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1995-193E: \WPDOCS\ORD\ IMPACT. FEE ORDINANCE NO. ~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ASSISTANCE WITH DEVELOPMENT OF IMPACT FEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. SECTION I. That the Mayor is hereby authorized to execute an engineering services agreement between the City of Denton and Freese and Nichols, Inc. for assistance with development of impact fees, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds as outlined in the agreement is hereby authorized. SECTION III. That this ordinance shall become effective immediately upon its passage and~ap~l. ~ PASSED AND APPROVED this th~"'day of , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY AP ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ENGINEERING SERVICES AGREEMENT FOR ASSISTANCE WITH THE DEVELOPMENT OF IMPACT FEES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into on the _~~4~') day of~, 1995, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 ("OWNER") and Freese and Nichols, Inc., with its corporate office at 4055 International Plaza, Suite 200, Fort Worth, Tarrant County, Texas 76109, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF ENGINEER The OWNER agrees to employ ENGINEER and the ENGINEER agrees to perform professional engineering services in connection with the study of impact fees in the City of Denton and within its extraterritorial jurisdiction in accordance with Chapter 395 of the Texas Local Government Code, (the Project), as stated in the article to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the articles to follow. The Project shall include assistance with the development of impact fees. The ENGINEER agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under Page 1 of 19 457-0450 similar circumstances. All work shall be completed in accordance with schedules established in consultation with the OWNER as appropriate to meet the terms and conditions of this Agreement. Time is of the essence and any adjustments to time schedules shall be mutually acceptable to both parties. Provided however, that nothing herein shall make ENGINEER responsible for delay by OWNER. ARTICLE II PERIOD OF SERVICE This Agreement shall become valid upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services and any required extensions approved by the OWNER. This contract may be terminated in accordance with Article XI hereof. ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for the development of water, wastewater, and roadway impact fees for the City of Denton, Texas. Before beginning work on any task, the ENGINEER must receive written authorization to proceed with that task from the OWNER: TASK 1 - Presentation on Impact Fees a. Prepare a presentation on impact fees for the Denton City Council. The presentation shall cover: · Law on impact fees · Approach to fee development · Advantages and disadvantages of impact fees · Alternative sources of financing Fees for other cities in the north central Texas area. Page 2 of 19 457-0450 b. After reviewing the presentation with the City of Denton staff, make the presentation on impact fees to the Denton City Council. TASK 2 - Initial Steps and Land Use Assumptions a. Hold a kick-off meeting on impact fee development with the City of Denton staff. b. Compile and review available data on Denton's roadway, water, and wastewater systems. · Roadway inventory · Traffic count data · Previous capital improvement plans and studies for roadways · Water system maps and inventory · Wastewater system maps and inventory · Previous capital improvement plans and studies for water and wastewater systems · Historical population, land use, water use, wastewater flows, meter counts, traffic counts, and other pertinent data. c. Develop a list of additional data needs and provide the list to City of Denton staff. d. Develop a draft schedule for the development of impact fees. Review the schedule with City of Denton staff and finalize. e. Meet with the Impact Fee Advisory Committee to discuss the approach to impact fee development. f. Work with City of Denton staff to determine the service area boundaries for roadway impact fees and for water and wastewater impact fees. g. Work with City of Denton staff to determine subareas for development of land use and population data. h. Analyze data on current and past population, land use, meters, water use, wastewater flow, and traffic counts to determine relationships and trends. Page 3 of 19 457-0450 i. Develop water and wastewater single family living unit equivalents (SFLUEs) for Denton. j. Attend a presentation of land use assumptions to the Impact Fee Advisory Committee by City of Denton staff. k. Attend a public hearing at which City of Denton staff will present land use assumptions before the Denton City Council. 1. Attend up to two additional progress meetings with City of Denton staff. Additional meetings beyond those listed in items a, e, j, k, and 1 are considered additional services and will be billed as such. Work Products for Task 2 List of additional needs Schedule for development of impact fees TASK 3 - Water and Wastewater Impact Fee Development a. Using available meter and pumping records, develop estimates of existing and projected per capita water use by pressure plane. b. Using available meter and rainfall records, develop projected per capita wastewater flows. Develop an estimate of infiltration and inflow. c. Based on population and land use data developed by City of Denton staff, develop estimated water use and wastewater flows by subarea for current conditions. Develop projected water use and wastewater flows by subarea for 10 years in the future and 25 years in the future. d. Divide the costs of the Capital Improvement Program provided by the City of Denton between current development, development in the next 10 years, and later development. Provide a table listing the improvements, estimated costs, and cost attributable to current development, 10 year development, and later development. Page 4 of 19 457-O45O e. Using information on initial facility cost and facility use provided by the City of Denton, divide the cost of existing facilities between current development, 10 year development, and later development. f. Based on the financing method proposed by City of Denton staff, determine the appropriate interest chargeable to impact fees. g. Compute the maximum allowable water and wastewater impact fees. h. Develop recommended water and wastewater impact fees. i. Prepare a report that documents the methodology, findings, and recommendations of the study. Submit 10 copies of the report to the City of Denton for review. Based on written comments, prepare and submit 10 copies of a final report. j. Present the analyses and results to the Impact Fee Advisory Committee. k. Present the analyses and results at a public hearing before the Denton City Council. 1. Attend up to two additional meetings with City of Denton staff and one additional meeting with the Impact Fee Advisory Committee. Additional meetings beyond those listed in items j, k, and 1 are considered additional services and will be billed as such. Work Products for Task 3 Table dividing CIP costs Water use and wastewater flows by subarea Report Presentation to Impact Fee Advisory Committee Presentation at public hearing TASK 4 - Roadway Impact Fee Development a. Prepare an inventory of existing thoroughfares (arterial and collector streets). Based on available data and on the roadway service area boundaries, prepare an inventory of existing thoroughfares in the city. The inventory will include the following information, by service area: Page 5 of 19 457-0450 Roadway segment name Roadway segment limits · Length (in miles) Number of lanes · Type (divided, undivided, minor arterial, major arterial, etc.) Existing traffic volume (by direction during peak hour) Capacity supplied Existing deficiencies (if any) b. Determine new roadway demand. Work closely with the North Central Texas Council of Governments to determine the number of trips that will be generated in each service area over the next ten years and the next 25 years. The new trips will be multiplied by the average trip length to determine the new vehicle miles of demand generated by new development. [For the purpose of the fee estimate, it is assumed that any fee charged by the NCTCOG for providing services to this study will be paid by the City of Denton under a separate agreement between the City of Denton and the NCTCOG.] c. Prepare a roadway Capital Improvements Program. Work closely with the North Central Texas Council of Governments to prepare a ten (10) year traffic projection for the city. Work closely with City of Denton staff to identify and recommend specific roadway projects and develop cost estimates. Cost estimates will include engineering, right-of-way, construction, bridges, and traffic signals. It is assumed that the City of Denton will provide information as it relates to financial costs of proposed projects, any previous assessment collected from development for roadway improvements and assist in determination of unit cost for right-of-way acquisition. [For purposes of a fee estimate, it is assumed that any fee charged by the NCTCOG for providing services to this study will be paid by the City of Denton under a separate agreement between the City of Denton and the NCTCOG.] The following information will be developed: · Roadway segment name · Proposed project limits · Number of lanes · Length · Project cost Page 6 of 19 457-0450 d. Prepare a roadway projects database. Utilize information contained in the Capital Improvement Program to develop a roadway projects database for each service area, to include the following information: Roadway segment name · Roadway segment limits · Number of lanes · Length · Type Cost · Number of vehicle miles of capacity supplied e. Calculate a maximum cost per service unit (vehicle mile of travel) for each service area. f. Develop a land use equivalency table. Prepare a listing of specific land use types (based on ITE land use categories) and develop a recommended service unit generation rate for each land use. The service unit generation rate will be based on the number of primary trips generated by the land use during the peak hour and the average trip length. g. Prepare a report that documents the methodology, findings, and recommendations of the study. Submit 10 copies of the report to the City of Denton for review. Based on written comments, prepare and submit 10 copies of a final report. h. Present the analyses and results to the Advisory Committee. i. Present the analyses and results at a public hearing before the Denton City Council. j. Attend up to two additional meetings with City of Denton staff and one additional meeting with the Impact Fee Advisory Committee. Additional meetings beyond those listed in items h, i and j are considered additional services and will be billed as such. Work Products for Task 4 Inventory of existing roadways Roadway Capital Improvements Program Roadway projects database Page 7 of 19 457-0450 Landuse equivalency table Report Presentation to Impact Fee Advisory Committee Presentation at public hearing ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, unless so identified, are described as follows: A. Attendance at additional meetings beyond those laid out in Article III. B. Assistance with accounting procedures to implement impact fee accounting. C. Assistance with development of water and wastewater Capital Improvement Programs to be provided by OWNER. D. 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. E. Sampling, testing or analysis beyond that specifically included in Basic Services. F. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedule, and material audits or inventories required for certification of force account construction performed by the OWNER. G. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. H. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Page 8 of 19 457-0450 I. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. J. Providing geotechnical investigations for the site including soil borings, related analyses and recommendations. K. Providing expertise for the update and validation of the Denton traffic forecasting model (TRANPLAN). L. Any additional services required by the OWNER not included in Basic Services. ARTICLE V RESPONSIBILITIES OF OWNER A. Designate in writing a person to serve as OWNER's representative with respect to the services to be rendered under this agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENGINEER's services for this project. B. Assist the ENGINEER by placing at the ENGINEER's disposal all available information pertinent to the project, including previous reports. C. Provide a reproducible base map of the city, a City Thoroughfare Plan map, and water and wastewater system maps. D. Provide an existing roadway inventory of all existing thoroughfares (arterial and collector streets). Specific information to be provided includes: · Roadway name · Roadway segment limits · Length (in miles) · Number of lanes · Type (divided, undivided, minor arterial, major collector, etc.) · P.M. Peak hour directional traffic volumes (as current as possible) Page 9 of 19 45%0450 E. Select and appoint an Impact Fee Advisory Committee. F. Carry out land use planning required for impact fee development as follows: · Determine the current population and land use for the designated planning subareas (traffic survey zones) and analyze past trends in population and land use. Project growth in population and land use by subarea for the next ten years and the next 25 years. Prepare land use assumptions for presentation to the Impact Fee Advisory Committee and the City Council. Present land use assumptions to the Impact Fee Advisory Committee. · Present land use assumptions at a public hearing before the Denton City Council and obtain City Council approval of land use assumptions. G. Provide a water and wastewater Capital Improvements Program (developed by a registered professional engineer): · Develop and/or update an appropriate water distribution system model. · Develop and/or update an appropriate wastewater collection system model. · Determine improvements needed for the water distribution system for current conditions, 10-year growth, and 25-year growth. · Determine improvements needed for the wastewater collection system for current conditions, 10-year growth, and 25-year growth. · Determine improvements needed for raw water delivery, water treatment, treated water storage, and wastewater treatment for current .conditions, 10- year growth, and 25-year growth. Consider Key Rate Insurance requirements and TNRCC regulation in determining treated water storage needs. · Develop a Capital Improvements Program for the next 10 years for water and wastewater. H. Develop cost estimates for the Capital Improvements Program for water and wastewater. I. Provide information (based on modeling) on the use of new facilities under current conditions, in 10 years, and in 25 years. Page 10 of 19 457-0450 J. Provide a list of existing water and wastewater facilities with unused capacity to be considered in impact development. Include date constructed, initial cost, and use under current conditions, in 10 years and in 25 years. K. If necessary, provide payment to NCTCOG for their work to develop roadway demand and 10-year traffic projections.. L. Provide information on the method of financing expected for water, wastewater and roadway Capital Improvement Programs. M. Bear all costs incident to performance of this ARTICLE V. ARTICLE VI COMPENSATION A. COMPENSATION TERMS 1. "Salary Cost" is defined as the cost of payroll for ENGINEER, ENGINEER's employees, draftsmen, technicians, surveyors, clerks, laborers, etc. for 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). 2. "Sub-Contract Expense" is defined as the expense that is incurred by ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, process design and similar services that are not included in the Basic Services. 3. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. Page ll of 19 457-0450 B. BASIC SERVICES For and in consideration of Basic Services to be rendered by ENGINEER, OWNER agrees to pay based on the Schedule of Charges shown in Attachment A, with total fee not to exceed the cumulative fee authorized by OWNER. Authorization by OWNER of each task will add to the cumulative fee authorized as follows: Task Additional Fee Authorized Task 1 - Presentation on Impact Fees $ 3,400 Task 2 - Initial Steps and Land Use Assumptions $ 25,300 Task 3 - Water and Wastewater Impact Fee Development $ 24,900 Task 4 - Roadway Impact Fee Development $ 41,300 Total Maximum Fee $ 94,900 The not to exceed limit shall apply to the total of all authorized tasks and not to each task individually. Partial payments to the ENGINEER will be made on the basis of monthly statements indicating the progress of the work, showing hourly rates based on the Schedule of Charges attached to and made a part of this agreement as Exhibit A, the services performed and who performed the work, rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may withhold the final 5% of the contract amount until completion of the project. Nothing contained in the article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the City Manager or which is not submitted in compliance with the terms of this Contract. The City shall not be required to make any payments to the ENGINEER when the ENGINEER is in default under this Contract. It is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without first obtained written authorization from the Page 12 of 19 457-0450 OWNER. ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. D. PAYMENT If the OWNER fails to make payments due the ENGINEER for services satisfactorily performed and expenses within forty-five (45) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (1%) per month from said forty-fifth (45th) day, and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges. Provided, however, nothing herein shall allow ENGINEER to increase the amounts due hereunder or to suspend services for OWNER's failure to pay for services which are unsatisfactory as reasonably determined by OWNER's City Manager or which are not submitted in compliance with this contract. 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. ENGINEER understands and agrees that OWNER is a municipal corporation and a political subdivision of the State of Texas which is exempt from most taxes and assessments. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement shall become the property of the OWNER on the termination of this agreement. The ENGINEER may make and retain copies of all documents for information, reference and use in related projects. Any use by OWNER of these documents in any other project unrelated to this project shall be at OWNER's sole risk and expense. Page 13 of 19 457-0450 ARTICLE VIII INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless and defend the OWNER and its officers, agents, and employees, at ENGINEERS cost, from all claims or suits on account of any injuries or damages received or sustained or liability of whatever kind or character 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, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. ARTICLE IX INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance with a company rated at least B+/X by Best's Key Rating Guide authorized to do business in Texas and shall name OWNER as an additional insured on all such policies: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employers Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. Page 14 of 19 457-0450 E. The ENGINEER shall furnish insurance certificates to evidence such coverages. The certificates shall contain a provision that such insurance shall not be canceled, non-renewed or materially modified without 30 days prior written notice to OWNER, evidenced by return receipt of United States Certified Mail. ENGINEER shall furnish OWNER with copies of these policies or certificates evidencing such coverage within ten days of the date of execution of this agreement. .ARTICLE X ARBITRATION No arbitration mediation or other form of alternate dispute resolution arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the other's approval. ARTICLE XI TERMINATION OF CONTRACT A. This Agreement may be terminated by either party upon thirty (30) days written notice. In the event of any termination, the ENGINEER will be paid for all satisfactorily completed services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information. B. This agreement may be terminated in whole or in part, by notice in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this agreement. No such termination may be affective, unless the other party is given (1) written notice, (delivered by Certified Mail, return receipt requested) of intent to terminate, indicating the substantial failure and giving the party thirty (30) calendar days to cure the failure; and, (2) an opportunity for consultation between the parties. Page 15 of 19 457-0450 ARTICLE XII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (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 assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER 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 the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages 1 to 19 with Exhibits as listed in Article XV, constitutes the entire Agreement between the OWNER and the ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect Page 16 of 19 457-0450 in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing. If intended for the OWNER to: If intended for the ENGINEER to: City of Denton Freese and Nichols, Inc. Attn: Lloyd Harrell Thomas C. Gooch, P.E. City Manager 4055 International Plaza 215 East McKinney Street Suite 200 Denton, Texas 76201 Fort Worth, Texas 76109 ARTICLE XV A. The following exhibits are attached to and made a part of this Agreement: EXHIBIT A - Schedule of Charges B. A waiver by either the ENGINEER or the City of any breach of a prov/sion of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or future breach. C. Upon termination of this Agreement, ENGINEER shall provide OWNER with all completed or partially completed engineering documents prepared under this Agreement. D. ENGINEER agrees that OWNER shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any Page 17 of 19 457-0450 directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that OWNER shall have access during normal working hours to all necessa~ ENGINEER facilities and shall be provided adequate work space in order to conduct audits in compliance with the provisions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. E. Venue of any suit or cause of action under this Agreement shall exclusively lie in a court of competent jurisdiction in Denton County, Texas. F. ENGINEER shall comply with applicable Federal, State and Local laws, rules, regulations and ordinances applicable to the services ordered by this agreement. G. In performing the services required hereunder, the ENGINEER shall utilize personnel, agents or associates who shall be qualified and shall be authorized under applicable laws to perform such services. H. The captions of this agreement are for informational purposes only and shall not in any way affect the substantive terms and conditions of this agreement. The parties represent that the officers signing this agreement below are duly authorized to fully bind the parties to the terms and conditions of this agreement and have executed same on this __ day of September, 1995. Page t8 of 19 457-0450 This contract is executed in four counterparts. CITY OF DENTON, TEXAS ATTEST: Bob Cistleberry, Mayo[ Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: City Attorney FREESE AND NICHOLS, INC. Engineer Ro~nnie~ '~M/.~m'~s, P.E. Senior Vice President WITNESS: /~ Page 19 of 19 45%0450 EXHIBIT A SCHEDULE OF CHARGES BILLABLE SALARY RATES POs~'noN MIN MAX PRINICIP~. 158.02 176.87 DEPT. MANAC~R 100.87 162.01 ASST. DEPT. MANAGER 79.94 99.93 DEPT. COORDINATOR 85,41 106.76 PROGRAM MANAGER 75.31 94.14 SENIOR ENGINEER 91.91 126.09 ENGINEER V 80.01 105.84 ENGINEER IV 66.87 96.87 ENGINEER III 60.64 82.20 ENGINEER I1 50.82 67,16 ENGINEER I 50.01 62.95 ENGINEER IV/CADD COORDINATOR 67.07 83.84 SR. ELECTRIC/q. ENGINEER 97.00 121.24 ELECTRICAL ENGINEER V 79.36 99.20 ELECTRICAL ENGINEER IV 73.16 88.49 ELECTRICAL ENGINEER III 52.73 65.91 SR. MECHANIC,N. ENGINEER 104.98 122.26 MECHANICN. ENGINEER IV 64.05 80.06 MECHANICAL ENGINEER III 47.35 59.19 RESIDENT ENGINEER 92.66 115.82 SENIOR RESIDENT REPRESENTATIVE 67.72 80.70 FIELD REPRESENTATIVE II 46.34 57.62 DESIGNER II 72.20 92.93 DESIGNER I 64.99 83.61 SENIOR ENGINEERING TECHNICIAN 65.46 79.89 ENGINEERING TECHNICIAN 47.~6 63.54 TECHNICIAN II 42.42 62.95 TECHNICIAN I 37.25 47.76 DRAF'rER 28.17 35.22 CONSTRUCTION SERVICES TECH II 42.15 52.69 CONSTRUCTION SERVICES TECH I 25.77 32.22 PLANNER IV 69.60 84.32 ENVIRONMENTAL SCIENTIST VI & ASST DEPT MANAGER 74.88 93.60 ENVIRONMENTAL SCIENTIST V 67,11 83.89 ENVIRONMENTAL SCIENTIST IV 66.91 71.52 ENVIRONMENTAL SCIENTIST III 68.76 75.22 ENVIRONMENTAL SCIENTIST II 49.50 55.65 ENVIRONMENTAL SCIENTIST I 41.05 46.42 ARCHITECT V 87.18 99.89 ARCHITECT IV 78.60 90.78 ARCHITECT III 56.91 71.14 ARCHITECT II 56.59 59.91 SENIOR GEOLOGIST 71.45 89.32 HYDROLOGIST II 49.89 54.98 HYDROGEOLOGIST 64.06 80.07 WORD PROCESSING/SECRETARIAL 34.78 40.24 ASSISTANT TO DIVISION MANAGER 54.88 74.33 CONTRACT ADMINISTRATOR 49.65 62.06 INFORMATION SERVICES CLERK 32.37 40.46 CO-OP 17.24 39.25 RATES FOR INHOUSE SERVICES ~ cC~c ADUtM and C/~O CaJcomp Plotter Stations $10.00 pM hour Bond $2.00 pM plo~ Interpro $12.50 per hour Color $3.50 per plot PC Stations $8.00 per hou~ Vellum $4.00 per plot VAX Computer $30.00 p~ hour Myler $10.00 per plot Bluelines $0.07 per squere foot Off, et and Xerox Copies $0.07 per single side copy Offset and Xerox Copies $0,14 per do~ble side copy GBC Binding(Reg. Cover) $2.00 per book GBC Binding(Embes~. Cover) $4.00 per book Tape Binding(Reg. Cover) $1.75 per book Tape Binding(Emboss. Cover) $3.75 per book TMttho AM)Ma~US Density Meter $350.00 per month Gas Detection $10.00 per test OTHER DIRECT EXPENSES O~h~ direc~ ~ are rehabmsed s~ actual co~ fi. mesa multiplier of 1.10. ~lhey include c~tslde p~nfing and reproducfic~ cpm:A 02-28-95