Loading...
1987-09318171 NO AN ORDINANCE APPROVING A CONTRACT BETWFFN TItF CITY OF DENTON ANP FRFESE AND NICHOLS, INC FOR ENGINLERING SFRVICES AND DFCLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENION BFRFBY ORDAINS SECTION I That the City Council of the Llty of Denton hereby approves an agreement between the C~ty and Freese and N~chols, Inc for engineering services ~n accordance with sa~d agreement and the Mayor ~s hereby authorized to execute the agreement on behalf of the C~ty SECTION II That the City Council authorizes the expendIture of funds ~n the manner and amount as specified ~n the agreement SELTION III That this ordxnance shall become effective immediately npon ~ts passage and approval PASSED AND APPROVED thls/~daY of ~ , 1987 CITY ~F DENTON, TEXAS ATTEST JENNER '~ERS, -C ITY SECR ARS CIT~ DE~ON, TEXAS APPROVED ~S TO LEGAL FORM DEB~A ~DAMI DR~YOVITCH~ CITY gTTORNEY CITY OF 3ENTON~ T~X~S 18f7L THE SFATE OF TEXAS § A~REEMENT BETWEEN THE CITY OF DENTON TEXAS AND FREESE AND NICHOLS, COUNTY OF DENTON § INC FOR ENGINEERING SERVICES faxs ~reement made, entered into and executed this the ~/~_~_n~ day of ~'~~, 1987, by and between the City of De~ton, herelna~ ~he "OWNER" and Freese and Nichols, Inc , ~erelna£ter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER WITNESSBTH Rhat 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 serwces in connection wlth the Project as stated ~n the sections to follow, and for hawng rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow Tile Project shall include engineering design serwces 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 bERVICE 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 of the project including Additional Serwces and any required extensions approved by the OWNER SECTION III BASIC SERVICES The ENGINEER shall render the following professional services for the development of the Project A Htgh Servzce Pumptn~ Untts Prepare plans and spectftca- lions for the purchase alLd tnstallatlon of High Service Pumptng Unzt No 6 to be tnstalled tn the extsttng htgh serwce pump statton The proposed pump will be szmllar to extsttng Pump No S wzth respect to pumptng capactty and total dynamzc head condzttons In addztton, the followtng speclfzc tasks wtll be performed zn connectton w~th the desxgn 1 Prepare separate plans and spectflcatzons for the pre- purchase of the pumpxng unxt, check valve and pump control valve 2 Prepare separate plans and spectfzcatlons for tnstal- latzon of the pre-purchased equxpment and constructxon of addttzonai plpzng, electrtcal and znstrumentatxon work requzred in connectzon with the pumptng unxt Estxmated Ttme Requxred (Hrs) Pnncxpal-tn-Charge 2 Project Manager 12 Project Engineer 126 Technxctan 60 Clerical 36 Expenses $800 B Raw Water Pumping Unit Prepare plans and specifications for the replacement of ex~sttng Raw Water Pump No 3 and related valves, ptp~ng and electrical equtpment w~th a new, m~n~mum 8 MGD raw water pump and appurtenances In addttton, the following tasks wtll be performed in connectxon wtth the destgn 1 Analyze the hydraulzc capactty of the exzstlng raw water pxpelxnes and determzne the maxtmum capacxty pump that can be tnstalled tn the pumptng system The City of Denton wxll perform C-factor testing of the extsttng ptptng system and provtde the tnformatzon to the Engtneer for the hydraulxc analysts Prepare and submxt to the City a letter report outltntng the fxndtngs of the analysts Z Prepare separate plans and speczflcatxons for the pre- purchase of the two-speed pumpzng unit, check valve and pump control valve 3 Prepare separate plans and spectftcattons for the tnstallatxon o£ the pre-purchased equzpment and constructton of ptplng, electrzcal and xnstrumentatton work requtred tn connectton wzth the pumpxng untt PAGE 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 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 (}Irs) Project Manager 10 ProJect Engineer 84 Clerical 4 Expenses $120 D Conduct pre-construction conference for the ~nstallatlon contracts and furnish general representation relating to s~te visits (one visit per month), processing of 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 kreese and Nichols agrees to perform the services outlined under the bcope 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 PAGE 3 accordance with the Freese and Nichols, Inc ,'s established hourly rates (Attachment A) The projected fee for serwces 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 Salary Cost Salary Cost ~s defined as the cost of salaries o~ 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 ~s equal to 1 39 times salary payments This factor ~s adjusted annually) B 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 lump 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 authorxzed by the OWNER, which are not ~ncluded in the above described basic services, are conducting witness testing for the pumping units Fees for such additional serwces are not included in th~s contract Payment for any such services shall be based upon the charges shown in Exhibit A SECTION VI RESPONSIBILITIES OF OWNER O~NER 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 O~NER's policies and decisions with respect to ENGINEER's servxces for the Project PAGE 4 B ?rovlde all criteria and full information as to OWNER's requirements for the Project, ~nclud~ng design object,yes and constraints, space, capacity and performance require- ments, flexibility and expandab~l~ty, and any budgetary limitations, and furnish copies of all design and construction standards which OWNER w~ll require to be ~ncluded ~n the design C Assist ENGINEER by placing at ENGINEER's disposal all available ~nformatlon pertinent to the Project ~nclud~ng previous reports and any other data relative to design or construction of the Project SECTION VII TIME OF COMPLETION The ENGINEBR w~ll commence work on the Project immediately upon execution o£ this contract The ENGINEER shall complete the work w~thln 90 days after author~zatxon to proceed SECTION VIII INDEMNITY AGREEMENT ENGINEER shall ~ndemnlfy and save harmless the OWNER and ~ts officers, agents, and employees from the l~ablllty of the OWNER on account of any injuries or damages received or subtalned by any person or persons or property, including court costs and reasonable attorneys fees ~ncurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or ~ts 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, ~n the performance of th~s Agreement, each party shall contribute toward the satisfaction of the l~ab~l~ty ~ts 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 xnvolvxng one party to thls Agreement may include the other party to this Agreement without their approval PAGE 5 SECTION X TERMINATION OF CONTRACT lee obligation to provide services under this Agreement may be terminated by e~ther party upon fifteen days written not~ce ~n the event of substantial failure by the other party to perform ~n accorda~ce with the terms thereof through no fault of the terminatIng party In the event of any termination, ENGINEER will be pa~d lor all services rendered and reimbursable expenses ~ncurred to the date of termination and, in addition, all reimbursable expenses d,rectly attributable to termination SECTION XI SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWN£R and ENGINEER are hereby bound to the other party to th~s Agreement and to the partners, successors, executors, administra- tors and legal representatives (and sa~d assigns) of such other party, in respect of all covenants, agreements and obligations of th~s Agreement Neither OWNER nor ENGINEER shall assign, sublet or transfer any r~ghts under or ~nterest ~n (including, but without l~m~ta- t~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 th~s limitation may be restricted by law Unless specifically stated to the contrary ~n any written consent to an assignment, no assignment will release or discharge the ass~gnor from any duty or responsibility under th~s Agreement Nothing contained ~n th~s paragraph shall prevent ENGINEER from employing such ~ndependent associates and consultants as ENGINEER may deem appropriate to assist in the performance of ~ervlces hereunder Nothing under th~s Agreement shall be construed to g~ve any rights or benefits in th~s Agreement to anyone other titan Owner and ENGINEER, and all duties and responsibilities undertaken pursuant to th~s Agreement w~ll be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party Th~s Agreement (consisting of pages one to seven ~nc£us~ve) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all pr~or written or oral understandings Th~s Agree- ment may only be amended, supplemented, modified or cancelled by a duly executed written ~nstrument PAG~ 6 This contract is executed in two counterparts we have executed this Agreement, the /~ IN TESTIMONY HEREOF, day of ~~__, 1987 ATTESr CITY OF DENTON, TEXAS, OWNER SEC T Y APPROYBD AS TO LEGAL FORM DEBRA ADAMI DRAYO¥ITCH CITY ATTORNEY FREESE AND NICHOLS, INC , ATTEST ENGINEER ROBERT L NICHOL EXECUTIVE VICE pRESIDENT PAGE 7 ATTACHMENT A SCHEDULE OF HOURLY RATES Class~flcatlon Hourly Rate Principal-in-Charge $37 50 Project Manager 23 15 ProJect Fng~neer 19 60 Technician 9 15 Clerical 8 75 PAGF 8