1985-0951091L
NO
es
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE & NICHOLS, INC FOR ENGINEERING SERVICES RELATIVE TO THE
WATER TREATMENT PLANT, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, it is in the best
to provide for its future needs for
for the water treatment plant, and
interest of the City of Denton
the development and construction
WHEREAS, the city staff and Public Utilities Board has
recommended that Freese & Nichols, Inc , consulting engineers, be
retained to render engineering services for relative to the filter
backwash system at the water treatment plant, and
WHEREAS, Section 2 36(f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than $3,000,
and
WHEREAS, Section 2 09 of the Charter of the City of Denton,
Texas requires that every act of the Council providing for the
expenditure of funds or for the contracting for indebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Mayor and City Secretary are hereby authorized and
directed to execute and attest, respectively, the agreement between
the City of Denton, and Freese & Nichols, Inc , providing for
professional services comprising of engineering services for
improvements at the water treatment plant under the terms and
conditions being contained in said agreement which is attached
hereto and made a part hereof
SECTION II
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the day of ,
1985
ATTEST
01,
CITY OF DENTON, TEXAS
IT CTEORD
DE ON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
STATE OF TEXAS
ENGINEERING SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC
COUNTY OF DENTON )
THIS CONTRACT entered into this 14,14-day of
between the City of Denton, Texas, hereinafter
acting by and through Richard 0 Stewart,
authorized to act, and Freese and Nichols,
Engineers, Fort Worth, Texas, hereinafter called
9 8 , by and
ca e the Owner,
its Mayor, duly
Inc , Consulting
the Engineer
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows
1 Employment of Engineer The Owner hereby employs the
Engineer an the Engineer agrees to perform professional services
as herein set forth in connection with the construction of an
alternate filter backwash system for the Water Treatment plant,
hereinafter called the Project
2 Character and Extent of Engineering Services The Engineer
shall ren er engineering services or tie development and
construction of the Project, which shall include the following
a Designs, Plana and Specifications Make field surveys,
rev ew t e existing ter treatment plant piping and
required piping for the conversion of the water
distribution system, determine valves and piping
required to reduce the pressure of high service water to
allow it to be used to supply firm filter backwash,
prepare an estimate of probable construction costs for
the project, prepare working drawings and specifications
for the project, prepare forms of proposals, attend
conferences and assist in the coordination of the work
with other interested parties, and assist in the award
of construction contracts
b General Re resentation and Observation durin
onstruct on The Engineer shall urn s genera
representation and observation of the work during the
construction phase as follows review shop drawings
pursuant to the General Conditions of the Construction
Contract, make two visits per month to site by office
staff, review such work of testing laboratories as may
be required by the Owner, keep the Owner informed of the
progress of the work, issue all instructions of the
Owner to the Contractor, prepare change orders as
required and review the application for payment
submitted by the Contractor The Engineer shall use
reasonable diligence to detect defects and deficiencies
in the work of Contractor and disapprove or reject work
as failing to conform to the Contract Documents
Engineer shall not be responsible for the means,
methods, techniques, sequences or procedures of
construction selected by Contractor or the safety
precautions and programs incident to the work of the
Contractor Engineer shall not be responsible for the
acts or omissions of any person (except his own
employees and agent) at the Project site or otherwise
performing any of the work of the Project
c Resident Re resentation During Construction if
requested y t e ner, es ent ProTecE Representative
and assistants will be furnished, who will act as
directed by Engineer in order to provide more extensive
representation at the Project site during the
Construction Phase The duties and responsibilities and
the limitations on the authority of the Resident Project
Representative and assistants, if requested by the
Owner, will be set forth in Attachment A which is to be
identified, attached to and made a part of this
Agreement Construction layout will be provided as a
part of Resident Project Representation
Through more extensive on-site observations of the work
in progress and field checks of materials and equipment
by the Resident Project Representative and assistants,
Engineer shall endeavor to provide further protection
for Owner against defects and deficiencies in the work,
but the furnishing of such Resident Project
Representation will not make Engineer responsible for
construction means, methods, techniques, sequences or
procedures or for safety precautions or programs or for
Contractor's failure to perform the construction work in
accordance with the Contract Documents
d Subsurface Investi ations and Laboratory Tests The
Engineer wirr prow e t e Owner with advice, when
requested, with respect to the making of all subsurface
investigations, including borings, test pits, soil
resistivity surveys, and other subsurface explorations,
however, the making of such investigations and the
interpretations of data and reports by special
consultants are not a part of the services to be
rendered by the Engineer, and the cost therefore shall
be paid by the Owner The Engineer shall monitor and
review the work of testing laboratories and inspection
bureaus required for the testing or inspection of
materials, witnessed tests, factory testing, etc , for
the Project, but the cost of such laboratory tests or
inspection shall be paid by the Owner
PAGE TWO
e Topographic Rig ht-of-Wa and Land Surveys The
Engineer s a make pro a an topographic surveys only
in connection with the location and design of all
structures under Paragraph 2 a
3 Com ensation to En ineer The Owner agrees to pay the
Engineer or a pro esa ona services rendered under this
contract in accordance with the following
a Designs. Plans and Specifications and General
AC LOCCLl 6=L 1VLL L'VL
an enerai Representation During Construction
(Paragraphs 2 a and 2 b the Engineer shall be paid a
lump sum of $6,000 For the purposes of preparing a
statement, 85% of the fee shall be for designs, plans
and specifications and 15% of the basic fee shall be for
general representation during construction Eighty-five
percent (85%) of the fee shall be due and payable upon
completion of designs and the submission of complete
plans, specifications and contract documents to the
Owner. The fee for general observation services (15% of
the fee) shall become due and payable on the basis of
the value of the work completed by the construction
contractor
b For Resident Representation and Inspection During Con-
representat on during construct on and construction
layout, if requested by the Owner (Paragraph 2 c the
Engineer shall be paid based on the Schedule of Charges
shown in Attachment B Payments for Resident Project
Representation and construction layout shall be due and
payable upon submission of statements by the Engineer
Statements shall not be submitted more frequently than
monthly
4 Preliminar Estimates When requested to do so, the
Engineer w urnns-1 estimates of probable construction cost of
the work, but he does not guarantee the accuracy of such estimates
5 Revisions of Plans and Specifications The Owner reserves
the right to direct su stant a revision of the plans and
specifications after due 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 If revisions are required by reason of the
Engineer's error or omission, then such revisions shall be made by
the Engineer without additional compensation
6 Ina ection and Review of the Work The Engineer will
endeavor to protect t He wner aga nst a ects and deficiencies in
the work of the Contractor, by inspection and observation of the
work as it progresses, by interpretation of the plans, specifica-
tions and other contract documents to and with the Contractor, by
PAGE THREE
the disapproval of defective work and the issuance of stop-orders
from the Owner with respect to defective procedures, where they
are observed, and the Engineer will exercise due diligence to
assist the Owner in requiring that the work be done in accordance
with plans and specifications, but the Contractor will remain an
independent contractor with the Owner, and the Engineer does not
guarantee the performance of such construction contract
7 Ownership of Documents Drawings and specifications as
instruments o sere ce are the property of the Engineer whether
the work on which they are made be executed or not, and the
Engineer will retain in his files original drawings and
specifications for the work The Engineer will provide up to
twenty-five sets of plans, specifications and contract documents
If additional sets are required, the Engineer shall be reimbursed
based on the prevailing commercial rate Upon completion of
construction, the Engineer shall revise the working drawings in
accordance with the date furnished by Contractor to show the
Project as constructed and the Owner shall be furnished two sets
of prints made from the "Record" drawings
8 Termination This Contract may be terminated at any time
by the wner~ wftFout penalty or liability except as may otherwise
be specified herein provided the Engineer will be entitled to
compensation for work performed prior to termination
9 Arbitration No arbitration arising out of, or relating to
this Agreement may nclude, by consolidation, joinder or in any
other manner, any additional party not a party to this Agreement
10 Successors and Asai nments The Owner and the Engineer
each b n s se , successors, executors, administrators, and
assigns to the other party to this Agreement, and to the
successors, executors, administrators and assigns of such other
party in respect of all covenants of this Agreement Except as
above, neither the Owner nor the Engineer shall assign, sublet or
transfer his interest in this Agreement without the written
consent of the other
11 Indemnification Engineer shall and does hereby agree to
indemni y an o armless the City of Denton from any and all
damages, loss or liability of any kind whatsoever, by reason of
injury or property or third persons occasioned by any error,
omission or negligent act of Engineer, its officers, agents,
employees, invites, and other persons for whom it is legally
liable, with regard to the performance of this Agreement, and
Engineer will, at its cost and expense, defend and protect the
City of Denton against any and all such claims and demands
This Contract is executed in two counterparts
PAGE FOUR
IN TESTIMONY HEREOF, they have executed this Agreement, the day
and year first above written
ATTEST
C LOTTE ALLEN, CITY SECRET
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS
Owner
z ~
ITY OF DEN ON, TEXAS
ATTEST
BY
1O91L
FREESE & NICHOLS, INC
Engineer
Cyr G-+r--/" o`
ROBERT L NCH S
VICE-PRESIDENT
PAGE FIVE
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH
CITY ATTORNEY