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1984-130NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC FOR ENGINEERING CONSULTING SERVICES IN REGARD TO THE LOCATION OF A NEW WATER TREATMENT PLANT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is in the best interest of provide for its future needs for water tree WHEREAS, the city staff and Public recommended that Freese and Nichols, Inc , be retained to study and identify possible treatment plant, and the City of Denton to tment facilities, and Utilities Board has consulting engineers, sites for a new water 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 Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement between the City of Denton, and Freese and Nichols, Inc , providing for professional services comprising of engineering studies of available sites for construction of a municipal 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 2nd day of October, 1984 i G I HARD 0 STEW , MAYOR CI OF D NTON, TEXAS ATTEST -4 CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY 0 A byyn ENGINEERING SERVICES STATE OF TEXAS d COUNTY OF DENTON 0 THIS CONTRACT entered into this day of October 1984, by and between the City of Denton, Texas, hereinafter 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 to consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows I Employment of Engineer The Owner hereby employs the Engineer and the Engineer agrees to perform all necessary professional services as herein set forth in connection with the engineering evaluation of alternative locations for construction of a new water treatment plant in the northwest section of the City II Character and Extent of Services The Engineer shall perform professional services comprising engineering studies, including a cost effective analysis, of available sites for construction of a municipal water treatment plant in the northwest section of the City, with consideration given to a water supply to the new plant from the Ray Roberts Reservoir now under construction III Scope of Services The scope of work shall include the following A Locate possible sites with suitable topography for a Water Treatment Plant on USGS topographic maps 8 Conduct field inspection of the possible sites and reduce the number to only those which appear best C Select for each of the sites a tentative routing for raw water line, high service line connection to distribution system, line for disposal of sludges, access road, natural gas line, and electrical service Reduce the selections to the two best sites D Prepare tentative plant layout for each site with considera- tion given to future expansions Prepare estimate of probable cost for development of facilities on each site E Have soils laboratory drill at least two (2) test holes on each site to determine soil classification and to evaluate foundation requirements F Prepare a draft report summarizing the basic data obtained in the study and presenting recommendations and estimate of probable cost 1 G Following approval of the draft report, twenty-five (25) bound copies of the final report shall be presented to the City (Owner) IV Time of Completion The review draft of the report shall be de- livere to the Owner within one hundred eighty (180) calendar days following authorization to proceed with the study The twenty-five (25) printed and bound copies of the final report shall be de- livered to the Owner within fifteen (15) calendar days following review and approval of the draft Payment The Owner agrees to pay the Engineer for all services rendered under this contract on a cost times multiplier basis in accordance with the attached Schedule of Charges, with the total maximum fee, exclusive of laboratory charges, not to exceed $22,000 without prior approval from the City of Denton Payment will be made on statements submitted by the Engineer Statements shall not be submitted at intervals of less than one (1) month VI Successors and Assignments The Owner and the Engineer each binds himself, his successors, executors, administrators and assigns of the other party to this Agreement, and to the successors, execu- tors, administrators, and assigns of such other party in respect of all covenants of this Agreement Neither the Owner nor the Engi- neer shall assign, sublet or transfer his interests in this Agree- ment without the written consent of the other This Contract is executed in three counterparts IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written ATTEST CITY OF DENTON, TEXAS OWNER Charlotte Allen, City Secretary City of Denton, Texas Richard 0 Stewart, Mayor City of Denton, Texas (CITY SEAL) WITNESS FREESE AND NICHOLS, INC ENGINEER By Robert L Nichols Vice President FREESE AND NICHOLS, INC Schedule of Charges Staff Meibers Salary Cost Times Multiplier of 2 2 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc , for time directly chargeable to the project, plus social security contributions, unem- ployment compensation insurance, retirement benefits, medical and in- surance benefits, bonuses, sick leave, vacation and holiday pay appli- cable thereto (Salary Cost is equal to 1 39 times salary payments This factor is adjusted annually ) Other Direct Expense 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