1985-14411931
NO - Y-.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
Vt)r cr ANTI wTnunT 0 Twin lnn
THE STATE OF TEXAS §
AGREEMENT BETWEEN THE CITY OF
COUNTY OF DENTON 9 DENTON AND FREESE AND NICHOLS, INC
THIS CONTRACT entered into this //day of !~e Z-
1985, between the City of Denton, Texas, hereina e c led the
Owner, acting by and through Richard 0 Stewart, s Ma or, 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 EngineeringServices The Engineer
shall render eng neering sere ces oche development 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 intake line at the raw
water intake structure to permit a wider variation in
depths from which the raw water is taken, as well as
increase intake capacity This will be possible if the
level of Lake Lewisville is raised as planned by the
Corps of Engineers
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
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existing facilities ana 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
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
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
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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 valving 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
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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
Prepare detailed plans and specifications including
surveys, designs and layouts of improvements to be
constructed and contract documents for the improvements
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 dust 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
Prepare estimates of probable construction cost for the
improvements
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
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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
1 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
5 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
6 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
7 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)
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
D 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 awarded, 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 at 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,
1
IC R TEW R
,~1ph?2 ~K~'CZILL~ .rmr__zPJ
DES ADAMI RAY I C Y ATTOKNEY
CITY OF DENTON, TEXAS
ATTEST/
FREESE & NICHOLS, INC , ENGINEER
BY 4&e w'w^~
ROBERT L NI(.HOLS
VICE-PRESIDENT
PAGE 9
APPROVED AS TO LEGAL FORM