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19-2973ORDINANCE NO. 19-2973 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-��ORN AND ASSOCIATES, ING., FOR FIYDRAtJLIC AND ALIGNMENT STUDY AND ANALYSIS, DESIGN ENGINEERINU REPORT, FINAL DESIGN, BID PHASE SUPPORT, AND CONS'1°C�UCTION ADMiNISTRATION SERVICES FOR THE NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-081 — PROFESSIONAL SERVICES AGREEMENT FOR THE NORTHWEST BOOSTER PUMP STATION, AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC.,1N THE NOT- TO-EXCEED AMOLJNT OF $1,398,600). WHEREAS, on March 6, 2018, and June 5, 2018, the City Council approved a pre-qualified engineer list (Ordinance 2018-331) and 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 W��EREAS, 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, T��ER�;FORE, `1"& �E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into an agreement with Kimley-Horn and Associates, Inc., to provide professional design services for the City of Denton, 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, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the RFQ 6590-081 to the City Manager of the City of Denton, 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. � to approve this ordinance was made by ��,��,,�,�'"„��"��° __,__ _ and seconded by lnot�� 5 , the ordinance was passed and approved by the following vote [ _� - � �: Aye Nay Mayor Chris Watts: ,�' Gerard Hudspeth, District 1: � Keely G. Briggs, District 2: � Jesse Davis, District 3: �� John Ryan, District 4: �/ Deb Armintor, At Large Place 5: Abstain Absent � Paul Meltzer, At Large Place 6: t� PASSED AND APPROVED this the 1��,�m day of �'�� e , 2020. � �� .a .�� ATTEST: ROSA RIOS, CITY SECRETARY rJ �� s '��„„''� . BY: � �� ?��' . � � �� ..�� APPROVF,D AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY � BY: ��.� CHRIS WATTS, MAYOR �° �� ;�;�� . � ��" w��, ( , "°� � ��a � �" � � �� F'd � °� � '4 �� o. ! �� ° �� rv � �� , �, ,�,;, � rvw"�, � �+M1 �. „� ,�1�' iw �' � W� �� '° rv. � � ,��, �,�" r�" � �•� a �� w �� o � � w M � � �� , ' �a� r �,w��_.� � DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES #6590-081 This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., with its corporate office at 801 Cherry Street, Unit 11 Suite 950, Fort Worth, Texas 76102 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: hydraulic and alignment study and analysis, design engineering report, final design, bid phase support, and construction administration services for the Northwest Booster Pump Station and Water Transmission Main (the "PROJECT"). SECTION 1 Scope of Services A.The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B.Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $1,398,600 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment D to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 (1)withthe professionalskill and care ordinarily provided bycompetent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E.Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 exercise any controlover any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. J. INSURANCE (1) a. Commercial General Liability the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 physical damage coverage. c.ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas76209. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. l. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. P. Equal Opportunity City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 (1)Equal Employment Opportunity: agents shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this AGREEMENT. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E.Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE EN AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ROPORTION TO THE ENG LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the O. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B Compensation Attachment C Changes and Amendments to Standard Agreement Attachment D Project Schedule Attachment E Project Location Map These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Duly executed by each pareffective on the date subscribed by the City Manager. BY: BY: CITY OF DENTON, TEXAS ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. TODD HILEMAN, CITY MANAGER GLENN GARY SR. VICE PRESIDENT Date:__________________ Date:____________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational _______________________________ obligations and business terms. TEXAS ETHICS COMMISSION CERTIFICATE NUMBER _________________________ Signature _________________________ Title _________________________ Department Date Signed: ______________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ATTEST: ROSA RIOS, CITY SECRETARY By:______________________________ City of Denton, Texas 6590-081 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 17 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ATTACHMENT "A" Scope for Engineering Design Related Services for: NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN The ENGINEER will perform its services pursuant to the requirements delineated below. Services under this attachment include engineering services for the design and construction phase services for the Northwest Booster Pump Station and the Northwest Transmission Main. Project Understanding ENGINEER will provide engineering design services for the following tasks: Northwest Booster Pump Station The construction of an approximately 9.0 MGD firm capacity water booster pump station on the existing Riney Road Elevated Storage Tank site. It is assumed that the pump station will not need to be expandable. The pump station will provide additional pumping an existing 42-inch water line in Nicosia Street, as well as the Riney Road Elevated Storage Tank, and discharge into the proposed 24-inch Northwest Water Transmission Main. Northwest Water Transmission Main The construction of approximately 10,000 linear feet of 24-inch water transmission main which will connect to the discharge of the Northwest Booster Pump Station and transfer water to the Northwest Elevated Storage Tank. The anticipated route will start at the proposed pump station and continue northwest adjacent to US Hwy 77 right-of-way. The line will cross State Hwy Loop 288 and US Highway 77 and continue west along Loop 288 and connect to an existing stub-out on the northeast corner of Loop 288 and Interstate Highway 35. Task 1 Design Management Northwest Booster Pump Station Task 2 Pressure Plane Study and Pump Station Hydraulic Analysis Task 3 Preliminary Engineering Report Task 4 Final Design Task 5 Construction Contract Documents Task 6 Bid Phase Services Task 7 Construction Phase Services Task 8 Record Drawings Preparation Task 9 Permitting City of Denton, Texas Attachment A Page 1 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Northwest Water Transmission Main Task 10 Alignment Study Task 11 Preliminary Design Task 12 Final Design Task 13 Construction Contract Documents Task 14 Bid Phase Services Task 15 Construction Phase Services Task 16 Record Drawings Preparation Task 17 Permitting Task 1 DESIGN MANAGEMENT A. Project Management 1. Develop project communication plan. a. Develop project contact list. . b. Prepare and e-mail progress reports to the project team once a month to be included with invoices. 24 months is assumed. c. Prepare project schedule and provide schedule updates if the schedule changes. 2. Meetings a. Prepare for and attend kickoff meeting. b. Prepare meeting notes and distribute to the City. 3. Sub-consultant Agreement Preparation a. Prepare and execute up to six (6) subconsultant agreements. City of Denton, Texas Attachment A Page 2 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 NORTHWEST BOOSTER PUMP STATION Task 2 PRESSURE PLANE STUDY AND HYDRAULIC ANALYSIS A. Current Model Evaluation 1. Receive current water system model from City, including future demand scenarios. 2. Evaluate existing and future land uses in accordance with City design criteria to project firm pumping capacity of proposed pump station. 3. Review demand projections based on the land use plan. 4. Recommend revised demand projections (if any) for max day, peak hour, average day, and minimum flow scenarios. B. Hydraulic Analysis 1. Select split-case pumps and curves in accordance with demand projections. Firm capacity is assumed to be achieved with three pumps, with one additional backup pump. 2. Update existing City water system model based on pump selections. 3. Develop suction header sizing and schematic layout. 4. Develop discharge header sizing and schematic layout. 5. Size pump control or check valves. 6. Develop pump station piping schematic. 7. Analyze and size upstream hydraulic controls and meter. 8. Recommend control schema to allow cycling of elevated storage tank. 9. Size discharge flow meter. C. Technical Memorandum 1. Provide technical memorandum documenting results of model evaluation and hydraulic analysis. 2. Finalize technical memorandum based on City comments. D. Deliverables 1. Technical Memorandum and will be provided in .PDF format to City via e-mail for review and comment. E. Review Meeting 1. Meet with City to receive comments on technical memorandum. City of Denton, Texas Attachment A Page 3 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Task 3 PRELIMINARY ENGINEERING REPORT A. Site Considerations 1. Determine landscape requirements for pump station site. 2. Perform preliminary drainage calculations. 3. Develop two (2) general site layout alternatives. 4. Determine sanitary sewer requirements and connection location. B. Design Survey 1. Utility and Property Owner Coordination a. Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. 2. Design Survey a. The limits of the survey shall be the existing City of Denton Riney Road Elevated Tank property, as well as adjacent vacant property to the west. b. Establish up to two (2) horizontal control points based on the City of Denton Coordinate System using ½-inch rebar with identifiable plastic cap, specific for this project. c. Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project. d. Perform a field survey to identify and locate all existing topographic elements within the site including, but not limited to, the following: i. Property pins ii. Existing pavement, curbs, sidewalks, barrier free ramps, etc. iii. Driveways iv. Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control v. Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities vi. Signs (excluding temporary signs) vii. Trees, 6-inch caliper and up viii. Fence limits and material types ix. Other applicable physical features that could impact design: a) Field ties to the existing edge of pavement on Riney Road, Nicosia Street, and Santos Drive. b) Riney Road Elevated Storage Tank pedestal and leg locations, and all above ground appurtenances. c) Field sketches of utility manholes and structures. City of Denton, Texas Attachment A Page 4 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 d) Prepare a final topographic drawings in a digital format (including one-foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. C. Geotechnical Engineering 1. Perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The analysis shall include the following: a. Subsurface exploration including up to four (4) sample bores drilled to between 35 and 40 feet depending upon depth to un-weathered shale or limestone. b. Laboratory tests for classification purposes and strength characteristics. c. Engineering services that address the following: i. Soil and groundwater conditions ii. Comments on general excavatability of soils and shale encountered iii. Recommendations for pump station, transformer and generator pads, and vault foundation types, depth, allowable loading and backfill requirements iv. Foundation construction requirements v. Recommended lateral pressures for the design of below grade walls vi. Evaluation of the subgrade soils vii. Recommendations for yard piping installation, including bedding and backfill viii. Recommendations for earthwork. 2. A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Three (3) copies of the report will be provided by the geotechnical engineer, with one (1) copy going to the City. The data contained in the geotechnical report will be made available to contractors during the bidding process for informational purposes. D. Pump Station Building Schematic 1. Develop preliminary pump station building schematic plan and section exhibits. 2. Revise exhibits based on meeting with City. City of Denton, Texas Attachment A Page 5 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 E. Preliminary Engineering Report 5. The following items will be evaluated and included in the Preliminary Engineering Report: a. Preliminary site plan and pump station layout. b. Yard Piping sizing for initial as well as future capacity. c. Flow metering. d. Pumps Split case pump selection, and associated building layout. Schematics will resemble the existing Southwest Pump Station. e. Pump control valves including sizing, type of valves and additional characteristics. f. Control Narrative operational narrative of the pumps for normal, low flow and peak operations. The narrative will also include periodic isolation of the Riney Road Elevated Storage tank to assist with water age issues, and will also include operation during emergency events such as fire flow and power outages. g. SCADA System RTU on-site, and connection to existing SCADA system via existing antenna on Riney Road Elevated Storage Tank. h. Pump m starters). i. Electrical service options. j. Electrical Gearing Requirements k. Generator evaluate generator size and enclosure requirements. l. City architectural requirements and City design preferences. m. Geotechnical and structural requirements. n. Site lighting requirements. o. Building lighting requirements. p. Building ventilation and HVAC requirements. q. Building plumbing requirements. r. Building insulation requirements. s. Noise Control requirements. t. City landscaping requirements. u. City fencing requirements. v. City storm drainage detention requirements. 6. Ground Storage is assumed not to be included as part of this scope of services, and the pump station will have water supplied by the Riney Road Elevated Storage Tank, as well as a 42-inch water line in Nicosia Street. 7. Chlorine boosting is assumed not to be included as part of this scope of services. 8. Revisions to Preliminary Engineering Report based on City comments. City of Denton, Texas Attachment A Page 6 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 F. Deliverables 1. Submit one (1) .PDF digital copy of Pump Station Building Schematic Exhibit to City for review and comment. 2. Submit four (4) hard copies and one .PDF digital copy of Preliminary Engineering Report to City for review and comment. a. Draft Submittal shall include the following: i. Preliminary b. Revised Submittal shall include the following: i. G. Meetings 1. Attend one (1) meeting with City to kick-off preliminary design. 2. Attend one (1) meeting with City to discuss pump station building schematic exhibits. 3. Attend one (1) meeting with City to present and review the preliminary engineering report. Task 4 FINAL DESIGN A. Easement Preparation 1. Upon receiving approval of preliminary suction and discharge line layouts, ENGINEER will prepare one (1) permanent water line easement and one (1) temporary construction easement. 2. Easement instruments will consist of metes and bounds descriptions and exhibits. B. Subsurface Utility Engineering (SUE) 1. Level A investigation of existing water line connection points, and potential crossing utilities. The Level A investigation shall consist of performing up to two will be conducted in accordance with ASCE publication CI/ASCE 38-02 and include the location of said utility in three dimensions obtained through non- destructive geophysical methods. 2. Level B investigation for existing underground utilities, also known as the pump station site. The Level B investigation will be conducted in accordance with ASCE publication CI/ASCE 38-02 and include the location of existing utilities in two dimensions and will be obtained through the application and interpretation of non-destructive surface geophysical methods. City of Denton, Texas Attachment A Page 7 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 C. Final Design 1. Site Visits Up to two (2) site visits will be performed during final design. 2. sheets. The following listing is an example of anticipated plan sheets. The actual list may vary depending on design options chosen by the City during the Preliminary Engineering Report: a. Cover Sheet b. Sheet Index c. General Notes Sheet d. Civil Plans Paving and Dimensional Control Tree Removal and Demolition Plan Yard Piping Site Grading Pump Station Mechanical Plan Pump Station Sections Supply Meter Vault Plan and Section Discharge Meter Vault Plan and Section Pressure Reducing Valve Vault Plan and Section Elevated Storage Tank Control Valve Vaults Plan and Section Water line Profiles Water Details Sanitary Sewer Plan and Profile Sanitary Sewer Details Drainage Details Fence and Gate Details Landscaping and Screening Plan Landscaping Details Irrigation Plans City Standard Details Erosion Control Plan Erosion Control Details Drainage Area Map Drainage Area Calculation Sheet City of Denton, Texas Attachment A Page 8 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 e. Architectural Sheets Floorplan Basement Floorplan Exterior Elevations Roof Plan Schedules and Details Sections Plan and Section Details f. Structural Sheets Notes and Details Pump Station Structural Plan Typical Concrete and Masonry Details Section Details Section Details and Elevations Roof Plan and Elevations Foundation and Details Wall Section and Details Underground Vault Sections and Details g. Electrical Sheets Electrical Site Plan One Line Diagram Control Schematics Schedules Instrumentation Block Diagram Floor Plan Lighting Floor and Cable Tray Plan Basement Lighting Floor and Cable Tray Plan HVAC Electrical Plan SCADA System Diagram SCADA Panel Electrical Details Electrical Vault Details Generator Electrical Plan City of Denton, Texas Attachment A Page 9 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 h. Mechanical Mechanical HVAC Plan and Details Mechanical HVAC Schedule and Details i. Plumbing Plumbing Plan Plumbing Schedule and Details 3. Preparation of specifications and construction contract documents: a. Specifications will include technical specifications for materials and installation of the proposed facilities. The Contract Documents will be public work construction. The ENGINEER will prepare special technical specifica to meet the requirements of the project. 4. Storm Water Pollution Prevention Plan (SWPPP) a. Prepare the SWPPP required for the project for use by the Contractor during construction. b. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. D. Deliverables 1. Final Design Submittal (95%) a. Submit four (4) copies to the City for review and comment. b. Submittal shall include the following: i. Final design drawings ii. Final design project manual iii. Opinion of probable construction cost E. Meetings 1. One (1) meeting with City to review Final Design Submittal. City of Denton, Texas Attachment A Page 10 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Task 5 CONSTRUCTION CONTRACT DOCUMENTS A. Bidding Construction Contract Documents 1. Incorporate City comments from final design submittal and prepare construction contract documents, bid plans, and opinion of probable construction cost. 2. Construction contract documents will consist of the final plans and project manual, both signed and sealed by a licensed professional engineer in the State of Texas and in accordance with comments provided by the City during final design. B. Deliverables: 1. Construction Contract Documents Submittal a. Submit two (2) copies and electronic (.pdf) documents to the City for bidding. b. Submittal shall include the following: i. Bid drawings ii. Bid project manual iii. Opinion of probable construction cost Task 6 BID PHASE SERVICES A. Bid Phase Services 1. Provide the Notice to Bidders to the City for publication. The City will be responsible for publication of the notice. The City will be responsible for distribution of the bidding documents to prospective contractors, suppliers and plan rooms. 2. The following assistance will be provided to the City during the bidding phase: a. Preparation of addenda and delivery to City for distribution to plans holders. b. Responses to questions submitted by plans holders. c. Attend bid opening facilitated by City. d. Preparation of bid tabulation. e. Preparation of recommendation of award letter. 3. Conformance plans and specifications a. Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. i. Provide up to eight (8) sets to City for execution. City of Denton, Texas Attachment A Page 11 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Task 7 CONSTRUCTION PHASE SERVICES A. Construction Phase Services 1. Pre-Construction Conference a. Prepare for and attend a pre-construction conference prior to commencement of Work at the Site 2. Site Visits a. Visit the construction site up to sixteen (16) times during construction to perform construction observation. 16 months construction time is assumed. b. Site Visits are not intended to be exhaustive or to extend to every aspect checking, selective measurement, and similar methods of general judgement. c. Based on information obtained during site visits, ENGINEER will with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work. 3. Recommendations with Respect to Defective Work a. and rejected while it is in progress if, on the basis of site visit evaluations, ENGINEER believes such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the City reserves the right to disapprove ENGINEER. 4. Construction Progress Meetings a. Conduct monthly progress meetings with City and Contractor to assist with administration of the construction. Meetings are anticipated to be conducted on-site and in conjunction with Site Visits associated with observation of construction. 5. Clarifications and Interpretations a. Issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of consistent with the intent of the Contract Documents. Field orders authorizing variations from the requirements of the Contract Documents will be made by City. 6. Change Orders a. Recommend change orders to City, as appropriate. City of Denton, Texas Attachment A Page 12 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 b. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 7. Shop Drawings and Samples a. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated 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. 8. - a. - 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. b. Provide recommendations to City 9. Inspections and Tests a. responsibility 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. ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the pumps and motors will go through a non-witnessed factory test. Attending testing will be considered additional services. 10. Disagreements between City and Contractor a. As necessary, ENGINEER will, with reasonable promptness, render initial written decision on all claims of City and Contractor relating to the requirements of the Contract Documents pertaining to the progress of the and not show partiality to City or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. 11. Final Walkthrough and Punchlist Preparation a. Attend final walkthrough with Contractor and City to determine if the completed work of Contractor is generally in accordance with the Contract Documents. City of Denton, Texas Attachment A Page 13 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 i. Limitation of Responsibilities: The ENGINEER will not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or aof any other individual entity performing or furnishing the work. ENGINEER will not have the authority or responsibility to stop the work of any Contractor. b. Compile punch list from information gathered during final walkthrough with City and Contractor. Task 8 RECORD DRAWINGS A. Record Drawings 1. Obtain and review comments and field changes on the construction plans from City and Contractor. 2. Prepare record drawings based on comments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time basis, and will therefore not seal the record drawings. The record drawings will be provided in the following format: a. (1) Mylar hardcopy full- b. PDF electronic copy Task 9 PERMITTING A. Permitting 1. Submit plans to appropriate regulatory agencies: City, DME, TCEQ, and TDLR for review. 2. The City will be responsible for administration of Platting, Zoning and Obtaining building permits for the City of Denton. The ENGINEER will prepare exhibits as directed by City, including preliminary and final plat exhibits. City of Denton, Texas Attachment A Page 14 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 NORTHWEST WATER TRANSMISSION MAIN Task 10 ALIGNMENT STUDY A. Preliminary Investigation 1. Data Collection and Record Research 1. Gather existing survey and topographic data 2. Gather existing aerial photographs. 3. Gather existing water, sanitary sewer, and storm sewer record drawings. 4. Gather existing paving plans. 5. Gather existing development plans. 6. Gather existing plat information. 7. Collect property owner and record information 8. Gather existing right-of-way and easement information. 9. Gather existing franchise utility record information. 2. Site Investigation a. Walk general alignment. b. Document alignment corridor with photographs. c. Identify potential alignment, conflicts and issues. 3. Data Review with City a. Meet with City to review accuracy of record information. b. Interview City staff concerning historical, existing and future City plans along the alignment. B. Prepare Alternate Alignment Technical Memorandum. 1. Analysis of alternate alignments indicating merits and challenges for each, and including the following considerations: a. Easement acquisition schedule and cost impacts. b. Existing development impacts. c. Existing potential horizontal and vertical conflicts. d. Accessibility for maintenance. e. Prepare opinions of probable construction cost for each alignment. The ENGINEER has no control over the cost of labor, materials, equipment, competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at t as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. City of Denton, Texas Attachment A Page 15 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 C. Deliverables 1. Digital .PDF copy of draft and final technical memorandum. D. Meetings 1. Conduct one (1) review meeting with City. 2. Revise memorandum based on City comments. Task 11 PRELIMINARY DESIGN A. Design Survey 1. Utility and Property Owner Coordination a. Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. 2. Design Survey a. The limits of the survey shall be a 100-foot wide alignment generally along US Hwy 77 from Nicosia Street to State Hwy Loop 288, and along State Hwy Loop 288 from US Hwy 77 to Interstate Hwy 35. The survey will take place on the sides of the highways selected by the City as a result of the Alignment Study. The topographic survey will be approximately 10,000 linear feet. b. Establish up to ten (10) horizontal control points based on the City of Denton Coordinate System using ½-inch rebar with identifiable plastic cap, specific for this project. c. Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project. d. Perform a field survey to identify and locate all existing topographic elements within the alignment corridor including, but not limited to, the following: i. Property pins ii. Existing pavement, curbs, sidewalks, barrier free ramps, etc. iii. Lane Striping (where applicable) iv. Driveways v. Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control vi. Culverts and bridges vii. Guardrail viii. Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities ix. Traffic signal poles, cabinets, and other signal equipment City of Denton, Texas Attachment A Page 16 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 x. Signs (excluding temporary signs) xi. Trees, 6-inch caliper and up xii. Buildings xiii. Retaining walls xiv. Fence limits and material types xv. Other applicable physical features that could impact design: a) Field ties to the existing edge of pavement on Nicosia Street, US Hwy 77, State Hwy Loop 288, and Interstate Hwy 35. b) Field sketches of utility manholes and structures. c) Prepare a final topographic drawings in a digital format (including one-foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. B. Geotechnical Engineering 1. Perform a geotechnical analysis of the alignment utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The analysis shall include the following: a. Subsurface exploration including up to twelve (12) sample bores varying between 20 and 40 feet depending upon location. b. Laboratory tests for classification purposes and strength characteristics. c. Engineering services that address the following: i. soil and groundwater conditions ii. Comments on general excavatability of soils and shale encountered iii. Recommendations for pipe installation, including bedding and backfill iv. Recommendations for tunneling operations 2. A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Three (3) copies of the report will be provided by the geotechnical engineer, with one (1) copy going to the City. The data contained in the geotechnical report will be made available to contractors during the bidding process for informational purposes. City of Denton, Texas Attachment A Page 17 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 C. Cathodic Protection System 1. Document Review a. Review the water line alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified. Foreign pipeline crossings will be considered. b. Evaluate the water line alignment for possible induced AC interference and the need for protection under fault conditions. 2. Cathodic Protection Field Survey a. Obtain soil resistivity measurements at intervals not to exceed 1,000 feet using ASTM G-57-95. The measurements will be taken to depths of 5, 10, and 15 feet. b. Test soil samples for moisture content, pH, chloride ion and conductivity. Water samples will be similarly tested with the addition of sulfate ions. c. Create dimensional field sketches of possible locations for cathodic protection anodes. Locations of secondary AC service and sites for the installation of power supplies will be noted. 3. Data Analysis and Lab Work a. Evaluate soil resistivity test data including the use of Barnes Layer techniques for determining resistivities of the soil layer where proposed water line is to be installed. b. Soil samples will be tested in the laboratory for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. Water samples will be similarly tested, with the exception of moisture content. Sulfate ion concentrations will be determined for water samples as well. c. Tabulate and analyze AC and DC interference test data using computer models. d. Compile data and analyze the conditions for galvanic and electrolytic corrosion along the proposed pipeline route. 4. Corrosion Protection Design a. Corrosion protection and AC/DC interference mitigation requirements will be defined for 2 pipe types (concrete pressure pipe, bar-wrapped steel cylinder type, and ductile iron pipe) for the proposed water line. Design criteria will include minimizing the impact of the sever soil stresses in the area, and a preference for sacrificial anode versus impressed current cathodic protection. Specific design deliverables will include: i. Prepare recommendations for protective coatings based upon AWWA standards for the proposed water line. ii. Prepare a report that documents test data, analysis and an opinion of probable construction cost for cathodic protection City of Denton, Texas Attachment A Page 18 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 and interference control systems, and drawings and technical specifications which will be included in the construction contract documents. D. Subsurface Utility Engineering (SUE) 1. Level A investigation of existing water line connection point, and potential crossing utilities. The Level A investigation shall consist of performing up to ten utilities. The Level A investigation will be conducted in accordance with ASCE publication CI/ASCE 38-02 and include the location of said utility in three dimensions obtained through non- destructive geophysical methods. E. Preliminary Water Line Design 1. Visit the site to perform field verification of the survey. 2. Preliminary water line plan and profile drawings preparation for approximately 10,000 linear feet of 24-inch water line. a. cal scale. b. Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. c. Plan view shall include design notes for stationing, size, slope, pipe material, embedment, length and construction method. d. Profile view shall include design notes for stationing, size, slope, flow- line of pipe, pipe material, embedment, length and construction method. e. Prepare preliminary water line details, including connection details. f. Perform one (1) site visit to verify preliminary design. 3. Preliminary Traffic Control and Detour Plan Preparation. a. Open cut construction is not anticipated to occur within street rights-of- way. TxDOT typical traffic control details will be include as required. 4. Franchise Utility Coordination a. Provide one set of drawings to each franchise utility encountered for their review. Request each franchise to mark up the drawings to show the size, type, and location of their utilities. b. Coordinate with franchise utilities if any relocations are required. Notify City if any relocations will be required. 5. Prepare preliminary general notes and details, including City Standard Details where applicable. 6. Prepare preliminary technical specifications utilizing City Standard Specifications, and any special specifications. 7. Compile and prepare an updated opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. City of Denton, Texas Attachment A Page 19 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 a. The ENGINEER has no control over the cost of labor, materials, over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to E as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. F. Deliverables 1. Preliminary design submittal (60%) a. Submit four (4) copies to City for review and comment. b. Submittal shall include the following: i. ii. Preliminary technical specifications iii. Opinion of probable construction cost G. Meetings 1. Attend one (1) meeting with City to kick-off preliminary design. 2. Attend one (1) meeting with City on-site prior to submittal of preliminary plans, if required. 3. Attend one (1) meeting with City to present and review the preliminary design submittal Task 12 FINAL DESIGN A. Easement Preparation 1. Upon receiving approval of 60% design drawings, ENGINEER will prepare up to ten (10) permanent water line easements and up to ten (10) temporary construction easements. 2. Easement instruments will consist of metes and bounds descriptions and exhibits. 3. City will be responsible for easement acquisition. B. Final Design 1. Incorporate the preliminary design submittal review comments (one (1) round of comments is anticipated in proposed effort). 2. Prepare updated opinion of probable construction cost. a. The ENGINEER has no control over the cost of labor, materials, over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to as a design professional familiar with the construction industry. The City of Denton, Texas Attachment A Page 20 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3. Incorporate franchise utility investigation information 4. Incorporate cathodic protection study, details and technical specifications. 5. Prepare surface repair sheets and details. 6. Prepare Project Manual using City Standard Construction Contract Documents. C. Deliverables: 1. Final Design Submittal (95%) a. Submit four (4) copies to the City for review and comment. b. Submittal shall include the following: i. Final design drawings ii. Final design project manual iii. Opinion of probable construction cost D. Meetings 1. One (1) meeting with City to review Final Design Submittal. Task 13 CONSTRUCTION CONTRACT DOCUMENTS A. Bidding Construction Contract Documents 1. Incorporate City comments from 95% design submittal and prepare construction contract documents, bid plans, and opinion of probable construction cost. 2. Construction contract documents will consist of the final plans and project manual, both signed and sealed by a licensed professional engineer in the State of Texas and in accordance with comments provided by the City during final design. B. Deliverables: 1. Construction Contract Documents Submittal a. Submit four (4) copies to the City for bidding. b. Submittal shall include the following: i. Bid drawings ii. Bid project manual iii. Opinion of probable construction cost City of Denton, Texas Attachment A Page 21 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Task 14 BID PHASE SERVICES A. Bid Phase Services 1. Provide electronic bid documents to the City purchasing department for bidding. 2. Provide the Notice to Bidders to the City for publication. The City will be responsible for publication of the notice. The City will be responsible for distribution of the bidding documents to prospective contractors, suppliers and plan rooms. 3. The following assistance will be provided to the City during the bidding phase: a. Preparation of addenda and delivery to City for distribution to plans holders. b. Responses to questions submitted by plans holders. c. Attend bid opening facilitated by City. d. Preparation of bid tabulation. e. Preparation of recommendation of award letter. 4. Conformance plans and specifications a. Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. i. Provide up to four (4) sets to City for execution. Task 15 CONSTRUCTION PHASE SERVICES A. Construction Phase Services 1. Pre-Construction Conference a. Prepare for and attend a pre-construction conference prior to commencement of Work at the Site 2. Site Visits a. Visit the construction site up to twelve (12) times during construction to perform construction observation. 12 months construction time is assumed. b. Site Visits are not intended to be exhaustive or to extend to every aspect checking, selective measurement, and similar methods of general observati judgement. c. Based on information obtained during site visits, ENGINEER will with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work. City of Denton, Texas Attachment A Page 22 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 3. Recommendations with Respect to Defective Work a. and rejected while it is in progress if, on the basis of site visit evaluations, ENGINEER believes such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the City reserves the right to disapprove ENGINEER. 4. Clarifications and Interpretations a. Issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of consistent with the intent of the Contract Documents. Field orders authorizing variations from the requirements of the Contract Documents will be made by City. 5. Change Orders a. Recommend change orders to City, as appropriate. b. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples a. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated 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. - a. - 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. b. Provide recommendations to City 8. Inspections and Tests a. responsibility 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. ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the City of Denton, Texas Attachment A Page 23 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 pumps and motors will go through a non-witnessed factory test. Attending testing will be considered additional services. 9. Disagreements between City and Contractor a. As necessary, ENGINEER will, with reasonable promptness, render initial written decision on all claims of City and Contractor relating to the requirements of the Contract Documents pertaining to the progress of the and not show partiality to City or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. 10. Final Walkthrough and Punchlist Preparation a. Attend final walkthrough with Contractor and City to determine if the completed work of Contractor is generally in accordance with the Contract Documents. ii. Limitation of Responsibilities: The ENGINEER will not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or aof any other individual entity performing or furnishing the work. ENGINEER will not have the authority or responsibility to stop the work of any Contractor. b. Compile punch list from information gathered during final walkthrough with City and Contractor. Task 16 RECORD DRAWINGS A. Record Drawings 1. Obtain and review comments and field changes on the construction plans from City and Contractor. 2. Prepare record drawings based on cmments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time basis, and will therefore not seal the record drawings. The record drawings will be provided in the following format: c. (1) Mylar hardcopy full- d. PDF electronic copy City of Denton, Texas Attachment A Page 24 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Task 17 PERMITTING A. Permitting 1. The City will be responsible for administration of TxDOT UIR permits. The ENGINEER will prepare exhibits for permit submittal. City of Denton, Texas Attachment A Page 25 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon request. Any additional amounts paid to ENGINEER 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: Redesign to reflect project scope changes requested by the CITY, required to address changed conditions or change in direction previously approved by the CITY, mandated by changing governmental laws, or necessitated by the CITYf substitutions proposed by the contractor. Additional Construction Site Visits Additional Construction Shop Drawing and Sample Review and Comment Construction Final Walkthrough and Punchlist Preparation Additional Traffic Control Plan Details Traffic signal design Sidewalk design Design of any offsite drainage improvements beyond the improvements identified in the scope Preparation for and attendance at public meetings Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified above. Negotiation of easements or property acquisition including temporary right-of-entries. Services related to disputes over bid protests, bid rejection, and re-bidding of the contract for construction. Construction management and inspection services. Performance of materials or specialty testing services. Services necessary due to default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement, and inspection after final completion. Services related to Survey Construction Staking. Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. Retaining wall design Traffic studies or reports SWPPP inspections / coordination Any services not listed in the Scope of Services City of Denton, Texas Attachment A Page 26 of 26 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ATTACHMENT B COMPENSATION FOR NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN ATTACHMENT "B" Compensation for Engineering Design Related Services for: NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN Total compensation for the ENGINEER contemplated under the terms of this agreementshall be a total not-to-exceed $1,398,600 for all services including reimbursable expenses. The CITY shall compensate the ENGINEER as follows: For Tasks 1-17 the total compensation shall be on a lump sum basis and not to exceed $1,398,600. Progress payments for shall be paid monthly based on the actual work satisfactorily completed per month in each phase, with the following amounts of the total compensation for each phase of the Project: Task1– D es ignMa nagement $37 ,50 0 DesignMa nagementSu b-total: $ 37 ,50 0 Northwest Booster Pump Station Task 2 – Pressure Plane Study and Pump Station Hydraulic Analysis $ 71,400 Task 3 – Preliminary Engineering Report $180,700 Task4– F in alDe sign $481,500 Task 5 – Construction Contract Documents $ 13,200 Task6– B id Pha seSer vices $29 ,60 0 Task 7 – Construction Phase Services $160,500 Task 8 – Record Drawings Preparation $ 8,7 00 Task9– P er mitting $18 ,90 0 Northwest Booster Pump Station Sub-total: $964,500 Northwest Water Transmission Main Task10 –A li gnmentStu dy $38 ,10 0 Task11 –P re liminaryDe sign $209,300 Task12 –F in alDe sign $61 ,70 0 Task 13 – Construction Contract Documents $ 9, 90 0 Task14 –B id Pha seSer vices $15 ,10 0 Task15 –C o nstructionPha seSer vices $51 ,30 0 Task 16 – Record Drawings Preparation $ 7,6 0 0 Task17 –P er mitting $3 ,60 0 NorthwestWater Transmission Main Sub-total: $396,600 GrandTot al $ 1,39 8,6 00 City of Denton, Texas Attachment B Page 1 of 2 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ATTACHMENT B COMPENSATION FOR NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN ENGINEER will not exceed the total maximum fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right to reallocate amounts among tasks as necessary. All permitting, application, and similar project fees will be paid directly by the CITY. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. City of Denton, Texas Attachment B Page 2 of 2 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for NORTHWEST BOOSTER PUMP STATION AND WATER TRANSMISSION MAIN No modifications to the Standard Agreement are necessary for this project. City of Denton, Texas Page 1 of 1 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 for ATTACHMENT “E” PROJECT LOCATION MAP AND WATER TRANSMISSION MAIN NORTHWEST BOOSTER PUMP STATION 1 of 1 City of Denton, TexasPage DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 DocuSign Envelope ID: FEC4F1B4-152A-4D56-8F1C-EB2475403176 Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Certificate Of Completion Envelope Id: FEC4F1B4152A4D568F1CEB2475403176Status: Completed Subject: Please DocuSign: City Council Contract 6590-081 Northwest Booster Station Pump Source Envelope: Document Pages: 51Signatures: 6Envelope Originator: Certificate Pages: 6Initials: 1Monisa Rogers AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Monisa RogersLocation: DocuSign 12/2/2019 3:36:03 PM Monisa.Rogers@cityofdenton.com Signer EventsSignatureTimestamp Monisa RogersSent: 12/2/2019 3:41:30 PM Completed monisa.rogers@cityofdenton.comViewed: 12/2/2019 3:41:41 PM Senior BuyerSigned: 12/2/2019 3:44:56 PM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori HewellSent: 12/2/2019 3:44:59 PM lori.hewell@cityofdenton.comViewed: 12/2/2019 4:27:52 PM Purchasing ManagerSigned: 12/2/2019 4:27:57 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 12/2/2019 4:28:00 PM mack.reinwand@cityofdenton.comViewed: 12/2/2019 4:57:35 PM City of DentonSigned: 12/2/2019 4:58:24 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenn GarySent: 12/2/2019 4:58:26 PM glenn.gary@kimley-horn.comViewed: 12/2/2019 5:32:00 PM Sr. Vice PresedentSigned: 12/2/2019 5:45:03 PM Kimley-Horn and Associates, Inc. Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 165.225.34.216 (None) Electronic Record and Signature Disclosure: Accepted: 9/5/2017 7:31:56 AM ID: a4d44695-81cf-49e7-97f6-7553e995f64a Signer EventsSignatureTimestamp Frank PugsleySent: 12/2/2019 5:45:06 PM frank.pugsley@cityofdenton.comViewed: 12/2/2019 8:52:19 PM Water Utilities DirectorSigned: 12/2/2019 8:52:44 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 47.185.158.73 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 12/2/2019 8:52:19 PM ID: a7b11064-1a7d-444b-897b-d0b66a1ae280 Cheyenne DefeeSent: 12/2/2019 8:52:47 PM Completed cheyenne.defee@cityofdenton.comViewed: 1/15/2020 11:19:54 AM Contract AdministratorSigned: 1/15/2020 11:20:26 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd HilemanSent: 1/15/2020 11:20:30 AM Todd.Hileman@cityofdenton.comViewed: 1/15/2020 11:21:34 AM City ManagerSigned: 1/15/2020 11:21:44 AM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 47.190.47.120 (None) Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa RiosSent: 1/15/2020 11:21:48 AM rosa.rios@cityofdenton.comViewed: 1/15/2020 12:34:32 PM City SecretarySigned: 1/15/2020 12:36:18 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Accepted: 1/15/2020 12:34:32 PM ID: 7633274a-bfd4-4157-8546-541001316175 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Cheyenne DefeeSent: 12/2/2019 3:44:59 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Sherri ThurmanSent: 12/2/2019 8:52:46 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 1/15/2020 11:21:47 AM jane.richardson@cityofdenton.comViewed: 1/16/2020 10:23:02 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie BungerSent: 1/15/2020 12:36:22 PM annie.bunger@cityofdenton.comViewed: 1/15/2020 12:41:12 PM Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign John AtkinsSent: 1/15/2020 12:36:23 PM john.atkins@kimley-horn.comViewed: 1/15/2020 1:18:28 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted1/15/2020 12:36:23 PM Certified DeliveredSecurity Checked1/15/2020 12:36:23 PM Signing CompleteSecurity Checked1/15/2020 12:36:23 PM CompletedSecurity Checked1/15/2020 12:36:23 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. 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