Loading...
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