Loading...
1993-137t:\WPD6CS\0RD\F&N.3 ORDINANCE NO. 9%3 - /0 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER THREE TO THE AGREEMENT WITH THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR IMPROVE- MENTS TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute Amendment Number Three to the Agreement between the City of Denton and Freese and Nichols, Inc. for professional engineering services for im- provements to Denton Municipal Airport, a copy of which is attached hereto. SECTION II. That the City Council hereby authorizes the expen- diture of funds not to exceed $71,407 in the manner specified in the Agreement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the g / day of , 1993. CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY : ~7(?r L/ Lc~c%~~Y/ ll~ IY i. ~L APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: AMENDMENT NUMBER 3 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 and Two, and is hereby amended by the addition of the following wording to Sections III Basic Services; Section VI, Compensation; and Section VII, Time of Completion. This Amendment describes the additional scope of services to be performed: (1) Extend the runway and taxiway 1000', (2) Extend the MIRL 1000', (3) Drainage 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 feasibility of making the runway extension and localizer relocation will be held with the OWNER and the FAA. If the localizer re- location 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. Preliminary Design Phase After written 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 2. Attend one (1) meeting at the airport 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 (CARD) 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 format. 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. IILD. 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, 3 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 permits 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 described 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: 4 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 performed 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 materials 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) preconstruction 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 of the preconstruction conference to the attendees. 5 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 if 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 performance 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) samples; (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, 111.17 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. 7 VII. Time of Completion. Runway and Taxiway 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 theA day of 1993. ATTEST: CITY OF DENTON OWNER AMR, ATTEST: i FREESE AND NICHOItS, INC. ENGINEER r - n _ I 1 8 ATTACHMENT A SCHEDULE OF CHARGES 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 Multiplier 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 Interpro PC Stations VAX Computer Calcomp Plotter $10.00 per connect hour $12.50 per connect hour $ 8.00 per connect hour $20.00 per connect hour $ 3.00 per plot Print Shop Bluelines Offset and Xerox Copies Offset and Xerox Copies GBC Binding (Regular Cover) GBC Binding (Emboss. Cover) Tape Binding (Regular Cover) Tape Binding (Emboss. Cover) $ 0.07 per square foot $ 0.07 per single side copy $ 0.14 per double side copy $ 2.00 per book $ 4.00 per book $ 1.75 per book $ 3.75 per book 4-22-93 AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS ( ) COUNTY OF DENTON This Agreement made, entered into and executed this the day of ~ 1988, by and between City or uenton, 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. WITNESSETH, that in consideration of the covenants 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 the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay 'to the ENGINEER compensation as stated in the sections to follow. The Project shall include the following improvements to the Denton Municipal Airport: A. SCOPE OF AIRPORT IMPROVEMENTS 1. Road Access to South Hangar Area* 2. Infield Drainage Improvements 3. Land Acquisition Worth Utility Runway 17R Clear Zone - 13.5 Acres Worth Runway 17L Clear Zone - 24.7 Acres South Runway 35R Clear Zone - 31 Acres 4. North Holding Apron -1- 5. Runway 35-P, Extension 1000-Ft. - - 6. Medium Intensity Runway Lights for Runway 35-R 1000-Ft. Extension 7. 'Parallel Taxiway Extension and holding Apron 8. Stub Taxiway to Southeast Industrial Area 9. Taxiway Lighting - Medium Intensity 10, Commercial Service Area Paving 11. FBO Paving X 12. Executive Jet Center Aircraft Parking 13. Other assignments as authorized by the OWNER in writing, *Improvements ineligible for AIP funding SECTION II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall continue until the design and construction of the airport improvements described in Paragraph I and funded by the Federal Aviation Administration are completed. However, it is expressly understood and agreed to by the parties that ENGINEER shall not commence the services set forth in Paragraph 118. C. and D. unless (i) the Federal Aviation Administration has funded the cost of constructing said improvements and (ii) written authorization to proceed from OWNER has been delivered to ENGINEER,. SECTION III BASIC SERVICES The scope of basic services for the Study and Report Phase, Desion Phase and Construction Phase will be restricted to approved and funded improvements whether a Capital Improvement. Project or an AIP improvement. Subsequent funded improvements will receive engineering services when notification of allocation or funds are received. The ENGINEER shall render the following professional services for the development of the Project: -2- A DEVELOP PREAPPLICATION - Prepare preapplication 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 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 OVINER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the'OWNER in connection with any such service. 3. Provide analyses of OWNER's requirements for the project, as verified in Section III, Paragraph 8.1., 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 involved and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations with opinions of probable construction costs for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. 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 solutions shall be limited to not more than three. 5. Furnish four copies of the Report to the OWNER. Present and review the Report with the OWNER. 6. The OWNER 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. -3- r. DESIGN PHASE After written authorization, the ENGINEER shall provide 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 O11NER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other sub- surface explorations; however, the 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 Ol1NER. The ENGINEER shall monitor and review the work of testinq 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. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants or,for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract applicable federal and state agency(s) for required. 5. Furnish such information necessary to util facilities may be affected or services may the Project. documents to the approval, where ty companies whose be required for 6. Prepare revised opinion of probable construction cost, and bidder's proposal forms (project quantities) of the improve- ments to be constructed. 7. Furnish the OWNER six (6) sets of copies of plans, specifi- cations, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER forty (40) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the -a- execution of the project, shall be furnished•by the ENGINEER and shall be paid for by the OWNER, at actual cost of reproduction. 0. CONSTRUCTION PHASE Upon compltin of design and approval o," "Final" plans the performance of services in this phasINE Rfw ll proceed with e as 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying construction 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 of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. 3. Assist in the preparation of formal contract documents for construction contracts. 4. Assist in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estimate of monthly cash requirements of the project. S. Flake one' visit each month to the site the continuous services of a Resident P(as dised rojecttRepresent-rrom ative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the ENGINEER will endeavor to protect the OW14ER 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 guarantee the Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor 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 person except his own employees and agents at the Project site or otherwise performing any of the work of the Project. -5- 6. Consult and advise with the OWNER durino construction, make recommendations to the OWNER regarding materials and work- manship, and prepare change orders with OWN€R's approval. 7. Review samples, catalog data, schedules, shop drawings, labo- ratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Con- struction Contract. 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at the OWNER's expense. 9. Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations 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. 11. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the con- tract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 12. Revise the construction drawings in accordance with the in- formation furnished by construction Contractor(s) 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 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, 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 and grade surveys. -6- C. 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 schedules, and material audits or inventories required for certification of force account con- struction performed by the OWNER. D. Making necessary property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including 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-gray easements will be considered an Additional Service. E. Prepare Airport Improvement Program application and 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 Maintenance Fianuals or conducting operator training and preparing Environmental Impact Assessments or Statements. N. Appearing before-regulatory agencies or courts as an expert wit- ness in any litigation with third parties 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 OWNER. 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 representation 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 ENGINEER is requested to visit the site more frequently than one (1) visit each month as set forth in Section III, Paragraph D.5, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation. -7- Through more extensive on-site observations- of the work in pro- gress and field checks of materials and equipment by the Resident Project Representative and assistants, the ENGINEER shall 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 responsible for construction means, methods, techniques, 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. Assisting the OWNER in claims disputes with Contractor(s). K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans 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. M. Preparing detailed Plans and Specifications for Trench Safety Systems. SECTION V RESPONSIBILITIES Or OWNER OWNER 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 OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instruc- tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. B. Provide all criteria and full information as to OWNEP,'s require- ments for the Project, including design objectives and con- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifica- tions. C. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. -8- D. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as re.quired for ENGINEER to perform services under this Agreement. E. Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto 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 Project 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 -surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the.interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. N. Provide such accounting, independent cost estimating and insur- ance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised. by Contractor(s), such auditing service as D'W14ER may require to 'ascertain how 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 shall determine, prior 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 04lNER at the site who is not the ENGINEER or ENGINEER's agent or employee, the duties, re- sponsibilities and limitations of authority of such 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 part of this Agreement before such services begin. K. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related ne-atings -9- and substantial completion inspections and final payment inspec- 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 ENGINEER's services, or any defect or nonconformance of the work of any Contractor. 11. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required. N. Bear all costs incident to compliance with the requirements of this Section V. SECTION! VI COMPENSATION A. AIP PREAPPLICATION: Development of the preapplication 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 improvements are determined, the OWNIER and ENGINEER will agree upon a lump sum compensation fee for the work defined in Section III which vrill 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 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. C. ADDITIONAL SERVICES: 1. For Resident* Representation and Inspection During Construc- tion and Construction Layout For the resident representation during 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 and construction layout shall be due and payable upon submission of statements by the ENGINEER,. Statements shall not be submitted more frequently than monthly. -10- 2. For Other Additional Services For Additional Services in S representation, the ENGINEER Schedule of Charges shown in Additional Services shall be by the ENGINEER. Statements frequently than monthly. ection IV except resident shall be paid based on the Attachment A. Payments for due and payable upon submission shall not be submitted more If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts, due ENGINEER will be increased at the rate of lq per month from said thirtieth day, and in addition, ENGINEER, may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER, has been paid in full all amounts due for services, expenses and charges. SECTION VII TIME OF COMPLETION OWNER and ENGINEER, agree that the time of completion cannot be defined at the time of execution of this contract and shall be made a part of this Agreement by means of an amendment executed by the OWNER and ENGINEER. SECTION VIII OPINION OF PROBABLE CONSTRUCTION COST The ENGINEER 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 the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional. It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or wor' to be performed on the basis of the Report must of necessity be speculative until completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies subnitted by ENGINEER to OWNER hereunder. - -11- SECTION IX REVISION TO PLANS AND SPECIFICATIONS The OWNER reserves the right to direct substantial revision of the Plans and Specifications after approval by the'OWNER as OW14ER nay deem necessary, but in such event the OWNER shall pay to the ENGINEER just and eauitable 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 ENGINEER 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 material and workmanship where they are observed, and the ENGINEER will exercise due diligence to assist the OWNER in requiring that the work be done in accordance with plans and specifi- cations; but the Contractor will remain 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 Section iV.I, ENGINEER shall not be responsible for the means, methods,. techniques, sequences, or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. - Also the ENGINEER shall not be responsible for the acts or omissions of any person except his own employees and agents at the project site or otherwise performing any of the work at the project. SECTION XI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest here- in. OWNER nay make and retain copies for information and reference; haa- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse by OWI4ER without written verification or adaptation by ENGINEER will be at OWNER's sole risk and without L liability or legal exposure to ENGINEER, or to ENGINEER 's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER, and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys'. fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. -12- SECTION XII - INDEMNITY AGREEMENT ENGINEER shall indemnify and save harmless the. 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, agents, or employees in the execution, operation, or performance of this Agreement. In the event of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNEP, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its propor- tionate share, which share shall 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 include the other party to this Agreement without their approval. SECTION XIV TERMINATION Or CONTRACT 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 OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and 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. -13- Neither OWNER nor 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 an., 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 ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 1lothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and EP1GINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER 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 OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. SECTION XYI The following Attachments are attached to and made a part of this Agreement: Attachment A Schedule of Charges This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the lday of ,c,px 1980. ATTEST: l rw. I m-~ ATTEST: CITY OF DENTON Owner By: X&I FREESE AND NICHOLS, INC. Engineer B GIFT ATTORNEY, CITY OF DENTON, TEXAS r By. ~h 'u. -14- ATTACHME14T A SCHEDULE OF CHARLES SPECIAL SERVICES Staff Members ResT ident Representation Salary Cost Tres Multiplier of 2.3 Salary Cost Tines Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, 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 1.41365 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 away from Fort Worth 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. -15-• DEMON MUNICIPAL AIRPORT R/W T/W 1000'EXTENSION AREA N DRAINAGE IMPROVEMENTS TASK/MANHOUR SUMMARY JUNE 10,1993 --DESIGNPHASE-- PM PE EE PIC SEN ENG ENGR. V V ENG TECH WOR D PROC TOTAL PRELIMINARY 1. LOCAL] ZER EVAL 6 6 6 18 2. PM/QC 2 2 4 SUB-TOTAL 8 6 6 0 2 22 $800 5468 $486 $0 $66 $1,820 PREL ENGR. REPORT 1. FIELD SURVEYS 1 16 24 41 3. REPORT & COST EST 7 26 8 6 6 53 4. REVIEW @ DENTON 4 4 4 12 5. PM/QC 2 6 4 12 SUBTOTAL 2 18 50 30 6 106 $278 $1,800 $3,900 $1,410 $198 $7,586 PREL DESIGN 1. PRELDRAWINGS 14 126 18 142 300 2 PREL SPECIFICATIONS 2 16 8 2 8 36 3. COST ESTIMATE 2 14 4 1 21 4. REVIEW 9 DENTON 4 4 4 1 13 S. PM/QC 2 6 6 4 18 SUB-TOTAL 2 28 166 38 144 10 388 $278 $2,800 $12,948 $3,078 $6,768 $330 $26,202 FINAL DESIGN 1 FINAL DRAWINGS 8 82 12 94 196 2. SPECIFICATIONS 4 22 a 24 58 3. REVIEW @DENTON 4 4 8 4. REVISIONS 8 2 12 22 5. TESTING PLAN 6 2 2 10 6 PM/QC 2 4 4 4 14 SUB-TOTAL 2 16 126 32 106 26 308 $278 $1,600 $9,828 $2,592 $4,982 $858 $20.138 TOTAL DESIGN PHASE $55,746 --BID PHASE-- BIDDING 1. ADVERTISEMENT e 4 2 14 2. PRE-BID CONFERENCE 4 4 4 12 3 BID OPENING 9 DENTON 4 4 4. FAAAPPUCATION 6 2 a 5 REVIEW BIDS 4 4 8 6 PM/DC q 4 SUBTOTAL 8 26 8 4 4 50 TOTAL BID PHASE $800 $2,028 $648 $188 $132 $3,796 --CONSTRUCTION PHASE-- CONSTRUCTION 1. EXEC DOCUMENTS 1 2 3 2 PRE-CONST CONF @ DEMON 4 6 6 2 18 3. SITE VISITS (6 trips) 8 36 6 6 56 4. SHOP DWG REVIEW 4 4 5. QUALITY CONTROL 2 2 4 SUBTOTAL 1 12 50 14 a 85 $139 $1,200 $3,900 $1,134 $264 $6,637 CLOSEOUT 1. RECORD DWGS 4 8 12 2. WARRANTY INSPECTION 5 5 SUBTOTAL 9 8 17 $702 $376 $1,078 TOTAL CONSTRUCTION PHASE $7,715 Total Project Hours 7 90 433 98 292 56 976 Total Project Labor $973 $9,000 $33,774 $7,938 $13,724 $1,848 $67,257 ...EXPENSES... Travel Expenses 5560 Computer Expense $396 DESIGN PHASE Printing F)qlerse $1,200 LABOR $55,746 General Expense $66 EXPENSES $3,050 CADD EXPENSE $1,928 TOTAL EXPENSE $4,150 TOTAL $58,796 -ADDITIONAL SERVICES--* BID PHASE SURVEYING NA (Survey by City of Denton) LABOR $3,796 GEOTECH CONSULTANT NA (By City of Denton) EXPENSES $450 TOTAL $0 TOTAL $4,246 CONSTRUCTION PHASE LABOR $7,715 EXPENSES $650 TOTAL $8,365 F&N PROJECT TOTAL $71,407