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1999-379 O A CENO /q-MTq AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC, FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE RE-DESIGN OF THE HARTLEE FIELD ROAD PUMP S~TATION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage Freese and Nichols, Inc, a Corporation ("F&N'), to provide professional englneenng services to the City pertaining to the prehmmary design phase of the re-design of the Hartlee Field Road Pump Station, and WHEREAS, the City staffhas reported to the City Council that there is a substantial need for the above-described professional eng~neenng services, and that limited City staff cannot adequately perform the services and tasks w~th its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional englneenng services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement w~th Freese and Nmhols, Inc, for professional engmeenng servmes pertmnmg to the preliminary design phase of the re-design of the Hartlee Field Road Pump Station, in substantially the form of the Professional Services Agreement attached hereto and ~ncorporated herewith by reference S~ECTION II. That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and quahficat~ons of F&N and the ability of F&N to perform the services needed by the City for a fair and reasonable price ~ That the expenditure of funds as provided ~n the attached Professional Services Agreement is hereby authorized SECTION IV That this ordinance shall become effective immediately upon its passage and approval JACK ~.~I~tER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Docurnents\Ordmancesk99\Freese & N~chols PSA Oral Hartlee F~eld Road Pump Station doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE RE-DESIGN OF THE HARTLEE FIELD ROAD PUMP STATION FOR THE CITY OF DENTON, TEXAS ~MENT is made and entered ~nto as of the /~/--/P day of , 1999, by and between the C~ty of Denton, Texas, a Texas Mumctpal Corporation, w~th its prmctpal offices at 215 E Mclednney Street, Denton, Texas 76201 (hereaRer "OWNER") and Freese and Nichols, Inc, a Texas Corporation, w~th ~ts offices at 4055 International Plaza, State 200, Fort Worth, Texas 76109 (hereaRer "CONSULTANT"), the pames acUng hereto, by and through their duly-authorized representatives and officers WlTNESSETH, that m consideration of the covenants and agreements here~n contained, the pames hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection w~th the Project as stated m the Articles to follow, w~th dthgence and tn accordance w~th the professional standards customarily obtained for such servmes tn the State of Texas The professional serrates set forth hereto are m connection w~th the following described project (the "Project") Professional engineering services pertaining to the prehmmary des~gu phase of the re-design of the Hartlee F~eld Road Pump Station, m Denton, Denton County, Texas ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic services ~n a professional manner A To perform those services as set forth In the Scope of Work which ~s attached to letter dated August 19, 1999 f~om M~ke N~chols, P E, Vice-President and Russell L G~bson, P E, Assoemte of CONSULTANT to P S Arora, P E, Engmeenng Admlmstrator of OWNER, winch letter maludes CONSULTANT's "Scope of Work" and"Fee Proposal" and ~s a slx (6) page document marked as Exhibtt "A", whmh Exhlba ~s incorporated by reference herexn B If there ~s any conflict between the terms of this Agreement and the Exhibit attached to this Agreement, the terms and con&tions of tins Agreement shall control over the terms and con&tions of the Exhibit Page 1 ofl0 ARTICLE III ADDITIONAL SERVICES Any add~txonal services to be performed by the CONSULTANT, ~f authorized by the OWNER, winch are not mcinded as basra services m the above-described Scope of Services, set forth as prowded by Artmle II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall deterrmne, m writing, the scope of such adcht~onal serwces, the amount of compensation for such additional services, and other essential terms pertatmng to the pmwsion of such adrht~onal servlcas by the CONSULTANT ARTICLE IV PERIOD OF SERVICE T'ms Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the ~ssuance of a nonce to proceed by the OWNER, and shall remain m fome for the period wbach may reasonably be reqmred for the completion of the ProJect, ~nclud~ng Additional Servmes, ff any, and any reqmred extensions approved by the OWNER Tins Agreement may be sooner terminated in accordance w~th the prowsions hereof Tnne is of the essence m tins Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth hereto as expecht~onsly as possible and to meet the schedule reasonably estabhshed by the OWNER, acting through ~ts Asmstant C~ty Manager for Utfllt~es, or bas designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as those expenses, ~f any, ~ncurred by CONSULTANT m the employment of others in outside finns, for services m the professional engmeenng area, or related services Any subcontract or subconsultant billing reasonably recurred by the CONSULTANT m connection w~th the ProJect shall be mvmced to OWNER at the actual cost 2 "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 tbas Agreement for long distance telephone charges, telecopy charges, messenger sermees, printing and reproductaon expenses, out-of-pocket expenses for purchased computer t~me, prudently recurred travel expenses related to the work on the Project, and sumlar incidental expenses recurred m connection with the ProJect B BILLING AND PAYMENT For and in consaderat~on of the professmnal services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic servaces tasks set foFuh m the Scope of Services as shown in Artmle II above, as follows 1 CONSULTANT shall perform its work on tbas ProJect m substantial accordance Page 2 of 10 with the tasks set forth in the "Scope of Work" and "Fee Proposal" referred to m Artacle l~ A above, marked as Exbablt "A", and wbaeh Exbabat ~s incorporated hereto by reference CONSULTANT shall be prod for serwces rendered pursuant to the Agreement and for all reasonably recurred out-of-pocket expenses on a lump-sum basis, balled monthly The OWNER agrees to pay to CONSULTANT for its professional services performed, and for ~ts out-of pocket expenses recurred m the Pro.]ect, a total amount not to exceed $ 41,300 00 2 Partial payments to the CONSULTANT wdl be made monthly as progress payments m accordance with the statements reflecting the extent of actual completaon of the basra services, rendered to and approved by the OWNER through ~ts Assmtant City Manager for Utiht~es or bas designee However, under no c~reumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered The OWNER may wathhold the final ten (10%) percent of the above not-to-exceed amount until satasfaetery completaon of the Project by the CONSULTANT 3 Nothing contmned m tbas Artmle shall require the OWNER to pay for any work wbach ~s unsatasfaetory as reasonably determined by the Amstant C~ty Manager for Utfi~taes or bas designee, or wbach is not subnutted by CONSULTANT to the OWNER ~n comphanee w~th the terms of tbas Agreement The OWNER shall not be reqmred to make any payments to the CONSULTANT at any tame when the CONSULTANT ~s m default under tbas Agreement 4 It ~s speeffieally understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement wbach would reqmre add~taonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, w~thout first having obtained the prior written authonzatmn fi.om the OWNER CONSULTANT shall not proceed to perform any servmes to be later prowded for under Article III "Addltaonal Serwces" w~thout first obtmmng prior written authonzatmn from the OWNER C ADDITIONAL SERVICES For addtuonal services authorized in writing by the OWNER ~n Axtmle KI heremabove, CONSULTANT shall be pa~d based on a to-be-agreed-upon Schedule of Charges Payments for add~taonal servmes shall be due and payable upon subm]sslun by the CONSULTANT, and shall be m accordance w~th Artaele V B heremabove Statements for basra services and any addat~onal services shall be submitted to OWNER no more fi.equently than once monthly D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for serrates and expenses w~tban s~xty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month from and atter the sa~d s~xt~eth (60th) day, and m adchtaon, thereafter, the CONSULTANT may, after g~vmg ten (I0) days wntten notice to the OWNER, suspend services under tbas Agreement until the CONSULTANT has been prod in full for all amounts then due and owing, and not dtsputed by OWNER, for services, expenses and charges Prowded, however, notbang hereto shall reqmre the OWNER to pay the late charge of one percent (1%) per month as set forth herem, ~f the OWNER reasonably determines that the CONSULTANT's work ~s unsatxsfactory, in accordance with Article V B of this Agreement, and OWNER has notafied CONSULTANT of that fact m writing Page 3 of 10 ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due dthgence in chscovenng and promptly reporting to the OWNER any defects or deficienc~es m the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or funnshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to tins Agreement are mstrmnents of sermce and shall become the property of the OWNER upon the termination of tins Agreement The CONSULTANT ~s entitled to retmn copies of all such documents The documents prepared and furrnshed by the CONSULTANT are intended only to be applicable to tlna project and OWNER's use of these documents m other proJects shall be at OWNER's sole nsk and expense In the event the OWNER uses the Agreement m another project or for other purposes than specified hereto any of the ~nformatmn or matenals developed pursuant to tins agreement, CONSULTANT ~s released from any and all hablhty relattng to their use m that project ARTICLE VIII INDEPENrDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent con,actor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and ~ts offiemls, officers, agents, attorneys and employees from and against any and all habthty, claims, demands, damages, losses and expenses, including but not ln'mted to court costs and reasonable attorney fees recurred by the OWNER, and ~nclud~ng without limitation damages for bo(hly and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees m the execution, operaUon, or performance of tins Agreement Noflung m tins Agreement shall be cons~ued to create a habfl~ty to any person who is not a party to tins Agreement and nothing harem shall wmve any of the party's defenses, both at law or eqmty, to any clan-n, cause of actmn or hlagat~on filed by anyone not a party to th~s Agreement, ~ncluchng the defense of governmental nnmumty, wtuch defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under th~s Agreement, CONSULTANT shall Page 4 of 10 mmntam the following insurance with an insurance company licensed to do business m the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Careers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and with property damage hrmts of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance w~th bodily injury lmalts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensatmn Insurance in accordance with statutory requirements and Employer's Liability Insurance with llmats of not less than $100,000 for each accident D Professional Llablhty Insurance with llmtts of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance poheles shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contmn a provision that such insurance shall not be cancelled or modified without tbarty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or eancellanon of coverage, deliver copies of any such substitute policies, furmshmg at least the same policy hmas and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The partaes may agree to settle any d~sputes under tl~s Agreement by subml~ng the d~spute to arbltratmn or other means of alternate dispute resolution such as medlataon No arbitration or alternate dispute resolution anslng out of or relating to, tins Agreement revolving one party's dlsagreoment may include the other party to the dasagreement w~thout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other prowslon of tins Agreement, either party may terminate this Agreement by provithng tI'urty- (30) days advance written nonce to the other party B Tbas Agreement may be termanated m whole or in part in the event of either party substantially failing to fulfill its obhganons under ttus Agreement No such termmatlon will be effected unless the other party is g~ven (1) written notice (delivered by certified mall, return receipt requested) of mtetu to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than tturty (30) calendar days to cure the failure, and (2) an opportumty for consultation with the terminating party prior to termination Page 5 of 10 C If the Agreement is terminated prior to completton of the services to be provided hereunder, CONSULTANT shall lmmedmtely cease all services upon receipt of the written notme of tenmnation from OWNER, and shall render a final bill for serv, ces to the OWNER within twenty (20) days at, er the date of tcm'mnatlon The OWNER shall pay CONSULTANT for all senaces properly rendered and satisfactorily performed, and for retmbursable expenses prior to notme of termination being received by CONSULTANT, in accordance with Amcle V of ttus Agreement Should the OWNER subsequently contract with a new consultant for the contmuat~on of sermces on the ProJect, CONSULTANT shall cooperate In providing mformatton to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable tune to transition and to mm over the Project to a new consultant CONSULTANT shall turn over all documents prepared or farmshed by CONSULTANT pursuant to tlus Agreement to the OWNER on or before the date of termination, but may mmnttun copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responslblhty and hablllty of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to tlus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responslblhty by the OWNER for any defect m the design or other work prepared by the CONSULTANT, its pnncipals, officers, employees, agents, subcontractors, end subconsultants ARTICLE XIV NOTICES All nottces, commumcatlons, and repons required or permitted under tins Agreement shall be personally delivered to, or telecopled to, or totaled to the respective parties by depositing same ~n the Umted States mml at the addresses shown below, postage prepmd, certified mad, return receipt requested, unless otherwise specified hereto To CONSULTANT To OWNER Freese and Nichols, Inc City of Denton, Texas Mhke Nichols, P E, Vice-President Howard Martin, ACMYUtlht~es 4055 International Plaza, State 200 215 E McI~hnney Fort Worth, Texas 76109 Denton, Texas 76201 Fax (817) 735-7491 Fax (940) 349-8120 All notices under th~s Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three O) days after mmhng of the notme, whmhever event shall first OCCt~ ARTICLE XV ENTIRE AGREEMENT Tbas Agreement consisting often (10) pages and one (1) Exhibit constitutes the complete and Page 6 of 10 final expresslon 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 pnur contemporaneous offers, prom~ses, representaUons, negot~aUons, d~scussmns, commumcat~ons, understandings, and agreements winch may have been made m connectmn vath the subject matter of tlus Agreement ARTICLE XVI SEVERABILITY If any pmwsmn of tins Agreement ~s found or deemed by a court of competent junschctwn to be ~nvalid or unenforceable, it shall be considered severable from the remmnder oft/us Agreement, and shall not cause the remaander to be ~nvalld or unenforceable In such event, the pames shall reform ttus Agreement, to the extent reasonably possible, to replace such stricken provmon with a valid and enforceable prows~on winch comes as close as possible to expressing the original mtentmns of the parties respecting any such stncken provlston ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply w~th all federal, state, local laws, rules, regulaUons, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may herealter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performmg the servtces reqmred hereunder, the CONSULTANT shall not chscnmmate agmnst any person on the bas~s of race, color, rehg~on, sex, naUonal ong~n or ancestry, age, or physical handacap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at ~ts own expense all personnel reqmred to perform all the servxces reqmred under flus Agreement Such personnel shall not be employees or officers of, nor have any contractual relatxons with the OWNER CONSULTANT shall lmmechately ~nfonn the OWNER m wntxng of any conflict of mterest or, potentml conflmt of interest that CONSULTANT may chscover, or winch may arise dunng the term of tins Agreement B All servaces reqmred hereunder wall be performed by CONSULTANT or under xts direct superwsmn All personnel engaged m performmg the work pmwded for m flus Agreement, shall be quahfied, and shall be anthonzed and permitted under state and local laws to perform such sermces ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest m tins Agreement and shall not transfer Page 7 of 10 any interest m thts Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly not~fy OWNER of any change of its name as well as of any Slgmflcant change in its corporate structure or m its operations ARTICLE XXI MODIFICATION No waiver or mothficatlon of ttus Agreement or of any covenant, condition, 1Lmitat~on herem contained shall be vahd unless ~n writing and duly executed by the party to be charged therewith No credence of any wmver or mochficat~on shall be offered or received m credence m any proceeding arising between the parttas hereto out of or affecting tins Agreement, or the rights or obhgat~ons of the pames hereunder, unless such waiver or modification is m writing, duly executed The parties further agree that the provisions of ttus Article will not be wmved unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exlublt is attached to, mcorporated w~ttun, and ~s made a part of tlus Agreement for all purposes pertment Exhtblt "A" - Letter dated August 19, 1999 from CONSULTANT to OWNER w~th Scope of Work and Fee Proposal contamed thereto B CONSULTANT agrees that OWNER shall, until the exp~ration of three (3) years after the final payment made by OWNER under tlus Agreement, have access to and the right to exarmne any dtrectly pertinent books, documents, papers and records of the CONSULTANT mvolwng transactions relating to ttus Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facd~t~es and shall be prowded adequate and appropriate working space m order to conduct examinations or audits ~n compbance w~th tins Article OWNER shall g~ve CONSULTANT reasonable advance not,ce of all ~ntended exanunat~ons or anchts C Venue of any stat or cause of action under th~s Agreement shall he exclusively ~n Denton County, Texas Tl~s Agreement shall be governed by and construed ~n accordance with the laws of the State of Texas D For purposes of th~s Agreement, the parties agree that Russell L Gthson, P E, Assocmte of CONSULTANT ("Gibson") shall serve as the ProJect Manager of CONSULTANT, respecting tins engagement Th~s Agreement has been entered into with the understanding that Gibson shall serve as the CONSULTANT's ProJect Manager and the key person sermng the OWNER on tins ProJect Any proposed changes requested by CONSULTANT, mspeetmg C~bson sermng as the key person on the ProJect, shall be subject to the approval of the OWNER, whreh approval the OWNER shall not unreasonably withhold Nothing herem shall lnmt CONSULTANT from usmg other qualffied and competent members of ~ts firm to perform the other services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete ~ts work on the ProJect w~th all Page 8 of I 0 apphcable dispatch, and m a sound, econonucal, efficxent manner, and tn accordance w~th the prowslons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropnate to ensure that the work revolved is properly coordinated wuth related work being camed on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's thsposal all avmlable reformation pertinent to the ProJect, including previous reports, any other data relatave to the Project and arrangmg for the access to, and make all provmons for the CONSULTANT to enter in or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional services under fins Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon reformation furmshed to ~t by OWNER without the need for further mqmry or mvest~gaUon into such mfonnat~on G The captxons of fins Agreement are for lnfonnaUonal purposes only and shall not in any way affect the substantive terms or contht~ons ofttus Agreement IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed fins Agreement m four (4) ongunal counterparts, by and through its duly-authorized C~ty Manager, and CONSULTANT has execgted fins Agreem0m by and through its duly-authorized undersigned officer on fins the /6/~W dayof t/~d~ ,1999 "CITY" CITY OF DENTON, TEXAS By ~,~~~/ Mlchael~ Jezfffff'tyilglanager ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 9 of 10 "CONSULTANT" FREESE AND NICHOLS, INC A Texas Corporatwn M~ke N~chols, P E, V~ce-Pres~dent ATTEST Page 10 of 10 FREEBE-NICHOLS August 19, 1999 Mr PS Arora, PE City of Denton Water Ut~ht~as 215 E McKmney Denton, TX 76201 RE Fee Proposal and Scope of Work Hartlee FIeld Road Pump Station City of Denton, Texas Dear Mr Arora: We are pleased to present the scope of work and fee proposal for the prelumnary design phase of the re-design of the Hartlee Field Road Pump Station Attached are the follovang for your review a) Our Proposed Scope of Work b) As shown on the attached spreadsheets, our proposed lump sum fee ~s $41,300 As we thscussed, we vail develop a proposal for the final design and constnlctlon phase services after the scope and schedule are determined c) As shown on the attached memorandum, our op~mon of probable construction cost Is $7,136,000, including a 10% contingency Based on our discussions vath the City of Denton and our revtew of the original plans and speoficattons, we note the follovang observations a) The original design of the pump station had an ultimate capacity of 35 mgd The rexased desagn vail have an ultimate capacity of 60 mgd, vath the capability of serving two pressure planes Tlus may reqture the use of muittple mexhum voltage variable frequency drives The larger pump capacmes w~ll also reqmre larger pump cans, piping, pump control valves, svatch gear and starters, more space for pumps and motors, heavier structural lO_nan, larger chermcal facflmes, and larger HVAC systems We estimate the building will be approximately 25% larger m size Therefore, the pump station will reqmre an almost complete re-design Freose and N~chols Inc ,~ Eflgmeers a Enwronmental Scientists ~1 Archffects 4055 International Plaza ~ Suite 200 ~ Fort Worth Texas ~1 76109-4895 817 735 7300 a Fax 817 735 7491 EXHIBIT Mr PS Arora, PE August 19, 1,999 Pago 2 b) The 3 mg storage rank wall have curtaul baffles, or pwvislons for adding curtain baffles The site wall be adaptable to 2 addtaonal 3 mg tanks Tlus will require revisions to the tank inlet and outlet piping, and possibly overflow and chemical feed piping c) The site plans and details wall be revised for the fullowmg · Changed off-site drainage conditions · Revised suction piping · Provisions for future mulUple discharge pipelines · Revised chemical piping · Revised tank inlets and outlets · Revised on-site roads and parkJng · Revised site electrical · Changes to site drainage, landscaping, waste systems, and fencing due to other site changes d) The 42-tach pipeline will be rewsed to a larger size We assume that any additional topograpluc survey wall be provided by the City of Denton, as was done ~n the onginal design Some minor reroutes of the pipeline are expected for changed conditions e) The chemical facilities will require larger equipment, larger piping and more space for equipment f) The ventun flowmeter and vault will probably be revised to more current technology, such as ultra-somc g) The instrumentation and SCADA systems will reqmre an almost complete re-design A station plc wall be used Some additional lnstmmentaUon may be reqmred Tlus wall require adding several sheets to the drawings We assume Denton wall want to add electrical bulkheads for motor and control leads, so that the vfd's can easily be switched to alternate pumps h) The standard dermis and specffiCatlons should be updated to current standards Mr PS Aro~,PE August 19, 1!99 Page3 We look fora ~d to ~tting on the.proJect and working w~th tho C~ty of l~nton. If you havo any qu~dona or ~ ommm~, do not heaitate to contact us Respectfully, Mtke N~choh, P E Vice Presider Russell L G~ ~son, P E Assocmte [dm99~51]t ~lct%hfpsp~op2 ~ ~irkidlRoml .P~unp Station - Revisions to the 1991 Design The fnMd of the Field Road Pump Station was completed by I:NI in 1991; however, tbe lwoje~t wa mot co~ at that rune. FNI will update and rewse the contra~ documents and will provide e ~m~etion phase services FNI will provide Phnse I -Bnsic Services ns dnscnbed below After ~ evtew and npproval of tbe prohnunm-y design report by the City of Denton, FNI will prepare a pro~ asal for Phase II - Basic Services, and any addmonal services ns thrected by the City of Denton I Hurtl~e Field Road Booster Pump Station - Revismns to the 1991 Design Phasell - Basic Services 1) [ F&N structural, eleclncal, mechamcal, arclutectural, water/wastewater, and civil will [ review the plans, specifications and design files to identify any changes that may be t suggested to the City of Denton 2) F&N will investigate the following changes, wbach were suggested by the City of Denton. ia) Revise the imUal and future pump selections for lugher capacity The original design was based on an lmtaal capacity of 10 mgd and an ultunate capacity of 35 mgd. The revised design will be based on the ultunate future capacity of 60 mgd. lmtlal pumps will be selected to serve the upper (826) pressure plane Future pumps will be selected to serve the upper and lower (745) pressure planes [ b) Revise the piping, valves, and power systems for the higher capacity pump [ selections Make the piping compatible with the future spht m flow between I the upper and lower pressure planes lc) Revise the building layout for larger pumps, piping, motors, and power systems (this will affect civil, structural, electrical, mechamcal, architectural. and w/ww) d) Review the original design for using the 3 mg storage tanks at HFPS to take [ excess capacity from the distribution system at mght. and pump back into the d~stnbutlon system dunng the day Rewew tbe p~plng and valve arrangement ~ for flus scenario [ e) Provide space for 2 additional 3 mg ground tanks for the future The revised ' design will include one 3 mg storage tank, as ongmally designed f) Review the site layout for a bigger braiding, revised chemical faclhtles (bulk storage and possible relocated chenucal facilities), revised drainage for the wider erastmg City Street, cut and fill issues, 2 ad&ttonal future tanks, revised site roads, and the revised piping layouts g) Provide baffles in the storage tanks to pernut plug flow As a mtmmum, the tanks will be capable ofrelrofittmg cartam baffles Ttus may reqmre revising the tank inlet and outlet piping and chenucal feeds h) lnvestlg, ete ways ofreducmg c, osts ofthe nrclutectural enlmnccments, without i) Revise the roof skyhg, hta for the larger motors, or provide other means of pmp j) Review the plnns and specs for current code requu~ments k) Review the communicnt~on n:ethods including fiber optic and ra&o between HFPS and Spencer Denton wants open arclutecture SCADA systems and pie's, where feasible 1) Invesugnte providing facdmes for a second power feed at the pump station The electrical substation will be designed and constructed by others ns ortgmally planned FN-I will coordinate site requirements with the utthty company 3) FNI will provide cost esttmates for various alternatives ns appropriate 4) FNI will provide five copies of a preliminary design report with summaries, recommendations, and cost estimates 5) FNI will attend two meetings wxth the City of Denton staff to coordinate thc preliminary design phase FNI will also attend one meeting with the Public Utility Board to present the findings of the prehrmnary design phase [d~3511t ~nem~hfpgscop3 wpd