1987-1241848L
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND FREESE ~ NICHOLS FOR IMPROVEMENTS AT THE CITY OF DENTON
WASTEWATER TREATMENT PLANT, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves and auth-
orzzes the Mayor and City Secretary to execute and attest,
respectively, the agreement between the City of Denton and Freese
~ Nichols for improvements at the Water Treatment Plant, under
the terms and conditions contained in said agreement which zs
attached hereto and made a part hereof
SECTION II That this ordinance shall become effectzve
zmmediately upon its passage and approval ~
PASSED AND APPROVED this the ~ day of , 1987
ATTEST
23'~3NNIFER WA~,,~i~ERS, CI{Y S~mCRE~;~'~RY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND FREESE AND NICHOLS, INC
FOR ENGINEERING SERVICES
STATE OF TEXAS ()
COUNTY OF ()
This Agreement made, entered into and executed this the day
of , 1987, by and between the City of Denton,
hereinafter called 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 !
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
The Project shall include engineering design services required to prepare
plans and specifications for the construction of Improvements to the Denton
Wastewater Treatment Facilities
SECTION II
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
ENGINEER and shall remain in force for the per~od which may reasonably be
required for the design, award of contract, and construction of the Pro-
ject, including Additional Services and any required extensions approved
by the OWNER
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SECTION III
BASIC SERVICES
The ENGINEER sha~l render the following professional services for the
development of the Project
A Prepare plans and specifications for the construction improvements
to the following facilities
1 Final Clariflers 1~ 2 and 3 The improvements for these fa-
cilltles include structural repairs to the effluent launders,
modification of the sludge removal tubing and valving in
Basin Nos 2 and 3, leveling of the effluent launder in Basin
No 3, and miscellaneous steel replacement and palnt~ng of
all three clartfier mechanisms In addit~on, replacement of
the existing influent valves to each final clartfier
2 Primary Clarifiers 1~ 2 and 3 Replace the effluent weirs and
scum baffles in the three primary clarlflers
3 Effluent Meter Vault Construction of a final effluent meter
vault for metering the wastewater flows discharged from the
p~ant
4 Electrical Switch§ear for Existinq Raw Sewa§e Pumps 1 and 2
The work under this item consists of furnishing and
installing electrical switchgear for Raw Sewage Pumps No 1
and 2 ~n the old raw sewage pump station
Estimated
Time Required (Hrs)
Principal-in-Charge 4
Project Manager 24
Project Engineer 156
Technician 179
Clerical 40
Expenses $1,400 O0
B Assist the City in advertising the project and ~n rece~ving bids,
evaluate the bids received, make recommendation for contract
awards, and conform documents for contract execution
Estimated
Time Required (Hrs)
Project Manager 8
Project Engineer 16
Clerical 4
Expenses $ 150 O0
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C Conduct preconstruction conference for the project and furnish
general representation relating 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
Estimated
Time Required (Hrs)
Project Manager lO
Project Engineer 106
Clerical 10
Expenses $ 450 O0
D Prepare opinions of probable construction cost for the construction
project
Estimated
Time Required (Hrs)
Project Engineer 6
E Prepare record drawings of the project following completion of the
construction
Estimated
Time Required (Hrs)
Project Engineer 2
Technician 8
SECTION IV
COMPENSATION
The ENGINEER agrees to perform the services outlined in Section III, Basic
Services on the bas~s of employee fringe benefit cost plus salaries of
staff personnel for time directly chargeable to the project times a
multiplier of 2 5 and plus other direct expense directly chargeable to the
project The projected fee for services is $27,400 O0 based on estimated
workhours and expenses described herein The actual fee will be based on
actual quantities and costs using the multipliers as described in this
Section Compensation terms are as defined below
A Em@loyee Frln§e Benefit Cost Employee Fringe Benefit Cost
includes costs in addition to payroll that accrue to the direct
benefit of the employee such as Social Security contributions,
unemployment compensation insurance, retirement benefits, medical
and insurance benefits, sick leave, vacation and holiday pay, etc
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(Employee Fringe Benefit Cost is equal to 0 39 times salary
payments This factor is adjusted annually )
B Salaries of Staff Personnel Salaries of Staff Personnel is de-
fined as salary paid directly to staff personnel before any deduc-
tlons
C Other Direct Expense Other direct expenses shall include computer
time, printing and reproduction expense, commun~cation expense,
travel, transportation and subsistence away from Fort Worth and
other miscellaneous expense dlrect~y related to the work Any
applicable taxes imposed by Federal, State or local governments
after the date of execution of the Agreement are not included in
the fee set forth herein and w~l be added to the applicable ser-
vices and expenses However, ~f the OWNER ts exempted by statute
from payment of such taxes and the ENGINEER is therefore not re-
quired to collect such taxes, no additional payment to the
Engineer shall be required
SECTION V
ADDITIONAL SERVICES
Payment for additional services to be performed by the FNGINEER, if
authorized by the OWNER, which are not ~ncluded in the Basic Services
described in Section III, shall be based upon the Schedule of Charges
presented in Exhibit A
SECTION VI
RESPONSIBILITIES OF OWNER
OWNER shall do the fol~owlng in a timely manner so as not to delay the
services of ENGINEER
A 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 Instruc-
tions, receive Information, interpret and define OWNER's polic~es
and decisions with respect to ENGINEER's serwces for the Project
B Prowde a~l criteria and full information as to OWNER's require-
ments for the Project, including design ob2ectives and con-
straints, space, capacity and performance requirements, flexi-
bility and expandability, and any budgetary limitations, and
furnish copies of all design and construction standards which
OWNER will require to be included ~n the design
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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 design phase w~thln 120
days after authorization to proceed
SECTION VIII
OPINION OF PROBABLE CONSTRUCTION COST
The ENGINEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates
Opinions of probable construction cost, financial evaluations, feas~billty
studies, economic analyses of alternate solutions and utilitarian con-
slderatlons of operations and maintenance cost prepared by ENGINEER
hereunder will be made on the basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgement as an experienced
and qualified design professional It is recognized, however, that ENGINEER
does not have control over the cost of labor, material, equipment or
services furnished by others or over market conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the bas~s of the
Report must of necessity be speculative until completion of its detailed
design Accordingly, ENGINEER does not guarantee that proposals, bids or
actual costs will not vary from opinions, evaluations or studies submitted
by ENGINEER to OWNER hereunder
SECTION IX
REVISION TO PLANS AND SPECIFICATIONS
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications after approval by the OWNER as OWNER may deem necessary,
but in such event the OWNER shall pay to the ENGINEER just and equitable
compensation for services rendered in making such revisions
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SECTION X
OWNERSHIP OF DOCUMENTS
AI~ documents prepared or furnished by ENGINEER (and ENGINEER's Independent
associates and consultants) pursuant to this Agreement are instruments of
service and ENGINEER shall retain an ownership and property interest here-
in OWNER may make and retain copies for information and reference, how-
ever, such documents are not intended or represented to be suitable for
reuse by OWNER or others Any reuse by OWNER without written verification
or adaptation by ENGINEER will be at OWNER's sole risk and w~thout
liability or legal exposure to ENGINEER, or to ENGINEER's independent
associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER and ENGINEER's independent associates and consultants from all
claims, damages, losses and expenses including attorneys' fees arls~ng out
of or resulting therefrom Any such verification or adaptlon will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER
SECTION XI
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 ~iability from suits, actions or claims arising out of or
occasioned by the negligence of both the ENGINEER and the OWNER, their
agents or employees, in the performance of this Agreement, each party
shall contribute toward the satisfaction of the l~ab~llty its proport~on-
ate share, which share shall be equal to the percentage of negligence
attributable to the party
SECTION XII
ARBITRATION
No arbitration arising out of, or relating to, th~s Agreement involving
one party to this Agreement may include the other party to this Agreement
without their approval
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SECTION XIII
TERMINATION OF CONTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty days' written notice in the event of substan-
tial 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 will be paid for all services rendered and reim-
bursable expenses incurred to the date of termination and, in addition,
all reimbursable expenses directly attributable to termination
SECTION XIV
SUCCESSORS AND ASSIGNMENTS
OWNER 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, administrators and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obligations of this Agreement
Neither OWNER nor ENGINEER shal~ assign, sublet or transfer any r~ghts
under or interest in (including, but w~thout llmitat~on, moneys that may
become due or moneys that are due) this Agreement w~thout 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 spec~fically 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 such
Independent associates and consultants as ENGINEER may deem appropriate to
assist in the performance of services 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 wi~l 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 to __ Inclusive) constitutes the
entire Agreement between OWNER and ENGINEER and supersedes all prior
written or oral understandings This Agreement may only be amended,
supplemented, modified or cancelled by a duly executed written ~nstrument
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SECTION XV
The following exhibits are attached to and made a part of this Agreement
Exhibit A Schedule of Hourly Rates
Th~s contract is executed in two counterparts
IN T~E~ST~MONY HEREOF, they have executed thls Aqreement, the ~ day
of/~ , 1987
ATTEST CITY OF DENTON, TEXAS, OWNER
~[N~IFER WA~TERS J f ~ RAY STEF~E~¢S, HA~OR
CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH
CITY ATTORNEY
ATTEST FREESE AND NICHOLS, INC ,
ENGINEER
ROBERT L NICHOLS
EXECUTIVE VICE PRESIDENT
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EXHIBIT A
SCHEDULE OF HOURLY RATES
Classification Hourly Rate
Principal-in-Charge $37 50
Project Manager 23 15
Project Engineer lq 60
Technician 9 15
Clerical 8 75
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CHA GIg 01 ?PA W01K 01/DE1
PROJECT Denton Water Treatment Plant Upqrade - Phase 2
CONTRACT No 9657
OWNER Clty of Denton, Texas
CONTRACTOR Tonto ConstrUCElOn Co
CHARGE ORDER NO Nine (9) Revised DATE March 3 1988
CHANGE OR EXTRA WORK TO BE PERFORMED
Revzse ammonza p~pzng to provide 1 ~nch diameter ammonia feed p~plng
throughout the plant and provzde ammonia Gas valves to allow
select~on of feed points at the ammonlators
Amount to be added $ 3 219 ~7
Days to be added 3
The compensatzon acreed upon ~n this Chance or Extra Work Order is a
full complete and £~nal payment for all costs the Contractor may incur
as a result o£ or relatlnc to this chance whether said costs are known
unknown, foreseen or unforseen at this time, lncludlnc without
limitation, any cost for delay, extended overhead, ripple or impact
cost, or any other effect on chanced or unchanced work as a result of
this Chance or Extra Work Order
Previous Contract Amount $ 3 659,~35 sl
Net Increase in Contract Amount 3 219 s7
Kevlsed Contract Amount $ 3 663 055 6~
Net Chan~e in Contract Time oX Completion 3 days
Revlsed contract time of completion July 8, 1988
Recommended by Approved by
Date /6' ~/ /~a~e-
Approved by
CITY OF DENTQN ,~.~// //