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.
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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
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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
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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:
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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.
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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.
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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.
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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