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HomeMy WebLinkAbout1987-09318171 i " AN ORDINANCE APPROVING A CONTRACT BETATFFN THE CITY OF DENTON ANP FRFESE AND NICHOLS, INC FOR ENGINEERING SFRVICES AND DFCLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON hFRFBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves an agreement between the City and Freese and Nichols, Inc for engineering services in accordance with said agreement and the Mayor is hereby authorized to execute the agreement on behalf of the City SECTION II That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this/w day of , 1987 R S S, A OR -- CITY F DENTON, TEXAS ATTEST 4DJEC AR*EONW�TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TFXAS BY 4�19-1 1817L THE SPATE OF TEXAS S COUNTY OF DENTON S AGREEMENT BETWEEN THE CITY OF DENTON TEXAS AND FREESE AND NICHOLS, INC FOR ENGINEERING SERVICES Phis reement made, entered into and executed this the 4 day of 1987, by and between the City of lle ton, hereina ter lle the "OWNER" and Freese and Nichols, Inc , hereinafter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER WITNESSETH That in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow Tne Project shall include engineering design services required to prepare plans and specifications for the construction of a new high service pumping unit and new raw water pumping unit for Denton Water Treatment Facilities SECTION II PERIOD OF SERVICE This Agreement shall become effective OWNER and the ENGINEER and shall remain in which may reasonably be required for the including Additional Services and any approved by the OWNER SECTION III BASIC SERVICES upon execution by the force for the period design of the project required extensions The ENGINEER shall render the following professional services for the development of the Project A High Service Pum in Units Prepare plans and specifica- t ons or the purchase and installation of High Service Pumping Unit No 6 to be installed in the existing high service pump station The proposed pump will be similar to existing Pump No 5 with respect to pumping capacity and total dynamic head conditions In addition, the following specific tasks will be performed in connection with the design 1 Prepare separate plans and specifications for the pre- purchase of the pumping unit, check valve and pump control valve 2 Prepare separate plans and specifications for instal- lation of the pre -purchased equipment and construction of additional piping, electrical and instrumentation work required in connection with the pumping unit Estimated Time Required (Hrs) Principal -in -Charge 2 Project Manager 12 Project Engineer 126 Technician 60 Clerical 36 Expenses $800 B Raw Water Pum in Unit Prepare plans and specifications t or e replacemenexibLing c w Water al Pump No with and a related valves, piping new, minimum fGD raw ollowingater tasksmpwill appurtenances rperformed in connection with the design 1 Analyze the hydraulic capacity of the existing raw water pipelines and determine the maximum capacity pump that can be installed in the pumping system The City of Denton will perform C-factor testing of the existing piping system and provide the information to the Engineer for the hydraulic analysis Prepare and submit to the City a letter report outlining the findings of the analysis 2 Prepare purchasesofatheetwoans and speed pumping un tlonpre- purchase valve and pump control valve 3 Prepare separate plans and specifications for the installation of the pre -purchased equipment and construction of piping, electrical and instrumentation work required in connection with the pumping unit PAGE 2 4 Analyze the capacity of the existing pump station surge control valve and prepare plans and specifications for replacing the valve, if required This item will be incorporated in the plans and specifications under Paragraph 2 b, if required Estimated Time Required (Hrs) Principal -in -Charge 4 Project Manager 14 Project Engineer 152 Technician 100 Clerical 36 Expenses $745 C Assist the City in advertising each separate project, assist the City in receiving bids, evaluate the bids received, make recommendations for contract award, and conform documents for contract execution Estimated Time Required (Hrs) Project Manager 10 Project hngineer 84 Clerical 4 Expenses $120 ll Conduct pre -construction conference for the installation contracts and furnish general representationrelating to site visits (one visit per month), processing pay estimates, and shop drawing review in accordance with the requirements of the General Conditions of the construction contract documents during construction Estimated Time Required (Hrs) Project Manager 16 Project Engineer 88 Expenses $160 SECTION IV COMPENSATION rreese and Nichols agrees to perform the services outlined under the Scope of Work on the basis of salary cost plus the cost of salaries of staff personnel for time directly chargeable to the project times a multiplier of 2 5, and direct expense in PAGE 3 accordance with the Freese and Nichols, Inc Is established hourly rates (Attachment A) The projected fee for services is $37,100 00, based on estimated workhours and expenses described herein The actual fee will be based on actual salary costs and expenses chargeable to the project using the multipliers described above Salary cost and expenses are as defined below A Salar Cost Salary Cost is defined as the cost of salar� engineers, draftsmen, stenographers, survey men, clerks, laborers, etc , for time directly chargeable to the project, plus social security contributions, unem- ployment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto (Salary Cost is equal to 1 39 times salary payments This factor is adjusted annually) E Other Direct Expense Other direct expenses shall include computer printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work Any applicable taxes are not included in the Jump sum amount and will be added to the applicable ser- vices and expenses However, if the OWNER is exempted by statute from payment of such taxes, no additional payment to ENGINEER shall be required SECTION V ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are conducting witness testing for the pumping units Fees for such additional services are not included in this contract Payment for any such services shall be based upon the charges shown in Exhibit A SECTION VI RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the service of ENGINEER A Designate in writing a person to act as OWNER's represen- tative 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 ENGINEER's services for the Project PAGE 4 B Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance require- ments, flexibility and expandability, and any budgetary limitations, and furnish copies of all design and construction standards which OWNER will require to be included in the design C Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project SECTION VII TIME OF COMPLETION The ENGINEER will commence work on the Project immediately upon execution of this contract The ENGINEER shall complete the work within 90 days after authorization to proceed SECTION VIII INDEMNITY AGREEMENT ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement In the event of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and OWNER, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence attributable to the party SECTION IX ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval PAGE 5 SECTION X TERMINATION OF CONTRACT the obligation to provide services under this Agreement may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party In the event of any termination, ENGINEER iwill be ncurrredpaid for to the all dateservices terminationand and,reimbursable additionl,eRses all reimbursable expenses directly attributable to termination SECTION XI SUCCESSORS AND ASSIGNMENTS UWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administra- said party, in legal respecteofe allatives covenantsI,dagreements assigns) and obligationsother of this Agreement Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limita- tion, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing contained in this paragraph shall prevent ENGINEER from employing asuch pproiriatend ontassistiin associatesand performances as ENGINEER of services may deem appropriate hereunder Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Owner and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party This Agreement (consisting of pages one to seven inclusive) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written ornd rsta dedgs cancelledThis ee- ment may only be amended, supplemented, by a duly executed written instrument PAGE 6 Tnis contract is executed in two counterparts IN TE TIMONY HEREOF, we have day of _2��0 1987 ATTEST APPROVED AS TO LEGAL FORM DBBRA ADAMI DRAYOVITCH CITY ATTORNEY B Y ATTEST executed this Agreement, the /6� CITY OF DENTON, TEXAS, OWNER By RAY PHEN MAYOR FREESE AND NICHOLS, INC , ENGINEER BY F�_�It'�� ROBERT L NICHOLS EXECUTIVE VICE PRESIDENT PAGE 7 ATTACHMENT A SCHEDULE OF HOURLY RATES Classification Hourly Rate Principal -in -Charge $37 50 Project Manager 23 15 Project Fngineer 19 60 Technician 9 15 Clerical 8 75 PAGF 8