HomeMy WebLinkAboutResolution No. 04-82
RESOLUTION NO. 04-&2.-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND KIMLEY-HORN & ASSOCIATES FOR
THE FINAL DESIGN OF WATER SYSTEM IMPROVEMENTS AT
WYNNWOOD PENINSULA, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: THE FINAL DESIGN OF WATER SYSTEM
IMPROVEMENTS AT WYNNWOOD PENINSULA; and
WHEREAS, the City has determined that it is in the best interest ofthe City to enter into
the Contract with KIMLEY-HORN & ASSOCIATES, which is attached hereto and incorporated
herein by reference as Exhibit "A," under the terms and conditions provided therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay a sum not to
exceed $456,750.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Engineering Services Contract, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of
the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 4th day of October, 2004.
~ ' J hn Dillard, Mayor
ity of The Colony, Texas
. ¿~
hiistie Wilson, City Secretary
[CITY SEAL]
63918
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THE CITY OF THE COLONY
INDIVIDUAL PROJECT ORDER NUMBER 1013
WITH
KIMLEY-HORN AND ASSOCIATES, INC.
PREAMBLE
Describing a specific agreement between KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter,
"the Consultant"), and The City of The Colony, Texas (hereinafter "the Client") in accordance with the
terms of the Master Agreement for Continuing Professional Services dated September 9, 2002, which is
incorporated herein by reference.
SECTION 1
Identification of Project: Professional Engineering Services For Water System Improvements for
Wynnwood Peninsula in The Colony, Texas.
SECTION 2
General Category of Services: Final Design, Bidding and Construction Contract Administration phase
services associated with the following:
· Approximately 12,000 LF of 24-inch water line
· 1.0 million gallon ground storage tank
· 5,000 gallon per minute (gpm) pump station
SECTION 3
Specific Scope of Basic Services: The Consultant. will perform the following basic scope of services
under this lPO.
24-Inch Water Line
A. Task 1 - Final Design (Lump Sum)
Once the Preliminary Design has been approved by the Client and upon Client providing a Notice to
Proceed, the Consultant will proceed with the Final Design in accordance with the Preliminary
Design concepts. Professional services under this task include:
1. Prepare engineering plans, specifications, and construction contract documents in accordance
with the approved route and for project bidding and regulatory approval. Plans will consist of
22"x 34" plan and profile sheets. The Consultant anticipates preparing approximately 35-40
plan sheets. This sheet count includes the wastewater forcemain. The Consultant will provide
the following information on the plan sheets:
. Civil sheets
- Construction Notes
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- Plan view
- Profiles
- Proposed wastewater forcemain alignment. Plans provided to the Consultant by Freese
and Nichols, Inc.
- Traffic control plan
- Storm Water Pollution Prevention Plan
- Details
2. Specifications will include technical specifications for materials and installation of the proposed
facilities. The Contract Documents will be based upon the Client's Standard Contract documents.
The Client's requirements for Public Works Construction and the most current version of the
North Central Texas Council of Government (NCTCOG) Standard Specifications for Public
Works Construction will govern all other specifications.
3. Prepare traffic control plans for work near FM 423 and Boyd Road in accordance with Texas
Department of Transportation (TxDOT) and Client standards.
4. Prepare a Storm Water Pollution Prevention Plan in accordance with NCTCOG guidelines.
5. Design horizontal and vertical restraint systems for the water line.
6. Establish three (3) permanent survey monuments at the following locations: Wastewater
treatment plant, Wynnwood pump station and Wynnwood lift station. The monuments will have
a 3-inch aluminum cap indicating the three dimensional values of the GPS point.
7. Submit to the Client 95% complete plans, specifications, Contract Documents, and Opinion of
Probable Construction Cost (OPCC) for review and comments.
8. Make revisions based on the Client's review of the 95% submittal.
9. Submit final plans to the following regulatory agencies for review:
- TxDOT
- Corps of Engineers
- Texas Commission on Environmental Quality (TCEQ)
10. Submit final plans to the franchise utility companies that have utilities within 50 ft. of the
proposed alignment.
Meetings:
a. Meet with Client one time to present 95% complete plans, specifications, Contract Documents
and an OPCC for this phase of the project.
b. Meet with Client one time to present Final Plans and Specifications, Contract Documents and an
OPCC for this phase of the project.
c. Prepare for and attend one (1) City Council meeting.
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Deliverables:
a. Five (5) copies of 95% complete plans, specifications, Contract Documents and an OPCC for
review and comments.
b. Six (6) copies of final plans for regulatory approval and franchise utilities.
c. Five (5) copies of final plans, Contract Documents and OPCC.
d. One (1) compact disc containing the electronic files of the plans in .PDF format.
ServicesIDeliverables provided by Client:
a. Review and comment on the 95% submittal.
b. Copy of Client's Standard Construction Details for Water System components.
c. Copy of Client's Standard Contract Documents.
B. Task 2 - Bidding (Lump Sum)
The Consultant will perform the following professional services for this project phase:
1. Print and issue a maximum of 30 sets of plans and specifications for distribution to contractors
and plan houses. A non-refundable deposit will be required of prospective bidders upon
receiving plans and specifications. Additional sets of bidding documents shall be printed, only
upon the Client's authorization, as Additional Services.
2. Provide plans and specifications in .PDF format to the RFP Depot website for online bidding.
3. Prepare the Notice to Bidders. The Client will be responsible for submitting the Notice to
newspapers for advertisement. Advertising will be billed directly to the Client by the newspaper.
4. Issue addenda as required.
5. Answer contractor questions.
6. Prepare for and conduct a Pre-bid conference.
7. Attend bid opening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the
Client for award of contract.
8. Prepare six (6) sets of the Contract Documents for execution by the contractor, receive and
review such documents for completeness, and forward to the Client for review and execution.
C. Task 3 - Construction Contract Administration (Reimbursable)
The Consultant will perform the tasks identified in the Construction Contract Administration section
of the Scope of Services for this phase of the project.
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1 Million Gallon Ground Stora2e Tank (GST) and Pump Station (PS)
A. Task 1-Final Design Services (Lump Sum)
The Consultant will perform the following professional services for this project phase, once the
preliminary design has been approved and a site acquired by the Client:
1. Design yard piping from GST to within 10 feet of ASR well discharge piping. The ASR well
discharge piping will be designed by Chiang, Patel & Yerby, Inc.
2. Prepare a site grading plan that will accommodate up to one (1) million gallons per day (MGD)
(1.55 cfs) of filter to waste water from the ASR water well. Any off-site permitting requirements
or regulatory approval shall be obtained by the Client.
3. Prepare a sanitary control easement per TCEQ requirements for the ASR water well as shown on
the approved preliminary site plan for the Client.
4. Design a sanitary sewer line to serve the proposed pump station and future EST. The sanitary
sewer line will extend to the property line of the site.
5. Design of a pressure sustaining system that functions with the GST and pump station.
6. Design of a structure to house disinfection equipment, chemicals and controls.
7. Perform boundary survey and prepare platting documents for the pump station site.
8. Prepare engineering plan sheets, specifications and construction Contract Documents for project
bidding and regulatory approval. Plans will consist of 22" x 34" plan sheets. The Consultant
anticipates preparing approximately 30-35 plan sheets. This sheet count does not include the
ASR water well plans prepared by Chiang, Patel & Yerby, Inc. The Consultant will provide the
following information on the plan sheets:
. Civil sheets
- Site plans
- Dimensional Control
- Profiles
- Yard Piping
- Cross-sections
- Grading
- Paving
- Landscaping
- Details
- Construction Notes
- Stormwater Pollution Prevention PlanÆrosion Control
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. Architectural sheets
- Floor plans
- Roof plans
- Elevations
- Details
. Electrical sheets
- Site plan
- Floor plan
- Sections
- Control and Instrumentation
- Details
. Plumbing sheets
- Onsite sanitary sewer
9. The Contract Documents shall be based upon the Client's Standard Contract Documents. The
NCTCOG Standard Specifications for Public Works Construction and the Client's requirements
for Public Works Construction will govern all other specifications.
10. Perform electrical engineering services for the proposed ground storage tank and pump station.
The electrical design will include the following:
a. General electrical design for the pump station building. No electrical design will be
performed for the ASR well including determination of transformer size and location.
b. Motorized control valves.
c. Instrumentation and control schemes for 5,000 gpm pump station.
d. Design and specification of SCADA equipment and interface with existing SCADA system.
e. Site lighting.
11. Submit to the Client 95% plans, specifications, Contract Documents, and OPCC for review and
comments.
12. Make revisions based on the Client's review of the 95% submittal.
13. Submit final plans to the following regulatory agencies for review:
a. TCEQ
b. Texas Department of Licensing and Registration - for ADA requirements (if required). The
Consultant will pay the review fee required for plan submittal one time.
14. Submit to the Client final bidding documents for the project.
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Meetings:
a. Meet with Client one time to present 95% complete plans, specifications, Contract Documents
and an OPCC for this phase of the project.
b. Meet with Client one time to present Final Plans and Specifications, Contract Documents and an
OPCC for this phase of the project.
c. Prepare for and attend one (1) City Council meeting.
Deliverables:
a. Two (2) original sets of platting document.
b. Five (5) copies of 95% complete plans, specifications, Contract Documents and an OPCC for
review and comments.
c. Two (2) copies of final plans for regulatory approval.
d. Five (5) copies of final plans, Contract Documents and OPCc.
e. One (1) compact disc containing the electronic files of the plans in .PDF format.
ServicesIDeliverables provided by the Client:
a. File final plat of pump station site with Denton County.
b. Review and comment on the 95% submittal.
c. Provide ASR water well design information such as pump information and piping configuration,
d. Copy of Client's Standard Construction Details for Water System components.
e. Copy of Client's Standard Contract Documents.
B. Task 2 - Bidding (Lump Sum)
The Consultant will perform the following professional services for this project phase:
1. Print and issue a maximum of 30 sets of plans and specifications for distribution to contractors
and plan houses. A non-refundable deposit will be required of prospective bidders upon
receiving plans and specifications. Additional sets of bidding documents shall be printed, only
upon the Client's authorization, as Additional Services.
2. Provide plans and specifications in .PDF format to the RFP Depot website for online bidding.
3. Prepare the Notice to Bidders. The Client will be responsible for submitting the Notice to
newspapers for advertisement. Advertising will be billed directly to the Client by the newspaper.
4. Issue addenda as required.
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5. Answer contractor questions.
6. Prepare for and conduct a Pre-bid conference.
7. Attend bid opening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the
Client for award of contract.
8. Prepare six (6) sets of the Contract Documents for execution by the contractor, receive and
review such documents for completeness, and forward to the Client for review and execution.
C. Task 3 - Construction Contract Administration (Reimbursable)
The Consultant will perform the tasks identified in the Construction Contract Administration section
of the Scope of Services for this phase of the project. Additional tasks that will be performed that are
specific to this phase of the project are:
1. Visit the site on a weekly basis during the course of the project. The estimated construction
period of the ground storage tank and pump stations is eleven (11) months.
2. Visit the site during critical phases of the project such as: foundation preparation of tank and
pump station building, pump installation and start up, control and instrumentation installation.
Construction Contract Administration
The Consultant will provide professional construction phase services for the 24-inch water line, ground
storage tank and pump station to the Client during this phase of the project. These services are as follows:
1. Pre-Construction Conference.
Conduct a Pre-Construction Conference prior to commencement of Work for each of the following:
a. 24-inch water line
b. Ground storage tank and pump station
Provide eight (8) sets of Contract Documents for use by Client and contractor during the construction
phase for the two (2) projects listed above.
2. Visits to Site and Observation of Construction.
Provide 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.
Make visits to the Site at intervals as directed by Client 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 Client informed of the general progress of the Work.
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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 Client,
and, in addition, by the exercise of Consultant's efforts, to provide Client 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
Contract Documents has been implemented and preserved by Contractor. Consultant will 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 will 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.
3. Recommendations with Respect to Defective Work.
Recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on
the basis of such observations, Consultant believes that such work will not produce a completed
Project that conforms generally to Contract Documents or that it will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents.
4. Clarifications and Interpretations.
Issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate
to the orderly completion of Contractor's work. Such clarifications and interpretations will be
consistent with the intent of the Contract Documents. Field Orders authorizing variations from the
requirements of the Contract Documents will be made by Client.
5. Change Orders.
Recommend Change Orders to Client, as appropriate. Review and make recommendations related to
Change Orders submitted or proposed by the Contractor.
6. 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.
7. Substitutes and" or-equal."
Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment
proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of
applicable standards of state or local government entities.
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8. Inspections and Tests.
Require such special inspections or tests of Contractor's work, as Consultant deems appropriate, and
recei ve and review certificates of inspections within Consultant's area of responsibility or of tests and
approvals required by laws and regulations or the Contract Documents. Consultant's review of such
certificates will be for the purpose of determining that the results certified indicate compliance with
the Contract Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests, or approvals comply with the requirements of the Contract
Documents. Consultant will be entitled to rely on the results of such tests and the facts being
certified.
9. Disagreements between Client and Contractor.
As necessary, render written decision on all claims of Client and Contractor relating to the
acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents
pertaining to the progress of Contractor's work. In rendering such decisions, Consultant will be fair
and not show partiality to Client or Contractor and will not be liable in connection with any decision
rendered in good faith in such capacity.
10. 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 unit 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.
By recommending any payment, Consultant will not thereby be deemed to have represented that
observations made by Consultant to check Contractor's work as it is performed and furnished have
been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to Consultant in this
Agreement. Neither Consultant's review of Contractor's work for the purposes of recommending
payments nor Consultant's recommendation of any payment including final payment will impose on
Consultant responsibility to supervise, direct, or control Contractor's work in progress or for the
means, methods, techniques, equipment choice and usage, sequences, or procedures of construction of
safety precautions or programs incident thereto, nor Contractor's compliance with Laws and
Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose
responsibility on Consultant to make any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to
any portion of the work in progress, materials, or equipment has passed to Client free and clear of any
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liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue
between Client and Contractor that might affect the amount that should be paid.
II. Substantial Completion.
PromptÌy after notice from Contractor that Contractor considers the entire Work ready for its intended
use, in company with Client and Contractor, conduct a site visit to determine if the Work is
substantially complete. Work will be considered substantially complete following satisfactory
completion of all items with the exception of those identified on a final punch list. If after
considering any objections of Client, Consultant considers the Work substantially complete;
Consultant will notify Client and Contractor.
12. Final Notice of Acceptability of the Work.
Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance
with the Contract Documents and the final punch list so that Consultant may recommend, in writing,
final payment to Contractor. Accompanying the recommendation for final payment, Consultant will
also provide a notice that the Work is generally in accordance with the Contract Documents to the
best of Consultant's knowledge, information, and belief and based on the extent of the services
provided by Consultant under this Agreement and based upon information provided to Consultant
upon which it is entitled to rely.
13. Limitation of Responsibilities.
Consultant will not be responsible for the acts or omissions of any Contractor, or of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work.
Consultant will not have the authority or responsibility to stop the work of any Contractor.
SECTION 4
Additional Services
Additional services to be performed if authorized by the Client, but which are not included in the above-
described Scope of Services, are as follows:
A. Additional sets of bidding documents.
B. Sanitary sewer design beyond the limits of the pump station site.
C. Design of pig launching facilities for the 24-inch water line.
D. Design of a ground storage tank larger than 1 million gallons.
E. Design of a pump station larger than 5,000 gpm.
H. Horizontal or vertical changes to the 24-inch line alignment that requires additional survey and design
serVIces.
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1. Professional services associated with the ASR water well and modifications to the Consultant's
designed facilities as a result of modifications to the ASR water well.
J. Design of a structure to house ASR well.
K. Electrical and control and instrumentation design for the ASR well. .
L. Bidding and/or construction contract administration duties associated with the ASR well.
M. Accompanying the Client when meeting with the TCEQ, U.S. Environmental Protection Agency,
Corps of Engineers or other regulatory agencies during the course of the Project, beyond those
meetings identified above. The Consultant will assist the Client on an as-needed basis in preparing
compliance schedules, progress reports, and providing general technical support for the Client's
compliance efforts.
N. Assisting Client or Contractor in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this Agreement. Such services, if any, will be furnished
by Consultant on a fee basis negotiated by the respective parties outside of and in addition to this
Agreement.
O. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced
herein above.
P. Preparing applications and supporting documents for government grants, loans, or planning advances,
and providing data for detailed applications.
Q. 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 Client.
R. Providing professional services associated with the discovery of any hazardous waste or materials in
the project site.
S. Any additional changes to the Contract Documents necessary to break the project into phases or
bidding portions of the project at a later date.
T. Making significant modifications to the plans and specifications after the 95% submittals have been
approved by the Client.
U. Providing project representative services, on-site inspection, during the construction phase of the
project.
V. Additional meetings beyond those identified in the Scope of Services.
W. Preparation for and attendance to public meetings to discuss the project.
X. Review shop drawings and construction contract administration services associated with the proposed
wastewater forcemain to be designed by Freese and Nichols, Inc.
Y. Any services not listed in the Scope of Services.
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SECTION 5
Special Terms of Compensation:
Consultant will perform the tasks described in the Final Design Services and Bidding Phase of the Scope
of Services for the lump sum fees shown in the table below. The lump sum fee includes labor costs and
direct expenses identified in this Contract, as well as items such as in-house duplicating, blueprinting,
facsimile, local mileage, telephone, postage, and computer expense.
Consultant will perform the tasks described in the Construction Contract Administration Scope of
Services and Additional Services on a reimbursable basis at the hourly rates in effect at the time of the
service plus 6% to cover certain direct expenses for the project which would include in-house duplicating,
facsimile, postage, local mileage, telephone, and word processing. Other direct expenses will be invoiced
at cost plus 15%. Technical use of computers for design, analysis, and graphics, etc., will be billed at
$25.00 per hour. Consultant will not perform any Additional Services without prior written approval.
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Consultant recommends that the Client budget the following for these services:
24- Inch Water Line
Task 1 - Final Design $ 85,000 (Lump Sum)
Task 2 - Bidding $ 10,000 (Lump Sum)
Construction Phase Services $ 50,000 (Reimbursable )
Subtotal $145,000 (Estimated)
Ground Stora2e Tank and Pump Station
Task 1 - Final Design $190,000 (Lump Sum)
Task 2 - Bidding $ 10,000 (Lump Sum)
Construction Phase Services $ 90,000 (Reimbursable )
Subtotal $290,000 (Estimated)
Total Estimated Fees $435,000 (Estimated)
ACCEPTED:
CLIENT: THE CITY OF THE COLONY, TEXAS KIMLEY-HORN AND ASSOCIATES, INC.
A MUNIClP ALITY
BY: <V% rJAL BY eLL ýn. ¿~
Charles M. Staples, P.E.
TITLE: l\+1 M 4~Cll ~ ( TITLE: Senior Vice President
DATE: VI v\I øv 0 t-f DATE: /o!5/o'i
WITNESf!Âlut ~ l0~l,-r) . WITNESS: ~
TITLl. ~~~} J f J es, P.E.
! f
,L--'L../u T7~j L ,- TITLE: Vice President
J ð
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