21-239521-2395
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES INC., TO PROVIDE
REGULATORY PERMITTING/APPROVAL SUPPORT, PROCESS EVALUATION, DESIGN
SERVICES, BIDDING ASSISTANCE, CONSTRUCTION ADMINISTRATION, AND
COMMISSIONING/STARTUP SUPPORT FOR THE GRANADA LIFT STATION
REPLACEMENT PROJECT FOR THE WATER UTILITIES DIVISION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ
7574-008 — AWARDED TO KIMLEY-HORN AND ASSOCIATES INC., IN THE NOT -TO -
EXCEED AMOUNT OF $159,300.00).
WHEREAS, on March 23, 2021, the City Council approved a pre -qualified engineer list for
Water and Wastewater (Ordinance 21-546), 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
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider's profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with to Kimley-Horn and Associates, Inc., to provide professional engineering services
for the City of Denton, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, 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 this ordinance to the City Manager of the City of Denton, or their 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.
The motion to approve this ordinance was made by R \ i Sof\ M L7 -g U i t q__ and
seconded by Nl ; S This ordinance was passed and approved by
the following vote i_6L - Q1:
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
V
J
Abstain Absent
PASSED AND APPROVED this the day of t-�D \i e. )P e-<' '2021.
GERARIS HU6SPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
\1111i11I11/
F D
BY:
r � r
APPROVED AS TO LEGAL FORM- r•
MACK REINWAND, CITY ATTORNEY '.�Fi�•''•••••....
r
Digitally signed by Marcella
Lunn
DN: cn=Marcella Lunn, o,
ou—City of Denton,
1LJL V tJ 1 \�I���d email=marcella.lunn@cityofd
BY: enton.com, c=US
Date: 2021.10.15 17:03:06
-05'00'
OocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
COPY
DENTON
Docusign City Council Transmittal Coversheet
PSA
7574-008
File Name
DESIGN GRANADA LIFT STATION
Purchasing Contact
crystal Westbrook
City Council Target Date
NOVEMBER 16, 2021
Piggy Back Option
Not Applicable
Contract Expiration
NSA
Ordinance
21-2395
E
DocuSign Envelope ID: 5D31 BBB2-F721-4477-B B8A-849BD64DB923
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
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 421
Fayetteville Street, Suite 600, Raleigh, NC 27601 and authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Design Granada Lift Station (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 $159,300.00 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.
SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 1 of 17
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(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 A 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:
(1) with the professional skill and care ordinarily provided by competent 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
CEty of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 2 of 17
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(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 andlor 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
exercise any control over 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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 3 of 17
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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,
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 4 of 17
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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.
h 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
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6/18
Page 5 of 17
DocuSign Envelope ID: 5031BBB2-F721-4477-BBSA-849131364D121923
J. INSURANCE
(1) ENGINEER'S INSURANCE
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.
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 of "any auto", including owned, hired, and non -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.
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
physical damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 6 of 17
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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
employer's liability or commercial 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
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, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
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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.
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.
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.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors tolof the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultantslsubcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6118
Page 8 of 17
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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 properly 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 A to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER's 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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9!6118
Page 9 of 17
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ENGINEER's 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 A.
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 10 of 17
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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
ENGINEER's negligence or if ENGINEER brings such hazardous substance,
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.
(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 Risklinstallation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
RevisedDate: 916118
Page 11 of 17
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
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 small own the final designs, drawings, specifications and documents.
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
that prevent ENGINEER's performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 12 of 17
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-8496064DB923
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.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.984,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S
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 ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S
LIABILITY.
G. Assignment
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 13 of 17
Docusign Envelope 0: 51331 BBB2-F721-4477-BB8A-849BD64DB923
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., 6.1-1., and 6.1. 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.
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 (1-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all 1-9 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'S EMPLOYEES, SUBCONTRACTORS,
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.
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916!18
Page 14 of 17
DocuSign Envelope ID: 5D31 BBB2-F7214477-BBBA-849BD64DB923
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. The terms "boycott Israel" and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
AGREEMENT, ENGINEER certifies that ENGINEER'S 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 that ENGINEER'S signature
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. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City's Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City's
Conflict of Interest Questionnaire.
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
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 15 of 17
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
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
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.
Duly executed by each party's designated representative to be effective on the date
subscribed by the City Manager.
ENGINEER
DocuSigned by:
BY:L�-,BM80061rrAPQ_
AUTHORIZED SIGNATURE
Scott Arnold
Printed Name:
Title: vice President
817-335-6511
PHONE NUMBER
scott.arnold@kimley-horn.com
EMAIL ADDRESS
2021-812862
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 9/6!18
Page 16 of 17
CITY OF DENTON, TEXAS
SARA HENS���.gnIAIERIM CITY MANAGER
H
BY:
ATTEST:
ROS $,,QJTY SECRETARY
BY: ��IGSC-84 '517U5403
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
DoeuStned by:
BY: ka bA,
DccuSign Envelope ID: 5D31 BBB2-F721-4477-BB8A-849l3D64D B923
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms,
FDocuSfgned by.
fq" V. a9
CCRA0.RR07']RCd�O
SIGNATURE
Stephen D. Gay
PRINTED NAME
Director, water Utilities
TITLE
water Utilities
DEPARTMENT
City of Denton, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 916118
Page 17 of 17
DocuSign Envelope ID: 5D31BB82-F721-4477-888A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
ATTACHMENT "A"
Scope for Engineering Design Related Services for:
GRANADA LIFT STATION REPLACEMENT
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 GRANADA LIFT STATION REPLACEMENT project.
Project Understanding
Ongoing development upstream of the existing Granada Lift Station has taken the majority of
upstream flows off the lift station. Additionally, CITY has determined the existing Granada Lift
Station is beyond its design life, possesses intrinsic safety issues, and needs to be replaced.
ENGINEER will provide engineering design services for the following tasks:
The design, bidding, and construction phase services for a replacement approximately
150 gpm lift station on the same site as the existing Granada Lift Station. The
replacements will include a wetwell, two submersible pumps and associated discharge
piping, a buried valve and appurtenance vault, and discharge flow meter, electrical panel,
standby generator, and automatic transfer switch. Additionally, approximately 450 linear
feet of 8 -inch vitreous clay pipe feeding the lift station from the northeast will be
replaced by trenchless methods.
It is assumed that permitting through development services will not be required as the use of the
site will not change and is entirely within existing easement. Coordination and permitting through
development services is not included in this scope of work.
ENGINEER's scope of services is as follows:
• Task 1 —Design Management
• Task 2 — ConceptuaI Layout
• Task 3 — Preliminary Engineering Report (PER)
• Task 4 — Survey and Geotech
• Task 5 —Final Design
• Task 6 — Construction Contract Documents
• Task 7 —Bidding Phase Services
• Task 8 — Construction Phase Services
• Task 9 — Record Drawings
City of Denton, Texas
Attachment A
Page 1 of 10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
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. 12 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 three (3) subconsultant agreements.
Task 2 — CONCEPTUAL LAYOUT
A. Conceptual Layout
1. Prepare and Submit a conceptual site plan for the proposed lift station replacement.
B. Deliverables
1. Digital .PDF copy of conceptual site plan.
C. Meetings
1. Conduct one (1) review meeting with City.
City of Denton, Texas
Attachment A
Page 2 of 10
DocuSign Envelope ID: 5D31 BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
Task 3 -- PRELIMINARY ENGINEERING REPORT
A. Prepare Preliminary Engineering Report (PER) for Lift Station Replacement
1. Prepare and Submit a Preliminary Engineering Report per the City's design criteria
for review including:
a. Lift Station Capacity
b. System and Pump Curves
C. Wet Well Sizing
i. Sized to accommodate revised flows
d. Preliminary Site Plan
e. Site Access and Security per TCEQ
f Flood Protection
g. Emergency Power
2. Prepare 60% quantity take -off for proposed improvements and engineer's opinion of
probable construction cost (OPCC).
B. Deliverables
1. Digital .PDF copy of draft and final technical memorandum.
2. 60% Opinion of Probable Construction Cost
C. Meetings
1. Conduct one (1) review meeting with City.
2. Revise PER based on City comments.
City of Denton, Texas
Attachment A
Page 3 of 10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849SD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
Task 4 — SURVEY AND GEOTECH
A. 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 one (1) sample bore 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. The
data contained in the geotechnical report will be made available to contractors during
the bidding process for informational purposes.
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 within the existing lift station and access
easement with an approximately 25 -foot buffer, as well as the width of the right-
of-way along Granada Trail from the lift station driveway east approximately 200
linear feet.
C. Deliverables
1. Digital .PDF copy geotechnical report.
City of Denton, Texas
Attachment A
Page 4 of 10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
Task 5 —FINAL DESIGN
A. Final Lift Station Design
1. Prepare engineering plan sheets and specifications in accordance with the preliminary
engineering report.
2. The plans will include:
a. Civil sheets: general notes, demolition plan, paving and dimension control plan,
site plan, grading plan, yard piping plan and profile, security fence details, lift
station mechanical plans and details, and approximately 450 linear feet of offsite
sanitary sewer replacement by trenchless methods.
b. Electrical sheets: general notes, site plan, grounding layout, section and
elevations, one -line diagram, pump control schematic, SCADA layout, standby
generator details, automatic transfer switch details, and electrical details.
c. Structural sheets: general notes, structural details for wet well, valve vault, meter
vault, and slab -on -grade and specifications.
3. Specifications shall include City Standard and non-standard technical specifications
for materials and installation of the proposed facilities.
B. Easement Preparation
1. Upon receiving approval of 90% design drawings, ENGINEER will prepare up to
six (6) permanent sanitary sewer easements or temporary construction easements.
2. Easement instruments will consist of metes and bounds descriptions and exhibits.
3. City will be responsible for easement acquisition.
C. Deliverables
1. Final design submittal (90%)
a. Submit four (4) copies and digital .PDFs to City for review and comment.
b. Submittal shall include the following:
ix. Final design plans (22"x34")
x. Final project manual
xi. Opinion of probable construction cost
D. Meetings
1. Attend one (1) meeting with City to present and review the final design (90%)
submittal
City of Denton, Texas
Attachment A
Page 5 of 10
DocuSign Envelope ID: 5D318BB2-1=721-4477-SB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
Task 6 — 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 7 — 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.
City of Denton, Texas
Attachment A
Page 6 of 10
DocuSign Envelope ID: 5D31B882-F721-4477-888A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
Task 8 — CONSTRUCTION PHASE SERVICES
A. Construction Phase Services
1. Prepare for and conduct one (1) public meeting with City staff and Contractor.
2. Pre -Construction Conference
a. Prepare for and attend a pre -construction conference prior to
commencement of Work at the Site
3. Site Visits
a. Hold meetings every month with the contractor on site for up to six (6)
meetings. Meetings will also be considered site visits.
b. Site Visits are not intended to be exhaustive or to extend to every aspect
of Contractor's work in progress. Observations are to be limited to spot
checking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER's exercise of professional
judgement.
c. Based on information obtained during site visits, ENGINEER will
determine if Contractor's work is generally proceeding in accordance
with the Contract Documents, and ENGINEER will keep CITY informed
of the general progress of the work.
4. Recommendations with Respect to Defective Work
a. Provide recommendations to City that Contractor's work be disapproved
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
or reject Contractor's work without a recommendation from the
ENGINEER.
5. Clarifications and Interpretations
a. Issue necessary clarifications and interpretations of the Contract
Documents to City as appropriate to the orderly completion of
Contractor's work. Such clarifications and interpretations will be
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.
b. Review and make recommendations related to Change Orders submitted
or proposed by the Contractor.
City of Denton, Texas
Attachment A
Page 7 of 10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
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. Assumes up to thirty (30) shop drawings.
8. Substitutes and "or -equal"
a. Evaluate and determine the acceptability of substitute or "or -equal"
materials and equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of applicable
standards of state or local government entities.
b. Provide recommendations to City
9. Inspections and Tests
a. Review certificates of inspections and tests within ENGINEER's area of
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
acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of the
Contractor's work. In rendering such decisions, ENGINEER will be fair
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.
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 of any other
City of Denton, Texas
Attachment A
Page 8of10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
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 9 — 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. PDF electronic copy
City of i7enton, Texas
Attachment A
Page 9 of 10
DocuSign Envelope ID:5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT A
DESIGN SERVICES FOR
GRANADA LIFT STATION REPLACEMENT
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
the City's written 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:
• Permitting and/or coordination with development services related to proposed site improvements
• 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 CITY's acceptance of substitutions proposed by the
contractor.
• Additional Construction Site Visits
• Additional Construction Shop Drawing and Sample Review and Comment
• 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 beyond those identified in the scope
• Furnish additional copies of review documents and/or bid documents in excess of the number of
the same identified above.
• 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 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
• "Value engineering"' after bidding
• Multiple bid packages
• Traffic studies or reports
• SWPPP inspections / coordination
• Any services not listed in the Scope of Services
City of Denton, Texas
Attachment A
Page to of 10
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
ATTACHMENT B
COMPENSATION FOR
GRANADA LIFT STATION REPLACEMENT
ATTACHMENT "B"
Compensation for Engineering Design Related Services for:
GRANADA LIFT STATION REPLACEMENT
Total compensation for the ENGINEER contemplated under the terms of this agreement shall be
a total not -to -exceed $159,300 for all services including reimbursable expenses. The CITY shall
compensate the ENGINEER as follows:
For Tasks 1-7 and 9 the total compensation shall be on a lump sum basis and not to exceed
$115,800.
For Task 8 the total compensation shall be on a reimbursable (hourly) basis and not to exceed
$43,500.
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:
• Task 1 —Project Management
• Task 2 — Conceptual Layout
• Task 3 — Preliminary Engineering Report
• Task 4 — Survey and Geotech
• Task 5 — Final Design
• Task 6 — Construction Contract Documents
• Task 7 — Bid Phase Services
• Task 8 — Construction Phase Services
• Task 9 — Record Drawings
$ 4,500
$ 4,900
$ 10,800
$ 13,000
$ 62,900
$ 4,200
$ 10,800
$ 43,500
$ 4,700
Grand Total $ 159,300
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.
Non -Labor Expenses: Non -labor expenses for reimbursable tasks shall be reimbursed as Direct
Expenses at invoice or internal office cost. 4.6% will be added to each invoice to cover certain
other internal office cost expenses as to these tasks, such as in-house duplicating, local mileage,
telephone calls, facsimiles, postage, and word processing.
Direct Expenses (non -labor) for reimbursable tasks include, but are not limited to, mileage,
travel and lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work, plus applicable sales, use, value added, business
transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as express
delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice
number and Kenley -Horn project number.
City of Denton, Texas
Attachment B
Page 1 of 1
DocuSign Envelope ID: 5D31BBB2-F721-4477-BB8A-849BD64DB923
Exhibit CIQ
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 fled. 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.
1
Name of vendor who has a business relationship with local governmental entity. KIMLEY-HORN AND ASSOCIATES, INC.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7s' business
day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.
3 INaine of local government officer about whom the information in this section is being disclosed.
N/A
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 176.00I(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?
ElF-1
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?
EJ Yes 0 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
X I have no Conflict of Interest to disclose.
S gocuSigned by:
Sao A, -Al 10/14/2021
ilt doing business with the governmental entity Date