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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