in the State of Texas and in accordance with comments provided by the OWNER during final design. 5.1.3. A final opinion of probable construction cost will be prepared by the CONSULTANT and provided to the OWNER for information purposes. 6. BIDDING PHASE 6.1. The CONSULTANT will prepare and deliver fifteen (15) sets of bid documents to the City Purchasing Department for bidding. If additional sets are required it will be considered additional services. 6.2. The CONSULTANT will provide the Notice to Bidders to the OWNER for publication. The OWNER will be responsible for publication of the notice. The OWNER will be responsible for distribution of bidding documents to prospective contractors, suppliers and plan rooms. 6.3. The CONSULTANT will provide assistance to the OWNER during the bidding phase by providing the following services: 6.3.1. Preparation of addenda and delivery to the OWNER for distribution to the plans holders. 6.3.2. Responses to questions submitted by plan holders. 6.3.3. Attend a scheduled pre-bid conference facilitated by the OWNER. 6.3.4. Attend bid opening facilitated by the OWNER. 6.3.5. Review Contractor's proposal for completeness and accuracy after OWNER deems the Contractor has submitted a proposal in accordance the bidding criteria. 6.3.6. Develop bid tabulation spreadsheet and provide the OWNER four (4) hard copies and in electronic format along with award recommendation letter. 6.4. Conformance plans and specifications 6.4.1. Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. 6.4.1.1. Pro�ide six (6) sets to the OWNER for execution. 7. CONSTRUCTION PHASE SERVICES 7.1. Pre-Construction Conference — CONSULTANT will prepare for and conduct a Pre-Construction Conference prior to commencement of Work at the Site. 7.2. Visits to Construction Site (maximum of 15 site visits) 7.2.1. CONSULTANT will provide on-site construction observation services during the construction phase. CONSULTANT will make visits at intervals as directed by OWNER in order to observe the progress of the Work. Such visits and observations by CONSULTANT are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on CONSULTANT's exercise of professional judgment. Based on information obtained during such visits and such observations, CONSULTANT will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and CONSULTANT will keep OWNER informed of the general progress of the Work. 7.2.2. The purpose of CONSULTANT's site visits will be to enable CONSULTANT to better carry out the duties and responsibilities specifically assigned in this Agreement to CONSULTANT, and to provide OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents. CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley- Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, CONSULTANT neither guarantees the perFormance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perForm its work in accordance with the Contract Documents. 7.3. Recommendations with Respect to Defective Work 7.3.1. CONSULTANT will recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, CONSULTANT believes that such work will not produce a completed Project that conforms generally to Contract Documents. 7.4. Clarifications and Interpretations 7.4.1. CONSULTANT will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to OWNER as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by OWNER. 7.5. Shop Drawings and Samples 7.5.1. CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings, Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 7.6. Substitutes and "or-equal." 7.6.1. Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 7.7. Inspections and Tests 7.7.1. CONSULTANT may require special inspections or tests of Contractor's work as CONSULTANT deems appropriate, and may receive and review certificates of inspections within CONSULTANT's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. CONSULTANT's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. CONSULTANT shall be entitled to rely on the results of such tests and the facts being certified. 7.8. Substantial Completion 7.8.1. CONSULTANT will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of OWNER, CONSULTANT considers the Work substantially complete; CONSULTANT will notify OWNER and Contractor. 8. CONSTRUCTION MATERIAL TESTING AND OBSERVATION 8.1. Earthwork 8.1.1. Obtain and perForm laboratory moisture/density relations (standard proctor-ASTM D689) and soil classification tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type. 8.1.2. PerForm in-place moisture/density tests at the rate of 1/2500 square feet for paving areas, and 1/150 linearfeet forfoundation backfill and utility backfill areas. 8.2. Footing Foundation Observation 8.2.1. Excavation observation of the spread footing, which will include: 8.2.1.1. Observe bearing stratum materials and document conformance with Geotechnical Engineer's recommendations. 8.2.1.2. Observe and document condition of footing excavation before placement of reinforcing steel and concrete. 8.3. Reinforcing Steel 8.3.1. PerForm reinforcing steel observation which will include: 8.3.1.1. Record number and size of bars. 8.3.1.2. Record clearance between bars and spacing. 8.3.1.3. Record securing, tying and chairing of bars. 8.4. Cast-In-Place Concrete 8.4.1. Perform testing during concrete placements, which will include: 8.4.1.1. Ambient and concrete temperature determinations 8.4.1.2. Entrained air content determination 8.4.1.3. Slump determination 8.4.1.4. Cast four inch by eight inch concrete test cylinders at the rate of 5/100 cubic yards of concrete or faction thereof placed per day. 8.4.1.5. Compressive strength determination of concrete test cylinders with one tested at 7 days and three tested at 28 days. The remaining cylinder will serve as a"hold" specimen in the event that additional testing is required or if the 28-day design strength is not met. 8.5. Structural Steel and Coatings 8.5.1. Perform structural steel and coatings observations which will include: 8.5.1.1. Verification of welders certification papers (steel services). 8.5.1.2. Daily visual observation of welding (steel services). 8.5.1.3. Arrange and coordinate radiographic inspection of the welding as per AUUVI/A D100. 8.5.1.4. Daily observations of abrasive blast and prime coat for thickness and quality (paint services). 8.5.1.5. Daily observations of final paint coat (paint services) 8.5.1.6. Holiday (discontinuity) testing of the immersion surfaces of the tank interior (paint services). ADDITIONAL SERVICES OWNER and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the OWNER's written request. Any additional amounts paid to the CONSULTANT as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are perFormed. These Additional Services include, but are not limited to, the following: • Hydraulic analysis using modeling software • Design of additional floors within the tank pedestal • Architectural features beyond typical tank aesthetics • Offsite pipeline design associated with the proposed elevated tank EXHIBIT "B" COMPENSATION DECEMBER 6, 2012 Budget by Task The following detail outlines the budget for each task in the above Scope of Services. _ TASKS BUDGET 1) Project Initiation $17,700 2) Preliminary Design $59,00� 3) Final Design $64,800 4) Site Development Requirements for Planning Approval $30,600 5) Bid Specifications and Construction Contract Documents $10,400 6) Bidding Phase $12,500 7) Construction Phase Services $87,000 8) Construction Materials Testing and Observation $43,000 Total $325,000 CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the OWNER obligated to pay CONSULTANT beyond these limits. If CONSULTANT projects, in the course of providing the necessary services, that the Project cost presented in budget detail will be exceeded, whether by change in scope of the project, increased costs or other conditions, the CONSULTANT shall immediately report such fact to the OWNER and, if so instructed by the OWNER, shall suspend all work hereunder. When any budget has been increased, CONSULTANT's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Billing Rate) Senior Professional I Senior Professional II Professional Designer Technical Support Clerical/Administrative Support Effective August 2012 $185 - $225 $145 - $190 $80 - $130 $125 - $140 $65 - $115 $60 - $90