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