1999-409AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE
AND NICHOLS, INC, FOR ENGINEERING SERVICES PERTAINING TO THE
PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT
PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the publac anterest to engage Freese and
Nmhols, Inc, a Corporation ("F&N"), to provide professional engineering services to the City
pertmnmg to the preliminary design phase of the Lake Ray Roberts Water Treatment Plant, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional englneenng servmes, and that limited Caty staff cannot
adequately perform the servmes and tasks with ats own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provades that a City may not select a provader of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professaonal engineering servmes, as set forth in the
Professional Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Clty Manager is hereby authorized to execute a Professional
Services Agreement with Freese and Nichols, Inc, for professional engineering services
pertaimng to the prehm~nary desagn phase of the Lake Ray Roberts Water Treatment Plant for
the City of Denton, Texas, m substantially the form of the Professaonal Services Agreement
attached hereto and incorporated herewith by reference
SECTION II That the award of th~s Agreement by the City ~s on the bas~s of the
demonstrated competence, knowledge, and quahficataons of F&N and the abthty of F&N to
perform the servmes needed by the Caty for a fmr and reasonable price
SECTION III That the expenditure of funds as provided an the attached Professional
Servmes Agreement as hereby authorized
SECTION IV That th~s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
,1999
JAC~f'I~LER, MA~'OR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By ~1 ~
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Documents\Ordinances\99kFreese & N~chols PSA Ord Lake Ray Roberls Wtr Ttmt Plant doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE PRELIMINARY DESIGN PHASE OF THE LAKE RAY ROBERTS
WATER TREATMENT PLANT FOR THE CITY OF DENTON, TEXAS
HIS AGREEMENT IS made and entered into as of the day of
t/~//g~"' ,1999, by and between the City of Denton, Texas, a Texas
Munmlpal Corporation, with its principal offices at 215 E McKmney Street, Denton, Texas 76201
(hereafter "OWNER") and Freese and N~chols, Inc, a Texas Corporation, with its offices at 4055
International Plaza, Suite 200, Fort Worth, Texas 76109 (hereafter"CONSULTANT"), the parties
acting herein, by and through their duly-authorlzedrepresentatlves and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Amcles to follow, with diligence and in accordance with the professional standards
customarily obtmned for such services m the State of Texas The professional services set forth
here~n are m connection with the following described proj eot (the "ProJect")
Professional eng~neenng services pertalmng to the preliminary design of Lake Ray Roberts Water
Treatment Plant (LRRWTP), Denton County, Texas
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following basic services in a professional manner
A
To perform those services as set forth in the Scope of Work which xs attached to letter dated
September 28, 1999 from Raymond R Longona, P E, Pnnc~pal of CONSULTANT to P S
Arora, P E, Englneenng Adrmmstrator of OWNER, which letter includes CONSULTANT's
"Scope of Work" and"Fee Proposal" and is a four (4) page document marked as Exhxblt"A",
which Exhxba xs incorporated by reference herein
B
If there ~s any conflict between the terms of this Agreement and the Exhibit attached to this
Agreement, the terms and conditions of this Agreement shall control over the terms and
conditions of the Exhibit
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, whtch are not included as basic services in the above-described Scope of Services, set
forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall determme, m writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
services by the CONSULTANT
ARTICLE IV
PERIOD OF SERVICE
This Agreememt shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remmn in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance with the provisions hereof Time is of the
essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule reasonably
estabhshedby the OWNER, acting through its Assastant City Manager for Utilities, or his designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT ~n the employment of others in outside firms, for services in the
professional engmeenng area, or related serwces Any subcontract or subconsultant
billing reasonably incurred by the CONSULTANT in connectaon with the ProJect shall
be mvmced to OWNER at the actual cost
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT an the performance
of this Agreement for long distance telephone charges, telecopy charges, messenger
services, printing and reproduction expenses, out-of-pocket expenses for purchased
computer time, prudently incurred travel expenses related to the work on the Project,
and similar incidental expenses incurred in connecUon with the Project
B
BILLING AND PAYMENT
For and in conslderatlonof the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basle servaces tasks set forth in the Scope of Services as shown in Article II above, as
follows
CONSULTANT shall perform its work on this Project in substantial accordance
Page 2 of 10
w~th the tasks set forth ~n the "Scope of Work" and "Fee Proposal" referred to ~n Article II A
above, marked as Exh~bat "A", and whmh Exhibit ~s incorporated hereto by reference
CONSULTANT shall be pa~d for servaces rendered pursuant to the Agreement and for all
reasonably recurred out-of-pocket expenses on a lump-sm basis, billed monthly The
OWNER agrees to pay to CONSULTANT for its professional servaces performed, and for ~ts
out-of pocket expenses recurred m the Project, a total mount not to exceed $142,700 00
2 Partml payments ~o the CONSULTANT will be made monthly as progress payments an
accordance wath the statements reflecting the extent of actual completion of the basic
servmes, rendered to and approved by the OWNER through its Assistant Caty Manager for
Utflltaes or has designee However, under no carcumstances shall any monthly statement for
servmes exceed the value of the work performed at the time a statement ~s rendered The
OWNER may w~thhold the final ten (10%) percent of the above not-to-exceed amount until
satasfactory completion of the Project by the CONSULTANT
3 Nothing contmned an th~s Article shall require the OWNER to pay for any work whach
as unsatisfactory as reasonably determined by the Assistant C~ty Manager for Utilities or has
designee, or which as not submitted by CONSULTANT to the OWNER an comphance vath
the terms of th~s Agreement The OWNER shall not be required to make any payments to
the CONSULTANT at any tame when the CONSULTANT as ~n default under thas
Agreement
4 It is spemfically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to th~s Agreement whmh would reqmre addatlonal
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
amount as stated heremabove, without first having obtmned the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Arhcle III "Addational Services" wathout first obta~mng prior written
authorization from the OWNER
C
ADDITIONAL SERVICES For add~taonal servmes authorized in writing by the OWNER
an Artacle III hereanabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges Payments for addat~onal services shall be due and payable upon
submasslon by the CONSULTANT, and shall be in accordance w~th Arhcle V B
here~nabove Statements for basac services and any additional services shall be submitted to
OWNER no more frequently than once monthly
D
PAYMENT If the OWNER fads to make payments due the CONSULTANT for
servaces and expenses w~than saxty (60) days after receipt of the CONSULTANT's undasputed
statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one
percent (1%) per month from and after the smd s~xt~eth (60th) day, and in addmon, thereafter,
the CONSULTANT may, after g~vmg ten (10) days written notme to the OWNER, suspend
services under flus Agreement until the CONSULTANT has been prod in full for all amounts
then due and owing, and not dasputed by OWNER, for services, expenses and charges
Provaded, however, nothng hereto shall reqmre the OWNER to pay the late charge of one
percent (1%) per month as set forth herean, af the OWNER reasonably determines that the
CONSULTANT's work as unsatisfactory, m accordance wath Artacle V B of th~s
Agreement, and OWNER has notffied CONSULTANT of that fact ~n wntang
Page 3 of 10
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dthgence ~n d~scovenng and
promptly reporting to the OWNER any defects or defic~enmes ~n the work of the CONSULTANT
or any of its subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are ~nstruments of serwce and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT ~s entitled to retmn copies of all such documents The documents prepared and
furmshed by the CONSULTANT are ~ntended only to be apphcable to th~s project and OWNER's
use of these documents m other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement m another project or for other purposes than specified here~n any
of the ~nformat~on or matermls developed pursuant to this agreement, CONgULTANT ~s released
from any and all hablhty relatmg to their use m that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an ~ndependent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clmm any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and ~ts
officmls, officers, agents, attorneys and employees from and agmnst any and all habthty, clmms,
demands, damages, losses and expenses, including but not hm~ted to court costs and reasonable
attorney fees incurred by the OWNER, and ~nclud~ng without hm~tat~on damages for bodily and
personal ~njury, death, or property damage, resulting from the negligent acts or om~ssions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance ofttus Agreement
Nothing m th~s Agreement shall be construed to create a habthty to any person who is not a
party to this Agreement and nothing here~n shall wmve any of the party's defenses, both at law or
eqmty, to any clmm, cause of action or ht~gatlon filed by anyone not a party to th~s Agreement,
~ncludmg the defense of governmental~mmunlty, which defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the Servmes under this Agreement, CONSULTANT shall
maintain the following insurance w~th an ~nsurance company hcensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Carriers of at least an "A-" or above
A
Comprehensive General Lmbthty Insurance w~th bodily ~njury hm~ts of not less than
$500,000 for each occurrence and not less than $500,000 ~n the aggregate, and with property
damage hmlts of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B
Automobile Lmblhty Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage hm~ts for not
less than $100,000 for each accident
C
Worker's Compensation Insurance ~n accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident
D Professional Lmbfl~ty Insurance w~th hm~ts of not less than $1,000,000 annual aggregate
E
CONSULTANT shall furnish insurance certificates or insurance pohcies at the OWNER's
request to evidence such coverages The ~nsurance pohcles shall name the OWNER as an
additional insured on all such pohcles to the extent that is legally possible, and shall contain a
prowsIon that such ~nsurance shall not be cancelled or mo&fled without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, dehver copies of any
such substttute pohcles, furnishing at least the same policy hmlts and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part~es may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as medmtxon No arbitration or
alternate d~spute resolution arising out of or relating to, th~s Agreement involving one party's
d~sagreementmay include the other party to the d~sagreemeut without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A
Notwithstanding any other prowslon of th~s Agreement, either party may terminate th~s
Agreement by prowdxng thirty- (30) days advance written notice to the other party
B
This Agreement may be terminated In whole or m part in the event of either party
substantially fmhng to fulfill tts obhgatlons under this Agreement No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mtul,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an opportuntty for consultation with the terminating party prior to
telTfllnatlon
s ,o~ D ...... ,com~9~.~ N~oo,, ~s~ ~,~ R.y ~. ~ ~. Page 5 o f 10
C
If the Agreement ~s terminated prior to completion of the services to be prowded hereunder,
CONSULTANT shall immediately cease all servmes upon receipt of the written notme of
termination from OWNER, and shall render a final bill for services to the OWNER w~th~n
twenty (20) days after the date oftenmnat~on The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to not,ce of termination being received by CONSULTANT, in accordance with Amcle
V ofth~s Agreement Should the OWNER subsequently contract w~th a new consultant for
the continuation of services on the ProJect, CONSULTANT shall cooperate m providing
anformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow
CONSULTANT a reasonable time to transluon and to mm over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may mamtmn cop~es of such documents for ~ts files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and habfllty of the CONSULTANT, ~ts officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to th~s Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such respons~bthty by the OWNER for any defect ~n the design or other work prepared by the
CONSULTANT, its prmmpals, officers, employees, agents, subcontractors, and subconsultants
ARTICLE XIV
NOTICES
All notates, commumcat~ons, and reports reqmred or permitted under th~s Agreement shall be
personally dehvered to, or telecopaed to, or marled to the respective part~es by depos~tmg same in
the Umted States mail at the addresses shown below, postage prepmd, certified marl, return receipt
requested, unless otherwise specffied hereto
To CONSULTANT
To OWNER
Freese and N~chols, Inc
M~ke Nmhols, P E, Vine-President
4055 Intornat~onalPlaza, State 200
Fort Worth, Texas 76109
Fax (817)735-7491
City of Denton, Texas
Howard Mart~n, ACM/Utilities
215 E McK~nney
Denton, Texas 76201
Fax (940) 349-8120
All notices under th~s Agreement shall be effective upon their actual receipt by the party to
whom such not,ce is given, or three (3) days after mathng of the notice, whichever event shall first
ARTICLE XV
ENTIRE AGREEMENT
Ttus Agreement consastmg of ten (10) pages and one (1) Exhibit constitutes the complete and
final expression of the Agreement of the parties and is Intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement as found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenfomeable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enfomeable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply vath all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, rehg~on, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XlX
PERSONNEL
A
CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potentaal conflict of interest that CONSULTANT may discover, or which may arise dunng
the term of this Agreement
B
All services required hereunder will be performed by CONSULTANT or under its direct
supervision All personnel engaged in performing the work provided for in tbas Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any significant change in its corporate structure or in its operations
ARTICLE XXI
MODIFICATION
No wmver or modification of this Agreement or of any covenant, condition, limitation heroin
contmned shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification ~s in writing, duly
executed The parties further agree that the provimons of this Article will not be waived unless as
herein set forth
ARTICLE XXII
MISCELLANEOUS
A
The following exhibit is attached to, ~ncorporated wxthln, and ~s made a part of this
Agreement for all purposes pertinent
Exhlblt"A" - Letter dated September 28, 1999 from CONSULTANT to OWNER with
Scope of Work and Fee Proposal contained therein
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of the CONSULTANT involving
transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access
during normal working hours to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate working space in order to conduct examinations or audits In compliance
with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended
examinations or audits
C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the laws of
the State of Texas
D
For purposes of this Agreement, the parties agree that Raymond Longona, P E, Principal of
CONSULTANT ("Longona") shall serve as the Project Manager of CONSULTANT,
respecting this engagement This Agreement has been entered into with the understanding
that Longona shall serve as the CONSULTANT's ProJect Manager and the key person
serving the OWNER on this ProJect Any proposed changes requested by CONSULTANT,
respecting Longona serving as the key person on the ProJect, shall be subject to the approval
of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing
herein shall limit CONSULTANT from using other qualified and competent members of its
firm to perform the other services required herein, under its supervision or control
E CONSULTANT shall commence, carry on, and complete ~ts work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and In accordance w~th the
provisions hereof In aceomphshmgthe Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carned on by the OWNER
F
The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all avmlable information pertinent to the Project, including previous reports, any other data
relative to the ProJect and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or lnvestlgationlnto such information
G
The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantlveterms or conditions oft his Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through ~ts duly-authorized City Manager, and CONSULTANT
has executed this Agreement by and through its duly-authorized undersigned officer on this the
r~~Oe dayof .~0//'g~J0v~_ ~/~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CITY"
CITY OF DENTON, TEXAS
V ~lvl~ch~e 1 7ex, ~v~a~ger
/Out'Do~lm~nl~t?ollt~a~a~99~lrn~l~ & Nic~o], pSA Lake Ra.v ~/~Call V~ do~ Page 9 o f l 0
"CONSULTANT"
FREESE AND NICHOLS, INC
A Texas Corporation
Mike N~chols, P E, Vlce-Pres~dent
ATTEST
September 28, 1999
FREESE-NICHOLS
Mr P S Arora, P E
City of Denton Water Utilities
215 E, McKxnney
Denton, TX 76201
Proposal for Preliminary Design Phase
Lake Ray Roberts Water Treatment Plant
City of Denton
Off99050/DT63/1160
Dear Mr Arora
The attached spreadsheet is the basis for our estimate of hours and costs to prepare a revised
Prehmlnary Design Report for the Lake Ray Roberts Surface Water Treatment Plant The
design team for the preliminary phase includes Freese and Nichols, Montgomery Watson,
and Gary Juren Arehaects Montgomery Watson will prepare the elements of the PDR
related to the electrical and mstrumentat~on design Gary Juren, the original architect will
be ~nvolved in an advisory role on the revisions to the AdmImstrat]on Building Freese and
Nichols will complete all ofthe other tasks, inclusive of overall project administration Our
prevmusly submitted scope and the attached fee are based on the following
4
5
Reliance on prewous design and analysis, to the extent possible
Increase of the plant design flow from 10 MGD to 20 MGD
Process and design changes will be evaluated and determined in a workshop
setting w~th the DWU staff in FNI's Ft Worth office, per our letter dated
August 27, 1999
Additional survey and geotechnical work will be contracted directly by the
City It is currently antmipated that the existing Information will be adequate
for the revision to the PDR
City of Denton Professional Servtces Agreement ts to be used
The estimated fee ~s $142,700 Th~s is approximately one-fourth of the original preliminary
design phase fee, when the two are compared on a common year basis Th~s represents a
salvage value of our original work of about 75% For the prehminary design phase we
request the compensation bas~s be lump sum, since the scope is clear and it will faclhtate
proJeCt admimstration
Freese and Nichols Inc ~ Engineers , Environmental Scientists . Architects
4055 International Plaza ,~ Suite 200 Fort Worth Texas 76109 4895
817 735 7300 Fax 817 735 7491
Mr PS Arora, PE
August 6, 1999
Page 2 of 2
In that there have been several modifications In the federal regulations pertaining to water
quality and site accessibility and safety, and there have been significant advances in the water
treatment industry an the past 10 years, it as expected that substantial modifications may be
required to the final design elements These will be presented, evaluated and decided upon
by the City dunng the planned workshops Upon completion of the PDR, an estimate of
hours and cost for the final design and construction phase will be prepared based on the
elements modified or supplemented
We hope that tbas information assists you in your decision process and, if you need further
information, please contact us
Very truly yours,
Freese & Nichols, Inc
R Longo a
[ot199050]fl\T \LEThnDR COST PROPOSAL_REV 01 WPD
0 o
_