1984-1640885L (18L)
NO~
AN ORDINANCE APPROVING A CONTRACT FOR THE DESIGN OF A GROUND
STORAGE TANK FOR THE WATER TREATMENT PLANT, AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY OF DENTON,
TEXAS, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton desires to enter into a contract
to procure professional services for the design of a ground
storage tank including foundation and retaining wall, for the
Water Treatment Plant, and
WHEREAS, Section 2 36(f) of
City of Denton requires that
expenditures of more than $3,000,
the Code of Ordinances of the
the City Council approve all
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, TEXAS HEREBY ORDAINS
SECTION I
That the contract for engineering services, attached hereto
and incorporated herein by reference, between the City of Denton
and Freese and Nichols, Inc , to provide for the design of a
ground storage tank, including foundation and retaining wall,
for the Water Treatment Plant is hereby approved and the Mayor
is hereby authorized to execute the contract on behalf of the
City
SECTION II
That the expenditure of funds in the manner and amount as
specified in the attached contract is hereby approved
SECTION III
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the -24-4-day of ~ .eA,. 1984
ATTEST
I _
CIT OFD TON, TEXAS
CHARLOTTE ALL , 1I SELAET f Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF~/DENTON,, TEXAS C~
BY 7FAN C& 4
ENGINEERING SERVICES
STATE OF TEXAS
22194
COUNTY OF DENTON
THIS CONTRACT entered into this day of October 1984, by and
between the City of Denton, Texas, here nafter called the Owner, acting
by and through Richard 0 Stewart, its Mayor, duly authorized to act,
and Freese and Nichols, Inc , Consulting Engineers, Fort Worth, Texas,
hereinafter called the Engineer
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows
1 Employment ofsEn ineer The Owner hereby employs the Engineer and
the Engineer agrees to perform professional services as herein set forth
in connection with the construction of a 2 MG ground storage tank,
foundation and retaining wall, hereinafter called the Project
2 Character and Extent of Engineering Services The Engineer shall
render engineering services for the development and construction of the
Project, which shall include the following
Designs, Plans and Specifications Make field surveys, advise
with the Owner as to the number of borings, test pits, and
other foundation explorations necessary to give a general
indication as to the type and kind of subsurface conditions
which can be expected at the site of the 2 MG ground storage
tank and to observe the borings, test pits, and other founda-
tion explorations which the Owner deems necessary, 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 Representation and Observation During Construction
The Engineer shall furnish general representation and ob-
servation of the work during the construction phase as fol-
lows 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 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 re-
sponsible 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
Resident Re resentatton During Construction If requested by
the Owner, esident Project 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 responsibili-
ties 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
Subsurface Invests ations and Laboratory Tests The Engineer
w 11 prov de the Owner with advice, when requested, with
respect to the making of all subsurface investigations, in-
cluding 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 therefor 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 or such
laboratory tests or inspection shall be paid by the Owner
e Topographic, Right-of-Way and Land Surveys The Engineer
shall make profile and topographic surveys only in connection
with the location and design of all structures under Paragraph
2 a
3 Compensation to Engineer The Owner agrees to pay the Engi-
neer for all professional services rendered under this contract in
accordance with the following
Desi ns Plans and 5 ecifications and General Re resentatton
For Des gns, lans and Specifications, and General Repre-
sentation During Construction (Paragraphs 2 a and 2 b the
Engineer shall be paid a lump sum of $10,000 For the pur-
poses 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 (85%) percent of its 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
ton and Inspection Duri
and Construction Layout For the resident representation
during construction 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 Preliminary Estimates When requested to do so, the Engineer
will furnish estimates of probable construction cost of the work, but he
does not guarantee the accuracy of such estimates
5 Revisions of Plans and S ecifications The Owner reserves the
right to direct substant al 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 compen-
sation for services rendered in making such revisions
6 Inspection and Review of the Work The Engineer will endeavor
to protect the Owner against defects and deficiencies in the work of
Contractor, by inspection and observation of the work as it progresses,
by interpretation of the plans, specifications and other contract docu-
ments to and with the Contractor, by 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
independent contractor with the Owner, and the Engineer does not guar-
antee the performance of such construction contract
7 Ownership of Documents Drawings and specifications as in-
struments of service 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 data 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 Owner, without 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 include, by consolidation, joinder or in any other
manner, any additional party not a party to this Agreement
10 Successors and Assignments The Owner and the Engineer each
binds himse f, successors, executors, administrators, and assigns to the
other party to this Agreement, and to the successors, executors, ad-
ministrators, and assigns of such other party in respect of all cove-
nants 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
This Contract is executed in two counterparts
IN TESTIMONY HEREOF, they have executed this Agreement, the day and
year first above written
ATTEST
Charlotte Allen, City Secretary
City of Denton, Texas
CITY OF DENTON, TEXAS
Owner
By
is and 0 S ewart, MfiyoF
Cit of Den on, Texas
ATTEST
iprt
dam- LLr~
FREESE AND NICHOLS, INC
Engineer
By (L. ~o~ `~?0 /0
Robert L Nichols
Vice President
4
ATTACHMENT A
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A General
Resident Project Representative is ENGINEER s Agent will act as directed by and under the supervision of ENGI
NEER and will confer with ENGINEER regarding his actions Resident Project Representative s dealings in matters
pertaining to the on site Work shall in general be only with ENGINEER and CONTRACTOR and dealings with
subcontractors shall only be through or with the full knowledge of CONTRACTOR Written communication with
OWNER will be only through or as directed by ENGINEER
B Dutles and Responsibilities
Resident Project Representative will
I Schedules Review the progress schedule schedule of Shop Drawing submissions and schedule of values prepared
by CONTRACTOR and consult with ENGINEER concerning their acceptability
2 Conferences Attend preconstruction conferences Arrange a schedule of progress meetings and other Job conferences
as required in consultation with ENGINEER and notify those expected to attend in advance Attend meetings and
malmain and circulate copies of minutes thereof
3 Liaison
a Serve as ENGINEER s liaison with CONTRACTOR working principally through CONTRACTOR s supennten
dent and assist him in understanding the intent of the Contract Documents Assist ENGINEER in servmgas OWNER s
liaison with CONTRACTOR when CONTRACTOR s operations affect OWNER s on site operations
b As requested by ENGINEER assist in obtaining from OWNER additional details or information when required
at the job site for proper execution of the Work
0 Shop Drawings and Samples
a Receive and record date of receipt of Shop Drawings and samples receive samples which are furnished at the site
by CONTRACTOR and notify ENGINEER of their availability for examination
b Advise ENGINEER and CONTRACTOR or its superintendent immediately of the commencement of any Work
requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER
S Review of Work Refection of Defective Work Inspet eons and Tests
a Conduct on site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding
in accordance with the Contract Documents and that completed Work will conform to the Contract Documents
b Report to ENGINEER whenever he believes that any Work is unsatisfactory faulty or defective or does not
conform to the Contract Documents or does not meet the requirements of any inspections tests or approval required
to be made or has been damaged prior to final payment and advise ENGINEER when he believes Work should be
corrected or rejected or should be uncovered for observation or requires special testing inspection or approval
c Verify that tests equipment and systems startups and operating and maintenance instructions are conducted as
required by the Contract Documents and in presence of the required personnel and that CONTRACTOR maintains
adequate records thereof observe record and report to ENGINEER appropriate details relative to the test procedures
and startups
d Accompany visiting inspectors representing public or other agencies having jurisdiction over the Protect record
the outcome of these inspections and report to ENGINEER
®1979 by National Society of Professional Engineers 2029 K St N W Washington D C 20006
NSPBIACRCIASCF Publication No 1910-1 A
1979 Edition
6 Interpretation of Contract Doi uments Transmit to CONTRACTOR ENGINEER s clarifications and interpretations
of the Contract Documents
7 Modifications Consider and evaluate CONTRACTOR s suggestions for modifications in Drawings or Specifications
and report them with recommendations to ENGINEER
Records
a Maintain at the job site orderly files for correspondence reports of job conferences Shop Drawings and samples
submissions reproductions of original Contract Documents including all addenda change orders field orders adds
tional Drawings issued subsequent to the execution of the Contract ENGINEER s clarifications and interpretations
of the Contract Documents progress reports and other Project related documents
b Keep a diary or log book, recording hours on the job site weather conditions data relative to questions of extras
or deductions list of visiting officials and representatives of manufacturers fabricators suppliers and distnbutors
daily activities decisions observations in general and specific observations in more detail as in the case of observing
test procedures Send copies to ENGINEER
c Record names addresses and telephone numbers of all CONTRACTORS subcontractors and major suppliers of
materials and equipment
9 Reports
a Furnish ENGINEER periodic reports as required of Progress of the Work and CONTRACTOR a compliance with the
approved progress schedule and schedule of Shop Drawing submissions
It Consult with ENGINEER in advance of scheduled major tests inspections or start of important phases of the
work
c Report immediately to ENGINEER upon the occurrence of any accident
10 Payment Requisitions Review applications for payment with CONTRACTOR for compliance with the established
Work comple ed and mate als and equipment deli er d at thegsite but not Incor
relation procedure o the schedule of values and forward
porated in the Work
11 Certj/icates Maintenance and Operation Manuals During the course of the Work verify that certificates maintenance
and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to
the items actually installed and deliver this material to ENGINEER for his review and forwarding to OWNER prior
to final acceptance of the Work
12 Completion
a Before ENGINEER Issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed
items requiring completion or correction
b Conduct final inspection in the company of ENGINEER OWNER and CONTRACTOR and prepare a final list of
items to be completed or corrected
c Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER
concerning acceptance
C Unaltatlaw of Authority
Except upon written instructions of ENGINEER Resident Project Representative
1 Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment
2 Shall not exceed limitations on ENGINEER a authority as act forth in the Contract Documents
3 Shall not undertake any of the responsibilities of CONTRACTOR subcontractors or CONTRACTOR ssuperintendent
or expedite the Work
4 Shall not advise on or issue directions relative to any aspect of the means methods techniques sequences or
procedures of construction unless such is specifically called for in the Contract Documents
5 Shall not advise on or issue directions as to safety precautions and programs in connection with the Work
6 Shall not authorize OWNER to occupy the Project in whole or in part
7 Shall not participate in specialized field or laboratory tests
Aepred by Enpneers Joint Contract Documeeu Commnute
Pubbtbedlmntly by Fraf9ryklla Enaimxnin Povue MCtwe epnetwedimanoftbe Netonvl Socw•tvof Rofeuantlfnpneen Ameman Comubmr Fnatmen Coun d Amemen SSKit
of Civil Enalneer.
ATTACHMENT 6
FREESE AND NICHOLS, INC
Schedule of Charges
Special Services
Staff Members
Salary Cost Times Multiplier of 2 2
Salary Cost is defined as the cost
stenographers, surveymen, clerks,
chargeable to the project, plus
employment compensation insurance,
insurance benefits, bonuses, sick
applicable thereto (Salary Cost
ments This factor is adjusted annu
Other Direct Expense
of salaries of engineers, draftsmen,
laborers, etc , for time directly
social security contributions, un-
retirement benefits, medical and
leave, vacation and holiday pay
is equal to 1 39 times salary pay-
ally )
Actual Cost Times Multiplier of 1 0
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Fort Worth and other miscellaneous expense directly related to the work,
including costs of laboratory analysis, tests, and other work required
to be done by independent persons or agents other than staff members