HomeMy WebLinkAboutResolution No. 04-42 RESOLUTION NO. 04-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND FREESE AND NICHOLS, INC. FOR
PREPARATION OF A WASTEWATER SYSTEM MASTER PLAN,
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: PREPARATION OF A WASTEWATER
SYSTEM MASTER PLAN; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with FREESE AND NICHOLS, INC, which is attached hereto and incorporated
herein by reference as Exhibit "A," under the terms and conditions provided therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay a sum not to
exceed $103,320.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Engineering Services Contract, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of
the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 7 day of June, 2004.
J/~n Dillard, Mayor
A~I/'I'gSI'// · . - {.01ty of The Colony, Texas
Chr~tie Wilson, City Secretary
[CITY SEAL]
R~'~ert E. ]~ ~, City Attorney
63918
Freese
NichoLs, ~nc. Engineers Environ mental Scie ntists Architects
4055 International Plaza, Suite 200 Fort Worth, Texas 76109817 735-7300 817 735-7491 fax www.freese.com
June 4, 2004
Mr. Gordon Scruggs, City Engineer
City of the Colony
6800 Main Street
The Colony, TX 75056
RE: Task Order 9
Wastewater System Master Plan
Dear Mr. Scruggs:
Freese and Nichols is pleased to submit Task Order No. 9 - The Colony Wastewater System Master Plan
and requests Authorization to Proceed in accordance with our General Agreement for Professional
Services dated November 6, 2001.
Task Order No. 9 is for The Colony Wastewater System Master Plan. Freese and Nichols has been
involved in performing wastewater master plans for municipalities throughout Texas for many years. My
15 years at Freese and Nichols has been focused on performing water and wastewater master plans, and I
presently serve on the AWWA National Water/Wastewater Planning Committee. My project team
includes myself as project manager, Robert McGee, P.E. as assistant project manager and Richard
Weatherly as design engineer, all of which has significant wastewater planning and modeling experience.
The proposed fee for the wastewater system master plan including flow monitoring and a separate
technical memorandum on the Wynnwood Peninsula system hydraulics is $98,400.
Freese and Nichols appreciates the opportunity to submit this engineering Task No. 9 and we look
forward to assisting the City of The Colony in your wastewater system planning efforts. Please sign both
copies of this letter and return one for our files as Authorization to Proceed and retain one for your
records. If you have any questions, please contact me at 817-735-7238 or Robert McGee at 817-735-
7260.
FREESE AND NICHOLS, INC. CITY OF THE COLONY
Thomas W. Haster, P.E. Name
Principal
Signature
Date
R:\Contracfi2004\TheColony-WW Master Plan
TASK NO. 9
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between
the City of the Colony (City) and FNI providing for professional cngthcering services.
I. Data Collection and Field Testing
A. Project Kickoff Meeting: FNI will meet with The Colony to review scope and schedule of
thc project and critical milestones. FNI will prepare a memorandum outlining data
needed for the ~vastewater study.
B. Review with City Wastewater Flow Monitoring Locations: Meet with City to review and
recommend up to four wastewater flow monitoring locations to collect data for each of
the existing major sewer areas.
C. Install Temporary Wastewater Flow Meters and Rain Gauges for 30 Day Period: FNI will
review with City selected manholes in the field to verify flow meter locations and install
flow meters for a period of 30 days to obtain both dry and wet weather flows.
D. Review and Obtain As-Built Data for Major Wastewater Facilities: FNI will meet with
City and obtain as-built records for wastewater facilities in the development of the
~vastewater model.
E. Review Wastewater Metering and SCADA Records: FNI will obtain from City existing
wastewater metering records at The Colony Wastewater Treatment Plant and the
NTMWD Indian Creek Lift Station and the top 20 largest wastewater customers and their
locations within the City.
F. Conduct Wastewater Flow Monitoring Data Analysis: FNI will review flow monitoring
results and develop dry and wet weather flows, quantity of infiltration and inflows from
each sewer basin for various storm events.
II. Wynnwood Peninsula Lift Station and Force Main Technical Memorandum
A. Develop Wastewater Flow Projections for Existing 5-year, 10-year, and Buildout
Conditions for the Wynnwood Peninsula Area: Utilizing population projections, and
historical domestic per capita and commercial per acre wastewater flows and I/I
allowances, FNI will project average day and peak hour wastewater flows for existing
and buildout conditions.
B. Determine Lift Station and Force Main Capacity Requirements: Utilizing projected
wastewater flows, FNI will develop the lift station and force main capacity requirements
for 5-year, 10-year and buildout conditions.
C. Prepare Technical Memorandum: FNI will prepare a technical memorandum
highlighting the projected wastewater flows and recommended lift station and force main
capacities.
D. Meet with City to Review Technical Memorandum: Meet with City to discuss the
Technical Memorandum.
E. Revise Technical Memorandum: FNI will address the City's comments and deliver five
copies of the Technical Memorandum.
III. Wastewater Model Development and Analysis of the Existing System
A. Meet with City GIS personnel to Review GIS Data Structure: Meet with City to review
GIS coverage, updating process, and available attribute data and to discuss options to
support wastewater model in the future.
B. Review and Identify Critical Wastewater Lines Needed for Model Development: FNI
will analyze wastewater GIS data and select all 10-inch and lager wastewater lines as
well as smaller lines critical to providing sufficient model coverage throughout the city to
adequately represent system operation.
C. Conduct Modifications to GIS Data for Data Connectivity Problems and to Complete
Required Attribute Information: FNI will conduct modifications to address connectivity
issues within GIS data and utilize as-built data to populate pipe material, ground and
invert data.
D. Utilize Wastewater Field Testing Results to Develop Flow Data for Existing Wastewater
Model Input: FNI will utilize flow monitoring data and historical meter records to
develop existing wastewater flows for populating existing wastewater model.
E. Distribute Existing Wastewater Flows throughout City and Conduct Model Calibration:
FNI will distribute calculated wastewater flows throughout system and conduct model
calibration by adjusting peaking values, diurnal curve and wastewater flow distribution.
F. Perform Modeling of the Existing Wastewater System: FNI ~vill utilize calibrated
wastewater model to analyze and evaluate the existing wastewater system for peak flow
conditions to determine existing capacity and to identify deficiencies within the existing
system.
G. Meet with City to Review Wastewater Model Calibration and Analysis of the Existing
System Results: FNI will prepare mapping showing comparison of wastewater meter
results vs modeling results for wastewater model calibration and prepare maps showing
surcharged and overloaded areas in the existing system for peak wastewater flow
conditions.
IV. Wastewater Flow Projections for 5-Year, 10-Year, and Buildout Conditions
A. Review Land Use Assumptions for Wastewater Master Plan: FNI will meet with the City
to discuss existing land uses and current and projected NCTCOG population projections,
and update population projections as necessary for 5-year, 10-year, and Buildout
Conditions utilizing NCTCOG traffic survey zones.
B. Evaluate Historical Wastewater Flows: Review and evaluate historical wastewater flows
over the last five year time period by domestic flows, commercial flows and infiltration
and inflows. Domestic flows will be evaluated using per capita contribution.
Commercial flows will be evaluated using per acre flows contribution. Infiltration and
Inflo~v allowances will be developed using a 5-year storm event based on EPA
recommendations.
C. Develop Projected Wastewater Flows for 5-year, 10-year, and Buildout Conditions:
Utilizing land use data and population projections, and historical domestic per capita and
commercial per acre wastewater flows and infiltration/inflow allowances, FNI will
project average day and peak hour wastewater flows for each of the future planning
periods.
D. Distribute Future Wastewater Flows throughout City: Distribute future wastewater flows
for each operating condition throughout each sewer basin using land use assumptions and
population projections. Large industrial and commercial demands will be distributed as
point loads to the wastewater system model.
V. Wastewater System Modeling Analysis for Future Planning Periods
A. Develop Future Wastewater Models for Each Planning Period' FNI will develop
wastewatcr models using projected wastewatcr flows for each of the future planning
periods. Models will bc developed using projected wastewater flows.
B. Utilize Future Wastcwater Models to Determine Sizing and Recommended Timing of
Wastewatcr Collection System Improvements: FNI will determine wastewater system
interceptor, collector line and lift station facilities needed to serve 5-year, 10-year, and
buildout flows throughout service area using peak modeled wastewater flows.
C. Utilize Future Wastewater Models to Determine Sizing and Recommended Timing of
Wastewatcr Treatment Plant Expansions: FNI will determine wastcwater treatment plant
capacities needed to serve 5-year, 10-year, and buildout flows using average day and
peak modeled wastewatcr flows.
D. Meet with City to Present Wastcwater Modeling Results for Future Planning Periods:
FNI will prepare maps showing surcharge and overloaded areas for future planning
periods and recommend improvements to provide adequate capacity for future
wastewater flow conditions and meet with City to present recommended improvements.
E. Revise Wastewater System Improvements Based on City Comments: Based on
comments received from City, FNI will conduct changes to wastcwater models to
evaluate various wastcwater improvement alternatives and send revised recommended
wastewater improvements to City.
VI. Wastewater System Capital Improvement Plan Development and Master Plan Report
A. Identify Requirements for System Improvements: Identify whether system
improvements are necessary to address growth, deficiencies or system reliability issues
and the impacts improvements will provide for the wastewater system.
B. Develop Capital Improvement Plan (CIP) Costs: Develop costs for each proposed
project. Costs will be in Year 2004 dollars and will include engineering and
contingencies.
C. Develop Draft Project Phasing and Capital Improvement Plan (CIP) Schedule: Develop
draft CIP scheduling of projects based upon wastewater system modeling requirements
and reliability needs. Project phasing will be broken down into recommended start of
engineering, right-of-way acquisition and construction dates.
D. Develop Comprehensive CIP Mapping: Develop large scale citywide maps on aerials
showing proposed projects, costs, and recommended in-service dates.
E. Meet with City to Review Capital Improvement Plan: Meet with City to discuss Capital
Improvement Plan, Project phasing and analyze alternate completion dates as necessary.
F. Prepare Wastewater System Master Plan Report: Prepare wastewater system master plan
report summarizing wastewater modeling, wastewater flows and Capital Improvement
Plan along with descriptions of need for individual projects and submit 3 copies for
review by City.
G. Deliver Final Master Plan Report and Modeling and Flow Projection Files to City: FNI
will address City comments and deliver 15 copies of the final wastewater master plan as
well as all modeling and flow projection files
H. Conduct Presentation of Capital Improvement Plan: Conduct Presentation of Wastewater
Master Plan Report and Capital Improvement Plan to City Council in a Workshop.
ADDITIONAL SERVICES
Additional services will be provided upon request in accordance with the hourly rates on the Attachment
SC Schedule of Charges. In the event either party hereto expresses a desire for Additional Services to be
performed by FNI, FNI shall promptly notify the City in writing whether such Additional Services will
cause an increase in the City's costs or expense. The City and FNI must execute a written change order
reflecting such equitable adjustment resulting in an increase in cost to the City prior to FNI commencing
such work. In the event FNI commences such work without first obtaining a fully executed change order,
it does so at its own risk of payment therefore.
Additional Services to be performed by FNI, if authorized in advance in writing by the City, which are
not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, assessment schedules, and material audits or inventories required for certification of
force account construction performed by the City.
E. Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
F. Visits to the site in excess of the number of trips included in the Scope of Services for periodic
site visits, coordination meetings, or contract completion activities.
G. Providing basic or additional services on an accelerated time schedule. The scope of this service
includes cost for overtime wages of employees and consultants, inefficiencies in work sequence
and plotting or reproduction costs directly attributable to an accelerated time schedule directed by
the City.
H. Providing services made necessary because of unforeseen, concealed, or differing site conditions
or due to the presence of hazardous substances in any form.
I. Preparing statements for invoicing or other documentation for billing other than for the standard
invoice for services attached to this professional services agreement.
TIME OF COMPLETION
Both parties agree that time is of the essence in performance of this Agreement. FNI is authorized to
commence work on the Project upon execution of this Agreement and agrees to complete the services in
accordance with the following schedule:
· Tasks I, II and III by October 30, 2004
· Tasks 1V and V by December 31, 2004
· Task VI by February 15, 2005
If Services are delayed due to fault of FNI, then in addition to any other remedies available to The City in
this Agreement, The City may direct that the Services be accelerated by means of overtime, additional
employees and/or consultants. All costs directly associated with such acceleration shall be reimbursable
as a cost of Services, but shall not increase the lump sum fee, unless the parties agree otherwise in writing
as evidenced by a fully executed written change order.
If FNI's Services are delayed through no fault of FNI, FNI shall be entitled to adjust the contract schedule
consistent with the number of days of delay. These delays may include, but are not limited to, delays in
The City or regulatory reviews, delays on the flow of information to be provided to FNI, governmental
approvals, or any other event beyond the control of The City or FNI. These delays may result in an
adjustment to compensation as outlined in this Agreement and in Attachment CO.
FNI agrees to perform its Services in a timely manner. In so doing, FNI agrees to examine all
information, studies, reports, sketches, drawings, specifications, proposals, comments, and other
documents presented by The City, obtain the advice of an attorney, insurance counselor and other
consultants as FNI deems appropriate for such examination and render in writing decisions, if any,
pertaining thereto and proposed change orders within a reasonable time so as not to delay The City or the
Services of FNI.
Notwithstanding anything in this Agreement to the contrary, the Time of Completion of the Project can
only be changed by a written amendment signed by both parties. Any claim for extension of the Time for
Completion shall be based upon written notice from the party making the claim to the other promptly, but
in no event later than three (3) days, after the occurrence of the event giving rise to the claim.
RESPONSIBILITIES OF THE CITY
The City shall perform the following in a timely manner so as not to delay the services of FNI:
A. Provide mapping information necessary to develop storm water utility fee rates for residential and
commercial units. This information includes Denton Central Appraisal District database files for
the City, individual commercial site plans, and other mapping data maintained or available to the
City.
B. Provide an electronic version of the current water utility database. The database is necessary for
associating fees to individual utility accounts and will also serve as the address list for the fact
sheet mailer.
C. Secure locations for Town Hall meetings, and provide basic meeting needs, such as tables and chairs.
D. The individual designated as the City's representative with respect to the services to be rendered
under this Agreement is as set forth in Article V hereto. Such person shall have contract authority
to transmit instructions, receive information, interpret and define the City's policies and decisions
with respect to FNI's services for the Project.
E. Provide all criteria and full information as to the City's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which the City will require to be included in the drawings and specifications.
F. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
G. Arrange for access to and make all provisions for FNI to enter upon public and private property
as required for FNI to perform services under this Agreement.
H. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as the
City deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of FNI.
I. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
J. The City shall make or arrange to have made all subsurface investigations, including but not
limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. The City
shall also make or arrange to have made the interpretations of data and reports resulting from
such investigations. All costs associated with such investigations shall be paid by the City.
K. Provide such accounting, independent cost estimating and insurance counseling services as may
be required for the Project, such legal services as the City may require and such auditing service
as the City may require to ascertain how or for what purpose any Contractor has used the monies
paid under the construction contract.
L. Give prompt written notice to FNI whenever the City observes or otherwise becomes aware of
any development that affects the scope or timing of FNI's services, or any defect or
nonconformance of the work of any Contractor.
M. Furnish, or direct in writing FNI to provide, any other services that the City determines are
necessary, including but not limited to, Additional Services as stipulated in this Agreement.
N. Bear all costs incident to compliance with the requirements of this Agreement.
DESIGNATED REPRESENTATIVES
FNI and The City designate the following representatives, and hereby agree and represent that such
individuals shall have contract authority to transmit instructions, receive information, interpret and define
their respective party's policies and make necessary decisions with respect to this Agreemem.
The City's Designated Representative:Name: Gordon Suruggs, City Engineer; 6800 Main Street,
The Colony, Texas 75056; Phone: 972-624-3137; Fax: 972-624-2308; E-mail: gscruggs~ci.thc-colony.tx.us
The City's Accounting Representative: Name: Address:
Phone: Fax: E-mail:
FNI's Project Manager: Robert McGee; 4055 International Plaza, Suite 200, Fort Worth, Texas 76109;
Phone: 817-735-7260; Fax: 817-735-7492; E-mail: rhm~,freese.com
FNI's Accounting Representative: Jana V. Collier; 4055 International Plaza, Suite 200, Fort Worth,
Texas 76109; Phone: 817-735-7354; Fax: 817-735-7496; E-mail: jvc~freese.com
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Compensation to FNI for the Basic Services in the Task 1 of thc Scope of Services shall be for a lump sum
total of Ninety Eight Thousand Four Hundred Dollars ($98,400.00). The fcc for each task is provided below:
B. Schedule of Charges for Additional Work:
Staff Member Salary Cost Times Multiplier of 2.27
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of salaries (including sick leave, vacation, and holiday pay applicable
thereto) plus unemployment and payroll taxes and contributions for social security, employment
compensation insurance, retirement benefits, medical and other insurance, and other miscellaneous
benefits.
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence a~vay from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members. For CAD services performed In-house by non-FNI
employees where FNI provides workspace and equipment to perform such services, these services will be
billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was
performing the same or similar services.
Rates for In-house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Binding
$5.75 per book
Testing Apparatus
Density Meter $350.00 per month
Gas Detection $ 10.00 per test
3-10-04