HomeMy WebLinkAboutOrdinance No. 03-1504 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 0,'~'~ i~'~-~q
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH FREESE-NICHOLS, INC. TO PREPARE CONSTRUCTION PLANS
FOR IMPROVEMENTS AT THE STEWART CREEK WASTEWATER
TREATMENT PLANT; THE APPROVED FORM OF CONTRACT AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Freese-Nichols, Inc. to prepare construction plans
for improvements at the Stewart Creek Wastewater Treatment Plant. The approved form of contract
is attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 17th day of November, 2003.
APPROVED:
J~m Dillard, Mayor
ATTEST:
Patti A. Hicks, City Secretary
City ~ttom~
SCOPE OF SERVICES - TASK ORDER NO. 5
Wastewater Collection System And Treatment Plant Improvements
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of this Task Order:
TASK DESCRIPTION
This Project consists of professional engineering services to design improvements to the City of
The Colony's wastewater treatment plant. Purpose of the project is to modify the City's existing
WWTP to provide nitrification capability at a reduced average daily flow rate of 2.3 MGD. Work
anticipated for this project includes:
1. Preliminary Design and Design for modifications to the existing wastewater treatment plant
to provide nitrification for an average daily flow rate of 2.3 MGD. Work will include design
of modifications to the existing contact stabilization basins, aeration equipment, RAS/WAS
pumping, chlorine contact chamber, and associated miscellaneous electrical, site civil and
mechanical improvements.
2. Preliminary Design and Final Design of wastewater conveyance systems, lift stations and
other collection system improvements shall be performed under a separate task order.
3. Advertisement and Bid Phase, Construction Phase and Resident Representation services shall
be performed under a separate task order.
BASIC SERVICES: FNI shall render the following professional services in connection with this
project:
1. Preliminatw Design Phase: Upon execution of this Task Order, FNI shall:
a. Conduct preliminary design kickoff meeting with the OWNER to review the scope of
services, verify the OWNER's requirements for the Project, and review available data.
b. Prepare preliminary design associated with this work, including preliminary drawings
and specification outline and present 5 copies of the draft and final preliminary design
memorandum.
c. Assist the City in preliminary discussions with other entities as needed including TCEQ
for purposes of plant design efforts.
2. Final Design Phase: FNI shall provide professional services in this phase as follows:
a. Conduct final design kickoff meeting with the OWNER to review scope of services,
verify OWNER requirements and review available data. Kickoff meeting shall review
selected design alternatives, preliminary design documentation, and gather any additional
information needed for final design. Design documents and agenda shall be presented to
the City a minimum of one week prior to the meeting.
b. Prepare drawings, specifications, Construction Contract Documents, designs and layouts
of improvements to be constructed.
c. Meet with the OWNER at the 50% and 90% design completion levels to discuss overall
project status and get input and comments on the design progress from the City. Design
documents and agenda shall be presented to the City a minimum of one week prior to
each progress meeting.
d. Advise OWNER of need for and recommended scope of subsurface investigations,
special analysis, hydraulic model studies, mapping, etc., and the retention of special
consultants. The cost of such services shall be paid by the OWNER and are not included
in the services performed by FNI.
e. Furnish OWNER, when requested, the engineering data necessary for applications for
routine permits and easements required by local, state and federal authorities.
f. Submit drawings, specifications, and Construction Contract Documents for approval by
applicable federal and state agency(s), where required.
g. Furnish such information necessary to utility companies whose facilities may be affected
or services may be required for the Project.
h. Prepare revised opinion of probable construction costs at the 50% and 90% completion
levels.
i. Prepare Final Engineering Design Memorandum in accordance with regulatory
guidelines. Furnish five (5) copies of final memorandum to the OWNER for OWNER
use.
j. Prepare bidders proposal forms for the improvements to be constructed.
k. Furnish OWNER five (5) sets of copies of drawings, specifications, and bid proposals
marked "preliminary" for approval by OWNER. Upon final approval by OWNER, FNI
will provide five (5) sets of copies of"final" drawings.
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above-described basic services, are described as follows:
1. Field layouts or the furnishing of construction line and grade surveys.
2. Coordinate the work of testing laboratories and inspection bureaus required for the testing
or inspection of materials, witnessed tests, factory testing, etc. for quality control of the
Project.
3. GIS mapping services or assistance with these services.
4. Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
5. Providing renderings, model and mock-ups requested by the OWNER.
6. Making revisions to drawings, specifications or other documents when such revisions are 1)
consistent with approvals or instructions previously given by OWNER or 2) due to other
causes not solely within the control of FNI.
7. Providing consultation concerning the replacement of any Work damaged by fire or other
cause during the construction, and providing services as may be required in connection with
the replacement of such Work.
8. 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 OWNER.
9. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
10. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
11. Conducting pilot plant studies or tests.
12. Preparing Operation and Maintenance Manuals or conducting operator training.
13. Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally
or by deposition, and preparations therefore before any regulatory agency, court, arbitration
panel or mediator.
14. Assisting OW2qER in claims disputes with Contractor(s).
15. Field surveying required for the preparation of designs and drawings.
16. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
17. Providing environmental support services including the TCEQ and COE permitting
assistance, and other assistance required to address environmental issues.
18. Providing geotechnical engineering services including soil boring analysis and preparation
ofa geotechnical engineering report for design of proposed improvements. Provide five (5)
copies of Geotechnical Report for OWNER's use.
19. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
20. Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any, shall
be furnished by FNI on a fee basis negotiated by the respective parties outside of and in
addition to this AGREEMENT.
21. Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses, and
other assistance required to address environmental issues.
22. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
23. 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.
24. Services required to resolve bid protests or to rebid the projects for any reason.
25. Visits to the site in excess of the number of trips included in Basic Services for periodic site
visits, coordination meetings, or contract completion activities.
26. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
27. Providing services after the completion of the construction phase not specifically listed in
Basic or Special Services.
28. Providing basic or additional services on an accelerated time schedule. The scope of this
service include 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 OWNER.
29. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
30. Providing services to review or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
31. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
32. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
33. Provide follow-up professional services during Contractor's warranty period.
TIME OF COMPLETION: 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:
1. BASIC SERVICES
a. Preliminary Design Phase Services - 2 months from Notice to Proceed
b. Final Design Phase Services - 4 months from completion of Preliminary Design
Anticipated Notice to Proceed is November 31, 2003. Anticipated project completion date is
May 31, 2004.
IF FNI's services are delayed or suspended in whole or in part by OWNER, or if FNI's services
are extended by the Contractor's actions or inactions for more than 90 days through no fault of
FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation.
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of FNI:
1. Designate in writing a person to act as OWNER's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to FNI's services for the Project.
2. Provide all criteria end full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performence requirements,
flexibility end expandability, and any budgetary limitations; and furnish copies of all design
and construction standards which OWNER will require to be included in the drawings and
specifications.
3. 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.
4. 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.
5. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultents as OWNER 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.
6. 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.
7. Provide such accounting, independent cost estimating and insurance counseling services as
may be required for the Project, such legal services as OWNER may require or FNI may
reasonably request with regard to legal issues pertaining to the Project including any that may
be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or
for what purpose eny Contractor has used the moneys paid under the construction contract,
end such inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code or order applicable to their
furnishing and performing the work.
8. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident
Project Representative service so the Bidders can be informed.
9. If OWNER designates a person to serve in the capacity of Resident Project Representative
who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of
authority of such Resident Project Representative(s) will be set forth in en Attachment
attached to and made a part of this AGREEMENT before the Construction Phase of the
Project begins. Said attachment shall also set forth appropriate modifications of the
Construction Phase services, together with such adjustment of compensation as appropriate.
10. Attend the pre-bid conference, bid opening, preconstmction conferences, construction
progress and other job related meetings and substantial completion inspections and final
payment inspections.
11. Give prompt written notice to FNI whenever OWNER 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.
12. Furnish, or direct FNI to provide, Additional Services as stipulated in this Task Order or other
services as required.
13. Bear all costs incident to compliance with the requirements of the Responsibilities of
OWNER.
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative - Gordon Scruggs, P.E.
City Engineer
6800 Main Street
The Colony, Texas 75056
Phone: (972) 624-3137
Fax: (972) 624-2308
Email: gscmggs~ci.the-colony.tx.us
FNI's Project Manager - David R. Jackson, P.E.
1701 North Market St.
Suite 500 LB 51
Dallas, TX 75202
Phone: (214) 217-2257
Fax: (214) 920-2565
Email: drj@freese.com
FNI's Accounting Representative - Bill Grozdanich
1701 North Market St.
Suite 500 LB 51
Dallas, TX 75202
Phone: (214) 217-2254
Fax: (214) 920-2565
Emaih bjg~freese.com
COMPENSATION: The total fee for this Task Order shall be computed on the basis of the
original Schedule of Charges but shall not exceed the following:
Basic Services: $84,475
Special Services: $0
If FNI sees the Scope of Services changing so that Additional Services are needed, FNI will
notify OWNER for OWNER's approval before proceeding. Additional services shall be
computed based on the Schedule of Charges.
TOTAL COLLECTION
PHASE 1.0 - PRELIMINARY DESIGN PROJECT EFFORT !O~I~Y DESIGN EFFORT
TASKS 1.01 PROJECT ADMINISTRATION $ 4,694 ~!j $ 2,347
1.02 PROJECT MEETINGS AND WORKSHOPS $ - i]11 $
Pre-Design KickoffMeeting $ 2,333 ;$ ~~ $
50%Pre-designmeeting $ 1,584 i~8~ $
90% Pre-design meeting $ 2,333 ~ $
1.03 WET WELL SIZING AND LOCATION $ 7,603 ; $ 7,603
1.04 EASEMENTS AND CORPS AGREEMENTS $ 1,915
$ 1,915
PRELIMINARY DRAWINGS $ 21,989 $ 10,994
QAIQC $ 2,743 $ 1,372
1.05 REPORT PREPARATION AND PRESENTATION $ 3,866 $ 1,933
LABORSUBTOTAL $ 49,061 $ 26,165
OENERAL EXPENSES
TRAVEL-- MILEAGE $ 241 ~ ~ $ 120
CAI)COSTS $ 1,144i~5~ $ 460
$ 572
COMPUTER COSTS $ 920
GENERAL EXPENSES $ 3,300 $ 1,650
EXPENSE SUBTOTAL $ 5,605 $~ $ 2,802
$ 54,665 ;~; * 28,967
TOTAL COLLECTION
TASK 2.0 -- FINAL DESIGN PHASE PROJECT EFFORT ~L~ DESIGN EFFORT
TASKS 2.01 PRO JECT ADMINISTRATION $ 10,253 $ 5,126
2.02 PROJECT MEETINGS AND WORKSHOPS $' ~;;!; t; ; ~'i~:.~;: $
Final Design Kickoff Meeting $ 2,333 i~ $ 1,166
50% Final Design Workshop $ 1,584 $ 792
90% Final Design Workshop $ 2,333 $ 1,166
2.03 FORCE MAIN AND PS DETAiLED DRAWINGS $ 81,072 $ 81,072
204 FORCE MAIN AND PS SPECIFICATIONS $ 9,518
GRAVITY LINE DESIGN $ 21,989 ~ $ 21,989
WWTP DETAILED DRAWINGS $ 32,220 ~ $
WWTP SPECIFICATIONS $ 8,554
2.05 FINAL ENGINEERINO DESiGN REPORT $ 2,441 ~$ ~2~ $ 1,220
2.06 REVISED CONSTRUCTION COST ESTIMATE $ 3,658 1~ ~g~i~ $ 1,829
2.07 CONSTRUCTABIL1TYREVIEW $ 3,686 ,q ~! $ 1,843
2.08 QUALITY CONTROIJVALUE ENGINEERING $ 9,720 $ 4,860
LABOR SUBTOTA! $ 189,360 $
~ 130,583
GENERAL EXPENSES $
~ i~::~ $ 241
TRAVEL--MILEAGE $ 241
CAD COSTS $ 6,270 ~; ~; r $ 6,270
COMPUTER COSTS $ 3,766 [~: $ 3,766
GENERAL EXPENSES $ 8,800 $ 8,800
EXPENSE SUBTOTAL $ 19,077 ~ i~]~i~i] $ 19,077
$ 208,437 $ 149,660
TOTAL BASIC SERVICES TASKS 1-5 $ 465,288 $ 380,813
ENGINEERING FEE BASIC + SPECIAL TOTAL (TASKS l - 6) $ 585,376 $ 500,901
ESTIMATED OPCC $ 2,600,000 ~0 $ 1,850,000