1992-058e freenlc ord
ORDINANCE NO ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
FREESE AND NICHOLS, INC FOR ENGINEERING SERVICES RELATED TO THE
DESIGN OF IMPROVEMENTS TO THE EXISTING 5000 FEET RUNWAY, TAXIWAY
AND PARKING APRON AT THE DENTON MUNICIPAL AIRPORT, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Mayor is hereby authorized to execute an
agreement with Freese and Nichols, Inc for engineering services
related to the design of improvements to the existing 5000 feet
runway, taxlway and parking apron at the Denton Municipal Airport,
a copy of which is attached hereto and Incorporated by reference
herein
SECTION II That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement
SECTION IV. That this ordinance shall become effective
immediately upon Its passage and approyal
PASSED AND APPROVED this the ~dday of ~ , 1992
BOB CASTLEBERRY, MAyR~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO D AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
AGREEMENT FOR ENGINEERING SERVICES
This Agreement is entered into this ~&~dday~~, 1992,
by City of Denton, hereinafter called "OWNER" and =~ and Nichols,
Inc , hereinafter called "ENGINEER"
In consideration of the agreements herein, the parties agree as
follows
SECTION I
EMPLOYMENT OF ENGINEER
In accordance with the terms of this Agreement OWNER agrees to employ
ENGINEER, engineer agrees to perform professional engineering services
in connection with the Project, OWNER agrees to pay to ENGINEER
compensation The OWNER'S approval, acceptance, use of or payment for
all or any part of the ENGINEER'S services hereunder or of the Project
itself shall no way alter the ENGINEER'S obligations or the OWNER'S
rights hereunder Furthermore, it is expressly understood that the
Federal Aviation Administration (FAA) has the right to approve the terms
and conditions of this Agreement as well as the proposed scope and costs
of the technical and professional services to be conducted as a part of
the Project In addition, this Agreement is contingent upon receipt of
funds pursuant to an FAA Grant for the purpose of providing the Federal
share of the cost of the Project ENGINEER understands that it may
render services and the Federal Aviation Administration may not award a
grant funding this Project Both parties understand and agree that
OWNER will not pay for any services rendered by ENGINEER unless the
Federal Aviation Administration funds the Project
The Project is improvements to the existing 5000' x 150' runway, full
length taxiway, connecting taxiways and aircraft parking apron at the
Denton Municipal Airport Improvements w~ll include repairs to the
ravelled areas and asphalt cracks in the runway A minimum of 1-1/2"
thick non-structural hot mix asphalt concrete overlay will be designed
for the runway to improve ridability and drainage The overlay w~ll
transition into the existing connecting taxiways at approximately the
end of the radius returns The full length taxlway, connecting taxiways
and aircraft parking apron in the terminal area will receive an asphalt
seal coat New runway and taxiway markings will be provided
SECTION II
BASIC SERVICES
ENGINEER shall render the following professional services in connection
with the development of the Project
A PRELIMINARY PHASE
1 Study and Report Phase
1
Upon execution of this Agreement, ENGINEER shall
a Consult w~th OWNER {1) to rewew the scope of work, (2) to verify
OWNER's requirements for the Project, and (3) to review available
data
b Advise OWNER as to the necessity of OWNER's prowdlng or obtaining
data or services from others, and assist OWNER in connection w~th any
such services
c Provide analyses of OWNER's requirements for the Project, as verified
in Section II, Paragraph A I a , ~nclud~ng planning, surveys, s~te
evaluations and comparative studies of prospective s~tes and
solutions
d Prepare a Report containing schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to ~nd~cate the
considerations ~nvolved and the alternative solutions available to
OWNER and setting forth ENGINEER's f~ndlngs and recommendations w~th
opinions of probable construction costs for the Project, which
~ncludes estimates of contingencies and allowances for charges of
professionals and consultants The alternate solutions shall be
l~mlted to not more than three
e Furnish four (4) cop~es of the Report and present and rewew ~t ~n
person w~th OWNER
2 Preliminary Design Phase
After OWNER has accepted the report and has issued written authorization
to proceed w~th the Preliminary Design Phase, ENGINEER shall
a Prepare preliminary design documents consisting of design criteria,
preliminary drawings and outline specifications
b Based on the information contained ~n the preliminary design
documents, submit a rewsed opinion of probable Project Costs
c Furnish four {4) cop~es of the above preliminary design documents and
present and rewew them w~th OWNER
B DESIGN PHASE
After written authorization, ENGINEER shall prowde professional serwces ~n
th~s phase as follows
2
1 Prepare detailed plans, specifications, contract documents, designs, and
layouts of improvements to be constructed (surveys to be furnished as
Additional Services, pursuant to Section III)
2 Advise OWNER of need for and recommend scope of all subsurface
investigations, special analys~s, hydraulic model studies, underwater
exploration and mapping, etc, and the retention of special consultants
The cost of such services shall be paid by OWNER and are not included ~n
the serwces performed by ENGINEER
3 Furnish OWNER, when requested, the engineering data necessary for
applications for routine permits required by local, state and federal
authorities
4 Submt plans, specifications, and contract documents to the applicable
federal and state agency(s} for approval, where required
5 Furnish such information necessary to utility companies whose facilities
may be affected or services may be required for the Project
6 Prepare revised opinion of probable construction cost, and b~dder's
proposal forms (project quantities) of the improvements to be constructed
7 Furnish OWNER four (4) sets of copies of plans, specifications, and bid
proposals marked "Preliminary" for approval by OWNER Upon final approval
by OWNER, ENGINEER will provide OWNER forty (40) sets of copies of "F~nal"
plans As d~rected by OWNER, additional sets of plans, specifications and
bid documents as are necessary ~n the receipt of b~ds for construction and
as are required in the execution of the Project, shall be furnished by
ENGINEER and shall be paid for by OWNER at actual cost of reproduction
C CONSTRUCTION PHASE
Upon completion of the design services and approval of "Final" plans and
specifications by OWNER, ENGINEER will proceed with the performance of
serwces ~n th~s phase as follows
1 Assist OWNER ~n conducting one (1) pre-bid conference at the airport
2 As$1st OWNER in securing bids, ~ssu~ng notice to bidders and notifying
construction news publications The notice to bidders w~ll be furnished
to OWNER for publication ~n the local news media The cost for
publications shall be paid by OWNER
3 As$1st OWNER ~n the opening, tabulation, and analysis of the b~ds received
and furnish recommendations on the award of contracts or the appropriate
actions to be taken by OWNER
3
4 Assist OWNER in the preparation of formal contract documents for
construction contracts
5 Assist OWNER in conducting one (1) pre-construction conference with the
Contractor{s), review construction schedules prepared by the Contractor{s)
pursuant to the requirements of the construction contract, and prepare a
proposed estimate of monthly cash requirements of the Project
6 Make two {2) visits each month to the site 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 If ENGINEER is
requested to visit the site more frequently than the specified number of
visits each month, the requested visits shall be considered an Additional
Service and ENGINEER shall be entitled to additional compensation
7 On the basis of on-site observations as an engineer, the ENGINEER shall
keep the OWNER informed of the progress and quality of the Work, and shall
exercise care and diligence in discovering and promptly reporting to the
OWNER any defects or deficiencies in the work of Contractor or any
subcontractors ENGINEER shall provide OWNER a written report subsequent
to each on-site visit
The ENGINEER shall render services necessary for the development of the
Project as outlined herein ENGINEER shall exercise the same degree of
care, skill, and diligence in the performance of the Services as is
ordinarily provided by a professional engineer under similar circumstances
and ENGINEER shall, at no cost to OWNER, reperform services which fall to
satisfy the foregoing standard of performance
The ENGINEER shall not have control over or charge of and not be
responsible for construction means, methods, techniques or procedures, or
for safety precautions and programs in connection with the Work The
ENGINEER shall not be responsible for the Contractor's schedules or
failure to carry out the work in accordance with the Contract Documents
except insofar as such failure may result from ENGINEER's negligent acts
or omissions The ENGINEER shall not have control over or charge of acts
or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other person performing portions of the Work
8 Coordinate the work of testing laboratories and ~nspectlon bureaus
required for the testing or inspection of materials, witnessed tests,
factory testing, etc for quality control of the Project The cost of
such quality control shall be paid by OWNER and is not included in the
services to be performed by the ENGINEER
g Consult and advise with OWNER during construction, make recommendations to
OWNER regarding materials and workmanship, and prepare change orders with
OWNER's approval
4
10 Review samples, catalog data, schedules, shop drawings, laboratory, shop
and mill tests of material and test equipment and other data pursuant to
the General Conditions of the Construction Contract
11 Assist OWNER ~n arranging for testing of materials and laboratory control
during construction to be conducted at OWNER's expense
12 Interpret intent of the plans and specifications for OWNER and
Contractor(s) Investigations, analyses, and studies requested by the
Contractor(s) and approved by OWNER, for substitutions of equipment and/or
materials or deviations from the plans and specifications will be
considered an Additional Service
13 Rewew and comment on monthly and f~nal estimates for payment to
Contractor(s), pursuant to the General Conditions of the Construction
Contract
14 Conduct, ~n company with OWNER's representative, a final review of the
Project for conformance with the design concept of the Project and general
compliance w~th the Contract Documents, and review and comment on the
certificate of completion and the recommendation for final payment to the
Contractor(s)
15 Revise the construction drawings ~n accordance with the information
furnished by construction Contractor(s) reflecting changes in the Project
made during construction Two (2) sets of prints of "Record Drawings"
shall be provided by ENGINEER to OWNER
16 Assist OWNER in conducting a Correction Per~od Inspection as set forth in
the construction Contract Documents
SECTION III
ADDITIONAL SERVICES
Additional Services to be performed by ENGINEER, if authorized by OWNER, which are
not included ~n the above described basic services, are described as follows
A Field Surveying required for the preparation of designs, drawings and plans
Benchmark datum shall originate on the a~rport
B Field layouts or the furnishing of construction line and grade surveys
C Making necessary property, boundary and right-of-way surveys, preparation of
easement and deed descriptions, including t~tle search and examination of deed
records
5
D Investigations ~nvolvlng 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 construction performed by OWNER
E Prowding shop, m~ll, field or laboratory inspection of materials and
equipment
F Preparing any required Operation and Maintenance Manuals or conducting
operator training
G Appearing before regulatory agencies or courts as an expert witness ~n any
l~tlgatlon with third part~es or condemnation proceedings arising from the
development or construction of the Project, including the preparation of
engineering data and reports for assistance to OWNER
H Assisting OWNER in claims d~sputes with Contractor(s)
I Performing ~nvest~gat~ons, studies and analyses of substitutions of equipment
and/or materials or deviations from the plans and specifications
J Assisting OWNER in the defense or prosecution of l~t~gat~on ~n connection w~th
or in addition to those services contemplated by this Agreement Such
services, if any, shall be furnished by ENGINEER on a fee bas~s negotiated by
the respective parties outside of and in addition to this Agreement
K Providing enwronmental support services ~ncludlng the design and
implementation of ecological baseline studies, enwronmental monitoring,
impact assessment and analyses, permitting assistance, and other assistance
required to address enwronmental ~ssues
SECTION IV
RESPONSIBILITIES OF OWNER
OWNER shall perform the following ~n a timely manner so as not to delay the
services of ENGINEER
A Designate in writing a person to act as OWNER's representative w~th respect to
the serwces to be rendered under th~s Agreement Such person shall have
contract authority to transmit ~nstructlons, receive information, interpret
and define OWNER's policies and decisions with respect to ENGINEER's serwces
for the Project
B Prowde all criteria and full information as to OWNER's requirements for the
Project, including design objectives and constraints, space, capacity and
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performance requirements, flexibility and expandablllty, and any budgetary
limitations, and furnish cop~es of all design and construction standards which
OWNER w~ll require to be ~ncluded in the plans and specifications
C Assist ENGINEER by placing at ENGINEER's d~sposal all available ~nformat~on
pertinent to the Project ~ncludlng previous reports and any other data
relative to design or construction of the ProJect
D Arrange for access to and make all prowslons for ENGINEER to enter upon
public and private property as required for ENGINEER to perform serwces under
this Agreement
E Examine all studies, reports, sketches, drawings, specifications, proposals
and other documents presented by ENGINEER, obtain adwce of an attorney,
Insurance counselor and other consultants as OWNER deems appropriate for such
examination and render ~n writing decisions pertaining thereto w~thln a
reasonable t~me so as not to delay the serwces of ENGINEER
F Furnish approvals and permits from all governmental authorities hawng
jurisdiction over the ProJect and such approvals and consents from others as
may be necessary for completion of the ProJect
G OWNER shall make or arrange to have made all subsurface ~nvestlgat~ons,
~ncludlng but not limited to borings, test p~ts, 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 w~th such ~nvestlgatlons shall be pa~d by OWNER
H Prowde such accounting, }ndependent cost estimating and insurance 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 ~ssues
pertaining to the Project ~ncludlng any that may be raised by Contractor(s),
such auditing service as OWNER may require to ascertain how or for what
purpose any Contractor has used the moneys paid under the construction
contract, and such ~nspectlon serwces as OWNER may require to ascertain that
Contractor(s) are complying with any law, rule, regulation, ordinance, code or
order applicable to their furnishing and performing the work
I Attend the pre-bid conference, b~d opening, preconstruct~on conferences,
construction progress and other job related meetings and substantial
completion inspections and f~nal payment ~nspectlons
J G~ve prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of
ENGINEER's serwces, or any defect or non-conformance of the work of any
Contractor
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K Furnish, or direct ENGINEER to provide, Additional Services as stipulated in
Section III of th~s Agreement or other services as required
L Bear all costs incident to compliance w~th the requirements of this Section
IV
SECTION V
COMPENSATION
A
CompenSation to ENGINEER for the work defined in Section II shall be the lump
sum amount of $56,904 Progress payments may be requested by the ENGINEER
based on the amount of work complete Requests for progress payments will not
be more frequent than monthly
B ADDITIONAL SERVICES
I For Field Surveying Services
For field surveying ~n Section III, except resident representation,
ENGINEER shall be pa~d the lump sum amount of $6,050
2 Other Additional Services (if requested by OWNER)
For other additional serwces the ENGINEER shall be paid based upon the
Schedule of Charges, Attachment A
SECTION VI
PAYMENT
Payment for the services of ENGINEER shall be due and payable upon submission of a
statement for services to OWNER Statements for serwces shall not be submitted
more frequently than monthly Any applicable new taxes imposed upon services,
expenses, and charges by any governmental body after the execution of this
Agreement will be added to ENGINEER's compensation
If OWNER falls to make any payment due ENGINEER for services and expenses wlthln
thirty (30) days after receipt of ENGINEER's statement for services therefore, the
amounts due ENGINEER will be increased at the rate of one percent (1~) per month
from said thirtieth (30th) day, and, in addition, ENGINEER may, after giving seven
(7) days' written notice to OWNER, suspend services under this Agreement until
ENGINEER has been paid ~n full, all amounts due for serwces, expenses and
charges
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SECTION VII
TIME OF COMPLETION
ENGINEER will commence work on the Project upon execution of this Agreement
ENGINEER shall complete the work identified in Section II A and B wlthln 45 days
after receiwng not~ce-to-proceed
ENGINEER reserves the r~ght to extend the completion schedule due to OWNER's
delays Additional compensation may be requested by ENGINEER if project is unduly
prolonged due to OWNER's delays
SECTION VIII
OPINION OF PROBABLE CONSTRUCTION COST
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, f~nanc~al evaluations, feasibility studies, economic analyses
of alternate solutions and utilitarian considerations of operations and
maintenance cost prepared by ENGINEER hereunder will be made on the bas~s 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 work 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 w~ll not vary
from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder
SECTION IX
REVISION TO PLANS AND SPECIFICATIONS
OWNER reserves the r~ght to direct substantial revision of the plans and
specifications after approval by OWNER, as OWNER may deem necessary, but ~n such
event, OWNER shall pay to ENGINEER just and equitable compensation for services
rendered in making such rewslons
Any defective designs or specifications furnished by the ENGINEER will be promptly
corrected by ENGINEER at no cost to the OWNER
The ENGINEER shall render services necessary for the development of the Project as
outlined here~n ENGINEER shall exercise the same degree of care, sk~ll and
diligence in the performance of the Serwces as is ordinarily provided by a
g
professional engineer under similar circumstances and ENGINEER shall, at no cost
to OWNER, reperform serwces which fall to satisfy the foregoing standard of
performance
SECTION X
OBSERVATION AND REVIEW OF THE WORK
ENGINEER will endeavor to protect OWNER against defects and dehclencles tn the
work of Contractors, by observation of the work as it progresses, by
interpretation of the plans, speclhcatlons and other Contract Documents to and
mth the Contractors, by the disapproval of defective work as may be observed and
the ~ssuance of stop-orders from OWNER mth respect to defective material and
workmanship where they are observed, and ENGINEER will exercise due d~llgence to
assist OWNER ~n reqmmng that the work be done in accordance mth plans and
specifications, but the Contractor will remain ~ndependent contractor w~th OWNER,
and ENGINEER does not guarantee the performance of such construction contracts
ENGINEER shall not be responsible or the acts or omissions of any person except
his own employees and agents at the Project site or othermse performing any of
the work for 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
serwce and ENGINEER shall retain an ownership and property ~nterest herein
OWNER may make and retain cop~es for ~nformatlon and reference, however, such
documents are not ~ntended or represented to be suitable for reuse by OWNER or
others Amy reuse by OWNER or by those who obtained said documents from OWNER
mthout written vemflcat~on or adaptation by ENGINEER mll be at OWNER's sole
msk and without l~ab~l~ty or legal exposure to ENGINEER, or to ENGINEER's
independent associates or consultants, and OWNER shall indemnify and hold harmless
ENGINEER amd ENGINEER's independent associates and consultants from all claims,
damages, losses and expenses ~nclud~ng attorneys' fees arising out of or resulting
therefrom Any such vemflcat~on or adaptation mll entitle ENGINEER to further
reasonable compensation
SECTION XII
ARBITRATION
No arbitration ams~ng out of, or relating to, th~s Agreement lnvolwng one party
to th~s Agreement may include the other party to this Agreement without their
approval
10
SECTION XIII
TERMINATION OF CONTRACT
OWNER may indefinitely suspend further work hereunder or terminate this Contract
or any phase thereof upon thirty (30) days prior written not~ce to the ENGINEER
w~th the understanding that immediately upon receipt of such not~ce all work and
labor being performed under the Contract shall cease ~mmed~ately Before the end
of the thirty (30) day per~od, ENGINEER shall ~nvolce the OWNER for all work
accomplished by it prior to the receipt of such notice No amount shall be due
for lost or anticipated profits All plans, f~eld surveys, and other data related
to the Project shall be come property of the OWNER upon termnat~on of the
Contract and shall be promptly delivered to the OWNER in a reasonable organized
form w~thout restriction on future use except as stated in Section XI Should
OWNER subsequently contract with a new engineer for continuation of serwces on
the Project, ENGINEER shall cooperate in prowd~ng Information
SECTION XIV
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 th~s Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of such other party,
~n respect of all covenants, agreements and obligations of this Agreement
Neither OWNER nor ENGINEER shall assign, sublet or transfer any mghts under or
interest ~n (~nclud~ng, but w~thout limitation, moneys that may become due or
moneys that are due) this Agreement w~thout the written consent of the other,
except to the extent that any assignment, subletting or transfer ~s mandated by
law or the effect of this l~mtatlon may be restricted by law Unless
specifically stated to the contrary ~n any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under th~s Agreement Nothing contained ~n th~s paragraph shall prevent ENGINEER
from employing such independent associates and consultants as ENGINEER may deem
appropriate to assist ~n the performance of services hereunder
SECTION XV
TITLE VI ASSURANCES
During the performance of this contract, ENGINEER, for h~mself, its assignees and
successors in ~nterest (hereinafter referred to as the "ENGINEER" agrees as
follows
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1 Compliance with Reoulatlons. The ENGINEER shall comply with the
Regulations relative to non-dlscrlmnatlon in federally assisted programs
of the Department of Transportation (hereinafter "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract
2 Non-Discrimination The ENGINEER, with regard to the work performed by it
during the contract, shall not dlscrlmnate on the grounds of race, color,
or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment The ENGINEER
shall not participate directly or indirectly in the dlSCrlmnatlon
prohibited by section 21 5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of
the Regulations
3 Solicitations for Subcontractors. Includlnq Procurements of Materials and
~ In all solicitations either by competitive bidding or
negotiation made by the ENGINEER for work to be performed under a
subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the ENGINEER
of the ENGINEER's obligations under this contract and the Regulations
relative to non-discrimination on the grounds of race, color, or national
ori gl n
4 Information and Reports The ENGINEER shall provide all information and
reports required by the Regulations or directives issued pursuant thereto
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration (FAA) to be pertinent to ascertain
compliance with such Regulations, orders, and instructions Where any
information required of ENGINEER is in the exclusive possession of another
who fails or refuses to furnish this information, the ENGINEER shall so
certify to the sponsor or the FAA, as appropriate, and shall set forth
what efforts it has made to obtain the information
5 Sapctlons for Non-Compliance In the event of the ENGINEER's non-
compliance with the non-discrimination provisions of this contract, the
sponsor shall impose such contract sanctions as it or the FAA may
determine to be appropriate, including, but not limited to
a withholding of payments to the ENGINEER under the contract until the
ENGINEER complies, and/or
b cancellation, termination, or suspension of the contract, in whole or
in part
6 Incorporation of Provisions The ENGINEER shall ~nclude the provisions of
paragraphs 1 through 5 in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations of
directives issued pursuant thereto The ENGINEER shall take such action
with respect to any subcontract or procurement as the sponsor or the FAA
may direct as a means of enforcing such provisions including sanctions for
non-compliance Provided, however, that ~n the event ENGINEER becomes
involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the ENGINEER may request the
sponsor to enter into such l~tlgatlon to protect the interests of the
sponsor and, in addition, the ENGINEER may request the United States to
enter into such l~t~gatlon to protect the interests of the United States
SECTION XVI
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
1 Pollcy It is the policy of the Department of Transportation (DOT) that
minority business enterprises as defined ~n 49 CFR Part 23 shall have a
maximum opportunity to participate in the performance of contracts
financed in whole or in part w~th Federal funds under this agreement
Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement
2 MBE Obllaatlon The ENGINEER agrees to ensure that mnorlty bus,ness
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate ~n the performance of contracts financed in whole or ~n part
with Federal funds under th~s agreement In this regard, ENGINEER shall
take all the necessary and reasonable steps in accordance with 49 CFR Part
23 to ensure that minority bus~ness enterprises have the maximum
opportunity to compete for and perform contracts ENGINEER shall not
discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT-assisted contracts
SECTION XVII
INSURANCE
A Prior to the time ENGINEER is entitled to commence any part of the services
under th~s Contract, ENGINEER shall procure, pay for and maintain the
following insurance written by companies licensed ~n the State of Texas or
meeting surplus lines requirements of Texas law and acceptable to the OWNER
The insurance shall be evidenced by delivery to the OWNER of certificates of
insurance executed by the insurer listing coverage and llmts, expiration date
of policy, and certifying that the ~nsurer is licensed to do bus~ness ~n Texas
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or meets the surplus lines requirements of Texas law The insurance
requirements shall remain in effect throughout the term of this Contract
! Worker's Compensation as required by law, Emolover's Liability Insurance
of not less than $100,000 for each accident
2 ~OmDrehenslve General Liability Insurance, lncludlnq Contractual
Liability, covering, but not limited to, the liability assumed under the
indemnification provisions of this Contract, with limits of liability for
bodily injury and property damage of not less than $250,000 Coverage
shall be on an "occurrence" basis, and the policy shall include Broad Form
Property Damage Coverage
3 PrQfes$1onal Liability Insurance (including Errors and Omissions) with
minimum limits of $1,000,000 O0 per occurrence
4 Comprehensive Automobile and Truck Liability Insurance, covering owned,
hired and non-owned vehicles, with minimum limits of $250,000, each
occurrence, for bodily ln3ury and property damage, such insurance to
include coverage for loading and unloading hazards
5 $1,000,000 combined single limits bodily injury and property damaged
liability insurance, including death, as an excess of the primary coverage
required above
B Each insurance policy shall include the following conditions by endorsement to
the policy
1 Each policy shall require that fifteen (15) days prior to the expiration,
cancellation, non-renewal or any material change in coverage, a notice
thereof shall be given to OWNER by certified mall to
City of Denton
Attn Robert E Nelson
Executive Director for Utilities
215 East McKlnney Street
Denton, Texas 76201
2 Companies issuing the insurance policies shall have no recourse against
OWNER for payment of any premiums or assessments for any deductibles and
risk of ENGINEER
3 The term "OWNER" or "City of Denton" shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and offices of OWNER
and the individual members, employees and agents thereof in their official
capacities, and/or wh~le acting on behalf of the City of Denton
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4 The policy clause "Other Insurance" shall not apply to any insurance
coverage held by OWNER, to any such future coverage, or to the OWNER'S
Self-Insured Retentions of whatever nature
ENGINEER hereby waives subrogation rights for loss or damage against OWNER to
the extent same is covered by insurance
SECTION XVIII
ATTACHMENTS
The following Attachments are attached to and made a part of this Agreement
Attachment A - Schedule of Charges
Nothing under th~s Agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than OWNER and ENGINEER, 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
Th~s Agreement 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 canceled by a duly executed written instrument
This contract is executed in two counterparts
~NY HEREOF, they have executed th~s Agreement, the '~day of
, 1992
!
ATTEST CITY OF DENTON
OWNER
ATTEST FREESE AND NICHOLS, INC
ENGINEER
15
ATTACHMENT A
SCHEDULE OF CHARGES
Staff Members Salary Cost Times Multiplier of 2 3
Resident Representation Salary Cost T~mes Multiplier of 2 0
Salary Cost is defined as the cost of payroll of ENGINEER, ENGINEER's employees,
draftsmen, technicians, surveyors, clerks, laborers, etc , for t~me d~rectly
chargeable to the project, plus Social Security contributions, unemployment
compensation ~nsurance, retirement benefits, medical and Insurance benefits,
longevity payments, s~ck leave, vacation and holiday pay applicable hereto
(Salary Cost is equal to 1 48 t~mes payroll Th~s factor is adjusted annually )
Other D~rect Expenses Actual Cost Times Multiplier of 1 15
Other direct expenses shall }nclude printing and reproduction expense,
communication expense, travel, transportation and subsistence away from Fort Worth
and other m~scellaneous expenses d~rectly related to the work, ~nclud~ng costs of
laboratory analys~s, tests, and other work required to be done by independent
persons or agents other than staff members
2-22-91
A-1