2005-296
ORDINANCE NO. 2.;005 -,:j9&
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES,
INC. FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES RELATED
TO THE FINAL DESIGN OF THE SOUTHWEST BOOSTER PUMP STATION AND
STORAGE FACILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to continue to
engage Kimley-Horn & Associates, Inc. a Corporation ("K-H"), to provide further
professional engineering services related to the final design of the Southwest Booster
Pump Station and Storage Facilities; and
WHEREAS, the City Council passed and approved an Ordinance on the 21 st day of
May, 2002, being Ordinance No. 2002-157, which authorized that a Professional Services
Agreement between the parties hereto be entered into. On the 21 sl day of May 2002, the
City of Denton, Texas and Kimley-Horn and Associates, Inc. entered into a "Professional
Services Agreement For The design, Bidding and Construction Contract Notification
Associated With The Proposed Denton Southwest Pump Station and Ground Storage
Tank;" and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the additional above-referenced professional engineering services, and
that limited City staff cannot adequately perform the specialized services and tasks with its
own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I: That the City Manager is hereby authorized by the City Council to
execute a First Amendment to Professional Services Agreement with Kimley-Horn and
Associates, Inc., a Corporation, for further professional engineering services relating to the
final design of the Southwest Booster Pump Station and Storage Facilities, for an
additional lump-sum fee of $52,000; in substantially the form of the First Amendment to
Professional Services Agreement attached hereto and incorporated herewith by reference.
I
SECTION 2: That the award of this Agreement by the City is on the basis of the
continued demonstrated competence, knowledge, and qualifications of K-H and the
demonstrated ability of K-H to perform the services needed by the City for a fair and
reasonable price.
SECTION 3: That the expenditure of funds as provided in the attached First
Amendment to Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approvaL
PASSED AND APPROVED this the ,.9Bff, day ofoJ' ~471b AJ ,2005.
C~~CL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: ~P/ ~f }uUdjfrl/ OMi/.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\05\Kimley-Hom & Associates-Final Design-SW Booster-PSA lOOS.doc
2
THE STATE OF TEXAS
COUNTY OF DENTON
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT to that certain "Professional Services Agreement
For The Design, Bidding and Construction Contract Notification Associated With The
Proposed Denton Southwest Pump Station and Ground Storage Tank" in the original not-
to-exceed amount of $289,000 (hereafter the "Agreement"), executed on May 21, 2002;
and approved by Ordinance No. 2002-157 enacted by the Council on said date, was
heretofore entered into by and between the City of Denton, Texas, a Texas Municipal
COIporation with its offices at 215 East McKinney Street, Denton, Texas 76201
(hereafter referred to as "CITY"); and the firm of Kim ley-Horn and Associates, Inc., with
its offices at 801 Cherry Street, Unit 11, Suite 1025, Fort Worth, Texas 76102, a North
Carolina Corporation (hereafter referred to as "K-H"); acting herein by and through their
respective duly authorized signatories; and
WHEREAS, the work and projects contemplated by the Agreement have been
partially completed, but certain portions of projects remain pending or have changed by
the delay of the last three years; neither due to the fault of the CITY nor K-H; and
additional monetary authority of not to exceed $52,000 (a total amount of $341,000,
including the $289,000 amount of the Agreement) is requested by the CITY and K-H at
this time; both the CITY and K-H have a mutual desire to enter into the terms of this
"First Amendment to Professional Services Agreement" (hereafter the "First
Amendment") in order to complete all of the services described and provided for in said
Agreement and in the First Amendment; and
NOW THEREFORE, the City of Denton, Texas and the firm of Kimley-Hom and
Associates, Inc. (hereafter collectively referred to as the "Parties"), in consideration of
their mutual promises and covenants, as well as for other good and valuable
considerations, do hereby AGREE to the following First Amendment, which amends the
terms and conditions of the said Agreement, to wit:
1.
That the prOVlSlons of the new Article 11.8. shall be inserted immediately
following the enumeration of the three (3) sections of the Scope of Work and Fee
Proposal labeled Article I1.A. in the Agreement of May 21, 2002, to wit;
"B, To perform those professional services as are set forth in the First Amended
Scope of Work which is set out in that certain three (3) page letter from Glenn A.
Gary, P.E. of Kimley-Hom and Associates, Inc. to Tim Fisher, P.E., Assistant
Director of Water Utilities of the City of Denton, Texas, dated July 20, 2005;
1
which letter is hereby incorporated by reference.
(4) sections:
1.
2.
3.
4.
This letter is composed of four
Item 1 - Electrical Generator
Item 2 - Hydropneumatic Tank
Item 3 - Delay of Project
Item 4 - Construction Phase Services"
II.
That the provisions of old Article II.R shall instead be labeled as Article
II.C. Article II.C. shall instead read:
"C. If there is any conflict, or if any conflict arises between the terms of this
First Amendment and the Exhibits attached to the Agreement and the First
Amendment, the terms and conditions of this First Amendment shall control over
the terms and conditions of the Exhibits."
III.
That the provisions of Article V.B.1., shall be deleted and the following
language is substituted for the same. The provision shall instead read:
"I. CONSULTANT shall perform its work on this Project in accordance with
the provisions of those tasks which are described and as set forth in the "Scope of
Services" of Exhibits "A" and "B" attached hereto and incorporated herewith by
reference. CONSULTANT shall bill from time sheets, on a once-monthly basis,
in minimum Y. hour or smaller time increments, at the hourly billing rate, or as
otherwise provided in Article V. For and in consideration of the professional
services to be performed by the CONSULTANT herein, the OWNER agrees to
pay, at an hourly rate as determined by Exhibit "C" entitled "Compensation
Effective August 1, 2005" which is incorporated herewith by reference, including
reimbursement for direct non-labor expenses and for its subcontractor expense.
CONSULTANT and OWNER agree that the fee for this First Amendment is not
to exceed $52,000. That amount consists of: (1) a lump sum fee of $15,000
associated with adding the Electrical Generator, as contained in Item 1 of Exhibit
"B" hereto; (2) a lump sum fee of $8,500 associated with the addition of two
15,000 gallon pressure tanks ("Hydropneumatic Tank") as contained in Item 2 of
Exhibit "B" hereto; (3) a lump-sum fee of $3,500 associated with the project
delay of several years ("Delay of Project") as contained in Item 3 of Exhibit "B"
hereto; and (4) a not-to-exceed hourly fee in accordance with Exhibit "c"
attached hereto regarding additional construction phase services regarding Item 4
of Exhibit "B" hereto, in an amount not-to-exceed $25,000.
The original Agreement executed by CONSULTANT and OWNER on the 21't
day of May, 2002, provided for professional fees in the lump sum amount of
$289,000. This First Amendment authorizes the expenditure of not-to-exceed an
2
additional $52,000 in professional fees. Therefore, this First Amendment
authorizes the total expenditure by OWNER of not- to-exceed $341,000."
IV.
That the following language shall be added to Article XXII.A ofthe Agreement:
"Exhibit "B" - First Amendment - Scope of Services - as contained in the
letter described hereinabove as Article ILB.
"Exhibit :C: - Compensation - attached hereto as Exhibit "c"
V.
The Parties hereto agree, that except as specifically provided for by this First
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and the
First Amendment, shall remain in full force and effect
IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Kimley-
Horn and Associates, Inc. have each executed this First Amendment to Professional
Services Agreement, in (4) original counterparts, by and through their respective duly
authorized representatives and officers on this the 20fh day of c.'5b(Jfem./;;0y'", 2005.
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
ity Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: 111M fjehdfdJ~ I1M;t
APPROVED AS TO LEGAL FORM:
3
{'Il.
EDWIN 11. SNYDER, CITY ATTORNEY
By:/W~~~
"K-H"
KIMLEY-HORN AND ASSOCIATES, INC.
A North Carolina Corporation
By:
/2 c/~
GLENN A. GARY, Vice President
ATTEST:
By:
S:\Our Documents\Contracts\05\Kimley-Hom First
4
Exhibit C
Kimley-Horn and Associates, Inc.
Rates Schedule
(Hourly Rate)
Senior Professional II
Senior Professional
Professional
Designer
Technical Support
Clerical! Administrative Support
$150 - $190
$110 - $155
$60-$110
$95 - $105
$45 - $90
$55 - $70
Effective January 1,2005
C:\Documents and Setting;\glenn.gary\My Documents\FTW05_Master.doc89
~=~
Kimley-Horn
and Associates, Inc.
July 20, 2005
Me. Tim Fisher, P.E.
Assistant Director of Water Utilities
City of Denlon
901-A Texas Street
Denton, TX 76205
Re: Denton Southwest Pump Station and Ground Storage Tank
KHA No. 061024005
Dear Tim:
The following are items not included in the Scope of Services of our current
contract for the Southwest Pump Station project. We have provided a description
of each item and the fee increase associated with each item.
Item 1 - Electrical Generator - The current plan for the service area proposed to
be served by the Southwest Pump Station is to delay the construction of elevated
storage. The TCEQ requires emergency power for systems with greater than 250
connections and do not meet the elevated storage requirement of 100 gallon per
connection. Emergency backup generation is listed in the contract as an
additional service but was not included in the total agreement price of $289,000.
The additional fee associated with adding this item as stated in the contract is a
lump sum of$15,OOO.
The projected additional construction cost for electrical generation is $300,000.
Item 2 - Hydropneumatic Tank - If elevated storage is not constructed then the
TCEQ allows for up to 2,500 connections to be served by a 30,000 gallon
pressure tank. Kimley-Hom submitted a variance request to the TCEQ on behalf
of the City of Denton to have variable speed pumps to control pressure rather
than a pressure tank. This request was denied by the TCEQ and a pressure tank
will have to be constructed for pressure maintenance unless elevated storage is
constructed. Because of the operating pressure at this station two (2) 15,000
gallon pressure tanks are anticipated to be constructed. As you know, pressure
tanks are typically used in rural areas where fire demand is not considered, so the
demand from the tank is fairly consistent. In this situation even though a
pressure tank is not a reliable method to provide fire protection, the design allows
the system to operate at fire demands which can be 5 to 10 times higher than the
normal anticipated demand. The conlrol of a pressure tank in this hydraulic
condition can become complex to meet the wide range of anticipated demand
.
TEL 8173356511
FAX 8173355070
.
Suite 1025
801 CherryStreel, Unil11
Fort Worth, Texas
76102-6803
~=~
Kimley-Horn
and Associates, Inc.
Mr. Tim Fisher, P.E., July 20, 2005, Page 2
conditions. A good portion of the design deals with pump controls that allow the
pressure tank to operate through a wide range of demand conditions.
The projectedJeeJor the addition oJtwo 15,000 gallon pressure tank, is a lump
sum $8,500.
The projected additional construction cost Jar the two pressure tanks is
approximately $135,000.
Item -3 Delay of Project - The project has been delayed for nearly two years
now. We have to change a few contracts with some of our sub consultants to
account for the delay of the project. Some of it is related to starting up the
project again, some of it is things like having the surveyor verify property
information and comers. The additional fee to cover subs is approximately
$3,500. I would like to request that we shift the cost of the reserved funds for
geotech to cover Kimley-Hom's cost to stop and start the contract. The geotech
information we received early in the project was sufficient to cover the majority
of our needs. We have only spent $600 of the budgeted $6,600 to have the
geotech sub consultant revise his report
The total additional cost we are requesting Jar project delay is a lump sum oj
$3,500.
Item 4 - Construction Phase Services - Our current Scope of Services includes
only shop drawing review and monthly site visits. You have indicated that there
may be a need for more detailed correspondence between your inspector and
Kimley-Hom during construction. It is very difficult to project the actual
additional fee for this; it is dependant upon contractors, vendors, developer's
contractors, and your staff. We propose that the construction phase service of the
contract be increased approximately $25,000 to cover these additional services.
This would allow an additional 2 to 5 hours per week of services as needed from
your staff. This time is not designated to cover errors and omissions by Kimley-
Hom, but to allow the staff the flexibility for additional services as needed
through the construction period.
Additional construction phase services are proposed to be hourly up to a
budgeted amount oj $25,000
~=~
Kimley-Horn
and Associates, Inc.
Mr. Tim Fisher, P.E., July 20, 2005, Page 3
Summary
Additional Services - Lump Sum
Electrical Generator
Hydro Pneumatic Tank
Delay Sub consultant Cost
Subtotal
$ 15,000
$ 8,500
$ 3.500
$ 27,000
Additional Services - Reimbursable
Construction Phase Services
$ 25,000
Total additional services
$ 52,000
Current Conlract Amount
Proposed Contract Amount
$289,000
$341,000
Please review this information and let me know your thoughts, then we can work
through how you would like to proceed.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
/2---- c/ ~
Glenn A. Gary, P.E.
GAG:jlp
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