HomeMy WebLinkAboutRes 2025-05-1781 Project Specific Agreement with Kimley-Horn for Hurricane Creek WW Treatment PlantCITY OF ANNA, TEXAS
RESOLUTION NO. ZoZ5 -05 - )78 1
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROJECT SPECIFIC AGREEMENT WITH KIMLEY-
HORN, INCORPORATED FOR THE ENGINEERING AND CONSTRUCTION PHASE
SERVICES REQUIRED FOR THE 4-MILLION GALLON PER DAY PHASE AT THE
HURRICANE CREEK REGIONAL WASTEWATER TREATMENT PLANT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Hurricane Creek Regional Wastewater Treatment project is identified
as a Community Investment Program construction project in the City of Anna; and,
WHEREAS, the City selected Kimley-Horn, Incorporated as the design engineer for the
Hurricane Creek Regional Wastewater Treatment Plant project; and,
WHEREAS, the City is seeking to move forward with the next phase of design to
expand the treatment plant's capacity to 4 million gallons per day; and,
WHEREAS, the proposed project specific agreement includes a scope of services
which will take place over the next three to five years; and,
WHEREAS, funding for the proposed project specific agreement, is included in the
adopted Fiscal Year 2024-25 Budget, and shall be included in future fiscal year budgets
in accordance with the City of Anna Capital Improvement Plan, to fund the completion of
the project to achieve the 4 million gallons per day intended capacity; and,
WHEREAS, Kimley-Horn, Incorporated will perform engineering and construction phase
services required to complete the full 4-million gallon per day phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to execute
a project specific agreement to Kimley-Horn, Incorporated for the engineering and
construction phase services identified in Exhibit A.
That funding for the tasks identified in the project specific agreement shall come from
Utility Bond Funds, the Utility Infrastructure Investment Fund, and Wastewater Impact
Fees.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this v't�
day of May 2025.
ATTEST:
City Secretary, Carrie Land
APPROVED:
Mayor, Pete Cain
Exhibit A
INDIVIDUAL PROJECT ORDER NUMBER 064512928
Describing a specific agreement between Kimley-Horn and Associates, Inc. (the Consultant), and the City
of Anna, Texas (the Client or City) in accordance with the terms of the Master Agreement for Continuing
Professional Services dated July 271h, 2021, which is incorporated herein by reference.
Identification of Project:
Project Name: Hurricane Creek Regional Water Reclamation Facility 4 MGD Expansion
Project Number: 064512928
Project Understanding
Kimley-Horn originally completed preliminary design on 4 million gallons per day (MGD) facility in May 2023.
During design the City requested a modification to the project to break the project into phases of 0.5 MGD
temporary treatment, a 2.0 MGD expansion and an expansion to 4.0 MGD. Kimley-Horn completed design
on the 2 MGD facility. The City of Anna has requested Kimley-Horn to design an expansion to the Hurricane
Creek Regional Water Reclamation Facility from 2.0 MGD to 4.0 MGD (excluding the 0.5 MGD temporary
treatment plant). Kimley-Horn will utilize the original design to develop an expansion of this facility using
the pre -selected equipment previously selected by the City of Anna staff. The expansion design will include:
- 2 MGD MBR basin,
- Lift Station equipment upgrades
- Administration building
- UV equipment upgrades
- Aerobic digesters
- Site improvements
Kimley-Horn will assist the City of Anna in obtaining a minor amendment to their current discharge permits.
Kimley-Horn will work alongside the CM@R, Gamey Construction, for the identified design meetings and
construction progress meetings.
Specific scope of basic Services:
Task 1 — Preliminary Design
The Consultant will perform the following professional services:
1. Rough Order of Magnitude (ROM) Cost Estimate
a. The Consultant will coordinate with the CM@R to answer questions in support of the
CM@R developing the rough order of magnitude cost for the 4 MGD MBR Expansion.
b. Provide review of CM@R's deliverable.
c. Coordinate with CM@R to obtain input on constructability and value engineering items to
consider for the next project phase submittal.
d. Develop preliminary design layouts based on value engineering items provided by the
CM@R.
e. Meetings:
i. Prepare for one and attend (1) ROM cost estimate meeting organized by the
CM@R.
f. Deliverables:
i. None
g. Services/Deliverables provided by the City:
rev 1/2021
i. Participate in ROM cost estimating meeting
60% Design
a. Design Survey
i. Perform a horizontal and vertical survey of the current WWTP site to locate
visible topographic features. A boundary survey will not be performed as part of
this task.
b. The Consultant will incorporate the original 4 MGD MBR design and perform preliminary
civil, mechanical, structural, and electrical design for the following:
i. Yard piping
ii. Paving
iii. Site grading
iv. MBR treatment basin
v.
Influent lift station
vi.
Evaluate connecting temporary treatment plant to permanent lift station
vii.
Aerobic digesters
viii.
Solids pumping systems
ix.
UV disinfection
x.
Hydraulic analysis
xi.
Preliminary instrumentation incorporating previous 2.0 MGD facility
b. The Consultant will collaborate with the CM@R to answer questions about the preliminary
design.
c. Meetings:
i.
Prepare for and conduct up to three (3) design review meetings
d. Deliverables
i. None
e. Services/Deliverables provided by the City
i. Participate in preliminary design meeting
60% Plans and Technical Specifications
a. Prepare engineering plan sheets and technical specifications for the 60% design. It is
assumed that there will be no more than 1 submittal package for the 60% design phase.
b. The 60% engineering plan sheet and technical specifications will include:
i. Civil Sheets
1. General notes
2. Overall site plan
3. Yard piping plan and profile
4. Paving plan
5. Grading plan
6. Process flow diagrams
7. Hydraulic profile
8. Demolition plan
9. Details
ii. Mechanical Sheets
1. General notes
2. Lift station equipment layouts and sections
3. Membrane treatment basin equipment layouts and sections
4. Aerobic digester equipment layouts and sections
5. UV disinfection equipment layouts and sections
Structural Sheets
1. General notes
2. Site plans
rev 1/2021
3. Foundation plans
4. Excavation plan
5. Sections
iv. Electrical Sheets
1. Site plan
2. Electrical plan
3. Grounding plan
4. One -line diagrams
5. Conduit and wiring plan
6. Lighting plan
7. SCADA/instrumentation layout
8. Site security plan
v. Instrumentation
1. Piping and instrumentation diagrams
c. Submit the plans and specifications to the City and the CM@R for review.
d. Provide review of the CM@R's deliverable.
e. Coordinate with the CM@R to obtain input on constructability and value engineering items
to consider for the next project phase submittal.
f. Meetings:
i. Prepare for and conduct up to two (2) 60% plans and technical specifications
review workshops.
g. Deliverables
i. Five (5) copies of 60% 11"x17" plans and specifications and .pdf electronic copies.
h. Services/Deliverables provided by the City:
i. Participate in progress meetings
ii. Review and comment on the 60% plans and specifications
iii. Participate in the 60% design review workshop
4. Collin County and City Permitting
a. Floodplain Study Update
i. The Consultant will update the previously approved Floodplain Study to reflect the
final site plan and proposed grading for the 4 MGD expansion at the City of Anna
HCRWRF.
ii. The Consultant will prepare a Floodplain Study for submittal to the County for
review and approval. The submittal is anticipated to include the following:
1. Narrative;
2. Flood Study Admin Review Checklist;
3. FEMA FIRM;
4. FEMA Effective LOMRs;
5. Floodplain Workmaps;
6. HEC-RAS Output; and
7. Digital Files.
iii. The Consultant will address one round of County comments under this task. No
FEMA submittals are included with this task. The Consultant assumes any project -
related fees will be paid directly by the Client.
b. City of Anna Preliminary and Final Plat Submittal
i. The Consultant will prepare and submit a Preliminary Plat, Checklist, and
Application to the City of Anna for review.
rev 1/2021
ii. The Consultant will prepare and submit a Final Plat, Checklist, and Application to
the City of Anna for review.
c. Meetings
i. The Consultant will attend one meeting with review staff and, if required, one public
hearing at which the item is considered for approval.
d. Deliverables
i. Five (5) copies of Preliminary and Final plat and a .pdf copy.
e. Services/Deliverables provided by the City:
i. Participate in review meetings
Task 2 — Final Desiqn
The Consultant will perform the following professional services:
1. Final Design
a. Upon the City approval of the 60% design and value engineering, the Consultant will
incorporate value engineering items and perform final civil, mechanical, structural, and
electrical design for the following:
i. Yard piping
ii. Paving
iii. Site grading
iv. MBR treatment basin
v. Influent lift station
vi. Evaluate connecting temporary treatment plant to permanent lift station
vii. Aerobic Digesters
viii. UV disinfection
ix. Hydraulic analysis
x. Equipment tagging
A. Final instrumentation incorporating previous 2.0 MGD facility
b. The Consultant will collaborate with the CM@R to answer questions about the final design.
c. Meetings:
i. Prepare for and conduct up to two (2) final design meetings.
d. Deliverables:
i. None
e. Services/Deliverables provided by the City:
i. Participate in final design meetings
2. Final Engineering Report
a. The Consultant shall prepare a Final Engineering Report. The Consultant shall perform
the following tasks:
i. Finalize the size of each treatment unit. Calculations, analyses, graphs, formulas,
constants, and technical assumptions will be provided to support the design and
sizing of each unit.
ii. Develop a process flow diagram for the water reclamation facility.
iii. Develop hydraulic model to determine the elevations of the treatment units and
determine the sizing of interconnected piping.
iv. Develop a biological model to determine the operating parameters of the biological
treatment units.
v. Prepare a solids balance with the biological model
vi. Prepare the Preliminary Engineering Report Document including:
1. Types of units proposed and their capacities
2. Detention times, surface loadings and weir loadings for each unit
rev 1/2021
3. Plot of the hydraulic gradient at peak flow conditions
4. The recommended operation mode
5. Organic and volumetric loadings pertinent to each treatment unit
6. Preliminary site plan
7. Site access and security
8. Flood protection
9. Emergency power
b. Meetings:
i. Prepare for and conduct one (1) Final Engineering Report review meeting
c. Deliverables:
i. Five (5) copies of the Final Engineering Report and .pdf electronic copy
d. Services/Deliverables provided by the City:
i. Participate in the Final Engineering Report review meeting
3. Final Plans and Specifications
a. Once the 60% design has been approved by the Client, The Consultant will prepare 90%
engineering plan sheets and specifications in accordance with the final engineering report.
The plans will include:
i. Civil sheets:
1. General notes
2. Overall site plan
3. Yard piping plan and profiles
4. Paving plan
5. Grading plan
6. Process flow diagrams
7. Hydraulic profile
8. Demolition plan
9. Details
ii. Mechanical sheets:
1. General notes
2. Lift station equipment layouts and sections
3. Membrane treatment equipment layouts and sections
4. Aerobic digester equipment layouts and sections
5. UV disinfection equipment layouts and sections
iii. Structural sheets:
1. General notes
2. Site plans
3. Foundation plans
4. Sections
iv. Electrical sheets:
1. Site electrical plan
2. Grounding plans
3. One -line diagrams
4. Conduit and wiring plan
5. Lighting plans
6. SCADA/instrumentation layout
7. Site security plan
v. Instrumentation
1. Piping and instrumentation diagrams
b. Address 90% comments and prepare final design plans and specifications.
c. Coordinate with the CM@R on constructability and GMP bid packaging.
rev 1/2021
d. Submit the following to TCEQ:
i. Summary Transmittal Letter
1. Contact information
2. Project identification information
3. Overall site plan
4. Description of variance (if any)
ii. Final Engineering Report
iii. Final Plans and Specifications
iv. Respond to comments or technical questions received from TCEQ Applications
and Review Team.
v. Submit plans and specifications to TDLR and respond to comments.
e. Meetings:
i. Prepare for and conduct up to three (3) meetings for 90% design progress review
ii. Prepare for and conduct a 90% plan and specification review workshop
iii. Attend two (2) meetings with CM@R to obtain input on constructability and value
engineering items to consider for the next project phase submittal.
f. Deliverables:
i. Five (5) copies of 90% 11"x17" plans and specifications and .pdf electronic copies.
ii. Five (5) copies of 100% 11"x17" plans and specifications and .pdf electronic
copies.
g. Services/Deliverables provided by the Client:
i. Participate in progress meetings
ii. Review and comment on the 90% plans and specifications
iii. Participate in the 90% design review workshop
Task 3 — Administrative Building Design
The Consultant will perform the following professional services:
1. Preliminary Design
a. The Consultant will use the previous preliminary design to prepare engineering plan sheets
and technical specifications for the Administrative, lab, and SCADA building. It is assumed
there will be no more than one (1) submittal packages for the 60% design phase. The
Consultant will collaborate with the CM@R on project phasing to determine a submittal
plan that adheres to the overall project schedule.
b. Meetings:
i. Prepare for and conduct up to three (3) preliminary design review meetings.
ii. Attend two (2) meetings with CM@R to obtain input on constructability and value
engineering items to consider for the next project phase submittal.
c. Deliverables
i. none
d. Services/Deliverables provided by the Client
i. Participate in progress meetings
ii. Participate in preliminary design review meeting
2. 60% Plans and Specifications
a. The consultant will prepare 60% engineering plan sheets and specifications. The plans will
include:
i. Civil Sheets
1. General notes
2. Overall site plan
3. Yard piping plan
rev 1/2021
4. Parking and paving plan
ii. Landscape Sheets
1. Planting plan
2. Irrigation plan
iii. Structural
1. General Notes
2. Site Plans
3. Foundation Plans
iv. Electrical Sheets
1. Site Plan
2. One -Line Diagram
3. SCADA/Instrumentation layout
4. Site Lighting and Security Plan
v. Architectural Sheets
1. General notes
2. Site plans
3. Floor plans
4. Roof plans
5. HVAC plan
6. Irrigation plan
vi. Plumbing Sheets
1. Onsite water service plan
2. Onsite sewer service plan
vii. Meetings:
1. Prepare for and conduct up to two (2) 60% Plan review workshops
2. Attend two (2) meetings with CM@R to obtain input on constructability and
value engineering items to consider for the next project phase submittal.
viii. Deliverables:
1. Five (5) copies of 60% 11 "x17" plans and specifications and .pdf electronic
copies.
ix. Services/Deliverables provided by the Client:
1. Participate in progress meetings
2. Review and comment on the 60% plans and specifications
3. Provide access to site for TDLR accessibility review
3. Final Plans and Specifications
a. Once the 60% design has been approved by the Client, The Consultant will prepare 90%
engineering plan sheets and specifications. The plans will include:
i. Civil Sheets
1.
General notes
2.
Overall site plan
3.
Yard piping plan
4.
Parking and paving plan
ii. Landscape Sheets
1.
Planting plan
2.
Hardscape Plan
3.
Irrigation plan
iii. Structural
1. General Notes
2. Site Plans
3. Foundation Plans
iv. Electrical Sheets
rev 1/2021
1. Site Plan
2. One -Line Diagram
3. SCADA/Instrumentation layout
v. Architectural Sheets
1. General notes
2. Site plans
3. Floor plans
4. Roof plans
5. HVAC plan
6. Irrigation plan
vi. Plumbing Sheets
1. Onsite water service plan
2. Onsite sewer service plan
vii. Provide Review of the CM@R's Conceptual Deliverable.
viii. Meetings:
1. Prepare for and conduct up to two (2) final design plan review workshops.
ix. Deliverables:
1. Five (5) copies of 90% 11"x17" plans and specifications and .pdf electronic
copies.
x. Services/Deliverables provided by the Client:
1. Participate in progress meetings
2. Review and comment on the 90% plans and specifications
3. Provide access to site for TDLR accessibility review
Task 4 — Minor Permit Amendment
The Consultant will perform the following professional services:
The Consultant will prepare a minor amendment application to TCEQ for the existing wastewater
discharge permit (WWDP). The Consultant shall prepare the following tasks in support of a Minor
Amendment:
a. Prepare a WWDP Minor Amendment Application for the Project. For the purposes of this
scope, it is assumed that the following application components will be required:
i. Domestic Administrative Report (TCEQ Form 10053);
ii. Domestic Technical Report (TCEQ Form 10054);
iii. Core Data Firm (TCEQ 10400).
b. Prepare supporting documents required for the WWDP Minor Amendment Application,
including the following:
i. USGS Discharge Route Exhibit;
ii. Treatment Process Flow Diagram;
iii. Treatment Unit Dimensions Summary;
iv. Design flow calculations;
v. Treatment unit capacity calculations.
c. The Consultant does not represent that the permit will be approved and issued by the
TCEQ, the consultants fees are not contingent on any approval or issuance of the permit.
Task 5 — Letter of Map Revision
The Consultant will perform the following professional services:
rev 1/2021
The Consultant will prepare a Letter of Map Revision (LOMR) application for the subject reach of
the East Fork Trinity River. Once construction is complete within the floodplain area, field survey
of the as -built construction will be required. The field survey will be performed under Task 5. The
Consultant will review the as -built survey of the floodplain modifications to confirm the floodplain
grading was constructed in accordance with the plan presented in the Floodplain Study. The
Consultant will prepare a LOMR request for submittal to the County and FEMA for review and
approval. The submittal is anticipated to include the following:
a. Narrative;
b. FEMA FIRM;
c. Annotated FEMA FIRM;
d. Floodplain Workmaps;
e. As -Built Topographic Workmap;
f. HEC-RAS Output;
g. FEMA MT-2 Forms;
h. Draft Newspaper Notification; and
i. Digital Files.
The Consultant will address one round of County comments and two rounds of FEMA comments
under this task. The online FEMA LOMR fee is currently $8,000. This fee, newspaper notification
fee, and all other potential review, submittal, or project related fees will be paid directly by the Client.
This task is for one LOMR. If the phasing of construction requires multiple LOMRs for the different
tracts, an amendment to this Agreement will be required.
Task 6 — Bidding
The Consultant will perform the following professional services for this project phase:
1. Coordinate with CM@R to develop up to five (5) bid packages for CM@R to bid the project.
2. Consultant will provide updated bid packages to CM@R.
3. Provide plans and specifications in .PDF format to CM@R.
4. Answer contractor questions during bidding of each bid backage.
5. Issue addenda as required.
6. Prepare for and attend a Pre -bid conference.
7. Attend bid opening, review bid submittals, and score each bid package submittal.
Task 7 — Construction Phase Services
The construction phase services are anticipated to extend the current construction phase services contract
by 24 months according to the construction schedule provided by the CM@R.
1. Pre -Construction Conference
a. Prepare for and attend a pre -construction conference prior to commencement of
Work at the Site
2. Site Visits
a. Prepare for and conduct up to fifty-two (52) construction progress meetings with
the City and CM@R on site. Meetings will also be considered site visits.
b. Site Visits are not intended to be exhaustive or to extend to every aspect of
CM@R'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 judgement.
c. Based on information obtained during site visits, Consultant will determine if
CM@R's work is generally proceeding in accordance with the Contract
rev 1/2021
Documents, and Consultant will keep City informed of the general progress of the
work.
Recommendations with Respect to Defective Work
a. Provide recommendations to City that CM@R's work be disapproved and rejected
while it is in progress if, on the basis of site visit evaluations, Consultant believes
such work will not produce a completed Project that conforms generally to Contract
Documents or that it will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents.
Notwithstanding the foregoing, the City reserves the right to disapprove or reject
CM@R's work without a recommendation from the Consultant.
Clarifications and Interpretations
a. Issue necessary clarifications and interpretations of the Contract Documents to
City as appropriate to the orderly completion of CM@R's work. Such clarifications
and interpretations will be consistent with the intent of the Contract Documents.
Field orders authorizing variations from the requirements of the Contract
Documents will be made by City.
Change Orders
a. Recommend change orders to City, as appropriate.
b. Review and make recommendations related to Change Orders submitted or
proposed by the CM@R.
Shop Drawings and Samples
a. Review and approve or take other appropriate action in respect to Shop Drawings
and Samples and other data which CM@R is required to submit, but only for
conformance with the information given in the Contract Documents and
compatibility with the design concept of the completed Project as a functioning
whole as indicated in the Contract Documents. Such review and approvals or other
action will not extend to means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of construction or to related safety
precautions and programs. Assumes up to three hundred thirty (330) shop
drawings.
Substitutes and "or -equal"
a. Evaluate and determine the acceptability of substitute or "or -equal" materials and
equipment proposed by CM@R in accordance with the Contract Documents, but
subject to the provisions of applicable standards of state or local government
entities.
b. Provide recommendations to City
Inspections and Tests
a. Review certificates of inspections and tests within Consultant's area of
responsibility for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an independent
evaluation that the content or procedures of such inspections, tests, or approvals
comply with the requirements of the Contract Documents. ENGINER will be
entitled to rely on the results of such tests and facts being certified. The scope of
services assumes the pumps and motors will go through a non -witnessed factory
test. Attending testing will be considered additional services.
Disagreements between City and CM@R
a. As necessary, Consultant will, with reasonable promptness, render initial written
decision on all claims of City and CM@R relating to the acceptability of CM@R's
work or the interpretation of the requirements of the Contract Documents
pertaining to the progress of the CM@R's work. In rendering such decisions,
Consultant will be fair and not show partiality to City or CM@R and will not be liable
in connection with any decision rendered in good faith in such capacity. The initial
decision of the Consultant shall be required as a condition precedent to mediation
rev 1/2021
or litigation of any claim arising prior to the date final payment is due to the CM@R,
unless thirty (30) days have passed after a claim has been referred to the
Consultant with no decision having been rendered.
10. Final Walkthrough and Punchlist Preparation
a. Attend final walkthrough with CM@R and City to determine if the completed work
of CM@R is generally in accordance with the Contract Documents. The Consultant
will prepare for and participate in up to five (5) final walkthrough's with the CM@R.
i. Limitation of Responsibilities: The Consultant will not be responsible for
the acts or omissions of any CM@R, or of any of their subcontractors,
suppliers, or of any other individual entity performing or furnishing the
work. Consultant will not have the authority or responsibility to stop the
work of any CM@R.
b. Compile punch list from information gathered during final walkthrough with City
and CM@R.
11. System Start -Up and Equipment Training
a. The Consultant will prepare for and participate in up to twenty-five (25) site visits
during equipment and system start-up.
b. The Consultant will keep City informed of general progress and quality of trainings
when necessary.
12. Resident Project Representative. Consultant's role as Resident Project Representative will
include furnishing a Resident Project Representative ("RPR") to assist Consultant in
observing progress and quality of the work.
a. The duties and responsibilities of the RPR are limited to those of Consultant in the
Agreement with the CITY and in the Contract Documents, and are further limited
and described as follows:
i. General
a) RPR is the Consultant's agent at the Site, will act as directed by
and under the supervision of the Consultant, and will confer with
the Consultant regarding RPR's actions
b) RPR's dealings in matters pertaining to a CM@R's work in
progress shall in general be with the Consultant and CM@R,
keeping CITY advised as necessary
c) RPR's dealings with subcontractors shall only be through or with
the full knowledge and approval of CM@R
d) RPR shall generally communicate with CITY with the knowledge
of and under the direction of the Consultant
ii. Schedules
a) Review the progress schedule, schedule of Shop Drawing and
submittals, and any other schedules prepared by CM@R and
consult with Consultant concerning acceptability
iii. Conferences and Meetings
a) Attend meetings with CM@R, such as preconstruction
conferences, progress meetings, job conferences and other
project -related meetings, and prepare and circulate copies of
minutes thereof
iv. Liaison
a) Serve as Consultant's liaison with CM@R, working principally
through CM@R's superintendent, and assist in providing
information regarding the intent of the Contract Documents
b) Assist Consultant in serving as CITY 's liaison with CM@R when
CM@R's operations affect CITY's on -site operations
c) Assist in obtaining from CITY additional details or information,
when required for proper execution of the Work
rev 1/2021
V. Interpretation of Contract Documents
a) Report to Consultant when clarifications and interpretations of the
Contract Documents are needed and transmit to CM@R
clarifications and interpretations as issued by Consultant
vi. Shop Drawings and Submittals
a) Maintain Shop Drawing and Submittal Record log
b) Advise Consultant and CM@R of the commencement of any
portion of the Work requiring a Shop Drawing or submittal for
which RPR believes that the submittal has not been approved by
Consultant
vii. Modifications.
a) Consider and evaluate CM@R's suggestions for modifications in
Drawings or Specifications and report such suggestions, together
with RPR's recommendations, to Consultant. Transmit to CM@R
in writing decisions as issued by Consultant
viii. Review of Work and Rejection of Defective Work
a) Conduct on -Site observations of CM@R's work in progress to
assist Consultant in determining if the Work is in general
proceeding in accordance with the Contract Documents
b) Report to Consultant whenever RPR believes that any part of
CM@R's work in progress will not produce a completed project
that conforms generally to the Contract Documents or will imperil
the integrity of the design concept of the completed Specific
Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be
made; and advise Consultant of that part of work in progress that
RPR believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection
or approval
ix. Inspections, Tests, and System Start-ups
a) Consult with Consultant in advance of scheduled major
inspections, tests, and systems start-ups of important phases of
the Work
b) Verify that tests, equipment, and systems start-ups and operating
and maintenance training are conducted in the presence of
appropriate CITY 's personnel, and that CM@R maintains
adequate records thereof
c) Observe, record, and report to Consultant appropriate details
relative to the test procedures and systems start-ups
d) Accompany visiting inspectors representing public or other
agencies having jurisdiction over a Specific Project, record the
results of these inspections, and report to Consultant
X. Records
a) Maintain at the Site orderly files for correspondence, reports of
job conferences, reproductions of original Contract Documents
including all Addenda, Change Orders, Field Orders, additional
Drawings issued subsequent to the execution of the Contract,
Consultant's clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and submittals
received from and delivered to CM@R, and other Specific Project -
related documents
rev l /2021
b) Prepare a daily report or keep a diary or logbook, recording
CM@R's hours on the Site, weather conditions, data relative to
questions of Change Orders, Field Orders, or changed conditions,
Site visitors, daily activities, decisions, observations in general,
and specific observations in more detail as in the case of
observing test procedures; and send copies to Consultant
c) Record names, addresses, fax numbers, e-mail addresses, web
site locations and telephone numbers of all CM@Rs,
subcontractors, and major suppliers of materials and equipment
d) Maintain records for use in preparing project documentation
e) Upon completion of the Work, furnish original set of all RPR
Specific Project documentation to Consultant
xi. Reports
a) Furnish to Consultant periodic reports, as required, of progress of
the Work and of CM@R's compliance with the progress schedule
and schedule of Shop Drawing and submittals
b) Draft and recommend to Consultant proposed Change Orders
and Field Orders. Obtain backup material from CM@R
c) Furnish to Consultant and CITY copies of all inspection, test, and
system startup reports
d) Immediately notify Consultant of the occurrence of any Site
accidents, emergencies, acts of God endangering the Work,
damage to property by fire or other causes, or the discovery of any
Constituent of Concern
xii. Payment Request
a) Review Applications for Payment with CM@R for compliance with
the established procedure for their submission and forward with
recommendations to Consultant, noting particularly the
relationship of the payment requested to the Work completed, and
materials delivered at the Site but not incorporated in the Work
b) Certificates, Operation and Maintenance Manuals
c) During the course of the Work, verify that materials and
equipment certificates, operation and maintenance manuals and
other data required by the Specifications to be assembled and
furnished by CM@R are applicable to the items actually installed
and in accordance with the Contract Documents, and have these
documents delivered to Consultant for review and forwarding to
CITY prior to payment for that part of the Work
xiii. Completion
a) Participate in a final inspection in the company of Consultant,
CITY, and CM@R and prepare a final list of items to be completed
and deficiencies to be remedied
b) Observe whether all items on the final list have been completed
or corrected and make recommendations to Consultant
concerning acceptance and issuance of the Notice of Acceptability
of the Work
xiv. Resident Project Representative shall not:
a) Authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or -equal" items)
b) Exceed limitations of Consultant's authority as set forth in the
Agreement or the Contract Documents
c) Undertake any of the responsibilities of a CM@R, subcontractors,
suppliers, or a CM@R's superintendent
rev 1/2021
d) Advise on, issue directions relative to, or assume control over any
aspect of the means, methods, techniques, sequences, or
procedures of the CM@R's work unless such advice or directions
are specifically required by the Contract Documents
e) Advise on, issue directions regarding, or assume control over
safety practices, precautions and programs in connection with the
activities or operations of CITY or CM@R
f) Participate in specialized field or laboratory tests or inspections
conducted off -site by others except as specifically authorized by
Consultant
g) Accept Shop Drawings or submittals from anyone other than
CM@R
h) Authorize CITY to occupy a Specific Project in whole or in part
i) Through such observations of CM@R's work in progress and field
checks of materials and equipment by the RPR, Consultant shall
endeavor to provide CITY a greater degree of confidence that the
completed Work will conform in general to the Contract
Documents. However, Consultant shall not, during such visits or
as a result of such observations of CM@R's work in progress,
supervise, direct, or have control over CM@R'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 CM@R, for
safety precautions and programs incident to CM@R's work, nor
for any failure of CM@R to comply with laws and regulations
applicable to CM@R's furnishing and performing the Work.
Accordingly, Consultant neither guarantees the performance of
any CM@R nor assumes responsibility for any CM@R's failure to
furnish and perform its work in accordance with the Contract
Documents.
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:
• Environmental assessment of the property
• Coordination with additional stakeholders during the design or construction phases of the project
• Offsite Roadway Improvements
• Start-up assistance beyond the services identified in the scope
• Redesign to reflect project scope changes requested by the Client, required to address changed
conditions or change in direction previously approved by the Client, mandated by changing
governmental laws, or necessitated by the Client's acceptance of substitutions proposed by the
contractor.
• Additional Construction Site Visits
• Additional Construction Shop Drawing and Sample Review and Comment
• Design of any offsite collection system improvements beyond the improvements identified in the
scope
• Preparation for and attendance at public meetings
• Furnish additional copies of review documents and/or bid documents in excess of the number of
the same identified above.
• Services related to disputes over bid protests, bid rejection, and re -bidding of the contract for
construction.
rev 1/2021
• 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.
• Accompanying the Client when meeting with the TCEQ, U.S. Environmental Protection Agency, 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.
• 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.
• Providing professional services associated with the discovery of any hazardous waste or materials
in the project site.
• Performance of materials or specialty testing services.
• Services necessary due to default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement, and inspection after final completion.
• Services related to Survey Construction Staking.
• Performance of miscellaneous and supplemental services related to the project as requested by
the Client.
• Any additional changes to the Contract Documents necessary to break the project into phases
SWPPP inspections / coordination
• Any services not listed in the Scope of Services
Terms of compensation:
Hurricane Creek Regional Water Reclamation Facility
Task 1 — Preliminary Design
Task 2 — Final Design
Task 3 — Administration Building
Task 4 — Minor Permit Amendment
Task 5 — LOMR
Task 6 — Construction Phase Services
Resident Protect Representation
Subtotal
$ 2,300,000
$ 2,200,000
$ 450,000
$ 20,000
$ 55,000
$ 1,800,000
$ 600,000
$ 7,425,000
(Lump Sum)
(Lump Sum)
(Lump Sum)
(Lump Sum)
(Lump Sum)
(Reimbursable)
(Reimbursable)
(Estimated)
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Hourly
tasks will be performed on a labor fee plus expense basis. Labor fee will be billed on an hourly basis
according to our then -current rates.
rev 1 /2021
Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses
will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain
other expenses such as telecommunications, in-house reproduction, postage, supplies, project related
computer time, and local mileage. Administrative time related to the project will be billed hourly. All
permitting, application, and similar project fees will be paid directly by the Client. Payment will be due within
25 days of your receipt of the invoice.
ACCEPTED:
CITY OF ANNA
BY:
TITLE:
DATE:
rev 1/2021
KIMLEY-HORN AND ASSOCIATES, INC.
41��
BY: Kyle Kubista, P.E.
TITLE: Vice President
DATE; 5/16/2025