1995-029E:\WPDOCS\ORD\FREESE.NIC
~ ORDIN~CE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ~YOR TO
EXECUTE ~ ~ENDMENT NUMBER 4 TO THE AGREEMENT BETWEEN THE CITY OF
DENTON ~D FREESE ~D NICHOLS, INC. FOR ENGINEERING SERVICES
RELATING TO AIRPORT IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF
F~DS THEREFOR; ~D PROVIDING ~ EFFECTIVE DATE.
THE CO~CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute
Amendment Number 4 to the Agreement for Engineering Services
Between the City of Denton and Freese and Nichols, Inc. for Airport
Improvements ("Amendment"), a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the expenditure of funds as provided in the
Amendment is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED~D APPROVED this the ~/~day of~~/g~_ , 1995.
BOB CASTLEBERRY, ~OR~
ATTEST:
JENNIFER WALTERS, CITY SECRETLY
AP R~OVED A~S TO LEGAL FORM:
MICHEL A. BUCEK, ACTING CITY ATTORNEY
AMENDMENT NUMBER 4
TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF DENTON AND FREESE AND NICHOLS, INC.
FOR AIRPORT IMPROVEMENTS
RUNWAY AND TAXIWAY EXTENSION (1000')
The Agreement for Engineering Services entered into and on the 20th day
of December, 1988, by and between the City of Denton (OWNER) and Freese
and Nichols, Inc., (ENGINEER) shall be amended as set forth herein. The
said Agreement is attached, together with Amendments Number One, Two and
Three, and is hereby amended by the addition of the following wording to
Section IV Additional Services and Section VI Compensation. This
Amendment shall provide for the preliminary investigation of the impact
of the runway extension and placement of the Runway 17 Localizer upon the
runway safety area and the designs for the modification of the Runway 17
Localizer and shall read as follows, to wit:
IV. Additional Services:
Impact Study of Runway Extension on the Runway Safety Area:
ENGINEER shall perform a preliminary investigation to determine the
impact of the runway extension and the placement of the Runway 17
Localizer upon the runway safety area. OWNER shall pay ENGINEER Two
Thousand Seven Hundred Four Dollars ($2,704°00) for said preliminary
investigation.
Modification of the Runway 17 Localizer:
ENGINEER shall prepare designs, drawings, and plans for the
modification of the Runway 17 Localizer, and perform construction
phase services through closeout phase services for the modification
of the Runway 17 Localizer. OWNER shall pay ENGINEER Five Thousand
Nine Hundred Seventy-nine Dollars ($5,979.00) for the designs,
drawings, plans and services regarding the modification of the Runway
17 Localizer.
Other Additional Services:
Other additional services as listed in Section IV. of the Prime
Agreement may be requested by the OWNER.
VI. Compensation, Runway and Taxiway Extension (1000')
Compensation due to ENGINEER for the remaining phases of the work and all
Additional Services to be performed through Amendment Number 4 shall be
as follows:
Description Amount
Final Design through Closeout $33,851
Phase Contract Phases III.D to III.G (Lump Sum)
Additional Services for Preliminary $ 2,704
Impact Study of the Runway Extension on (Lump Sum)
the Runway Safety Area
Additional Services for Localizer $ 5,979
Modification (Lump Sum)
TOTAL $42,534
Phases III A, B, and C of this Agreement have been completed and ENGINEER
acknowledges receipt in full from CITY of compensation owed pursuant to
such work.
Other Services shall be based on Attachment A to Amendment Number Three,
Schedule of Charges, if requested by the OWNER.
Any applicable new taxes imposed upon services, expenses, and changes by
any governmental body after the execution of this contract will be added
as necessary to the ENGINEER'S compensation. Progress payments may be
requested by the ENGINEER based on the percent complete. Requests for
progress payments will not be more frequent than monthly.
This A~endment 4 is executed in two counterparts, on this the ~'~day
of~_ , 19~_~.
ATTEST: CITY OF DENTON
OWNER
SEmETARY YOR
ATTEST: FREESE AND NICHOLS INC
ENGINEER
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
J:\wpdocs\k\amend.4
PAGE 2
AMENDMENT NUMBER 3 DT23
TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN
THE CITY OF DENTON AND FREESE AND NICHOLS, INC.
FOR AIRPORT IMPROVEMENTS
RUNWAY AND TAXIWAY EXTENSION (1000')
The Agreement for Engineering Services entered into and on the 20th day of December
1988, by and between the City of Denton (OWNER) and Freese and Nichols, Inc.,
(ENGINEER) shall be amended as set forth hereinunder. The said Agreement is
attached and is hereby amended by the addition of the following to Sections III Basic
Services, Section VI, Compensation; and Section VII, Time of Completion. This
Amendment describes the entire scope of services to be performed: (1) Extend the
runway and taxiway 1000'; (2) Extend the MIRL 1000', (3) Dr_ainage for runway and
taxiway extension, and (4) Replace culvert at south end of existing runway, and shall read
as follows, to wit:
III.B Basic Service - Study and Report Phase, Runway and Taxiway Extension
(1000')
1. Consult with OWNER: (1) to review the scope of work, (2) to verify the
OWNER'S requirements for the Project, and (3) to review available data.
2. Advise OWNER as to the .necessity of OWNER'S providing or obtaining
data or services from others, and assist the OWNER in connection with
any such services.
3. Provide analyses of OWNER'S requirements for the project, as verified in
Paragraph 1.,-above, including planning, surveys, site evaluations and
comparative studies of prospective sites and solutions.
4. Coordinate with the Federal Aviation Administration (FAA) the proposed
- runway extension with the existing Runway 17 Localizer. Determine if the
localizer can remain in place or if it must be relocated. If FAA
determines the localizer must be relocated, a preliminary cost to relocate
will be estimated along with identification of other considerations such as
extension of improvements into the Hickory Creek floodplain. Two (2)
meetings to determine the feas~ility of making the runway extension and
localizer relocation will be held with the OWNER and the FAA. If the ~
localizer relocation is necessary and is determined to be feasible, a
revision to the remaining scope of work defined herein will be required.
5. Coordinate field surveys to be obtained by the OWNER. Design and/or
construction surveys are not a part of the services to be rendered by the
ENGINEER.
6. Provide the OWNER with advice, when requested, with respect to the
making of 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.
7. Prepare a Preliminary Engineering Report consisting of but not limited to
a general description of the scope of the project (not including localizer
relocation), schematic layouts, sketches, and conceptual design criteria
with appropriate exhibits to indicate clearly the considerations involved
and up to three (3) alternative solutions available and setting forth
ENGINEER'S findings and recommendations. The report will set forth
the ENGINEER'S opinion of preliminary probable costs for the Project,
including but not limited to the following, which will be separately
itemized: (a) construction cost; (b) engineering costs; (c) construction
inspection; and (d) construction testing. Two (2) copies will be furnished
to the OWNER and FAA for review. One (1) review meeting will be
held to review the report for selection of a preferred alternative. The
OWNER shall identify in writing a preferred alternative.
III.C. P-reliminary Design Phase
After whtten authorization to proceed with the Preliminary Design Phase,
ENGINEER shall:
1. In consultation with the Agent, the FAA, and other interested parties, on
the basis of the accepted Preliminary Engineering Report documents,
" refine the general scope, extent, and character of the Project, if necessary.
2. Attend one (1) meeting at the air?on site to review the preliminary
design.
3. Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings, outline specifications, and a written description of
the Project. The ENGINEER shall furnish three (3) copies of the
Preliminary Design documents and present them to and review them with
OWNER and FAA.
4. Update the existing Airport Layout Plan (ALP) as necessary to comply
with FAA Advisory Circulars 150/5070-6A, Chapter 9 and 150/5300-13,
Appendix 7. Transfer the updated existing ALP to a computer aided
design and drafting (CADD) format. If a new ALP is required, the
ENGINEER will be compensated in accordance with the provisions of
Section VI.C Additional Services. The ENGINEER shall furnish the
OWNER with three (3) review copies, and upon approval, one (1)
reProducible mylar, and one (1) set of computer diskettes containing a
CADD copy of the ALP in AutoCadd Release 12 fore,at.
5. Advise OWNER as to whether additional data or services of the types
described in Section IV Additional Services are necessary.
6. Based upon the information contained in the Preliminary Design
documents, submit a revised opinion of total project costs.
7. Update the airport's Exhibit A property map. The ENGINEER shall
submit two (2) copies of the map to the OWNER/FAA for review and
approval. The approved Exhibit A shall be submitted with the application
for federal assistance.
III.D. Final Design Phase
After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1. On the basis of the accepted Preliminary Design documents and the
revised opinion of probable total project costs, prepare for incorporation
in the Contract Documents final drawings to show the general scope,
extent and character of the work to be furnished and performed by
Contractor(s) (hereinafter-called ;'Drawings") and Specifications.
2. Provide required technical criteria, written descriptions and design data to
obtain approval of the FAA. Submittals of applications for permits,
obtaining governmental approval for and consulting with appropriate
authorities for approval of pe~ mits shall be considered Additional Services
'and such services provided by the ENGINEER upon request by the
OWNER.
3. Furnish a revised opinion of probable total project costs based on the final
Drawings 'and Specifications.
4. Prepare for review and approval by OWNER/FAA (a) contract
agreement forms; (b) general and supplementary provisions; (c) bid
forms; (d) invitations to bid; (e) instructions to bidders; and (f) other
related documents.
5. Furnish for final review three (3) copies of the documents descn-bed in
paragraph 4 and of the final Drawings and Specifications and present
them to and review them in one (1) meeting with OWNER/FAA.
6. Make revisions to the Final Design Documents as may be required after
review by the OWNER/FAA.
7. Prepare for review and approval a Construction Management Program as
directed by the OWNER. ENGINEER shall furnish OWNER with four
(4) bound copies of the Program.
8. Make amendments to the Preliminary Engineering Report to reflect any
revisions to project scope, design criteria, Total Project Costs and other
significant items that are incorporated into the Final Design Documents.
ENGINEER shall furnish OWNER three (3) copies of the amended
Preliminary Engineering Report.
III.E Bidding Phase
After written authorization to proceed with the Bidding Phase, ENGINEER
shall:
1. Provide OWNER with one (1) original copy of the revised and approved
Drawings, Specifications and Contract Documents for bidding purposes.
Copies of the Drawings, Specifications, and Contract Documents will be
provided by the OWNER.
2. Advertising for bids will be perfoxmed by the OWNER.
3. Conduct one (1) Pre-bid Conference at the airport to discuss the
requirements of the Project with prospective bidders, subcontractors and
suppliers. The ENGINEER shall prepare and distribute minutes of the
Conference to the attendees.
4. Issue addenda as appropriate to interpret, clarify, or expand the Bidding
Documents.
5. Attend one (1) bid opening at the OWNER'S location, prepare bid
tabulation sheets, evaluate bids and recommend bid award. Compile eight
(8) executed copies of the contract for construction, materials, equipment
and services.
6. Consult with and advise the OWNER concerning the acceptability of
substitute maierials and equipment proposed by Contractor(s) when
substitution prior to the award of contracts is allowed by the Bidding
Documents.
7. Prepare Application for Federal Assistance and supporting documents
including Exhibit A. Submit one (1) original and six (6) copies of the
signed application and supporting documents to the OWNER.
III.F. Construction Phase
After written authorization to proceed with the Construction Phase,
ENGINEER shall:
1. Conduct one (1) precbnstruction conference at the airport with
representatives of the OWNER, the FAA, the contractor(s) and other
interested parties. The ENGINEER shall prepare and distribute a record '
r of the preconstruction conference to the attendees.
2. Necessary field surveys for establishing horizontal and vertical controls for
the use of the contractor(s) during the performance of the construction
shall be provided by the OWNER.
3. Make six (6) visits to the site at intervals appropriate to the various stages
of construction as ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress and quality of
the various aspects of the Contractor(s) work. Based on information
obtained during such visits and on such observations, ENGINEER shall
endeavor to determine in general ff such work is proceeding in accordance
with the Contract Documents and ENGINEER shall keep OWNER
informed of the progress of the work. The ENGINEER shall endeavor to
protect the OWNER against defects and deficiencies in the work of the
contractor(s); however, it is understood that the ENGINEER cannot
guarantee the peffommnce Of the contractor, nor is the ENGINEER
responsible for'the actual supervision of the construction operations or for
any safety measures the contractor(s) takes _or should take.
4. Preparation of field changes and change orders shall be by the OWNER.
5. Review: (a) sgmples; (b) catalog data; (c) schedules; (d) shop drawings;
(e) laboratory, shop, and mill tests of materials and equipment; and, other
data submitted as required by the Contract Documents. Such reviews will
be only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents. The
ENGINEER shall provide one (1) copy of documents with review
comments to the OWNER.
6. Preparation of periodic and final estimates for payments to the
contractor(s) shall be by the OWNER.
7. Conduct, in the company of the OWNER and the FAA, one (1) final
inspection of the Project for conformance with the design concept of the
Project and compliance with the Contract Documents. The ENGINEER
shall prepare and distribute copies of the findings to. the OWNER, the
FAA, and the Contractor.
8. The ENGINEER shall not be responsible for a final test and quality
control report documenting the results of all tests performed.
6
III. G Closeout Phase
During the Closeout Phase, ENGINEER .shall:
1. Prepare and submit to the OWNER one (1) set of reproducible record
drawings on Mylar and three (3) sets of prints showing those changes
made during the construction process, based on the marked-up prints,
drawings, and other data furnished by contractor(s) to ENGINEER and
which ENGINEER considers significant.
2. Furnish OWNER with three (3) bound copies of all approved catalog
cuts, warranties, maintenance data, parts lists, and names of equipment
and materials suppliers.
3. Conduct one (1) inspection of the Project prior to the expiration of any
warranty period and advise the OWNER of any recommended action to
be taken under the terms of the warranty.
VI. Compensation, Runway and Taxiway Extension (1000')
Compensation to ENGINEER for the work defined above shall be as follows:
Item Lump Sum
Items III.B and III.C $37,556
Items III.D, III.E, III.F and III.G $33,851
Total $71,407
Additional Services shall be based on Attachment A, Schedule of Charges,
if requested by the OWNER.
Any applicable new taxes imposed upon services, expenses, and charges by any
governmental body after the execution of this contract will be added as
necessary to the ENGINEER'S compensation. Progress payments may be
requested by the ENGINEER based on the percent complete. Requests for
progress payments will not be more frequent than monthly.
VII. Time of Completion, Runway and Ta~iway Extension (1000')
Time of completion for the services described above shall be 150 days
(exclusive of review time) after the Notice to Proceed is received by the
ENGINEER from the OWNER.
All other provisions, terms, and conditions of the Agreement for Engineering Services
between the City of Denton and Freese and Nichols, Inc., which are not expressly
amended here, shall remain in full force and effect.
This Amendment 3 is executed in two counterparts, on this the __ day_of
,1993.
ATTEST: CITY OF DENTON
OWNER
ATTEST: FREESE AND NICHOLS, INC.
ENGINEER ~
ATTACHMENT A
SCHEDULE OF CItARGES
Staff Member salary Cost Times Multiplier of 2.3
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as' the cost of payroll of engineers, draftsmen, stenographers,
surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus
social security contributions, unemployment compensation insurance, retirement benefits,
medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay
applicable thereto. (Salary Cost is equal to 1.48 times payroll. 'This factor is adjusted
annually.)
Other Direct Expenses Actual Cost Times Multipl/er of 1.15
Other direct expenses shall include outside printing and reproduction expense,
communication expense, travel, transportation and subsistence away from Fort Worth
and other miscellaneous expenses directly related to the work, including costs of
laboratory analysis, test, and other work required to be done by independent persons
other than staff members.
Rates for Inhouse Services
Computer and CAD
PC CAD Stations $10.00 per connect hour
Interpro $12.50 per connect hour
PC Stations $ 8.00 per connect hour
VAX Computer $20.00 per connect hour
Calcomp Plotter $ 3.00 per plot
Print Shop
Bluelines $ 0.07 per square foot
Offset and Xerox Copies $ 0.07 per single side copy
Offset and Xerox Copies $ 0.14 per double side copy
GBC Binding (Regular Cover) $ 2.00 per book
GBC Binding (Emboss. Cover) $ 4.00 per book
Tape Binding (Regular Cover) $1.75 per book
Tape Binding (Emboss. Cover) $ 3.75 per book
4-22-93
AGREEMENT FOR ENGIREER!NG-SERV!CES --
STATE OF TEXAS ()
COUNTY OF DENTON ()
This2Agreement ~a~de, entered into ~nd executed ~his the
of~ * , 1988, by and between City of Denton,
Texas, hereinafter called the "OWNER" and Freese and Nichols, Inc., herein-
after called the "ENGINEER" acting herein, by and through its representative,
duly authorized so to act for and in behalf of said
ENGINEER.
UITNESSETH, that in consideration of th6 c~venants and agreements
herein contained, the parties hereto do mutually'agree as follows:
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and ti}e ENGINEER agrees to perform
professional engineering services in connectioH with the Project as 'stated
in the sections to follow; and for having rendered such services, the ORNER
agrees to pay 'to the ENGINEE~ compensation as stated in the sections to
fol 1 ow.
The Project sha.ll include the following improvements to the Denton
Hunicipal Airport:
A. SCOPE OF AIRPORT IMPROVEMENTS .
1. Road Access to South'Hangar Area*
2. Infield Drainage Improvements
3. -Land Acquisition
North Utility Runway iZR Clear Zone - !3.5 Acres
North Runway 17L Clear Zone - 26.7 Acres
South Runway 35R Clear Zone - 31 Acres
4. North Holding Apron
-1-
5.' Runway 3~-~ [tension lO00-Ft. -
6. Nediun~ Intensity Runway Lights for Runway ~5-R lO00-Ft.
Extension
7. 'Parallel Taxiway Extension a~d Holding Apron
8. Stub Taxiway to Southeast Industrial Area
9. Taxiway Lighti.ng - Medium Intensity
10. Commercial Service Area Paving
11. FBO Paving *
t2. Executive Jet Center Aircraft Parking
13. Other assignments as authorized by the O~,~'NER in writing.
· Improvements. ineligible for AIP funding
SECTION I!
PERIOD OF SERVICE
This Agreement shall b~come effective upon execution by the OWNER and the
ENGINEER and shall continue until the design and construction of the
airport improvements ~escr~bed in Paragraph I and funded by the Federal
Aviation Adm%nistration are completed. However, it is exoressly understood
and agreed to by the parties that ENGINEER shall n~t com, mence the services
set forth in Paragraph IIB. C. and D unless Ii) the
· federal Aviation
Administration has funded the cost of constructihg said improvements and
(ii) written authorization to proceed from OWNER'has been delivered to
ENGINEER.
SECTION -III
BASIC SERVICES
T~e scope of basic services for the Study and Report Phase, Design Phase
and Constr~c:ion Phase-will be restricted to approved and funded
'improvements whether a CapiSal Improvement Project or an Al? improve.aent.
S ~
ubsequ~n~ funded ilnprovements will receive enqineerin_~ services when
notification of allocation or funds are received.
The ENGI~EER shall render the following ~rofessional services for the
development of the Project:
A. DEVELOP P'REAPPL'-~'jN -' ~'-- -
Prepare preap~lication for submittal to the Federal Aviation
Administration for airport improvement and land acquisition
projects eligible to receive Airport Improvement Program Funds.
· The projects to be in the application are identified in the Scope
of Airport Improvements, paragraph I.A.
B. STUDY AND REPORT PHASE
After written notice'from the OWNER to proceed the ENGINEER shall:
1. Consult wi{h OWNER: (1) to review the scope of'work, (2) to
verify the OWNER's requirements for the Project,-and (3) to
. review available d~ta.
2. Advise O~INER as to the necessity of O~lNER's providing 9r
obtaining data or services from others, and assist the
in co'nnection with any such services.
3. Provide'analyses of OWNER's requirements for the project, as
veFified in Section III, Paragraph B.1., including
planning, surveys, site evaluations and.comparative studies
of prospective sites and solutions.
4. Prepare a Report containing'schematic layouts, sketches and
conceptual design criteria with appropriate exhibits to
indicate the considerations involv6d and the alternative
solutions available to O~INER and setting forth ENGINEEr's
findings and recommendations with opinions of probable
construction costs f9r the Project, which includes estimates
of contingencies and allowances for charges of professionals
and consultant~. Allowances for the cost of land and
rights-of-way, compensation for or damages to properties and
interest and financing charges will be provided by the Owner
or others so designated by the OWNER, all of which are
hereafter called "Project Costs". The alternate solu%ions
shall be limited to not mo~e than three.
5. Furnish four copies of the Report to the O~HER. Present and
review the Report with the OWNER.
6. The O~NE~will select a preferred alternative for each
airport improvement.
OWNER and ENGINEER agree that the services contemplated to be
performed by the ENGINEER cannot be defined sufficiently at the
time of execution of this Agreement. Such services shall be
undertaken under the terms of written amendments to-the Agreement
executed by OWNER and ENGINEER. Such amendments shall be approved
by ordinance of the City Council.
C. DESIGN PHASE~-~'~---'' - - ( ...... ~-
After wri-tten'authorization, the ENGINEER shall p~ovide profes-
sional services in this phase as follows:
1. Prepare detailed plans, specifications, contract documents,
designs, and layouts of improvements to be constructed
(surveys to be furnished in Additional Services,-Section IV).
2. Provide the O~NE~ with advice, when requested, with respect
to the making of all subsurface invest!~ations, includin9
Dorings, test pits, soil resistivity surveys, and other sub-
surface explorations; however, th'e making of such investiga-
tions 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
OI~NER.
The ENGINEER shall monitor an~ review the work of testing
laboratories and'inspection bureaus required for the testing
or..inspection of materials, witnessed tests, factory t~sting,
~S~S
etc. for the Project, but thecost of.such laboratory
or inspection shall be paid by .the OWNER.
3. Furnish the owNER, when requested, %he e~gineerin~ data
necessary for applications for routine permits required by
local, state and federal aut'horities..Preparation of
detailed applications and supporting documents for governmen~
~rants or. for planning'advances will be provided as
Additional Services.
4. Submit plans, specifications, and contract documents to the
applicable federal and state agency(s) for approval, where
required.
5. Furnish such information necessary to utility companies whose
facilities may be affected or services may be required for
the Project.
6. Pre~are revised opinion of probable construction cost, and
bidder's proposal forms (project quantities) of the 'improve-
ments to be ~onstructed.
7. Furnish the O~NE~ six (6) sets of copies of plans, specifi-
cations, and bid proposals marked "Preliminary" for approval
by the O~NER. Upon final approval by the O~NER, the
will provide the OWNER forty (40) sets of copies of "Final"
plans. As directed by the O~ER, additional se~s of plans,
specifications and bid documents as are necessary in the
receipt of bids for cons%ruction and as are required in the
executio-n~f'-tme projec{,'shall be f~rn~'--( v the E~IGINEER
and shal b. paid for ~v the OWNER at act~l c~st of
reprodw~tion.
D. CONSTRUCTION PHASE
Upon completion of the design services and approval = "-- ,,
ol rlnal plans
and specifications ~v the O~NER, the ENGINEER wi)l proceed ~dth
the performance of services in this phase as follows:
1. Assist the O~NER in securing bids, issuing notice to bidders
and notifying cons%ruction' news publications. The notice to
bidders will be furnished to the OWNER for publication in the
local .news media. The cost.for publications shall be paid by
the OWNER.
2. Assist the OWNER in the opening, tabulation, and analysis
the bids received and furnish recommendations on the award of
contracts or the appropriate a~tions to' be taken by the
O~NER. ·
3. Assist in the preparation of forma~ contract documents for
construction contracts.
4. Assist in conducting pre-construct'ion conference{s) with the
Contractor{s), review construction schedules prepared by the
Contractor(s), and prepare'a p~oposed estimate of monthly
cash requirements of
~. proJecu.
5. Make ~q_n.~ visit aa'ch month to the site {as distinguished from
the continuous services of a Resident-Project Reoresent-
ative) to observe the progress and the quali-ty
attempt to determine in general if the work is proceedino in
accordance With the ontrac~ d6cuments. In performing th~se
C
'services, the ENGINEER will endeavor to protect the OWNER
against defects and deficiencies in the work of Contractors;
the ENGINEER will report any observed defects or deficiencies
immediately to the OWNER; however~ it is understood that the
ENGINEER does not, guarante~ the C -
- ontr~c~or s performance nor
is he responsible for supervision of the Contractor's
operation and employees. ENGINEER shall not be responsi61e
for the means, methods, techniques, sequences or procedures
of construction selected by ~on~rac~or or the safety pre-
cautions and programs incident to the work of the Contractor.
ENGINEER shall not be responsible for the acts or omissions
· of any per, on except his own employees and agents a~ the
Project site or otherwise performing any of the work of the
Project.
6. Consuls [ ~u~ise with the OWNER du~ing! ~. ruction, make
recommesdations to the O~NER regarding mat?ials and work-
manshi~, and prepare change orders with OWNER's approval.
7. Review samples, catalog data~ schedules, shop drawings,'labo-
rato'ry, shop and mill tests of material and equipment and
other data pursuant to the General Conditions of the Con-
struction Contract.
8. Assist the O~NER in arranging for testing o~ materials and
laboratory control during construction to be conducted at
the O~NER's expense.
9. Interpret intent of the plans and specifications for the
O~NER'and Contractor(s). Investigations, analyses, and
studies requested by the Contractor(s) and approved by the
OWNER, for substitutions of equipment and/or ~aterials or
devi. ations from the plans and specifications will be
considered an Additional Service.
10. Review and comment on monthly and final estimates for payment
to Contractor(s), pursuant to the General Conditions of the
Construction Contract.
1!. Conduct, in company wi th the OWNER's representative, a final
: inspection of the Project for'conformance with the design
· concept of the Project and ~eneral compliance with the con-
tract documents, and review and comment on the certificate
: of completion &nd the recommendation for final payment to the
Contractor(s).
!2. Revise the construction dravzings in accordance with the in-
formation furnished by construction Contractorls) reflecting
changes in the Project made during construction. Two sets of
prints of "Record Drawings" shall be provided by the.ENGINEER
to the OWNER.
SECTION IV
ADDITIOHAL SERVICES
Additional Services' to be performed by %he ENGINEER, if authorized by the
OWNER, which are not included in the above described basic services, are
described as follows:
A. Field Surveying required for the preparation of designs, drawings
and plans. ~
B. Field layouts or the furnishing of construction line ~nd grade
surveys.
C. Investigations~Y~n~-!~ing detailed consi'deration.~of ~pera~ion,
maintenance aK ~,~rhead exp~n~es, and the-pre[~.'~ .on of rate
schedules, eQrnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits
or inventories required for certification of force account con-
struction performed by the OWNER.-
D. Making necessary property, boundary a~d right-of-way surveys,
preparation of easement and deed descriptions, incl-uding title
search and examination of deed records; except there will be no
additional charge for surveying where the ENGINEER can prepare
center-line type descriptions for the procurement of easements
along pipeline routes developed from the design surveys for the
design of pipeline projects; however, additional surveys re-
quired to determine property corners and. complete development of
descriptions for right-of-way easements will be considered an
Additional Service.
E. Prepare Airport Improvementlprogram application an~ supporting
documents for government grants, loans, or planning advances and
providing data for detailed applications.
F. Providing shop, mill, field or laboratory inspection of materials
.and equipment.
G. Preparing any required Operation and 14aintenance Manuals or
conducting operator training and preparing Environmental Impact
Assessments or Statements.
H. Appearing before.regUlatory agencies or courts as an expert wit-
ness in apy litigation with third'partie~or condemnation proceed-
ings arising from the development or construction of the Project,
including the preparation of engineering data and reports for
assistance to the O~NER.
I. Furnishing the services of a Resident Project Representative to
act as the OWNER's on-site representative during the construc-
tion phase, if requested by the OWNER. The Resident Project
Representative will~ act as directed by.the ENGINEER in order to
provide more extensive representatioo at the Project site during
the Construction Phase. The duties and responsibilities and the
limitations on the authority of the Resident Project Representa-
tive and assistants will-be determined by separate written
Agreement to be attached as an amendment to this Agreement. As set
forth in Section III, D.5, the ENGINEER does not guarantee the
Contractor's performance nor is he responsible for supervision of
the Contractor's operation and employees. If the ENGINEE~ is
requested to visit the site more frequently than one ('1) visit
each month as set forth in Section III, Paragraph D.~, the
requested visits shall be considered as an Additional Service and
the ENGINEER shall be entitled to additional compensation.
Through more /~ i~e on-site observation~ o~-~. /ork in pro-
gress and field checks of materials a~d equipment by.the Resident
Project Repre'sentative and assistants, the ENGINEER sh&ll-endeavor
to provide further protection for OWNER against defects and defi-.
ciencies in.the work, but the furnishing of such Resident Project
Representation will not make ENGINEER respo.nsible for construction
means, methods, techniqu6s, 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.
J. Assisti~g the OW~ER in claims disputes with Contractor(s).
K. Performing investigations, studies and analyses of substitutions
of equipment and/or materials or deviations from the p'lans and
· specifications.
L. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such.services, if any, shall be
furnished by ENGINEER on a fee basis negotiated by the respective
parties ·outside of and in addition to this Agreement.
N. Preparing detailed Plans and Specifications for Trench Safety
Systems. '
SECTIOH V :
" RESPONSIBIlITiES OF OWNER
O$~NER shall'do the following in a timely manner so as not to delay the
services of ENGINEER:
A. Designate in writing a person to act as O~NER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have 'contract authority to transmit instruc-
Sions, receive information, interpret and de~ine O~NER's policies'
and decisions with.r~spect to ENGINEER's .services for the Project.
B. Provide all criteria and full .information as to o~_K s require-
ments for. the Project, including 'design objectives and con~
straints, space, capacity and performance requirements, flexi-
bility and exoandability, and any budgetary limitations, and
furnish copies of all design and construction standards which
O~ZNER will require to be included in tile Drawings and Specifica-
tions. -
C. Assist ENGINEER by placing at ENGINEER's disposal all available
info~ma:ion pertinent to the Project including previous reports
and any other data relative to design or construction of The
Project.
D. Arrange for a' ~. to and make all provfsions( , .NGINEER'to
ente~ upon ~ublic and private ~ropert~ as re.qulred for ENGINEER to
perform services under this Agreement.
E. Examine~all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented ~v ENG!NEER, obtain
advice of an attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in
writing decisions pertaining theret6 within a reasonable.time so
-as not to delay the services of ENGINEER.
F. Furnish approvals, and permits from all governmental authorities'
having jurisdiction over the P.roject and such approvals and
consents from others as may be necessary for completion of the
Project..
G. The OWNER shall make or arrange to have made all subsurface
investigations, including but not limited to borings, test pits,
soil resistivity.§urveys, and other subsurface explorations.
OWNER shall also make or arrange, to have made the.interpretations
of data and reports resultin§ from such investigations. -All costs
associated with such investigations shall be paid by tile O;INER.
H. Provide such accounting, independent cost es.timating and i~sur-
ance counseling services a~ may be required for the Project, such
legal services as O~NER ~ay r~qu~re or E~GINEER may reasonably
request with regard to legal iss.ues pertaining to the Project
incl.uding any that may be raise~ by Contractor(s), such auditing
service as OWNER ~y require to'ascertain-hgw or for what purpose
any Contractor has used the moneys paid under'the construction
contract, and such inspection services as OWNER may require to
ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnish-
ing and performing 'the work.
.I. The OWNER sh~ll d~termine, prion to receipt of construction bid,
if the ENGINEER is to furnish Resident Project Representative
service so the Bidders can be informed.
J. If OWNER designates a person to represent O~,~R at the site who is
not the ENGINEER or ENGINEER's agent or employee, the duties, re-
sponsibilities and limitations of authority of sech other person
and the affect thereof on the duties and responsibilities of Engi-
neer and the Resident Project Representative (and any assistants)
will be set forth in an attachment that is to be identified,
attached to and made a par~ of this Agreement before such services
begin.
K. Attend the pre-bid conference, bid opening, pre-conStruction
conferences, construction progress and other job related ~eetings
-9-
and substanti~, completio~ inspections and f'i'.~ ~=yment in'spec-
tions.
L. Give prompt written notice to ENGINEER whenever OWNER observes or
otherwise becomes aware of any development that affects the scope
or timing of ENGII~EER's services, or. any defect or nonconformance
of the work of any Contractor.
M. Furnish, or direct ENGINEER to provide, Additional Services as
stipulated in Section IV of this Agreement or other services as
requi red.
Bear all costs incident to compliance with the requirements of
this Section V.
SECTION V!
COMPENSATION
A. AIP PREAPPLICATION:
Development of the preapplic~tion for airport improvements identi-
fied in Section I.A as eligible for AIP funding will be at
no cost to the.OWNER.
B. BASIC SERVICES
When identifiable airport improvement~ are determined, the
and ENGINEER will agree upon a lump sdm~ompensation fee for the
work defined in Section III which will be made a part of this
Agreement by means of an amendment executed by the OWNER and
ENGINEER. Any applicable'new taxes imposed upon services,
expenses, and char§es by any governmental body after the execution
of this contract will be added as necessary to the ENGiNEER's
compensation~ .Progress payments may be requested by the ENGINEER
based on the percent complete. Requests fo~ progress payments
will not be more frequent than monthly.
C. ADDITIONAL SERVICES:
1. For Resident'Representation and Inspection During Construc- ·
tion and Construction Layout
For the resident representation dorin§ construction and
construction layout ·(Section IV.I), the ENGINEER shall be
paid based on the Schedule of Charges shown in Attachment A.
Payment for resident project representation an~ construction
layout shall be due and payable upon submission of statements
by the E~GINEER. Statements shall not.be submitted more
frequently than monthly.
2. For O~:hei o~doitional Services
For Additional Services in Section IV except resident
representation, the ENGINEER shall be paid based on the
Schedule of Charges shown in-Attachment A. Payments for
Additional Services shall be due and payable upon submission
by the ENGI,qEER. Statements shall not be submitted more
frequently than monthly.
If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty days after receip.t of ENGINEER'S statement
therefore, the amounts, due ENGINEER will be increased at the rate
of 1% per month from said thirtieth day, and in addition, ENGINEER
may, after giving seven days' written notic~ to OUNER, suspend
services under this Agreement until ENGINEER has been paid in full
all amounts due for services, expenses and charges.'
SECTION VII
TIME OF COhIPLETION
OWNER and ENGINEER agree that the time of completion cannot be defined at
the time of executi6n of this contract and shall be made a part of this
Agreement by means 6f an amendment executed by the OWNER and ENGINEER.
SECTION.ViII
OPINION OF PROBABLE CO~RUC~!~ COST
The ENQ!NEER will furnish an opinion of probable construction cost of the
work, but does not guarantee the accuracy of such estimates.
Opinions of probable construction cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian con-
siderations of operations and maintenance cost prepared-bY ENGINEER
hereunder will be made on th~ basis of ENGINEER's experience and
qualifications and represent ENGINEER's best judgement as an experienced
and qualified design professional. I~ is recognized, however, that ENGINEER
does not have control over the cost of labor, material,- equipment or
services furnished .by others or over ~arket conditions or contractors'
methods of determining their prices, and that any utilitarian evaluation of
any facility to be constructed or work to be performed on the basis of the
Report must of necessity be speculative until completion of its detailed
design. ~ccordingly, ENGINEER does not'guarantee that proposals, bids or
actual costs will not vary from opinions, evaluations or studies submitted
by ENginEER to O~NER hereunder. -
SECTION IX - -
REVISION TO PLANS AND SPECIFICATIONS -
The OWNER reserves the right to direct substantial revision of the Plans
and Specifications ~fter approval by the'OWNER as O~;ER may deem necessary,
but in such event the OWNER shall pay to theENGINEER just and eouitable
compensation for services rendered in making such revisions unless such
revisions are necessary due to ENGINEER's lack of diligence, or care.-
SECTION X
OBSERVATION AND REVIEW OF THE WORK
The EI~GiNEER will endeavor to protect the OWNER against defects and de-
ficiencies in the work of Contractors, by observation of the work as it
progresses, by interpretation of the plans, specifications and other
contract documents to and with the Contractors, by the disapproval of
defective work as may be observed and the issuance of stop-orders from the
OWNER with respect to defective ~aterial and workmanship where they are
observed, and the ENGINEER will e~ercise due diligence to assiSt the 01tNER
in requiring that the work be done in accordance with plans and specifi-
cations; but the Contractor will remaih independent contractor with
the OWNER, and the ENGINEER does not guarantee the performance of such
construction contracts. As set forth in Section III, D.5 and Sectfon iV.t,
ENGINEER shall n'ot be responsible for'the means, methods, techniques, .
sequences, or procedures of construction selected by t~e'C'ontract6r, or the
safety precautions and programs incident to the work of ti~e Contractor.
Also the ~NGINE:R shall not be responsible for tY~e acts or omissions of any
person except his own employees and agents at the project site or o~n~P~]se
performing any of the work at'the project.
SECTION XI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and ENGINEER's lndependen~
associates and consultants) pursuant to this Agreement are instruments of
service and E;~GINEER shall retain an ownership and property interest here-
mav: and r~tain'copies ~or information and reference; how-
in. OWNER may .... . . ~
ever, such documents are not ]ntenoeo or represented to be suitable for
reuse by OWNER or others. Any reuse by OWNER without written verification
or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER, o~ to ENGINEER's independent
associates or consultants, and OWNER shall indemnify ~nd hold harmless
ENGINEER and ENGII~EER's independent associates and consultant_s from ail
~laims, damages, losses and expenses including attorneys'.fees arising out
of or resultin§ therefrom. Any such verification or adaptation will '
entitle ENGINEER to further compensation at rates to be.a~reed upon by
OWNER and ENGINEER.
i.-I~
SECTION XI I - ('~ :-
INDEMNITY AGREEMENT
ENGINEER shall indemnify and sa~e harmless~he, OWNER and its officers,
agents, and employees from the liability of the OWNER on account of any
injuries or damages received or sustained by'any person or persons or
property, including court costs and reasonable attorneys fees incurred by
the OWNER, proximately caused by the negligent acts or omissions of the
ENGINEER or its officers, a§ents, or employees in the execution,
operation,'or pqrformance of this Agreement.
In the event of liabilit~ from suits, actions or claims arising out of or
occasioned by the n6§ligence of boti~ the ENGINEER and the %INER,' their
agents'or employees, in the performance of this Agreement, each party
shall contribute toward the sa{isfaction of the liability its propor-
tionate share, which sllare sh~ll:be equal to the percentage of negligence
attributable to the party.
SECTION XIII
ARBITRATION
No arbitration arising out of, or relating to, this Agreement involving
one party to this Agreement may ~nclude the other party to this.Agreement
without their approval. ~
SECTION X~V
TERMiNATIOR OF COMTRACT
The obligation to provide services under this Agreement may be terminated
by either party upon thirty-days' written notice in the event of substan-
tial failure by the other party~to perform in 'accordance with the terms.
thereof through-no fault of the terminating party. In the event of any
termination, ENGINEER will be paid for all services properly rendered and
reimbursable expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attributable to termination.
SECTION XV-
SUCCESSORS AND ASSIGNMENTS
O~INER and E~GINEER each are hereby bound and the partners, successors,
executors, administrators and legal representatives of O;INE~ and ENGINEER
are hereby bound to the other party to this Agreement and to,he partners,
successors, executors, administrators'and legal representatives (and said
assigns) of such other party, in respect of all covenants, agreements and
obl'igations of this Agreement.
Neither OWNER nor ENG-~EER shall assign, sublet-or tra ~t~,. any rights
under or interest.i'n (including, but without limitation, moneys that may
become due or moneys that are due) this Agreement .without the written
consent of the other, except to the extent that any assignment, subletting
or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no.assig~mmnt will release or discharge
the assignor from any duty or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent ENGINEER from employing such
independent associates ahd consultants as E~GINEER may deem appropriate to
assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than O~INER and EI~i~EER, and all
duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of O~NER and ENGINEER and not for the
benefit of any other party.
This Agreement (consisting of pages 1 to 15 inclusive) constitutes the
entire'Agreement between O~NER'and ENGINEER and supersedes all prior
written or oral understandings. This Agreement may only be amended,
supplemented, m6dified or cancelled by a duly executed written instrument.
SECTI'ON XVI
The following Attachments are attached to and made. a past of this Agree.~ent:
Attachment A Schedule of Charges
Ti]is contrac~ is executed in two counterpar~s~
IN T~ST_MONY. n~REOr, they have executed th~s. Agreement, the day
of , 988.
ATTEST: CITY OF DENTON
Owner
-- ;
ATTEST: FREESE A~D I~!CHOLS,. INC.
Engineer
By. ,~,-~ .... : }, ~::_. :--< .... '
CITf A~OF~iEY, - 14-
GF[Y OF D~ON, TEXAS "'
£ ·
_
ATTACHMENT A
SCHEDULE OF CHARGES --
SPECIAL SERVICES
Staff Hembers Salary Cost Times Multipl.ier of 2.3
Resident Repnesentat.ion Salary Cost Time~ Multiplier of 2.0
Salary Cost is defihed as the cost of payroll of engineers, draftsmen,
stenographers, surveymen, clerks, laborers,' etc., for time directly
chargeable to the project, plus social. ~ecur!ty. contributions, unemploy~mnt
compensation insurance, retirement benefits, medical and insurance
bene.fits, longevity payments, sick leave, vacation and holiday pay
applicable thereto. (Salary Cost is equal to 1.41365 times payroll. This
factor is adjusted annually.)
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence a~lay from
Fort ~orth and other miscellaneous expenses 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.
DENTON MUNICIPAL AJRPL...
R/W T/W 1000' EXTENSION
AREA IV DF,~JNAGE IMPROVEMENTS
TASKjMANHOUR SUMMARY
JUNE 10,19~3
--DESIGN PHASE-- PM PE EE
PIC SEN ENG EN(~:{. V V ENG TECH WORD PROC TOTAL
PREUMINAJ:iY
1. LOCAUZER E'VAL 6 6 6 18
2. p bl/QC 2 2 4
SUB-TOTAL 8 6 6 0 2 22
$300 $4c=8 $486 $8 $86 Sl,82o
PREL ENGR. REPORT
1. FIELD SURVEYS 1 1~ 24 41
3. RE~ORT & COST EST 7 20 8 6 6 53
4. REVIEW ~ DENTON 4 4 4 12
5. PMjQC 2 6 4 12
SUBTOTAl. 2 18 50 30 6 106
$278 $1,800 $3,900 $1,410 $198 $7,580
PREL DESIGN
1. PREL DRAW1NGS 14 126 18 142 300
2. PREL SPECIFICATIONS 2 16 8 2 8 36
3. COST ESTIMA'FE 2 14 4 1 21
4. REVIEW ~ DENTON 4 4 4 1 13
5. PM/QC 2 6 6 4 18
SUB -TOTAL 2 28 166 38 144 10 388
$278 $2.800 $12,948 $3,078 $8,768 $330 ' $26,202
FINAL DESIGN
1. FINAL DRAg*INGS 8 82 12 94 196
2. SP EC~:ICATIONS 4 22 8 24 58
3. REVIEW ~DENTON 4 4 8
4, REVISIONS 8 2 12 22
5. TEST1NG pLAN 6 2 2 10
§. PM/QC 2 4 4 4 14
SUB -TOTAL 2 16 12~ 32 106 26 308
$278 $1,600 $g,828 $2,592 $4.982 $858 $20,138
TOTAL DESIGN pHASE $85.746
--BID PHASE--
BIDOING
1. ADVERTISEMENT 8 4 2 14
2. PRE-BID CONFE]~ENCE 4 4 4 12
3. BID OPENING @ DENTON 4 4 ,
4. FAA APPUCATION 6 2"- 8
5. REVIEW 8IDS 4 4 8
6. PM/QC 4 4
SUBTOTAL 8 26 8 4 4 50
TOTAL BID PHASE $800 $2,028 $848 $188 $132 $3,796
--CONSTRUCTION PHASE---.
CONSTRUCTION
1. ~(EC DOCUMENTS 1 2 3
2. PRE-CONST CONF @ DENTON 4 6 6 2 18
3. SITE VISITS (6 trips) 8 36 6 6 56
4. SHOP DWGREV1EW 4 4
5. QUAUTY CONTROL 2 2 4
SUBTOTAL 1 12 50 14 8 85
$139 $1,~30 $3,900 $1,134 $264 $6.637
CLOSEOUT
I. RECORD DWGS 4 8 12
2. WARRANTY INSPECTION 5 5
SUBTOTAL 9 8 17
$702 $378 $1,078
TOTAL CONSTRUCq3ON PHASE $7,715
Total Project Hours 7 90 433 98 292 56 976
Total Project Labor $973 $9,000 $83,774 $7,938 $13.724 $1,848 S~57.257
Travel Expenses $3~0
Computer Expense ~396 DESiGN PHASE
Pnntlng Expense $1.2oo LA~CR $55,745
F&N PROJECT TOTAL $71.407