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
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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.
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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.
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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.
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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:
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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
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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
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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.
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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)
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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: /~
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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