2002-157
FILE REFERENCE FORM
2002-157
FILE(S) Date Initials
First Amendment to Agreement - Ordinance No. 2005-296 09/20/05 JR
ORDINANC NO. -/.O-f
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HOR_N & ASSOCIATES, INC. FOR 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 engage
Kimley-Hom & Associates, Inc. a_Corporation ("K-H"), to provide professional
engineering services related to the final design of the Southwest Booster Pump Station and
Storage Facilities; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the 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 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Kimley-Horn & Associates, Inc., a Corporation, for
professional engineering services relating to the final design of the Southwest Booster
Pump Station and Storage Facilities, in a lump-sm fee of $289,000; in substantially the
form of the Professional Services Agreement attached hereto and incorporated herewith by
reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
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.
SECTION3: That the expenditure of funds as provided in the attached
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 ~/?~day of ~)/~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENN~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: t-
S:\Our DocumentsXOrdinan¢¢sX02XKimley-Hom & Associates-Final Design-SW Booster- PSA 2002.doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR THE DESIGN, BIDDING AND CONSTRUCTION CONTRACT NOTIFICATION
ASSOCIATED WITH THE PROPOSED DENTON SOUTHWEST PUMP STATION
AND GROUND STORAGE TANK
THIS AGREEMENT ~s made and entered into ?;ef2e ~ay of
2002, by and between the ~ty of Denton, Tex'as, as MUmclpal Corpo~ati~, w~th it~
principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and
Kimley-Hom & Associates, Inc., a North Carolina Corporation, with its offices at 801 Cherry
Street, Suite 1100, Fort Worth, Texas 76102 (hereafter "CONSULTANT"); the parties acting
herein, by and through their duly-authorized representatives and officers.
WlTNESSETH, that in consideration of the mutual promises, covenants, agreements
herein, and in consideration of the premises, the parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and
the CONSULTANT hereby agrees to perform the services herein in connection with the Project
as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional services
set forth herein are in connection with the following described project (the "Project"):
Professional engineering services pertaining to the design, bidding and construction
contract administration associated with the proposed Denton Southwest Pump Station and
Ground Storage Tank.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional
mallner:
A. To perform those professional services as set forth in the Scope of Work and Fee Proposal -
Denton Southwest Pump Station for the City of Denton, dated ~ 2002,
prepared by CONSULTANT for OWNER; which document is attached hereto as Exhibits
"A" and "B" and are incorporated herein by reference; which document is comprised of, and
subdivided into the following three(3 ) sections:
1. Basic Services
Page 1 of 11
2. Special Services
3. Additional Services
B. If there is any conflict, or if any conflict arises between the terms of this Agreement and
Exhibits 'A" and "B" attached to this Agreement, the terms and conditions of this Agreement
shall control over the terms and conditions of the Exhibits.
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included as Basic Services in the above-described Scope of Services, set forth as
provided by Article II. above, shall be later agreed-upon by OWNER and CONSULTANT, who
shall determine, in writing, the scope of such additional services, the amount of compensation for
such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT.
ARTICLE 1V
PERIOD OF SERVICE
This Agreement shall become effective upon its execution by the OWNER and the
CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and shall remain
in force and effect for the period that may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof.
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting
through its City Manager or its Assistant City Manager for Utilities.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area
of professional engineering, or related services. Any subcontractor or sub-consultant
billing reasonably incurred by the CONSULTANT in connection with the Project
shall be invoiced to OWNER at the actual cost plus ten percent.
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for
any out-of-pocket expense reasonably incurred by the CONSULTANT in the
performance of this Agreement for long distance telephone charges, telecopy charges,
messenger services, priming and reproduction expenses, om-of-pocket expenses for
purchased computer time, prudently incurred travel expenses related to the work on
the Project, and similar incidental expenses incurred in connection with the Project.
Page 2 of 11
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as
follows:
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 Exhibit
"A", attached hereto and incorporated herewith by reference. CONSULTANT shall bill
fi:om time sheets, on a once-monthly basis, in minimum I/4 hour or smaller time
increments, at the hourly Billing Rates or as othenvise provided. For and in
consideration of the professional services to be performed by the CONSULTANT herein,
the OWNER agrees to pay, at an hourly rate shown in Exhibit "B" "Compensation"
which is incorporated herewith by reference, a total fee, including reimbursement for
direct non-labor expenses and for its subcontractor expense, a lump-sum mount of
$289,000 (comprised of $255,800 for the Basic Services referred to herein; and $33,200
for the Special Services referred to herein).
Partial payments to the CONSULTANT will be made monthly in accordance with the
statements reflecting the actual completion of the -Basic Services, rendered to and
approved by the OWNER through its City Manager [or its Assistant City Manager for
Utilities]. However, under no circumstances shall any monthly statement for services
exceed the value of the services performed at the time a statement is rendered.
o
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the City Manager [or its Assistant City
Manager for Utilities], or which is not submitted by CONSULTANT to the OWNER in
compliance with the terms of this Agreement. The OWNER shall not be required to
make any payments to the CONSULTANT at any time when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not-to-
exceed amount as stated hereinabove, without first having obtained the prior written
authorization fi:om the OWNER. CONSULTANT shall not proceed to perform any
services to be later provided for under Article III. "Additional Services" without flint
obtaining prior written authorization fi:om the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in
Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V.B.
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hereinabove. Statements for Basic Services and any Additional Services shall be submitted
to OWNER no more frequently than once monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within forty-five (45) days after receipt of the CONSULTANT'S undisputed
statement thereof, the mounts due the CONSULTANT will be increased by the rate of one
percent (1%) per month from and after the said forty-fifth (45th) day, and in addition,
thereafter, the CONSULTANT may, after giving ten (I 0) days written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full for all
mounts then due and owing, and not disputed by OWNER, for services, expenses and
charges. Provided, however, nothing herein shall require the OWNER to pay the late charge
of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that
the CONSULTANT'S work is unsatisfactory, in accordance with Article V.B. of this
Agreement, and OWNER has notified CONSULTANT of that fact in writing.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the services of the
CONSULTANT or any of its subcontractors or sub-consultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT'S
subcontractors or sub-consultants) pursuant to this Agreement are instruments of service and
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project and
OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense.
In the event the OWNER uses documents in another project or for other purposes than specified
herein any of the information or materials developed pursuant to this Agreement,
CONSULTANT is released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising fi'om
employee status.
Page 4 of 11
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, subcontractors, sub-consultants, attorneys,
and/or employees in the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
.ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best
Rate Carders of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with
property damage limits of not less than $100,000 for each occurrence, and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to
evidence such insurance coverage. Except Professional Liability Insurance, the insurance
policies shall name the OWNER as an additional insured on all such policies, and shall
contain a provision that such insurance shall not be cancelled or materially modified without
at least thirty (30) days prior written notice to OWNER and CONSULTANT. In such event,
the CONSULTANT shall, prior to the effective date of the change or cancellation of
Page 5 of 11
coverage, deliver copies of certificates for any such substitute policies, furnishing at least the
same policy limits and coverage, to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
B. This Agreement may alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
C. If this Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable t'wne to transition and to tam over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the services by the OWNER shall not constitute, nor be deemed a release of
the responsibility and liability of the CONSULTANT, its officers, employees, agents,
subcontractors, and sub-consultants for the accuracy and competency of their designs or other
Page 6 of 11
services performed pursuant to this Agreement; nor shall such approval by the OWNER be
deemed as an assumption of such responsibility by the OWNER for any defect in the design or
other services performed by the CONSULTANT, its principals, officers, employees, agents,
subcontractors, and sub-consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing
same in the United States mail at the addresses shown below, postage prepaid, certified mail,
return receipt requested, unless otherwise specified herein:
To CONSULTANT:
To OWNER:
Kimley-Hom and Associates, Inc.
801 Cherry Street, Unit 11
Suite 1100
Fort Worth, TX 76102
Fax: (817) 335-5070
City of Denton, Texas
City Manager
215 East McKinney
Denton, Texas 76201
Fax: (940) 349-8596
All notices given under this Agreement shall be effective upon their actual receipt by the
party to whom such notice is given.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and two (2) Exhibits constitutes the
complete and final expression of the agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, understandings,
and agreements which may have been made in connection with the subject matter of this
Agreement.
ARTICLE XVI
SEVERABILTY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenfomeable, it shall be considered severable fi.om the remainder of
this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement, to the extent reasonably possible, to replace such
stricken provision with a valid and enfomeable provision which comes as close as possible to
expressing the original intentions of the parties respecting any such stricken provision.
Page 7 of 11
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with federal, state, local laws, rules, regulations, and
ordinances applicable to the services performed by CONSULTANT hereunder, as they may now
read or as they may hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestD,, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of this Agreement.
B. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assi~tmment, novation or othenvise) without the prior
written consent of the OWNER. CONSULTANT shall further promptly notify OWNER in
writing of any change of its name as well as of any significant change in its corporate structure,
its business address, its operations, or regarding its solvency.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto arising out of, or affecting this Agreement, or
the rights or obligations of the parties hereunder, unless such waiver or modification is in
Page 8 of 11
writing, duly executed. The parties further agree that the provisions of this Article will not be
waived unless as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following Exhibits are attached to, incorporated herewith by reference, and are made a
part of this Agreement for all purposes pertinent:
Exhibit "A" --- Scope of Services --- Dated:
Exhibit "B" --- Compensation --- Dated:
,2002
~ 2002
CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct
examinations or audits in compliance with this Article. OWNER shall give CONSULTANT
reasonable advance notice of all intended examinations or audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
For purposes of this Agreement, the parties agree that the Project Principal shall be Charles
M. Staples, Principal, P.E., and the key persons who will perform most of the work as the
Project Teem, include the Project Manager, Glenn A. Gary, P.E., under, and in accordance
with this Agreement, shall be as specifically identified and set forth in the "Scope of
Services" document attached hereto as Exhibit "A." This Agreement has been entered into
with the understanding, expectation, and the OWNER'S reliance, that the above-stated
employees of CONSULTANT shall perform or direct all or a significant portion of the
services on the Project. Any proposed changes regarding the change of the Project Manager
or other key personnel, requested by CONSULTANT, respecting one or more of the above-
stated employees, shall be subject to the approval of the OWNER, which approval the
OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT fi.om
using other qualified and competent members of its firm to perform the other incidental
services required herein, under its supervision or control.
CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof in accomplishing the Project, CONSULTANT shall take such steps as are
reasonably appropriate so that the services involved are properly coordinated with related
work being carded on by the OWNER.
Page 9 of 11
The OWNER shall assist the CONSULTANT by placing at the CONSULTANT'S disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed this
Agreement in four (4) original counterparts, by and through its duly authorized City Manager;
and CONSULTANT has executerd~%t?s Agreement by and through its duly authorized
undersigned officer on this the ~/~ day of '~t~/~- ,2002.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page lOofll
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"CONSULTANT"
K1MLEY-HORN AND ASSOCIATES, 1NC.
A North Carolina Corporation
ATTEST:
Glenn A. Gary
Vice President
By:
Charles M. Staples
Senior Vice President
Page 11 of 11
EXHIBIT A to Agreement Between the
City of Denton, Texas (OWNER) and
Kimley-Hom and Associates, Inc.
(CONSULTANT) for Professional Services.
SCOPE OF SERVICES
This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between
OWNER and CONSULTANT providing for professional engineering services.
Project understanding
The proposed Pump Station site is approximately 2.25 acres generally located northwest of the
intersection of Crawford Rd. and John Pa'me Rd. in the proposed Country Lakes West Subdivision. The
pump station is intended to serve the Southwest 900-service area that is currently served by the OWNER
through the use of a groundwater system owned by the Robson Ranch Communities and operated by the
OWNER. This area is not currently served by elevated storage so alternate means of pressure
maintenance should be included in the station design until such time that elevated storage is constructed.
It is the OWNER's desire that the pump station be operational by the summer of 2003. Once the
OWNER approves the Preliminary Design Report, this agreement will provide for professional services
associated with the design, bidcFmg and limited construction phase services for the proposed pump station.
The Scope of Services is separated into Basic Services and Special Services as follows:
BASIC SERVICES
Task 1 - Final Design of the Southwest Booster Pump Station
Once the OWNER has approved the Preliminary Design Report, the CONSULTANT will
proceed with the following professional services to complete the Final Design as follows.
A. The Consultant will prepare engineering plan sheets, specifications and construction contract
documents in accordance with the Prelinfmary Design Report and for project bidding and
regulatory approval. Final Plans will consist of approximately forty (40)-22" x 34" plan
sheets. Preliminary Plans (50% and 95% submittals) will be submitted on 11" x 17" plan
sheets. The CONSULTANT will provide technical specifications for materials and
installation of the proposed facilities as follows:
Initial Site Plan - The OWNER will provide input about the preferred site plan layout
alternatives shown in the Preliminary Design Report. This input will include, but is not
limited to, ground storage tank size, general builffmg alignment and location, discharge
piping alignment. The CONSULTANT will make necessary revisions and present an
ultimate site plan configuration to be used as the guide for the location of facilities for the
final design.
Pumping Facilities - The proposed pump station is anticipated to include 1 or 2 - 600
gpm end suction pumps and 2 - 2,800 gpm horizontal split case pumps. The pump station
will be designed so that future expansions can accommodate up to 6 - 6,000 gpm pumps.
The pump station mechanical piping in the building will include isolation valves, air
release valves, and pump control valves. This piping will be ductile iron or welded steel.
Page 1 ofl0
Suction and discharge headers, one discharge meter and vault, and associated yard piping
appurtenances will be designed for the ultimate capacity as indicated in the Preliminary
Design Report. The design of pressure maintenance facilities are anticipated to include
Variable Frequency Drives (VFDs) with recirculation piping.
3. Ground Storage Tank - The proposed ground storage tank is anticipated to be welded
steel with a capacity of 1.0 to 2.0 million gallons. The OWNER will provide the
CONSULTANT with the size of tank within 2 weeks after notice to proceed for this
agreement. The tank is proposed to be designed with a 40 foot head range. The
foundation for the tank is anticipated to be designed as a reinforced concrete spread
footing based upon recommendations from the October 2001 Geotechnical Study
prepared by CMJ Engineering, Inc. The welded steel tank design will incorporate
cathodic protection.
4. Electrical - The pump station site will be designed with appropriate electrical facilities.
The OWNER will be responsible for providing the CONSULTANT with the type of
electrical service to be designed: Dual Feed Primary Service, Dual Feed Secondary
Service, or Single Feed Service. Design of the electrical facilities will include building
lighting (interior and exterior), switch gear, electrical supply, variable fxequency drives,
site lighting, fire detection and alarms, and telemetry. The pump station's telemetry will
conform with the OWNER'S existing SCADA system. This scope does not include
telemetry modification at the OWNER'S master site except for the specification of
configuration for changes to the Human Machine Interface (HMI) database and graphic
screens. The telemetry system will include pump controls, tank levels, intrusion alarms,
pressure, flow, chlorine residual coming in and out of the station, pH, and temperature.
Mechanical - The pump station design will also include Heating, Ventilation, and Air
Conditioning (HVAC) and plumbing elements to provide proper functioning of the
pumping facilities.
Architectural/Structural - The building will be of CMU construction in a long, single
story structure with a gable end. The roof will be designed for standing seam metal
construction. The interior of the building will be divided into two separate rooms with an
exterior personnel door for access to the electrical room. The building will be designed
with one exterior overhead coiling door with an internal door connecting to the electrical
room. Other items included in the design of the building will include windows, painting
of walls and floors, and a manual hoist system to aid in removal of the pumps. Based
upon recommendations from the October 2001 Geotechnical Study prepared by CMJ
Engineering, Inc, a concrete thickened slab foundation is recommended for the building
foundation.
Disinfection Facilities - Disinfection facilities will be designed to be located on the site.
Facilities will be designed in accordance with a Technical Memorandum, approved by the
OWNER, issued as part oftbe Preliminary Design Report.
Site Plan- A site plan will be designed based upon the layout agreed upon for the initial
site layout. Initial services will include topographic and boundary survey of the site for
preparation of the site plan and for preparation of a plat to be submitted to the OWNER.
This site plan will address site drainage, grading, water and sanitary sewer services,
fencing, and landscaping. Fencing and landscaping will follow guidelines set forth in the
February 2002 agreement between the OWNER and Wyune/Jackson Lakes Development
Page 2 of 10
LP (WJ Lakes) as well as any guidelines set forth by the OWNER's landscaping
ordinances. These guidelines should be similar in concept with the following: landscape
screening along John Paine Road, which will consist of a wall and landscaping along the
western side of the right of way of John Paine Road. The wall will be ora substantially
similar design, construction, and materials as that installed by WJ Lakes on the eastern
side of the right of way. The landscape screening will also be of a similar material and
amount as installed by WJ Lakes on the eastern side of the right of way. The landscaping
will include at a minimum one (1) four (4) inch caliper tree for every forty (40) lineal feet
of fi-ontage on John Paine Road plus five (5) gallon shrubs spaced between 30 - 36 inches
on-centcr along the wall.
B. Submit to the OWNER 50% complete plans, specifications, contract documents, and an
opinion of probable construction cost for review and comment.
C. Submit to the OWNER 95% complete plans, specifications, contract documents, and an
opinion of probable construction cost for review and comment.
D. Submit variance request to TNRCC for pressure maintenance facilities.
E. Submit final plans to OWNER Building Inspection Department, utility companies for
relocation of adjacent or affected facilities, and to the TNRCC.
F. Submit to the OWNER final bidding documents.
G. Deliverables provided by CONSULTANT.
1. Eight (8) copies of 50% Plans and Specifications (11" x 17" format), Contract
Documents and an Opinion of Probable Construction Cost.
2. Eight (8) copies of 95% Plans and Specifications (11" x 17" format), Contract
Documents and an Opinion of Probable Construction Cost.
3. Eight (8) copies of Final Plans and Specifications (22" x 34" format), Contract
Documents and an Opinion of Probable Construction Cost.
H. Meetings attended by CONSULTANT.
1. One (1) meeting with the OWNER to discuss Initial Site Plan for proceeding with Final
Design.
2. One (1) meeting with the OWNER to present 50% Plans and Specifications, Contract
Documents and an Opinion of Probable Construction Cost.
3. one (1) meeting with the OWNER to present 95% Plans and Specifications, Contract
Documents and an Opinion of Probable Construction Cost.
4. one (1) meeting with the OWNER to present Final Plans and Specifications, Contract
Documents and an Opinion of Probable Construction Cost.
Page 3 of 10
Task 2 - Bidding
A. Bid Document Preparation and Contractor Notification. CONSULTANT will prepare and
assemble construction bidding documents, including specifications for the subject Work and
the construction contract, based on "Standard General Conditions of the Construction
Contract" (EJCDC No. 1910-8, 1996 edition) prepared by the Engineers Joint Contract
Documents Committee. Additionally, CONSULTANT will issue bid packages for the
submittal of quotations to perform the work and conduct pre-bid meetings with potential
bidders. CONSULTANT will attend the bid operfmg, tabulate the bids received, and evaluate
the compliance of the bids received with the bidcYmg documents. CONSULTANT will
prepare a written summary of this tabulation and evaluation together with a recommendation
for the award of the construction contract. If requested by the OWNER, CONSULTANT
will notify the Contractor selected to begin work. CONSULTANT will prepare contract
documents for execution by the Contractor, receive and review such documents for
completeness, and forward the documents to the OWNER for review and execution.
B. Deliverables provided by CONSULTANT.
1. Notice to Bidders for advertising by the OWNER.
2. Thirty (30) sets of bid documents disttibuted to prospective bidders.
3. Addenda as required.
4. Bid Tabulation and Recommendation for Award.
5. Six (6) copies of contract documents for review and execution by the OWNER and
execution by the Contractor.
C. Meetings attended by CONSULTANT.
1. Pre-bid meeting.
2. Bid opening.
Task 3 - Construction Phase Services
CONSULTANT will provide professional construction phase services for the Proposed Pump
Station for the purpose of provicFmg assistance to OWNER during construction. These services
are as follows:
A. Pre-Construction Conference. Conduct a Pre-Construction Conference prior to
enmmencement of work at the site.
B. Visits to Site and Observation of Construction.
1. Provide monthly on-site construction observation services during the construction phase
of the subject project. Observations will vary depending on the type of work being
performed by the contractors, the location, and the contractors' schedules.
Page 4 of 10
2. Make monthly visits to the site in order to observe the progress of the work. Such visits
and observations by CONSULTANT are not intended to be exhaustive or to extend to
every aspect of Contractor's work in progress. Observations are to be limited to spot
checking, selective measurement, and similar methods of general observation of the work
based on CONSULTANT's exercise of professional judgment. Based on information
obtained during such visits and such observations, CONSULTANT will determine if
Contractor's work is generally proceeding in accordance with the Contract Documents,
and CONSULTANT will keep OWNER informed of the general progress of the work.
3. The purpose of CONSULTANT's visits to the site will be to enable CONSULTANT to
better carry out the duties and responsibilities assigned in this Agreement to
CONSULTANT during the construction phase by OWNER, and, in addition, by the
exercise of CONSULTANT's efforts, to provide OWNER a greater degree of confidence
that the completed work will conform in general to the Contract Documents and that the
integrity of the design concept of the completed project as a functioning whole as
indicated in the Contxact Documents has been implemented and preserved by Contractor.
CONSULTANT shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over Contractor's work,
nor shall CONSULTANT have authority over or responsibility for the means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and programs incident to
Contractor's work, nor for any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the work. Accordingly,
CONSULTANT neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in accordance
with the Contract Documents.
C. Shop Drawings and Samples. 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.
D. Applications for Payment. Based on CONSULTANT'S observations and on review of
applications for payment and accompanying supporting documentation: Determine the
amounts that CONSULTANT recommends Contractor be paid. Such recommendations of
payment will be in writing and will constitute CONSULTANT'S representation to Client,
based on such observations and review, that, to the best of CONSULTANT'S knowledge,
information and belief, Contractor's work has progressed to the point indicated, such work-
in-progress is generally in accordance with the Contract Documents (subject to an evaluation
of the Work as a functioning whole prior to or upon Substantial Completion, to the results of
any subsequent tests called for in the Contract Documents, and to any other qualifications
stated in the recommendation), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled insofar as it is CONSULTANT'S responsibility to
so determine. In the case of onit price work, CONSULTANT'S recommendations of
payment will include final determinations of quantities and classifications of Contractor's
work, based on observations and measurements of quantities provided with pay requests.
Page 5 of 10
SPECIAL SERVICES
Task 1 - Floodplain Reclamation Study
The CONSULTANT will investigate and propose modifications to the floodplain located on
the subject property in order to construct the proposed Pump Station. The OWNER does not
require that a Conditional Letter of Map Revision (CLOMR) be submitted in order to modify
the Floodplain. The Proposed Pump Station site is adjacent to Graveyard Branch, which
flows from west to east. The mapped floodplain(s) occupy the southern portion of the
property. The current Federal Emergency Management Agency (FEMA) designation for the
creek is Zone A, which means the floodplain is approximate and the eneroaehment will
require a detailed study. A recent Conditional Letter of Map Revision (CLOMR) submitted
by Carter Burgess has been granted by FEMA for the subject stream reach, along with
development along that reach to the east of the subject property.
B. The CONSULTANT will perform the following subtasks to produce a Floodplain
Reclamation Study:
The CONSULTANT will gather FEMA-specific and fully developed hydrologic and
hydraulic data available for Graveyard Branch from FEMA, Carter & Burgess, and/or the
OWNER. This scope assumes that data is available via one of these three sources. The
CONSULTANT will conduct one meeting with the OWNER to gather data and
determine the OWNER'S specific requirements for this project.
The CONSULTANT will obtain the FEMA effective hydraulic models for Graveyard
Branch. The data found in these models may vary from what is currently represented on
the Flood Insurance Rate Map (FIRM). The CONSULTANT will use these models to re-
map the FEMA 100-year floodplain through the project area.
Upon obtaining the data from FEMA and the OWNER, the CONSULTANT will
duplicate, then modify the FEMA effective model to reflect existing conditions on the
property. Such modifications would be based on topographic survey of the site
performed under a separate task in this Agreement.
Based on the OWNER-approved development plan and associated construction
documents (prepared under separate tasks), the CONSULTANT will prepare a proposed
condition hydraulic model of the planned grading/improvements. The CONSULTANT
will explore modeling two alternatives for reclaiming the floodphfm on the property. The
CONSULTANT will coordinate the reclamation plan with the construction documents
for the site. The hydraulic modeling will respect both FEMA (existing watershed) and
OWNER (fully developed watershed) hydraulic profiles.
C. Deliverables provided by the CONSULTANT.
1. Five (5) copies of the preliminary Floodplain Reclamation Study Report.
2. Five (5) copies of the final Floodplain Reclamation Study Report.
D. Meetings attended by the CONSULTANT.
1. One (1) meeting with the OWNER to gather data and determine OWNER-specific
Page 6 of 10
requirements for this Task.
2. One (1) meeting with the OWNER during the review of the Floodplain Study Report.
E. Services Provided by the OWNER
1. Attend meeting to establish OWNER'S requirements.
2. Review preliminary Floodplain Reclamation Study Report.
Task 2 - Letter of Map Revision (LOMR)
A. CONSULTANT will compile and submit to FEMA a Letter of Map Revision (LOMR)
request based on the completed site improvements. This submittal will occur when the
grading of the site has been completed and surveyed.
B. CONSULTANT will utilize the effective model obtained bom the OWNER, the Carter
Burgess CLOMR or LOMR, or FEMA as the effective model for the LOMR. The modified
existing condition hydraulic model bom the Floodplain Reclamation study will be used as the
revised existing condition model for the LOMR submittal.
C. After the on-site grading is substantially complete, on-ground topographic survey of the
proposed improvements is required as part of the LOMR submittal to FEIMA. This survey
effort will involve the following tasks:
1. Topographic survey of the natural ground (and/or structural improvements, i.e. retaining
walls) in the area of the on-site grading (approximately 1.5 acres).
2. Generation of one-foot contours in the area of the on-site grading.
D. CONSULTANT will modify the proposed condition hydraulic model from the Floodplain
Reclamation Study to reflect the as-built drainage improvements as reported by the survey.
CONSULTANT will then produce a LOMR submittal for the OWNER to submit to FEMA.
E. Deliverables provided by the CONSULTANT.
1. Five (5) copies of the LOMR submittal.
F. Meetings attended by the CONSULTANT.
1. One (1) meeting with the OWNER to deliver and obtain the proper signatures for the
G. Services provided by OWNER.
1. Submit LOMR to FEMA for approval.
2. Pay LOMR review fee to FEMA.
Page 7 of 10
Task 3 - Site Survey and Platting
Topographic Survey. Surveying services will be performed by the CONSULTANT for
functional preparation of the Site Plan. These services will include obtaining contours at one
(1) foot intervals, spot elevations on approximately a one hundred (100) foot grid, location of
existing above ground improvements, and location of utilities on or adjacent to the site.
Platting. A metes and bounds description prepared by Carter Burgess will be obtained for the
site and used in preparation of a Final Plat. The Final Plat will be prepared in accordance
with the OWNER's requirements and generally accepted surveying practices, suitable for
presentation and filing purposes. The Plat will include the following: plat title, survey,
abstract, and boundary lines, metes and bounds description, building setback lines, zoning of
subject and adjoining tracts, existing a proposed street rights-of-way, 100-year flood plain per
Conditional Letter of Map Revision (CLOMR) approved by FEMA, Surveyor's Certificate,
and OWNER!s certificate and dedication statement.
C. Deliverables provided by the CONSULTANT.
1. Six (6) copies of the Final Plat.
Task 4 - Geotechnical Evaluation
Geotechnical services, consisting of soil borings, will be performed for the pump station
building and ground storage tank locations. A geotechnical evaluation for the building will
be conducted, consisting of no more than two (2) soil borings, prior to completion of the final
design to obtain soil boring information for two locations within the projected foundation of
the building. A geotechnical evaluation for the ground storage tank will be conducted prior to
completion of the £mal design to obtain soil boring information for two (2) locations within
the projected foundation of the tank.
B. Deliverables provided by the CONSULTANT.
I. Three (3) copies of Geoteclmical Report.
ADDITIONAL SERVICES
Additional Professional Services to be performed if authorized by the OWNER, but which are not
included in the above-described Scope of Professional Services, are as follows:
A. Accompanying the OWNER's personnel when meeting with the Texas Natural Resource
Conservation Commission (TNRCC), U.S. Environmental Protection Agency, or other
regulatory agencies during the course of either the design or construction of the project.
Kimley-Hom will assist the OWNER's personnel on an as-needed basis in preparing
compliance schedules, progress reports, and providing general technical support for the
OWNER's compliance efforts.
Page 8 of 10
B. Plan or specification revisions resulting in a design concept change related to the denial of a
variance request to TNRCC for pressure maintenance facilities.
C. Design of an on-site generator for emergency power supply with an automatic transfer
system.
D. Design of water lines or sewer lines not located on the site. This includes design associated
with an emergency water line connection to the City of ArgyleAJpper Trinity Regional Water
District elevated storage tank.
E. Any services related to preparation of an amendment to the existing CLOMR, or a new
CLOMR.
F. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by tins Agreement. Such services, if any,
shall be furnished by Kimley-Hom on a fee basis negotiated by the respective parties outside
of and in addition to this Agreement.
G. Sampling, testing, or analysis beyond that specifically included in the Scope of Sex'vices
referenced herein above whether provided by CONSULTANT or coordinated with an
independent firm hired by either CONSULTANT, the OWNER, or the Contractor.
H. Preparing applications and supporting documents for government grants, loans, or planning
advances, and providing data for detailed applications.
Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction of
the project, including the preparation of engineering data and reports for assistance to the
OWNER.
J. Providing professional services associated with the discovery of any hazardous waste or
mater/als in the project route or on the proposed site.
K. Providing additional presentations to City Council concerning this project or any matter
associated with this project.
L. Providing construction staking or any survey for the re-establishment of property boundaries,
easements, sub-division or any other surveying activity not described as a part of the Scope of
Services.
M. Providing any easement, right-of-way, or property acquisition services.
N. Attending additional public meetings during the design and construction of the project and
not provided as a part of the Scope of Services.
O. Providing any other professional services requested by the OWNER and as a part of this
project that are not listed in the Scope of Services.
Page 9 of 10
SCHEDULE
CONSULTANT will begin services for the above scope of services upon receipt of notice to
proceed. This project is scheduled so that advertisement for bids can be made ki the Fall of 2002.
Construct/on to be completed in the Summer of 2003.
END OF EXHIBIT A
Page 10 of 10
EXHIBIT B to Agreement Between the
City of Denton, Texas (OWNER) and
Kimley-Hom and Associates, Inc.
(CONSULTANT) for Professional Services.
COMPENSATION
This is an exhibit attached to, made a part of and incorporated by reference into the Agreement
between OWNER and CONSULTANT providing for professional engineering services.
CONSULTANT will accomplish the work outlined in Tasks 1, 2, and 3 of Basic Services and Tasks
1, 2, 3, and 4 of Special Services presented as the Scope of Services in Exhibit "A" of this Agreement
for a lump sum fee of $289,000 including direct expenses associated with the same.
The lump sum fee for Basic Services is composed of the following:
Task 1 - Final Design of the Southwest Booster Pump Station
$196,000
Task 2 - Bidding $14,200
Task 3 - Construction Phase Services
$45,600
Basic Services Total
$255,800
The lump sum fee for Special Services is composed of the following:
Tasks 1 and 2 - Floodplain Reclamation Study/LOMR
$18,000
Task 3 - Site Survey and Platting
$9,000
Task 4 - Geotechnical Evaluation
Special Services Total
$6.200
$33,200
CONSULTANT will invoice the OWNER for the value of the partially completed services, according
to the services accomplished each month on a proportional basis to the overall project.
Due to the difficulty in defining a finite Scope of Services for Additional Services. CONSULTANT
will provide the services described in Additional Services on a labor fee plus expense basis. Labor
fees are to be computed on the basis of labor hours charged to the project and the CONSULTANT's
Billing Rate Schedule in effect at the time services are rendered. The current CONSULTANT Billing
Rate Schedule is shown below. The CONSULTANT recommends that the OWNER budget $15,000
for Additional Services associated with the design of an on-site generator and automatic transfer
switch for emergency power supply. Direct reimbursable expenses such as express mail, fees, out-of-
town mileage (trips in excess of 100 miles), end other direct expenses will be billed at 1.10 times
cost. An amount equal to six percent (6%) of the labor fees will be added to each invoice to cover
cert~fm other direct expenses such as in-house duplicating and blueprinting, facsimile, local mileage,
telephone, postage, end word processing computer time. Technical use of computers for design,
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analysis, and graphics, etc. will be billed at $25.00 per hour. All permitting, application, and similar
project fees will be paid directly by the OWNER.
CURRENT HOURLY RATE SCHEDULE
Principal
Senior Professional
Registered Professional
Professional
Support Staff
Technical Support
$150- $170
$90- $135
$95- $115
$55- $95
$40- $60
$45- $90
Effective January 1, 2002
END OF EXHIBIT B
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