2000-411ORDINANCE NO ~ oq ~ I
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
MONTGOMERY WATSON AMERICAS, INC FOR ENGINEERING SERVICES
PERTAINING TO THE LAKE LEWlSVILLE WATER TREATMENT PLANT SCADA
SYSTEM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDiNG AN EFFECTIVE DATE
WHEREAS, the City Council deems It in the pubhc interest to engage Montgomery
Watson Americas, Inc, a Cahfomla Corporation ("MWA"), w~th offices in Fort Worth, Texas,
to prowde professional engineering services to the City as a System ~ntegrator pertalmng to the
design of, the preparation of construction plans and specfficat~ons for, and the performance of
related construction phase services for the first two phases of the automataon of the Lake
Lewmwlle Water Treatment Plant Superwsory Controlled And Data Acqmslt~on ("SCADA")
System Specffically, the two phases of the project will consist of computer hardware, software,
mstallanon, trmmng, hardware maintenance, software mmntenance, and ongmng software
support necessary for the full operation of the Lake Lew~svllle Water Treatment Plant SCADA
System, and
WHEREAS, the C~ty staff has reported to the City Council that there is a substantial need
for the above-described professional engmeenng servmes, and that limited C~ty staff cannot
adequately perform the servmes and tasks w~th ~ts own personnel, and
WHEREAS, the C~ty staff, m order to better evaluate ~ts needs for the project, and m
order to determine the most competent, knowledgeable, and quahfied professional engmeenng
firm avmlable, xssued a Request for Information ("REI"), and thereafter a Request for Sealed
Proposal ("RESP") No 2550, due on July 25, 2000, was issued to several of the top selected
candidates, and followmg the evaluation of the responses to such RFSP, C~ty staff deterrmned
and recommended that MWA should be selected, hawng met the reqmrements of Chapter 2254
of the Texas Government Code, and
WHEREAS, Chapter 2254 of the Texas Govermnent Code, known as the "Professional
Services Procurement Act", generally prowdes that a City may not select a prowder of
professional serrates on the bas~s of competitive b~ds, but must select the prowder on the basis of
the prowder's demonstrated competence, knowledge, and quahficatlons, and for a fair and
reasonable price, and
WHEREAS, the C~ty's procurement of professional englneenng services and related
supporUng supphes and materials prowded by MWA m connectaon w~th the above referred to
professional servmes, are addmonally exempt from the reqmrements of the State competmve
baddlng law and pursuant to the C~ty of Denton Code of Orchnances as a "tngh technology
procurement" as permitted by Section 252 021(e) of the Texas Local Government Code, as City
staffhas utilized the competitive sealed proposal procedure
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional engmeenng services, as set forth m the
Professional Services Agreement, NOW, THEREFORE,
THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the recltatlons contained in the foregoing Preamble to this ordinance
are tree and correct and the same are incorporated by reference herewith
SECTION 2 That the City Manager is hereby authorized to execute a Professional
Services Agreement with Montgomery Watson Americas, [nc for professional engmeenng
services pertatmng to the Lake Lewmvflle Water Treatment Plant SCADA System for the City of
Denton, Texas, m substantially the form of the Professional Services Agreement attached hereto
and incorporated herewith by reference
SECTION 3 That the award of fins Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of MWA and the ability of MWA to
perform the services needed by the City for a fair and reasonable price
SECTION 4 That the expen&ture of funds as provided in the attached Professional
Services Agreement is hereby authorized
SECTION 5 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tins the t])ql day of /k/o~/O~¢t~ ,2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~VE; &~O LE;2 FOX'vi
HERBERT L PROUTY, CITY ATTORNEY
EULINE BROCK, MAYOR
BYf~Q~ ~ ~ ~s^
S \Our Documents\Or~mance~Rvlon'tsom~ry Watson Americas ne Lake Lew~svtlle Wtr Ttmt SCADA ord doe
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE DESIGN OF, TIlE PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED
CONSTRUCTION PHASE SERVICES FOR TIlECITY OF DENTON LAKE
LEWISVILLE WATER TREATMENT PLANT SCADA SYSTEM
~t,T~HIS ACiREEMENT is made and entered into as of the '/t---day of
[ 1.~ ,2000, by and between the City of Denton, Texas, a Texas Mummpal
Corp~)r~ttlon, with its pnnclpal offices at 215 East McKarmey Street, Denton, Texas 76201
(hereafter "OWNER") and Montgomery Watson Americas, Inc, a Callforma Corporation, with its
offices at 7601 Flagstone, Fort Worth, Texas 76118 (hereafter "CONSULTANT"), the partaes
acting hereto, by and through their duly-authorized representatives and officers
WlTNESSETH, that m conmderat~on of the covenants and agreements herein contmned, the
parties hereto do mutually AGREE as follows
ARTTOJ ~F, l
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts wth CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to peri'om the services herein in connection with the Project as
stated in the Articles to follow, with chhgence and m accordance with the professional standards
customarily obtmned for such sermces m the State of Texas The professional services set forth
hereto are tn connection with the following described project (the "ProJect")
Pmfesmonal eng~neenng services pertalmng to the design of, the preparation of construction plans
and specifications for, the acqulmtlon of tugh technology equipment, the performance of related
construction phase services, and general representation of he City during constmchon for the
Instrumentation and Control ProJect for the Lake Lewlswlle Water Treatment Plant
ARTTCT ,E Il
SCOPE OF SERVICES
The CONSULTANT shall perform the followang Basic Servaces in a professional manner
A To perform those professional services as set forth in the "Scope of Services for Lake
Lewlsvflle Water Production Plant, Instrumentation and Control ProJect," Phase I --- SCADA
System and Phase II --- Backwash Filter Automation" dated October 2000, and prepared by
CONSULTANT for OWNER, which document is attached hereto as Extublt "A," and is
mcorporated hereto by reference, wlueh document is comprised of, and subdivided into the
following sectaons
Page 1 of 11
Phase I - SCADA System
1 ProJect Management
2 Engineering Sermces
3 SCADA System Equipment
4 System Training
5 Mmntenance and Warranty Services
Phase II - Backwash Filter Automataon 1 ProJect Management
2 Englneenng Services
3 Backwash Filter Equipment
4 System Tratmng
5 Maintenance and Warranty Services
B
If there is any con.ct, or if any conflict arises between the terms oftbas Agreement and Extnbat
"A" attached to tins Agreement, the terms and conditions of flus Agreement shall control over
the terms and conchtlons of the Exbablt
ARTIC. I.E 111
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, winch are not included as Basic Services in the above-described Scope of Services, set
forth as pmmded by Article II above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall determine, m wntang, the scope of such additional services, the amount of compensation
for such adchtlonal services, and other essential terms pertaining to the provision of such addltaonal
services by the CONSULTANT
ARTI(21 .I~ w
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notate to proceed by the OWNER, and shall remam m
force and effect for the period which may reasonably be required for the completion of the ProJect,
including Additional Services, if any, and any reqmred extensions approved by the OWNER Tins
Agreement may be sooner ternunated in accordance with the prows~ons hereof Tune is of the
essence in flus Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herem as expeditiously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Assistant City Manager for Utilities, or bas designee
AltTIC. T .F. V
COMPENSATION
A COMPENSATION TERMS
1 "Expense" is defined as those expenses, if any, incurred by CONSULTANT m the
employment of others m outside firms, for services in the area of professional
engineering, or related services Any subcontractor or subconsultant bfllmg reasonably
incurred by the CONSULTANT m connection with the ProJect shall be lnvomed to
Page 2 of 11
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 recurred by the CONSULTANT m the performance
of tins Agreement for long d~stance telephone charges, telecopy charges, messenger
services, pnntmg and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently recurred travel expenses related to the work on the ProJect,
and similar mcldental expenses ~ncurred in connection with the Project
B BILLING AND PAYMENT
For and m consideration of the professional services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basic Services tasks set forth m the Scope of Servmes as shown m Amcle II above, as
follows
1 CONSULTANT shall perform its work on tlis ProJect in accordance Wlth the
provisions of those tasks that are described as set forth ~n Exlilit A - "Scope of Services"
attached hereto and Incorporated herewith by reference CONSULTANT shall perform the
smd professional sermces substantially m accordance with the "ProJect Schedule" as set forth
in Exlub~t B that ~s attached hereto and incorporated herewith by reference CONSULTANT
shall be pa~d for services rendered to OWNER pursuant to flus Agreement on the basis set
forth m the "Schedule of Fees" in Exlulit C, lilled monthly CONSULTANT shall b~ll based
on percent complete for each task OWNER agrees to pay to CONSULTANT for ~ts
professmnal services performed, for its Subcontractor Expense, Eqmpment Expenses, and for
its Direct Non-Labor, out-of pocket expenses ~ncurred tn the Project, a total lump-sum
mount of fees and expenses of Three Hundred F~fteen Thousand Two Hundred Twenty-
Seven and No/100 Dollars ($315,227 00)
2 Partial payments to the CONSULTANT wall be made monthly m accordance w~th the
statements reflecting the actual completion of the Basic Services, rendered to and approved
by the OWNER through its Assistant Oty Manager for Utilmes, or tls designee However,
under no mrcumstances shall any monthly statement for sermces exceed the value of the
work performed at the time a statement ~s rendered The OWNER may w~thhold the final ten
(10%) percent of the above total lump-sum amount of fees and expenses until satisfactory
completton of the Project by the CONSULTANT If completion of tlis Agreement is
prevented or impacted ~n any material manner by the OWNER fmhng to meet the
reqmrements of Amcle VI of flus Agreement, then the CONSULTANT may request
d~sbursement to tt of the final ten percent
3 Nothing contained in this Amcle shall reqmre the OWNER to pay for any work wlich
~s unsatisfactory as reasonably deterrmned by the Assistant City Manager for Utthties or Ins
designee, or winch is not submitted by CONSULTANT to the OWNER ~n compliance with
the terms of ttus Agreement The OWNER shall not be reqmred to make any payments to
the CONSULTANT at any tnne when the CONSULTANT is m default under tlis
Agreement
4 It IS specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to tlis Agreement wluch would reqmre additional
Page 3 of 11
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
mount as stated heremabove, without first having obtmned the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article III "Additional Services" without first obtalmng prior written
authorization from the OWNER
C
ADDITIONAL SERVICES For addttlonal services authonzed in writing by the OWNER
in Article III heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon
Schedule of Charges Payments for addltmnal services shall be due and payable upon
submission by the CONSULTANT, and shall be ~n accordance with Article V B
herelnabove Statements for Basra Services and any additional servmes shall be submitted to
OWNER no more frequently than once monthly
D
PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
servmes and expenses within sixty (60) days after recmpt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the smd sixtieth (60th) day, and m
ad&taon, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under thas Agreement untal the CONSULTANT has been prod in
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Provided, however, nothing herem shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth hereto, if the OWNER reasonably
determines that the CONSULTANT's work is unsatasfactory, in accordance with Article V
B ofthts Agreement, and OWNER has notffied CONSULTANT of that fact in writing
ARTICI ,~ VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovenng and
promptly reporting to the OWNER any defects or deficiencies in the work of the OWNER at the
Lake Lewlsvflle Water Production Plant site
ARTTCI,F, VTT
RESPONSIBILTIES OF OWNER
The completion of rims ProJect requires several requirements to be completed by the
OWNER These reqmrements are cntucal to the completion of the Project and m meeting the
schedule set forth m Exlublt B The followmg items are the responsibility of the OWNER
For Phase I of the Project, all eqmpment installation, wrong and condmt reqmrements
for installation and operation of eqmpment, connection of all wtres for a fully
operational SCADA system, panel installation, console purchase and installation,
computer purchase and installation, and any other construction reqmrements for the
complete mstallat~on of the SCADA system Tins includes but is not hrmted to all
items ldentffied m the CONSULTANT'S proposal under Item 4 - Proposed Level of
Utlhzalaon
Page 4 of 11
2
3
4
5
6
For Phase II of the Project, all equipment ~nstallat~on, wrong and condmt reqmrements
for ~nstallatlon and operatmn of eqmpment, connectmn of all w~res for a fully
operatmnal Backwash Filter Automatmn system, backwash filter panel (e~ght total) and
console modfficatlons, level transmitter purchase and ~nstallat~on, and any other
constructton reqmrements for the complete installation of the backwash filter
automation system
Attendance at factory tests for all constructed panels to provide acceptance
Acceptance of all responmbthty of eqmpment upon dehvery to the OWNER
Secured storage of eqmpment upon dehvery to the ProJect rote
Any delay m schedule caused by the OWNER that affects the overall complenon date
of the ProJect will result m a reasonable extension of this Agreement and compensanon
to the CONSULTANT for any additional expenses ~ncurred m the areas of labor, d~rect
expenses and lnchrect expenses These costs shall be negotiated m good fatth by the
OWNER and CONSULTANT and shall be added to t!us Agreement by appropriate
change order and/or amendment Delays include and are not hmtted to incomplete
mformataon on the verification process for development of software, fadure to fimsh
system construction m the scheduled ttme, and lack of access to the Project plant rote
ARTICT ,R VIII
OWNE~ OF DOCUMENTS
All documents prepared or funnshed by the CONSULTANT (and any of CONSULTANT'S
subcontractors or subconsultants) pursuant to ttus Agreement are instruments of service and shall
become the property of the OWNER upon the termination of thru Agreement CONSULTANT ~s
entatled to retain cop~es of all such documents The documents prepared and furmshed by the
CONSULTANT are intended only to be apphcable to flus ProJect and OWNER'S use of these
documents m other projects shall be at OWNER's sole risk and expense In the event OWNER uses
the Agreement m another project or for other purposes than those purposes spemfied hereto,
regarding any of the mfonnat~on or materials developed pursuant to tins Agreement,
CONSULTANT shall be released fi.om any and all habthty retatmg to their use ~n that project
ARTTC. I .~ T~
INDEPENDENT CONTRACTOR
CONSULTANT shall prowde serwces to OWNER as an independent contractor, not as an
employee of the OWN-ER CONSULTANT shall not have or clann any nght arising fi.om
employee status
ARTTC~T ,F. X
INDEMNITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its
offimals, officers, agents, attorneys and employees fi.om and against any and all hablhty, claims,
demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable
attorney fees recurred by the OWNER, and mcludmg w~thout hnutat~on damages for bodily and
personal injury, death, or property damage, to the extent caused by the negligent acts or onussmns
of the CONSULTANT or ~ts officers, shareholders, agents, subcontractors, subconsultants,
attorneys, and/or employees ~n the execution, operation, or performance of tlus Agreement
Nothing m flus Agreement shall be construed to create a hablhty to any person who is not a
Page 5 of 11
party to tins Agreement and nothing hereto shall wmve any of the parties' defenses, whether at law
or m eqmty, to any clmm, cause of actaon or htlgatmn filed by anyone not a party to flus
Agreement, including the defense of governmental lmmumty, winch defenses are hereby expressly
reserved by the parties hereto
ARTICI,F, XI
INSURANCE
Dunng the performance of the Basra Services and any Addatlonal Servmes performable under
flus Agreement, CONSULTANT shall maintain the followang ansurance wath an ansurance
company hcensed to do business m the State of Texas by the State Insurance Board or any
successor agency, that has a rating w~th A M Best Rate Careers of at least an "A-" or above
A
Commercial General Liability Insurance with bodily injury hmlts of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
Inmts of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B
Automobile Lmbfl~ty Insurance with bodily injury hmats of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage hmlts for not
less than $100,000 for each acmdent
C
Worker's Compensation Insurance in accordance with statutory reqmrements and Employer's
Lmbfl~ty Insurance with hmtts of not less than $100,000 for each accadent
D Professional Lmbahty Insurance w~th hmats of not less than $500,000 annual aggregate
E
CONSULTANT shall furmsh ansurance certfficates or ansurance pohc~es to the OWNER to
evidence such insurance coverage The Commermal General Llabflaty and the Automobile
Laabfllty ansurance pohmes shall name the OWNER as an addat~onal ansured on all such
pohcaes to the extent that as legally possable, and such pohmes shall contmn a provaslon that
such insurance shall not be cancelled or modffied without at least flurry (30) days prior
written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, dehver copaes of any
such substitute pohc~es, furmsinng at least the same pohcy hmats and coverage, to OWNER
ARTTCT ,R XTT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part~es may agree to settle any d~sputes under tins Agreement by submitting the dmpute
to arbatratlon or other means of alternate dmpute resolution such as medaataon No arbatrataon or
alternate chspute resolution arising out of or relating to, tbas Agreement revolving one party's
d~sagreement may include the other party to the dasagreement without the other's approval
AR TICI,R XIII
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of flus Agreement, e~ther party may terrmnate tins
Agreement by provldang flurry (30) days advance written notme to the other party hereto
Page 6 of 11
B
Ttus Agreement may altematavely be terminated in whole or m part m the event of either
party substantially fmhng to fulfill its obligations under this Agreement No such termmatlon
will be effected unless the other party is given (1) written notice (delivered by certified mall,
return receipt requested) of intent to tertmnate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the
fadure, and (2) an opportumty for consultation with the termmatmg party prior to
termlnatlon
C
If tins Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall unmedlately cease all services upon receipt of the written notice of
termination fi.om OWNER, and shall render a fmal bill for services to the OWNER wltlun
twenty (20) days afLer the date of termination The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notace of termination being received by CONSULTANT, in accordance with Article
V ofttus Agreement Should the OWNER subsequently contract with a new consultant for
any continuation of services on ttus ProJect, CONSULTANT shall cooperate ~n providing
reformation to the OWNER and to the new consultant, when reasonably requested by
OWNER to do so If apphcable, OWNER shall allow CONSULTANT a reasonable tmae to
transltaon and to turn over the ProJect to a new consultant CONSULTANT shall mm over
all documents prepared or furmshed by CONSULTANT pursuant to this Agreement to the
OWNER on or before the date of termmatmn, but may mmntmn copies of such documents
for its files
ARTIC21J~, XIV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work 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 subconsultants for the accuracy and competency of their designs or other work performed
pursuant to tfus Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responslblhty by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its pnnclpals, officers, employees, agents, subcontractors, and subconsultants
ACTICI ,F, XV
NOTICES
All notices, commumcat~ons, and reports required or penmtted under tins Agreement shall be
personally dehvered to, or teleeopled to, or mailed to the respective parties by depositing same in
the Umted States mml at the addresses shown below, postage prepmd, certified mml, remm receipt
requested, unless otherwise spemfied hereto
Page7 ofll
To CONSULTANT
To OWNER
Montgomery Watson Americas, Inc
Andrew T Cronberg, Business Umt Manager
7601 Flagstone
Fort Worth, Texas 76118
Fax (817) 284-7693
City of Denton, Texas
Mmhael W Jez, City Manager
215 East McKanney
Denton, Texas 76201
Fax (940) 349-8596
All notices given under thts Agreement shall be effective upon thmr actual receipt by the
party to whom such notice ~s g~ven
ARTIC1,1~ XVI
ENTIRE AGREEMENT
Tins Agreement consisting of eleven (11) pages and three (3) Exinints constitute the
complete and final expression of the Agreement of the part~es and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negottat~ons, chscuss~ons, commumcatlons, understan(hngs, and
agreements winch may have been made m connection w~th the subject matter of tins Agreement
ARTICI ,~ XVII
SEVERABILITY
If any provas~on of tins Agreement ~s found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable fi.om the remmnder of tins Agreement,
and shall not cause the remmnder to be mvahd or unenforceable In such event, the parties shall
reform tins Agreement, to the extent reasonably possible, to replace such stricken prowslon w~th a
vahd and enfomeable prows~on winch comes as close as possible to expressing the ongmal
intentions of the part,es respecting any such stricken prowsmn
ARTTCT ,F, XVIIT
COMPLIANCE WITH LAWS
The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulations, and
orchnances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be mended
ARTTCT ,¢
DISCRIMINATION PROHIBITED
In performing the sermces reqmred hereunder, the CONSULTANT shall not d~scnmmate
against any person on the bas~s of race, color, rehg~on, sex, national ong~n or ancestry, age, or
physmal handmap
AI~ TICf ,F, XX
PERSONNEL
A CONSULTANT represents that ~t has or will secure at ~ts own expense all personnel reqmred
Page 8 of 11
to perform all the services reqmred under tins 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 winch may arise during
the term of flus Agreement
B
All services reqmred hereunder will be performed by CONSULTANT or under its drrect
supermslon All personnel engaged m performing the work provided for in tins Agreement,
shall be quahfied, and shall be authorized and penmtted under apphcable State and local laws
to perform such services
ARTICI .'F( XXT
ASSIGNABILITY
The CONSULTANT shall not assign any interest in thts Agreement and shall not transfer
any interest m t/us Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER In writing of any
change of its name as well as of any s~gmficant change in its corporate structure or in its operations
ARTTO, I ,F, XXII
MODIFICATION
No waiver or modfficatlon of tins Agreement or of any covenant, condition, limitation herein
contmned shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or mo0aficatton shall be offered or received in evidence m any
proceeding arising between the parties hereto arising out of, or affecUng this Agreement, or the
rights or obligations of the part, es hereunder, unless such waiver or modification is in writing, duly
executed The parties further agree that the proms~ons of this Article will not be watved unless as
hereto set forth
ARTTO, T .F,
MISCELLANEOUS
A
The following Exinblts are attached to, incorporated herewith by reference, and are made a
part of this Agreement for all purposes pertinent
Extabxt "A" - "Scope of Sermces"
Exbablt "B"- "ProJect Schedule"
Exh~int "C" - "Schedule of Fees"
B
CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the
final payment made by OWNER under tins Agreement, have access to and the right to
exarmne any chrectly pertinent books, documents, papers and records of CONSULTANT
revolving transactions relating to tins Agreement CONSULTANT agrees that OWNER
shall have access dunng normal working hours to CONSULTANT faclhtles and shall be
prowded adequate and appropnate working space m order to conduct exammataons or audits
in compliance with tins Article OWNER shall g~ve CONSULTANT reasonable advance
noUce of all intended examinations or auchts
Page 9 of 11
C
Venue of any suit or cause of action under tins Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D
For purposes of this Agreement, the parties agree that the ProJect Manager shall be Andrew
Cronberg, Pnnclpal, and the key person who will perform, lead, and d~rect most of the work
for the ProJect Team will be Pete Langraff, Project Engineer Tins Agreement has been
entered into with the understanding, expectation, and the OWNER's reliance, that the above-
stated employees of CONSULTANT shall perform all or a slgmficant portmn of the work 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, winch approval the OWNER
shall not unreasonably withhold Notinng herein shall limit CONSULTANT from using
other qualified and competent members of its firm to perform the other incidental services
reqmred herein, trader its supermsmn or control
E
CONSULTANT shall commence, carry on, and complete its work on the ProJect with all
applicable dispatch, and m a sound, economical, efficient manner, and m accordance with the
prowslons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with any related work
being camed on by the OWNER
F
The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all avmlable lnformalmn pertinent to the ProJect, including previous reports, any other data
relatsve to the ProJect and arrangmg for the access to, and make all promslons for the
CONSULTANT to enter m or upon, public and private property as reqmred for the
CONSULTANT to perform professional servmes under tins Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information funushed to
it by OWNER without the need for further mqm~ or investigation into such information
G
The captions of tins Agreement are for lnformatlonal purposes only and shall not m any way
affect the substantive terms or condmons oftlus Agreement
IN WITNESS WHEREOF, the OWNER, the City of Denton, Texas has executed tins
Agreement m four (4) ongmal counterparts, by and through its duly anthonzed City Manager, and
CONSULTANT has..ae~ecuted tins Agre..e~cn2t by an~ ?_rough Its duly authorized undersigned
officer on tlus the ' ]'1 ~-- day of ! Mfg~'/'IL~.-'.~ ,2000
Page 10 ofll
CITY OF DENTON, TEXAS
A Texas Mumclpal Corporation
By~a~ ~
Michael W/Jez, ~/~'r4l'anager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~.,
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
MONTGOMERY WATSON AMERICAS, 1NC
A Cahforma Corporation
By ~~
ATTEST
By ~~(--~..
)RI61NAL
Page 11 ofll
EXHIBIT A
SCOPE OF SERVICES
For
Lake Lewisville Water Production Plant
City of Denton, Water Utility
Instrumentation and Control Project
Phase I - SCADA System
PROJECT DESCRIPTION
The scope of work to be provided by Montgomery Watson Americas, Inc ("Montgomery
Watson") includes all englneenng serwces for the replacement of segments of the existing
SCADA system for the Lake Lewlsvdle Water Production Plant Included are the Lake
Lewlsvflle Raw Water Pumping Station, McKerma Park Pump Station, Lake Lewlsvflle
Treatment Plant High Service Pumps and the High School and Peach Street elevated tanks The
purchase and supply of SCADA eqmpment is also included m this Project Process variables and
analyzer sxgnals located in the Water Treatment Plant Control Room shall also be added to the
new system
Additional Exhibits
1 Exhibit B - ProJect Schedule
2 Exinblt C - Schedule of Fees
3 Exhibit D - Water Production SCADA System, Block Diagram
This scope of work IS dlmded into five pnmary Tasks
Task 1
Task 2
Task 3
Task 4
Task 5
ProJect Management
Engnneenng Services
SCADA System Equipment
System Trmmng
Mmntenance and Warranty Services
TASK 1 - PROJECT MANAGEMENT
Project Management shall include the following major tasks and sub-tasks
Task lA Prolect Management
1 Mobthzatlon of team personnel and conduct lmtlal meeting with Denton utthty staff The
Engineer shall coordinate w~th Denton utthty the lmtlal !ack-off meetmg Tins meeting
ExtubltA Page 1 ofl0
shall Include key members of the ProJect Team and Denton utlhty Agenda ~tems shall
include
· Communication issues
· Project Scope
· Project Schedule
· Meeting formats
· Deliverables
· Data sources
· Data Structures for deliverables
· Data Retneval Coorchnatlon
2 Provide general Project admlmstratlon throughout duration of the project
3 Provide for procurement of all equipment and subcontracting reqmrements
Task lB Project Schedule
1 Develop and mmntmn a Project schedule Identify milestones and transmon points
2 Update schedule on every other month meeting basis
TASK 2 - ENGINEERING SERVICES
Englneenng services are provided throughout the Agreement and include design, sot~vare
development, and construction sermces The tasks are as follows
Task 2A - SCADA System Design Serwces
Montgomery Watson shall prowde termination drawings for existing I/O to be connected
to the system PLC/RTU equipment The termination drawings are to be used by the
City's electrical staff to connect all field devices, power circuits and commumcat~on lines
to the new SCADA equipment Montgomery Watson shall provide on-site assistance
during the installation ofttus equipment
After field terrmnatton is complete Montgomery Watson shall test and start-up the PLC
programs Any programs shall be modified to correct any areas that do not meet the
design cntena
Montgomery Watson shall prowde eabhng and eornrnumcatlon diagrams for connecting
Workstation computers, pnnters, modems, converters and commumcatlon room
eqmpment
Exlublt A Page 2 of 10
Task 2B - H~gh Serwce PLC Program
Montgomery Watson shall design the PLC for the High Service Pump Station to remotely
control the fimsh pumps and discharge valves, momtor existing feed rates, tank levels and
process variables and process statuses
Task 2C - Lake Lewisvflle Raw Water Pump Station PLC Program
Montgomery Watson shall design the PLC for the Raw Water Pump Station to remotely control
the pumps and valves, dosage feed the potassium permanganate and momtor existing process
variables and process statuses
Task 2D - McKenna Park Booster Pump Station PLC/RTU
Montgomery Watson shall design the PLC for the McKelma Park Booster Pump Station to
remotely control the booster pumps and valves, dosage feed the chlonne and monitor existing
process variables and process statuses
Task 2E - Screens, logging, reports, trends
Montgomery Watson shall configure the Workstations, Pnnters and prepare the Water
Production Summary Report and computer screens for the following plant supervisory review
and plant processes for the complete system
Screens
1 Level 1 (three screens) - plant overview
2 Level 2 (four screens) - plant process areas
3 Level 3 - process or site specific
· Raw Water PS (one screen)
· McKenna PS (one screen)
· Chemical Feed (one screen)
· Operatmg Process Data (two screens)
· Elevated Tanks (two screens)
· High Service Pump Station (one screen)
· Flmsh Water (one screen)
· Clearwell (one screen)
· Electric Power (two screens)
TASK 3 - SCADA SYSTEM EQUIPMENT
Task 3A - Control Center Hardware
The City of Denton will be supplying and installing the operator console and computer
equipment for the Control Center These computers shall be Dell Precision Workstation 420's
ExhlbltA Page 3 ofl0
configured in a hot-backup configuration for use as Operator Workstations The C~ty of Denton
shall also supply and Install HP LaserJet Pnnters to be used for recording alarms and report
generation These workstations, pnnters and Ethernet switches will be connected with a UPS
capable of two-hour emergency operation Montgomery Watson shall prowde three UPS'S for
back-up power to keep the plant SCADA system operational One UPS shall provide back-up
power to the SCADA Node Workstation and the Color Report Pnnter Another UPS shall be
used to keep the SCADA Client Node Workstation and the Alarm Pnnter promded w~th back-up
power The third UPS shall prowde power to the Ethernet sw~tch and any other assomated
commumcation eqmpment Both of the Workstations shall have SCADA node capabllmes, one
shall be primary SCADA node, and the other shall be SCADA client and backup SCADA node
The Operator Workstation shall include the RS-485, RS-232, Network interfaces and fiber optic
converter to commumcate w~th the RTU/PLCs, analyzers, monitors and network sw~tch TI'ns
equxpment will be designed to be housed an an Evans Console per Cny specifications
Task 3B - High Service PLC/RTU
A new High Service PLC/RTU with enclosure shall be prowded to ~nterface to the existing I/O
in the pump room and the process vanables and analyzer s~gnals ~n the Control Room The new
PLC/RTU shall be located in the pump room on the Southwest wall opposite the chlonne room
The new PLC/RTU shall be a Control Mlcrosystems SCADAPak Included ~n the enclosure
shall be the leased-line modems for the remote commumcatlons w~th the Lake Lewlsville Raw
Water and McKenna Park Pump Stations A fiber optic converter shall be prowded for
communications to the Operator Workstations The PLC, modems and converter shall be
mounted and prewlred with power supply, UPS, mrcult breaker and fused terminal The exmt~ng
High Serwce RTU enclosure shall be used as a marshaling panel A new subpanel w~th new
terminal blocks shall be provided for connecting new wrong to exmtlng winng
Task 3C - Lake Lewisvllle Raw Water Pump Station PLC/RTU
A new PLC/RTU shall be provided for interfacing existing field I/O at the Lake Lewlsvllle Raw
Water Pump Station The existing enclosure shall be used A lease-hne modem shall be provided
for commumeatlon to the Operator Workstations The PLC and modems shall be mounted and
prewIred to a new subpanel w~th power supply, UPS, circuit breaker and fused terminal
Task 3D - McKenna Park Booster Pump Station PLC/RTU
A new PLC/RTU with enclosure shall be provided for interfacing existing field I/0 at McKenna
Park Booster Pump Station The PLC and modems shall be mounted and prewired to a new
subpanel with power supply, UPS, circuit breaker and fused terminal Tbas enclosure should be
mstalled between the two ex~stang control panels
Task 3E - Spare Parts and PLC Programming Software
One spare module for each type of Control Microsystem component shall be provided Control
Mmrosystems TelePac Ladder Logic programming software shall be prowded
Exhibit A Page 4 of 10
Task 3F - Eqmpment Warranty
All cqmpment provided shall have a one-year warranty fi:om date of start-up Maintenance
replacement of warranted eqmpment ~s described ~n the Mmntcnance and Warranty section
TASK 4 - SYSTEM TRAINING
Montgomery Watson shall prepare a training class for operators and maintenance personnel for
the use of the new SCADA system Included m the course w~ll be training materials and spemfic
software handbooks
Task 4A - Training
Montgomery Watson shall prowde operations and mmntenance tralmng on the new
SCA.DA system The operatmns tra~mng shall consmt of an operator's orientation class
that shall explain the features of the system The class shall be four hours long for up to
eight students
The maintenance training shall consist of a class on PLC programmmg and HMI software
configuration The PLC program class shall review the specific PLC programs developed
for th~s ProJect The HMI configuration class shall review the specific database and
screens developed for this Project Ttus class shall be e~ght hours for up to SlX students
Task 4B - Manuals
Montgomery Watson shall provide Operation and Mmntenance manuals for the new
SCADA system Slx sets of manuals shall be furmshed The operations manual shall
explain the features of the system This manual shall include pnnted cop~es and written
descriptions of the specffic screens developed for th~s Project
2
The maintenance manual shall include sections on both hardware and software The
hardware section shall include a copy of the PLC manufacturer's mmntenance manual
and a copy of all drawings furmshed with the Project The software sectmn shall include
annotated copaes of the PLC programs and complete descriptions of the HMI software
configuration
TASK 5 - MAINTENANCE AND WARRANTY SERVICES
Montgomery Watson shall provide on-s~te warranty service for one year after final acceptance
The on-s~te service shall mclude up to twelve days, three days per quarter The twelve days may
include re~qmred and requested programming changes or warranty replacement If the twelve
days are not used for warranty ~tems, the City may request the remmmng days be used for
additional trmmng or for system enhancements
Exhibit A Page 5 of 10
Phase II - Backwash Filter Automation
PROJECT DESCRIPTION
The Project consists of providing equipment and services to automate the sixteen (16) filters at
the City of Denton's Lake Lewlsvflle Water Treatment Plant ("WTP") The new equipment shall
provide automatic backwash sequencing of the filters, influent channel level control, filter rate of
flow control, filter head loss momtorlng, filter turbidity monltonng, individual filter level and
backwash rate of flow control
One new PLC per filter console (eight total) and a master auto/manual switch shall be installed
for each filter (sixteen total) The auto/manual switch shall allow the existing hand control
switches or the new PLC to control the filter valves Each filter PLC shall include an automatm
backwash sequence The backwash flow signal and pump control shall be connected only to
PLC 1 This PLC shall transmit the flow signal to the other PLCs and receive backwash pump
run commands from the individual PLC sequences The existing backwash flow indicators on
the filter consoles shall remmn in service
The two existing lnfluent channel level transmitters shall be wired to the PLCs for console one
and console eight These two PLCs shall perfoim a level control algonthm and shall digitally
transmit a filter rate of flow setpomt to the PLCs for filters one through eight and rune through
sixteen respectively The individual filter PLCs shall control the effluent rate of flow The
existing level and flow mdmatlng controllers shall remain but will be utlhzed for indicating only
The new PLCs and the ex~stIng Hath turbi(hty analyzers shall be connected to a computer for
filter momtonng and control The City of Denton shall provide the existing Intellutlon HMI
development, nm time software license and the computer for the system The software shall be
configured to commumcate with turbidity analyzers and the PLCs and graphic screens developed
to show a filter overview and detail screens for each filter
This scope of work is divided into five primary Tasks
Task 1
Task 2
Task 3
Task 4
Task 5
Prolect Management
Engmeenng Services
Backwash Filter Equipment
System Trammg
Mmntenance and Warranty Services
TASK 1 - PROJECT MANAGEMENT
Project Management shall Include the following major tasks and sub-tasks
Task iA Prolect Management
Exhibit A Page 6 of 10
Moblhzatlon of team personnel and conduct ~mtlal meeting with Denton utlhty staff The
Engineer shall coordinate the lmtlal kick-off meeting wath Denton MUmclpal Utlllt~es
("DMU") Ttus meeting shall include key members of the Project Team and DMU
Agenda items shall include
· Communication issues
· Project Scope
· Project Schedule
· Meeting formats
· Deliverables
* Data sources
· Data Structures for deliverables
· Data Retrieval Coordination
2 Provide general project admlmstrat~on throughout duration of the Project
Task lB Project Schedule
1 Develop and mmntaln a ProJect schedule Identify milestones and translt~on points
2 Update schedule on every other month meeting bas~s
TASK 2 - ENGINEERING SERVICES
Engmeenng services are provided throughout the Agreement, and ~nclude design, soft>vare
development and construction services The tasks are as follows
Task 2A - Design Services
Montgomery Watson shall provide englneenng services to furnish design drawings for
the filter automation project All drawings shall be furnished in an electromc format with
six C-size final hard copies The following drawings shall be futmshed
· Filter P&IDs
Filter control wrong schematics
· Commumeatlons wrong diagram
· Filter console equipment mounting details
Task 2B. - Software Programming and Configuration Services
Montgomery Watson shall provide PLC programming and HMI software configurataon
services for a complete and operable filter automatmn system All programming and
configuration shall be fully documented
Exhibit A Page 7 of 10
2 The PLC programs shall include the following
A Filter lnfluent channel level control (PLC one and sixteen only)
B Filter flow setpmnt commumcatlons
C Filter rate of flow control
D Filter head loss momtonng
E Filter backwash sequencing
F Fflterbackwash rate of flow control
G Backwash pump start/stop control (PLC one only)
H Backwash pump required/mn communications
I Backwash flow momtonng (PLC one only)
J Backwash flow rate conunumcatlons
K Filter Level Indication
3 The HMI software configuration shall include the following
A
B
C
D
E
F
Commumcatlons interface to the filter PLCs
Commumcatlons interface to the existing Hach filter turbidity analyzers
Signal database development
Level 1 (one screen modification)
Level 2 (one screen) - filter overview
Level 3 - detml screens
Filter process screen (sixteen screens)
Filter configuration screen (one screen)
· Filter setpomt screen (one screen)
· Backwash Remm Process (one screen)
· Backwash Pump Process (one screen)
· Filter trend screen (one screen)
4 Montgomery Watson will provide system programming for two repomng functions
A TNRCC monthly reports
B Mmntenance reports
Task 2C - Testing and Start-up Services
Montgomery Watson shall promde testing and start-up services to put the filter
automation system in operation The tests shall include the I/O signal tests (from field
devices through the HMI), PLC programs, data commumcatlons and HMI screens A
record of all tests performed shall be funushed to the City Montgomery Watson shall
note discrepancies of existing equipment for correction by the City of Denton
2
Aflcer the testing for each filter has been completed, the filter shall be put into automatic
operatnon Switch over Start-up of each individual filter shall be completed before work
on the next filter is begun
Exhibit A Page 8 of 10
Task 2D - Work by City of Denton
City of Denton electrical staff shall perform all installation work on-site This shall
Include fumlstung condmt, wire, terminations, and miscellaneous materials necessary for
the complete installation of the filter automation system
City of Denton staff will be reqmred to dismantle the exmtlng control system and prepare
the panels for all equipment lnstallat~on
The City of Denton shall supply and install all level transmitters and mounting brackets
and assocmted hardware for proper installation
Montgomery Watson shall only prowde installation guidance and answers to installation
questaons on an as-needed barns
TASK 3 - BACKWASH FILTER EQUIPMENT
Montgomery Watson shall provide for procurement of all equipment and subcontractmg
reqmrements Thru eqmpment shall be dehvered to the ProJect site
Task 3A - System Equipment
Montgomery Watson shall funush the following eqmpment to the City of Denton for
Installation at the Lake Lewmvfile Water Treatment Plant by City of Denton personnel for
ttus ProJect
· 8
· 8
· 10
· 8
· 8
· 16
· 2
Control Mmrosystems P 1-200-01-0-1 - PLC
Control Microsystems 5403 - DI module - 8pt
Control Mmrosystems 5407 - DO modules - 8 pt
Control Mmrosystems 5103 - power supply
Control Microsystems ACX-24 - 120V/24V transformer
Auto/Manual hand sw~tches
Black Box FO/RS - 485 - converters
Task 3B - Spare Parts
1 Montgomery Watson shall furmsh the following spare parts
· 1
· 1
· 1
Control M~cmsystems P 1-200-01-0-1 - PLC
Control Microsystems 5403 - DI module - 8pt
Control Microsystems 5407 - DO modules - 8 pt
Exhibit A Page 9 of 10
TASK 4 - SYSTEM TRAINING
Montgomery Watson will provide training and manuals for the backwash filter system
Task 4A - Training
Montgomery Watson shall provide operations and maintenance tralmng on the new filter
automation system The operations training shall consist of an operator's orientation
class that shall explain the features of the system and how the filters are controlled
through the computer The class shall be four hours long for up to eight students
2
The mmntenance training shall consist of a class on PLC programmmg and HMI software
configuration The PLC program class shall review the specific PLC programs developed
for this Project The HMI configuration class shall review the specific database and
screens developed for this project Tbas class shall be eight hours for up to six students
3
The PLC program and I-IMI configuration class assumes that the students are versed in
the basics of the PLC programming and configuration software Basic training for these
sofnvare packages is available from the manufacturers
Task 4B - Manuals
Montgomery Watson shall provide Operation and Maintenance manuals for the new filter
automation system Six sets of manuals shall be furnished The operations manual shall
explain the features of the control system and how the system is controlled through the
computer Ttus manual shall include pnnted copies and written descriptions of the
specific screens developed for tbas Project
The maintenance manual shall include sections on both hardware and software The
hardware section shall include a copy of the PLC manufacturer's maintenance manual
and a copy of all drawings furmshed with the ProJect The software section shall include
annotated copses of the PLC programs and complete descriptions of the I-IMI software
configuration
TASK 5 - MAINTENANCE AND WARRANTY SERVICES
Montgomery Watson shall provide on-site warranty service for one year after final acceptance
The on-site service shall include up to six days service The six days may mclude required and
requested programming changes or warranty replacement If the SlX days are not used for
warranty items, the City may request that the remalmng days be used for additional training or
system enhancements
S \Our Documents\Contcacts\00~vlontgomery Watson Americas lnc PSA Exhtb~t A doc
ExhlbltA Page 10 ofl0
City of Denton
Water Utilities New SCADA System Project Schedule
EXHIBIT B
~ 2i00 I 2001
SCADA Phaae I Activity NOV DEC JAN FEB MAR APR MAY
0000' NOTICE TO PROCEED
0100 - DESIGN
0110 KICK OFF MEETING ~1 I I I I I I
0120 600/0 DESIGN DOC PREPARATION~
0130 60% SUBMITTAL I I I
0140 CITY REVIEW I I I Il I I
0150 60% REVIEW MEETING I I II ~1 II
0160 FINALPLANS I I II
0170 FINAL SUBMITTAL
0200 . EQUIPMENT DELIVERY
0210 P O FOR EQUIPMENT
0220 DELIVER EQUIPMENT
0310 VERIFY EXISTING
0320 INSTALLCONDU'TANDWIRE I I I i , , i ===
0330 INSTALL NEW EQUIPMENT
0400 - PROGRAMMING .....
0410 RTUPROGRAMMING , , , ~l~IIl~ ,
0420 SOADA PROGRAMMING
0430 CITY REVIEWGRAHICS I II I I I
0440 STARTUP I I I I I I I I
0450 FINAL DOCUMENTATION
0510 MAINTENANCE TRAINING I IIII
0530 FINAL REVIEW FOR TRAINING
062q SUBMIT RECORD DRAWINGS
Filter Automation Phase II Autlvlt~/ O E JA -E
1000 NOTICETO PROCEED
1100 -DESIGN
1110 KI~K OFF MEETING ~'lllllll
1120 00'~, DESIGN DOC PREPARATION ] I I~a~l I II
113090%SUBMITTAL It I1~1 II
1140 ClTYREVIBW I I I II il I
1150 90% REVIEW MBETING I I
1160 FINAL PLANS II
1200-EQUIPMENTDELIVERY J4 J
1210 PO FOR EQUIPMENT I I I II I
1300 - INSTALLATION
1310 VERIFY EXISTING [] J iii
132(~ INSTALL NEW EQUIPMENT J
1420 SCADA PROGRAMMING ....
1430 CITY REVIEW GRAHICS II l Ill II
1450 FINAL DOCUMENTATION
1500 O&MTRAINING
1510 OPERATION TRAINING
III
1510 MAINTENANCE TRAINlNG J J J I
1600 - RECORD DRAWINGS '=I I
1610 PREPARE RECORD DRAWINGS I I I -
162~) SUBMIT RECORD DRAWINGS IIIIIIII
THIS SCHEDULE ASSUMES NOTICE TO PROCEED BY November 1 2000
EXHIBIT C
Schedule of Fees
The Basic Englneenng Services Fee shall provide compensation for all tasks ldentffied ~n Exlub~t
A, as required for the completion of tins ProJect Fees for Phase I are to be separated into two
categories Basic Engmeenng Fee, and Equipment The fees for Phase II are to be separated ~nto
three categories Basic Englneenng Services Fee, Eqmpment, and Reports
1 The Basic Engineering Sermce for Phase I will ~nclude all engmeenng servmes ~n Exhibit
A The bas~s for compensation shall be lump-sum payments The total maximum Basra
Englneenng Services Fee shall be One Hundred Twelve Thousand Seven Hundred S~xty S~x
Dollars ($112,766 00)
2 The basis for compensation for Phase I Equipment lS for equipment to be supplied to the
C~ty of Denton for their lnstalla'aon on the Project The total cost for the eqmpment is to be
Fffiy-Seven Thousand Fifty Dollars ($57,050 00)
3 The Basic Engnneenng Service for Phase II wall ~nclude all englneenng servmes in
Exhibit A The basis for compensation shall be lump-sum payments The total maximum Basic
Englneenng Services Fee shall be One Hundred Eight Thousand Three Hundred Twenty-Nine
Dollars ($108,329 00)
4 The basis for compensation for Phase ri Eqmpment is for equipment to be supplied to the
City of Denton for their installation on the ProJect The total cost for the eqmpment is to be
Twenty-Eight Thousand Three Hundred Seventy Dollars ($28,370 00)
5 The basis for compensation for Phase II Reports ~s for the development of report formats
on the SCADA system for the lump sum price of Eight Thousand Seven Hundred Twelve
Dollars ($8,712 00)
Extnblt C Page 1 of 2
6 The Total Engmeenng Fee shall be the sum of the Bas~c Engmeenng Services Fee,
Eqmpment, and Reports for both Phases of the ProJect The Total Engmeenng Fee for fins
Agreement shall not exceed Three Hundred F~fteen Thousand Two Hundred Twenty-Seven
Dollars ($315,227 00) unless agreed to by both pames for adfinmnal engmeenng servmes or
eqmpment to be prowded
Fee Table'
Phase I - SCADA System
Basra Englneenng Services
Eqmpment
Subtotal
Lump-Sum 1 $112,766
Lump-Sum 1 $ 57,050
$169,816
Phase II - Backwash Filter Automation
Basra Engmeenng Services Lump-Sum 1
Equipment Lump-Sum 1
Reports Lump-Sum 1
Subtotal
$108,329
$ 28,370
$ 8,712
$145,411
ProJect Total
$315,227
S \Our Dcuments\Contracts\00',Montgomery Watson Americas Inc PSA-Exh~blt C doc
Exhibit C Page 2 of 2