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1988-0972342L NO j -0 9 67 F:2 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO 1 TO THE AGREEMENT OF JULY 16, 1985 BETWEEN THE CITY AND FREESE AND NICHOLS RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE UPGRADE OF THE CITY'S WATER TREATMENT PLANT, PROVIDING FOR THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and author zed s tSeMayor to execute the agreement between the City of denton and Freese and Nichols, Inc providing for the Professional Engineering Services for the upgrade of the City's Water Treatment Plant under the terms and conditions contained in said agreement, a copy of which is attached and made a part hereof SECTION II That the City Council hereby authorizes the additions expenditure of funds for the services rendered under the contract not to exceed $26,500 (twenty-six thousand five hundred dollars) SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the V~ day of , 1988 Y S S, M YOR ATTEST J 1.FER)MAL1ER*,CITARURETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY l ~SL~ AMENDMENT NO 1 CONTRACT NO 85-144 PURCHASE ORDFR NO 'S 69206 and 69207 AGREEMENT FOR ENGINEERING SERVICES BFTWEEN THE CITY OF DENTON, TEXAS AND FREESE AND NICHOLS, INC FOR THE UPGRADING WATER TREATMENT PLANT STATE OF TEXAS COUNTY OF DENTON The Aqreement for engineerinq services entered into and on the 16th day of July, 1985, by and between the City of Denton and Freese and Nichols, Inc , shall be amended as set forth hereinunder The said Aqreement and related Purchase Orders are attached SECTION I Authorization, over and above the amount of $135,000 00 authorized in Purchase Order No 69207, for the expenditure of funds to extend Resident Representation, with the additional fee not to exceed $26,500 00 Method of payment shall be in accordance with Section F of Contract No 85-144 SECTION 11 All other provisions, covenants, recitals, terms and conditions of Contract No 85-144 which are not expressly amended herein shall remain in full force and effect The Contrac mendment No 1 is executed in two counterparts, on this, the ~Y of 1988 ATTEST LG/ ATTEST LZ C1f' .lk ,ZCMV/db075 CITY OF DENTON OWNER - FREFSE AND NICHOLS, INC ENGINEER BY , J THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC THIS CONTRACT entered into this day of , 1985, between the City of Denton, Texas, hereinafrial- c ed the Owner, acting by and through Richard 0 Stewart, Mayor, duly authorized to act, and Freese and Nichols, Inc , Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows 1 Employment of Engineer The Owner hereby employs the Engineer and the Engineer agrees to perform professional services as herein set forth in connection with the construction of upgrading the Water Treatment Plant, hereinafter called the Project 2 Character and Extent of En ineerin Services The Engineer shall render eng neering sere ces or t e evelopment and construction of the Project, which shall include the following A Preliminary Engineering Report Compile a preliminary engineering report in sufficient detail to identify the scope of the project and alternate solutions available to the City of Denton to include preliminary layouts, sketches and estimates of probable construction cost for the project, and set forth the engineer's recommendations The report will include investigation and analysis of the existing system, preliminary design and layout of the proposed systems The report will include the following 1 Evaluation of an additional third int water intake structure to permit a depths from which the raw water is increase intake capacity This will level of Lake Lewisville is raised Corps of Engineers ake line at the raw wider variation in taken, as well as be possible if the as planned by the 2 Perform piezometer readings on the existing two parallel raw water pipe lines (a 27-inch installed in 1957 and a 30-inch installed in 1975) to determine the coefficient of roughness of the pipes This value will be used to determine maximum capacity and design pressure of the PAGE 1 existing facilities ano also will allow an evaluation of the benefit of cleaning these lines Evaluation of existing raw water flow meters with a single flow meter suitable for field calibration and certification of raw water purchases to the City of Dallas 4 Investigate the use of an inline static mixer to replace the rapid mixer Evaluation of existing chemical feed equipment and chemical storage facilities, to meet increased water production requirements 5 Evaluation of modifications of the raw water channel to allow even proportioning of flow between the flocculators and to accommodate the higher hydraulic loadings 6 Analysis of renovation of the existing Flocculators No 1-4 to include conversion from wet chain drive units to dry drives and refurbishing of Flocculators No 5-8 Also included will be assessment of concrete deterioration in the basins and recommendations for repair and concrete protective coating systems Analysis of renovations to the existing sedimentation basins including evaluation and replacement, if necessary, of the four (4) oldest Clarifier Mechanisms No 1-4 and refurbishing Clarifiers No 5-8 Assessment will also be made of concrete deterioration in all basins and recommendations for repair and concrete protective coating systems will be made 8 Conduct tracer studies through dye testing to determine the dispersion patterns of a dye tracer to evaluate the efficency and performance of the sedimentation and flocculation basins The degree of short-circuiting can be determined by the tracer technique and determination of the standard, average and nominal detention times for each basin can be evaluated and recommendations made for modifications and baffling to improve basin efficiency and performance, retrofitting existing sedimentation basin with improved weir design, and evaluation and assessment of tube settler devices 9 Recommendations for replacement of filter media with dual media and replacement of filter underdrain system, as necessary, in the eight (8) oldest Filters No 1-8 PAGE 2 Investigation will also consider conversion to air assisted backwash system 10 Investigation of modifications of pipe gallery including hydraulic analysis of connecting piping, rate of flow controllers and valuing to accommodate the increased flow Consideration will be given for conversion from existing hydraulic actuated valves to electric actuated valves Consideration will also be given to construction sequence to permit plant to remain in partial operation during pipe gallery modifications 11 Assessment of new chlorination facilities including separate outside facilities for storage of chlorine cylinders, handling and weighing facilities, new chlorinator building and new chlorinators, as necessary 12 Assessment of electrical renovations necessary including evaluation of existing switchgear and starters The assessment will be performed in cooperation with the City of Denton's Electrical Department 13 Assess and make recommendations for improvement to the existing instrumentation system, including improvements at the filter consoles to accommodate electric operators, control panel for turbidity recorders and annunciators or additional supervisory controls 14 Evaluate the feasibility of providing for an on-site sludge holding lagoon to retain water plant sludge on site 15 Recommendations for repair/ replacement of existing sludge drawoff valves on all sedimentation basins 16 Recommendations for replacement of control valves on High Service Pumps No 1, 4 and No 3 with electric control valves 17 Recommendations for a new storage and shop building to accommodate plant storage and inhouse repair work on miscellaneous equipment 18 Assessment of renovation and remodeling of existing building including resealing all expansion joints, repair roof and wall leaks, remodeling of laboratory and office facilities PAGE 3 19 Assessment of replacement/repair of 30-inch butterfly valve on existing 1 million gallon storage tank 20 Prepare estimate of probable construction cost of all recommended improvements 21 Furnish City twenty-five (25) copies of the preliminary engineering report B Design Phase After receipt from the City of Denton of acceptance of the Preliminary Engineering Report, indicating any specific modifications or changes in scope desired by the City, and upon written authorization from the City, the Engineer will proceed with the performance of services for the design phase as follows 1 Prepare detailed plans and specifications including surveys, designs and layouts of improvements to be constructed and contract documents for the improvements 2 The City reserves the right to direct Engineer to perform substantial revision of the plans and specifications, but in such event, the City shall pay Engineer just and equitable compensation for services rendered in making such revision(s) If revision(s) are required by reason of the Engineer's error or omission, then such revision(s) shall be made by the Engineer without additional compensation This action may occur during design or construction phases 3 Establish the scope of any soils and foundation investigations or special tests which may be necessary for the design of the project, and with the City's approval Arrange for such investigations and testing to be conducted for the City's account 4 Submit plans, specifications and contract documents to the Texas Department of Health for approval 5 Prepare estimates of probable construction cost for the improvements 6 Furnish the City twenty-five (25) sets of plans, specifications and construction documents As directed by the City, additional sets of plans, specifications and construction documents, as are necessary in the receiving of bids for construction and as are required PAGE 4 in the execution of the project, shall be furnished by the Engineer and shall be paid for by the City C Construction Phase Upon completion of the design phase services, approval of final plans and specifications, and upon written authori- zation from the City, the Engineer will proceed with the performance and services in this phase as follows Assist the City in securing bids, issuing notice to bidders and notifying construction news publications Notice to bidders will be furnished to the City for publication in the local news media 2 Assist the City in the opening, tabulation and assess- ment of the bids received, and furnish recommendations on the award of the contract(s) or the appropriate actions to be taken by the City 3 Assist in the preparation of formal contract documents for construction contracts 4 Assist in conducting pre-construction conferences(s) with the contractor(s), review construction schedules prepared by the contractor(s) and prepare a proposed estimate of monthly cash requirements for the project Make visits to the site (as distinguished from the continuous services of a resident project representative) to observe the progress and the quality of work, and to attempt to determine in general if the work is proceeding in accordance with the contract documents In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors, the Engineer will report any observed defects or deficiencies immediately to the City, however, it is understood that the Engineer does not guarantee the contractor's performance nor is he responsible for supervision of the contractor's operation and employees Consult and advise with the City during construction, make recommendations to the City regarding the materials and workmanship, and prepare change orders for City's approval Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill test of material and equipment and other data which the contractor is PAGE 5 required to submit for performance with the design concepts of the project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents 8 Assist the City in arranging for testing of materials and laboratory controls during construction to be conducted at the City's expense 9 Interpret intent of the plans and specifications for the City and contractor(s) 10 Review and comment on monthly and final estimates for payment to contractor(s) 11 Conduct, in company with City's representative, a final inspection of the project, for compliance with the design concept of the project in compliance with the contract documents, and review and comment on the certification of completion and recommendation for final payment to the contractor(s) D 12 Prepare revisions of construction drawings with the assistance of the City's project personnel and the construction contractor(s) reflecting changes in the project made during construction These "record drawings" shall be provided by the Engineer to the City as one (1) set of reproducibles and two (2) sets of prints Additional Services Additional services to be performed by the Engineer, if authorized by the City, which are not included in the above described basic services, are described as follows 1 Provide shop, mill, field or laboratory inspection of materials and equipment 2 Preparation of any required operation and maintenance manuals or conducting operator training or start up service 3 Furnishing the services of a residential project representative to act as the City's on-site representative during the construction phase, if required by the City, under terms and conditions described in Section F of this Agreement PAGE 6 E Compensation The Engineer shall be compensated for services rendered hereunder on the basis of salary cost times a multiplier of 2 2 plus other direct expenses times a multiplier of 1 00, with the total fee not to exceed $271,550 00 without written authorization of the City Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc , for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto (Salary Cost is equal to 1 39 times salary payments This factor is adjusted annually ) Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members Compensation will be made on the basis of monthly state- ments rendered to and approved by the City, however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered The Consultant shall be entitled to a cumulative amount not to exceed 85% of the maximum fee upon completion and submission of the plans, specifications and construction documents to the City The remaining fifteen percent (15%) of the maximum fee shall be paid upon submission of monthly statements during the construction phase If construction bids are received and a contract is not awaraed, payment to the Engineer shall not exceed 85% of the maximum fee if construction bids are not received, payment to the Engineer shall not exceed 85% of the maximum fee In either case (as described above), the Engineer will receive payment within six (6) months after the City has received the final plans and specifications and contract documents It is specifically understood and agreed that the Engineer shall not be authorized or required to undertake any work pursuant to this Agreement which would require additional PAGE 7 payments by the City of any charge, expense, or reimburse- ment above the maximum fee as stated without having first obtained written authorization from the City F Resident Project Representative If the City elects to have the Engineer furnish the services of a resident project representative to act as the City's on-site representative during the construction phase, the Engineer will furnish these services at a salary cost times a multiplier of 2 0, direct non-labor expenses shall be reimbursed at actual cost times a multiplier of 1 00 If a resident project representative is required by the City, the services provided by the Engineer shall be as described in the attachment, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative", at the City's written request and authorization G Time of Completion The Engineers shall submit the preliminary engineering report within three (3) months and shall submit plans and specifications and contract documents within nine (9) months following authorization to proceed H Termination This Contract may be terminated dt any time by the Owner, without penalty or liability except as may otherwise be specified herein provided the Engineer will be entitled to compensation for work performed prior to termination I Arbitration No arbitration arising out of, or relating to this Agreement may include, by consolidation, joinder or in any other manner, any additional party not a party to this Agreement J Successors and Assignments The Owner and the Engineer each binds himself, successors, executors, administrators and assigns to the other party to this Agreement, and to the successors, executors, administrators, and assigns of such other party in respect of all covenants of this Agreement Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other PAGE 8 K Indemnification Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury or property or third persons occasioned by any error, omission or negligent act of Engineer, its officers, agents, employees, invites, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Engineer will, at its cost and expense, defend and protect the City against any and all such claims and demands This Contract is executed in two counterparts IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written CITY OF DENTON, TEXAS, OWNER BY ATTEST pRIffARD R DEBRA f Z /zr ,~v CITY OF DENTON, TEXAS FREESE & NICHOLS, INC , ENGINEER BY C!-/ ~we~-P KOBERf NICHOLS VICE-PRESIDENT ATTEST PAGE 9 APPROVED AS TO LEGAL FORM