1984-127NO 8
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AN AGREEMENT
FOR MECHANICAL AND ELECTRICAL CONSULTING ENGINEERING SERVICES FOR
THE RENOVATION PROJECTS OF THE MUNICIPAL BUILDING, AND DECLARING
AN EFFECTIVE DATE
WHEREAS, the Council of the City of Denton is desirous of
renovating portions of the Municipal Building, and
WHEREAS, the City of Denton wishes to retain the services of
Richard Cooper as a consultant for mechanical and electrical
engineering services to complete the renovation work, 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 Mayor and City Secretary are hereby authorized and
directed to execute and attest, respectively, the agreement
between Richard Cooper, as a consultant for mechanical and
electrical engineering services, and the City of Denton, providing
for renovation work to a portion of the Municipal Building 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
f
I 'HARD 017 STE
, MA OR
WAYLT
GI OF D NTON, TEXAS
ATTEST ~/0' ffm& CliARLO~i TE CITY EAL ~t~ Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ~ Q , _a'VI tyvu,
INDEPENDENT CONSULTANT'S AGREEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
The City of Denton, Texas, a Municipal Home Rule City situated
in Denton County, Texas, hereinafter called "City", acting herein
by and through its City Manager and Richard Cooper, hereinafter
called Consultant, hereby mutually agree as follows
1 SERVICES TO BE PERFORMED City hereby retains Consultant
to perform the hereinafter designated services and Consultant
agrees to perform the following services
Mechanical/ ElectricaI Engineering Services for the 2,438
square feet of addition to existing west wing structure and the
renovation of the center main hall area of the Municipal Building
as follows
A Preliminary examination of the site and review of
existing mechanical and electrical systems,
B Preparation of engineering drawings, bid documents and
specifications for HVAC and electric power/ lighting
systems, plumbing systems,
C Evaluation and recommendations on mechanical and
electrical bids received,
D Electrical and mechanical construction administration
services to include periodic on-site observation of the
work and review of shop drawings and submittals
2 COMPENSATION TO BE PAID CONTRACTOR City agrees to pay
Consultant for the services performed hereunder as follows
A A sum not to exceed Six Thousand and No/100 Dollars
($6,000 00),
B Said sum for Consultant's services shall be allocated
and paid at the completion of each phase as follows
Renovation Addition
1)
Preliminary
Design Phase
$ 788
00
$1,312
00
2)
Construction
Documents
(Drawings &
Specifications)
900
00
1,500
00
3)
Bidding and
Negotiation Phase
112
00
188
00
4)
Construction
Administration Phase
450
00
750
00
$-2-1730--o6
$T , 73U M
Maximum Guaranteed Compensation $6,000 00
3 ADDITIONAL SERVICES Services other than those outlined
above will be considered to be additional services and will be
PAGE 1
performed only after written approval by an authorized representa-
tive of the City of Denton Additional services are defined as
providing services relative to future facilities which are not
intended to be constructed as part of this project, revising
drawings and specifications when such revisions are inconsistent
with approvals or instructions previously given, and due to causes
beyond the control of the Consultant, preparing as-built drawings,
or providing any services not included in this agreement or not
customarily furnished in accordance with generally accepted
engineering practice Compensation for additional services shall
be hourly based on the following schedule
Registered Professional Engineer $45 00
Draftsman $27 00
Secretary/Word Processor $20 00
NOTE The following services are specifically excluded from
this agreement and will be considered as additional services if
required
1) Construction management services involving preparation of
project schedules,
2) Design of plumbing systems for new or renovated restroom
facilities,
3) Design of speciality communications or data processing
systems, other than conventional telephone system,
4) Design of specialty electrical or mechanical systems other
than HVAC and electrical power/lighting systems Bxample-
Pneumatic Tube system such as in new Police Station
4 SUPERVISION AND CONTROL BY CITY It is mutually understood
and agreed by and between City and Consultant that Consultant is
an independent Contractor and shall not be deemed to be or consid-
ered an employee of the City of Denton, Texas for the purposes of
income tax, withholding, social security taxes, vacation or sick
leave benefits, worker's compensation, or any other City employee
benefit The City shall not have supervision and control of
Consultant or any employee of Consultant, but it is expressly
understood that Consultant shall perform the services hereunder at
the direction of and to the satisfaction of the City Manager of
the City of Denton or his designee under this agreement
5 REIMBURSABLE EXPENSES Reimbursable expenses are in addi-
tion to total compensation and shall include actual expenditures
PAGE 2
made by the Consultant in the interest of the project upon prior
approval of the City Manager or his designee These expenditures
will typically include the expenses of reproductions, postage and
handling of drawings and specifications, long distance phone
calls, and out-of-town travel (@ 20~ per mile) if required
6 SOURCE OF FUNDS All payments to Consultant under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton
7 INSURANCE Consultant shall provide at his own cost and
expense workmen's compensation insurance, liability insurance, and
all other insurance deemed necessary by Consultant to protect
Consultant in the operation of Consultant's business
8 CANCELLATION City or Consultant reserves the right to
cancel this Agreement at any time by giving the other party
fourteen (14) days written notice of its intention to cancel this
Agreement, provided, however, the City shall compensate the
consultant for the balance of all unpaid fees earned by him as of
the date of such cancellation
9 TERM OF CONTRACT This Agreement shall commence on the 2nd
day of October, 1984, and end upon the 31st day of May, 1985
EXECUTED this the 2nd day of October, 1984
CITY OF DENTON, TEXAS
ATTEST
4
~y 1
CHARLOTTE ALLEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
BY
CONSULTANT
RICHARD COOPER, PV E
PAGE 3