2002-109ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FREESE & NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES
RELATED TO RESIDENT REPRESENTATION DURING CONSTRUCTION AND
FOR MATERIALS AND DENSITY TESTING REGARDING THE LAKE RAY
ROBERTS 54-INCH FINISHED WATER TRANSMISSION PIPELINE AND THE
LOOP 288 42-INCH AND 36 INCH WATER TRANSMISSION PIPELINES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage
Freese & Nichols, Inc. a Corporation, of Fort Worth, Texas ("F&N"), to provide
professional engineering services perta'ming to resident representation during construction
and for materials and density testing regarding the Lake Ray Roberts 54-inch fmished
water transmission pipeline and the Loop 288 42-inch and 36-inch water transmission
pipelines; and
WHEREAS, the City staff has reported to the City Council that there is a
substantial need for the above-referenced professional engineering services, and that
limited City staff cannot adequately perform the specialized services and tasks with its own
personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
"Professional Services Procurement Act," generally provides that a City may not select a
provider of professional services on the basis of competitive bids, but must select the
provider on the basis of demonstrated competence, knowledge, and qualifications, and for
a fair and reasonable price; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a
Professional Services Agreement with Freese & Nichols, Inc., a Corporation, of Fort
Worth, Texas, for professional engineering services pertaining to resident representative
during construction and for materials and density testing regarding the Lake Ray Roberts
54-inch fmished water transmission pipeline and the Loop 288 42-inch and 36-inch water
transmission pipelines, in an amount not to exceed $120,000; in substantially the form of
the Professional Services Agreement attached hereto and incorporated herewith by
reference.
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of F&N and the demonstrated
ability of F&N to perform the services needed by the City for a fair and reasonable price.
SECTION3: That the expenditure of funds as provided in the attached
Professional Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its
passage and approval.
~ .~ .
PASSED AND APPROVED this the //~ --day of~, 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
S:\Our Doc uments\Ordinances\02\Freese & Nichols, Inc.-Inspection-Construction Phase PSA 2002.doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR THE RESIDENT PROJECT REPRESENTATIVE
FOR WATER PIPELINE CONSTRUCTION.
THIS AGREEMENT is made and entered into as of the/_~'day of /~/~/'~ ,
2002, by and between the City of Denton, Texas, a Texas Municipal Corpc~ration, with its
principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and
Freese and Nichols, Inc., a Texas Corporation, with its offices at 4055 International Plaza, Suite
200, Fort Worth, Texas, 76109 (hereafter "CONSULTANT"); the parties acting herein, by and
through their 'duly-authorized representatives and officers.
WITNESSETH, that in consideration of the mutual promises, covenants, agreements
herein, and in consideration of the premises, the parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and
the CONSULTANT hereby agrees to perform the services herein in connection with the Project
as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional services
set forth herein are in connection with the following described project (the "Project"):
Professional resident project represemation services pertaining to the construction phase
for two water pipeline construction contracts, the 54" Lake Ray Roberts Finished Water Pipeline
and the Loop 288 36" and 42" Water Pipelines.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional
manner:
A. To perform those professional services as set forth in the Scope of Work and Fee Proposal -
Lake Kay Roberts 54-Inch and 42/36-Inch Finished Water Pipelines for the City of Denton,
Texas dated February 28, 2002, prepared by CONSULTANT for OWNER; which document
is attached hereto as Exhibit "A," and is incorporated herein by reference; which document is
comprised of, and subdivided into the following three (3) sections:
1. Cover letter dated February 28, 2002
Page 1 of 11
2. Attachment "A" - City of Denton, Lake Ray Koberts 54-Inch and 42/36-Inch
Finished Water Pipeline Project Construction Phase Scope of Services
3. Attachment "B" - Isbell Engineering Group Kate schedule
B. If there is any conflict, or if any conflict arises between the terms of this Agreement and
Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement shall
control over the terms and conditions of the Exhibit.
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included as Basic Services in the above-described Scope of Services, set forth as
provided by Article II. above, shall be later agreed-upon by OWNEK and CONSULTANT, who
shall determine, in writing, the scope of such additional services, the amount of compensation for
such additional services, and other essential terms pertaining to the provision of SUch additional
services by the CONSULTANT.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon its execution by the OWNER and the
CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and shall remain
in force and effect for the period that may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required extensions approved by the
OWNER. This Agreement may be sooner terminated in accordance with the provisions hereo£
Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to
complete the services set forth herein as expeditiously as possible and to meet the schedule
reasonably established by the OWNER, acting through its City Manager, or its Assistant City
Manager for Utilities, or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
"Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area
of professional engineering, or related services. Any subcontractor or sub-consultant
billing reasonably incurred by the CONSULTANT in connection with the Project
shall be invoiced to OWNER at the actual cost plus ten pement.
"Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for
any out-of-pocket expense reasonably incurred by the CONSULTANT in the
performance of this Agreement for long distance telephone charges,'telecopy charges,
messenger services, printing and reproduction expenses, out-of-pocket expenses for
Page 2 of 11
purchased computer time, prudently incurred travel expenses related to the work on
the Project, and similar incidental expenses incurred in connection with the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as
follows:
CONSULTANT shall perform its work on this Project in accordance with the provisions
of those tasks which are described and as set forth in the Exhibit A, attached hereto and
incorporated herewith by reference. CONSULTANT shall bill from time sheets, on a
once-monthly basis, in minimum 1/2 hour or smaller time increments, at the 'hourly
Billing Rates or as othe~vise provided. For and in consideration of the professional
services to be performed by the CONSULTANT herein, the OWNER agrees to pay, at an
hourly rate shown in Exhibit "A" which is incorporated herewith by reference, a total fee,
including reimbursement for direct non-labor expenses and for its subcontractor expense,
an amount not to exceed $120,000, which amount includes a budget of $105,000 for the
Resident Project Representative, and $15,000 for the sub-consultant materials testing
services.
Partial payments to the CONSULTANT will be made monthly in accordance with the
statements .reflecting the actual completion of the -Basic Services, rendered to and
approved by the OWNER through its City Manager or its Assistant City Manager for
Utilities, or his designee. However, under no circumstances shall any monthly statement
for services exceed the value of the work performed at the time a statement is rendered.
The OWNER may withhold the final ten (10%) percent of the above not-to-exceed
amount until satisfactory completion of the Project by the CONSULTANT.
Nothing contained in this Article shall reqUire the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the City. Manager, or its Assistant City
Manager for Utilities, or his designee, or which is not submitted by CONSULTANT to
the OWNER in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT at any time when the
CONSULTANT is in default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not-to-
exceed amount as stated hereinabove, without first having obtained the prior written
authorization from the OWNER. CONSULTANT shall not proceed to perform any
services to be later provided for under Article HI. "Additional Services" without first
obtaining prior written authorization fi'om the OWNER.
Page 3 of 11
ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in
Article III. hereinabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges. Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V.B.
hereinabove. Statements for Basic Services and any Additional Services shall be submitted
to OWNER no more frequently than once monthly.
PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services
and expenses within forty-five (45) days after receipt of the CONSULTANT'S undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of one
percent (1%) per month from and after the said forty-fifth (45th) day, and in addition,
thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER,
suspend services under this Agreement until the CONSULTANT has been paid in full for all
amounts then due and owing, and not disputed by OWNER. for services, expenses and
charges. Provided, however, nothing herein shall require the OWNER to pay the late charge
of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that
the CONSULTANT's work is unsatisfactory, in accordance with Article V.B. of this
Agreement, and OWNER has notified CONSULTANT of that fact in writing.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any of its subcontractors or sub-consultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project and
OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense.
In the event the OWNER uses the Agreement in another project or for other purposes than
specified herein any of the information or materials developed pursuant to this Agreement,
CONSULTANT is released from any and all liability relating to their use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER CONSULTANT shall not have or Claim any right arising from
employee status.
Page 4 of 11
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, subcontractors, subconsultants, attorneys,
and/or employees in the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement and nothing herein shall'waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best
Rate Carriers of at least an "A-" or above.
Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate; and with
property damage limits of not less than $100,000 for each occurrence, and not less than
$100,000 in the aggregate.
Automobile Liability Insurance with bodily, injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident; and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
CONSULTANT shall furnish insurance certificates or insurance policies to the OWNER to
evidence such insurance coverage. The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent that is legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without at least thirty (30)
days prior written notice to OWNER and CONSULTANT. In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation of coverage,
Page 5 of 11
deliver copies of any such substitute policies, furnishing at least the same policy limits and
coverage; to OWNER.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving
one party's disagreement, may include the other party to the disagreement without the other's
approval.
ARTICLE XII
TERMINATION OF AGREEMENT
.A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
.This Agreement may alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination.
If this Agreement is terminated prior tO completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNEK within
twenty (20) days after the date of termination. The OWNEK shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with gxticle
V. of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or furnished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents,
subcontractors, and sub-consultants for the accuracy and competency of their designs or other
Page 6 of 11
work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed
as an assumption of such responsibility by the OWNER for any defect in the design or other
work prepared by the CONSLrLTANT, its principals, officers, employees, agents,
subcontractors, and sub-consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered to; or telecopied to; or mailed to the respective parties by depositing
same in the United States mail at the addresses shown below, postage prepaid, certified mail,
remm receipt requested, unless otherwise specified herein:
To CONSULTANT:
To OWNER:
Freese and Nichols, Inc.
Robert F. Pence, President
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
Fax: (817) 735-7490
City of Denton, Texas
City Manager
215 East McKinney
Denton, Texas 76201
Fax: (940) 349-8596
Ail notices given under this Agreement shall be effective upon their actual receipt by the
party to whom such notice is given.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of eleven (11) pages and one (1) Exhibit constitutes the
complete and final expression of the agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, understandings,
and agreements which may have been made in connection with the subject matter of this
Agreement.
ARTICLE XVI
SEVERABILTY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement, and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement, to the extent reasonably possible, to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to
expressing the original intentions of the parties respecting any such stricken provision.
Page 7 of 11
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations,
and ordinances applicable to the woik performed by CONSULTANT hereunder, as they may
now read or as they may hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. ' CONSULTANT represents t.hat it has or will. secure at its own expense all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any Contractual relations with the OWNER.
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may 'discover, or which may arise during
the term of this Agreement.
All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services.
ARTICLE XX
AS SIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER. CONSULTANT shall further promptly notify OWNER in
writing of any change of its name as well as of any significant change in its corporate structure,
its business address, its operations, or regarding its solvency.
ARTICLE XXI
MODII~ICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto arising out of, or affecting this Agreement, or
the rights or obligations of the parties hereunder, unless such waiver or modification is in
Page 8 of 11
writing, duly executed. The parties further agree that the provisions of this Article will not be
waived unless as herein set forth.
ARTICLE XXII
MISCELLANEOUS
Al The following Exhibit is attached to, incorporated herewith by reference, and is made a part
of this Agreement for all purposes pertinent:
Exhibit "A" --- Lake Ray Roberts 54-Inch and 42/36-Inch Finished Water Pipelines ---
Dated: February 28, 2002."
CONSULTANT agrees that OWNER shall, until the expiration of four (4) years after the
final' payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct
examinations or audits in compliance with this Article. OWNER shall give CONSULTANT
reasonable advance notice of all intended examinations or audits.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
For purposes of this Agreement, the parties agree that the Project Principal shall be Russell
Gibson, Principal, P.E., and the key person who will perform most of the work as the Project
Team, include the Resident Project Representative, Richard Beene, under, and in accordance
with this Agreement, shall be as specifically identified and set forth in the "Scope of Work
and Fee Proposal" document attached hereto as Exhibit "A". This Agreement has been
entered into with the understanding, expectation, and the OWNER's reliance, that the above-
stated employees of CONSULTANT shall perform all or a significant portion of the work on
the Project. Any proposed changes regarding the change of the Project Manager or other key
personnel, requested by CONSULTANT, respecting one or more of the above-stated
employees, shall be subject to the approval of the OWNER, which approval the OWNER
shall not unreasonably withhold. Nothing herein shall limit CONSULTANT fi-om using
other qualified and competent members of its firm to perform the other incidental services
required herein, under its supervision or control.
CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof in accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with any related work
being carried on by the OWNER.
Page 9 of 11
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement. OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to
it by OWNER without the need for further inquiry or investigation into such information.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the OWNER, the City of Demon, Texas has executed this
Agreement in four (4) original counterparts, by and through its duly authorized City Manager;
and CONSULTANT has executo~t this Agreeroent b,y and through its duly authorized
undersigned officer on this the/OWL day of ~/)riL ,2002.
/
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 10ofll
ATTEST:
By: ~
S:\Our Documents\Contracts\02~Freese & Nichols, Inc. RPR PSA 2002.doc
"CONSULTANT"
FREESE & NICHOLS
A Texas Corporation
Page 11 of 11
February28,2002
A C E N 'r U R Y O F S E R
FREESEoNICHOLS
v c
KXHIR~ ~.
E
City of Denton
901-A Texas Street
Denton, Texas 76201
Atto: Mr. Tim Fisher, P.E., Assistant Director of Water Utilities
Ref.:
City of Denton Lake Ray Roberts 54-InCh and 42/36-Inch Finished Water Pipelines
Project Number DTN01444
Dear Mr. Fisher:
We are pleased to provide you with our Proposal for furnishing a full time resident project
representative for the City of Denton Lake Ray Roberts Finished Water Pipeline projects. The
following information is included with this proposal.
Freese and Nichols' proposed Scope of Services (Attachment A).
Resume of Richard Beene
Freese and Nichols proposes to use Richard Beene to perform the duties of the Resident Project
Representative for these pipeline projects. Mr. Beene will be mobilized when the 54" pipeline
Contractor mobilizes, and will serve as the on site resident representative for the eight month
duration of the project. We anticipate that the 36"/42' pipeline construction pha~e will partially
overlap the 54" coustmction, and we would propose that Mr. Beene serve as Resident
Representative for both projects during that period. We estimate that the 54' pipeline Contractor
will mobilize June 1, 2002, and the 36'142' pipeline Contractor will finish by February 1, 2003,
for a total overall duration of eight months as noted above. Mr. Beene has worked for our firm
on numerous water resource projects for over 30 years, and his experience includes many years
working on construction of both large diameter and small diameter pipelines. The Scope of
Services for this work is included as Attachment A.'
We propose to provide our services on an hourly rote basis with a not to exceed limit amount of
$120,000. Mr. Beene's current hourly billing rate will be $55.00, including expenses. The above
not to exceed amount is based on the following two assumptions:
· A consmaction period of 8 months
· An average work week of 55 hours
Freese and Nichols, Inc. Engineem Environmental Scientists Architects
4055 International Plaza Suite 200 Fort Worth, Texas 76109-4895
817-735-7300 Fax 817-735-7491
Mr. Tim Fisher
February 28, 2002
Page 2
Of course,, the construction contractor can impact this mount since he controls the number of
hours worked per week. If the construction period or average workweek changes during the
conslxnction, we will notify you about recommended modifications to the not to exceed limit. We
have included costs in the maximum mount for the resident project representative's labor and
reimbursable expense to furnish a vehicle, as well as the cost for a cellular telephone. The upper
limit ceiling amount has been revised to include a budget of $15,000 for providing testing
laboratory services to furnish density testing and soil proctor analyses for the project. We
· anticipate that these services will be invoiced based on a schedule of charges for personnel and
individual test types to be obtained from Isbell Engineering Group, with a ten percent mark-up by
FNI.
We appreciate the opporttmity toprovide these services tothe City of Denton on this project. We
are available to discuss the enclosed recommendations with you at your earliest convenience. If
you agree, we will prepare the necessary contract modifications.
Respectfully,
FREESE AND NICHOLS, INC.
~ence P~* Eckersl E
Associate ' ---~-----~'~: '
xc: Ron Lemons
Lee Freese
Coy Veach
Rusty Gibson
ATTACHMENT A
City of Denton
Lake Ray Roberts 54-Inch and 42/36-Inch Fini.~hed Water Pipeline Project
Construction Phase Scope of Services
Provide resident representative services for construction of the Lake Ray Roberts 54-inch and
42/36-inch finished water pipeline projects. In providing these services Freese and Nichols will
observe the work in progress to determine if the completed work will comply in general with the
contract documents, assist with field administration of the construction contracts and endeavor to
· determine that the quality control programs of the contractors are producing acceptable results.
Freese and Nichols will not have control or charge of and will not be responsible for construction
means, methods, techniques, sequences or procedures, .or for safety precautions and programs in
connection with the work, for the acts or omissions of the contractors, subcontractors or any other
persons performing any of the work, or for the failure of any of them to Carry out the work in
accordance with the construction contract documents.
A. The duties, responsibilities, and limitations of authority of the resident project
representative will be as described below and in the Agreement between the Engineer {Freese and
Nichols, Inc.) and the Owner (City of Denton) dated May 16, 2000.
Provide the services of a full time resident project representative located, at the
project site for the eight-month duration of the project. The resident representative
will. observe the progress of the work, monitor compliance with the schedules and
requirements of the contract documents and help resolve any conflicts needing
attention. The resident representative will also serve as the coordination and
contact point for all communications between the contractors and the Owner for the
projects. The fee for these services is indicated in thl.qproposal. Additional field
representatives are available on an as authorized basis as an additional service.
Attend a pre-constmction conference'with the Owner and construction conWactors'
key personnel. Establish communication procedures with the Owner, Designer ami
Contractors.
o
Review contractors' application for payment and recommend payment in
accordance with the procedures in the construction contract documents.
4. Fill out and maintain daily construction reports.
Establish and administer quality assurance procedures in accordance with the
construction contract documents. Notify contractors of non-conforming work
observed. Take action to initiate corrective procedures for defeclive work,
coordinate special materials tests and performance tests needed to obtain a quality
project.
Review documents provided by the contractors such as test reports, equipment
installation reports or other.documentation as required by the construction contract
documents.
Assist ia project completion activities at the conclusion of construction. Observe
completed construction for general conformance with the design concept and
prepare a list of deficiencies to be corrected by .the contractors before
recommendation of final, payment. At substantial completion of the pipeline
projects, the on-site resident representative will leave the project site. Additional
time on either project, if required, is an additional service that can be made
available.
Coordinate inspections by specialty inspectors, governmental agencies, and the
Engineer.
Limitations of Authority - Except upon written instructions of the Engineer, the
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve
any substitute materials or equipment.
2. Shall not exceed limitations on Engineer's authority as set forth in the
Contract Documents.
3. Shall not undertake any of the responsibilities of contractors, subcomxactors
or contractors' superintendent, or accelerate the Work.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such
is specifically calIed for ia the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and
programs in connection with the Work.
6. Shal} not authorize Owner to occupy the Project ia whole or ia part.
7. Shall not participate ia specialized field or laboratory tests.
The following items are not included ia the scope of services and can be provided as an
additional service upon request:
Services ia excess of the number of hours indicated above. The City of Denton
will provide compensation of hours irt excess of 55 hours per week.
2. Field layouts or the furnishing of construction line and grade.
Making property, boundaxy and right-of-way surveys; preparation of easement and ·
deed descriptions, iaclndiag title search and examination of deed records.
Investigations involving detailed consideration of operations, maintenance and
overhead expenses, and the preparation of rate schedules, earnings, and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules and
:6.
10.
11.
12.
materials audits or inventories, required for certification of force account
construction performed by tile City of Denton.
Preparing applications and supporting documents for government grants, loans, or
:planning advances and providing data. for detailed applications.
Appearing before, regulatory agencies or courts as an expert witness: in any
litigation with: :third parties or condemnation, proceedings-.arising .from the
development or construction of the Project, including the preparation of
.engineering data and reports, for assislane~ to the City .of Denton.
Performing extensive, non-routine in,vestigations, studies and analyses of work
proposed, by the construction contractors to correct defective work.
Performing extensive, non=routine investigations, studies and analyses of
substitutions .of materials or equipment or deviations- from the plans and
specifications.
Assisting the City of Denton with,, preparing .for,-or appearing at litigation,
mediation, arbitration, dispute ~review boards, or other legal or administrative
· proceedings in the defense or prosecution of proceedings in.connection with this
project.
-Providing environmental support services including .the design and implementation
.of ecologica[ baseline studies, environmental monitoring, impact assessment and
analysis, permitting assistance, and other assistance required to .address
env~nmental issues.
Additional services that are-required to comply with local, State or Federal
regulations, that become effective after the date of this .agreement.
Additional services required as.a result of the failure of the contractors to complete.
the work for any reason within.the contract time.
13. G-eoteclmical investigations, studies and reports or materials testing.
"Integrity In Engineering"
/~ TT, qCt/ /g F~,,r
ISBELL ENGINEERING LABORATORIES
Division of Isbell Engineering Group, Inc.
C ONSTR UCTION MATERIA LS TESTiNG
1004 Maple, Suite 107 . Sanger, Texas 76266 Phone: 940-458-3093 . Fax: 940-458-7417
www.isbellengmeering, com
SCHEDULE OF FEES
CONSTRUCTION MATERIALS TESTING
(EFFECTIVE JUNE I, 2001)
SOILS:
Moisture-Danalty Relationships:
Standard Method, ASTM 698 $125.00
Other Methods By Request
Atterberg Limits 30.00
Percent Material Finer than No. 200 sieve 20.00
Sampling Charge, per hour 33.00
hi-Place Density Test, each (mln 3 per hip) 27.00
Gradation, per hour 33.00
Injection Observation (Lime, Chemical, & Water) 33.00
CONCRETE:
Review of Submitted Mix Design, each
Concrete Control Observation, per hour
Technician Time w/o Observation, per hour
Cylinders w/observation
Cylinder pick-up charge (per hour):
Over 20 miles
Under 20 miles
Pier Observation
Reinforcing Placement Observation
$100.00
33.00
33.00
15.00
33.00
No Charge
33.00
33.00
MASONRY/GROUT:
Technician Charge, per hour
· Test 2" x 2" Cubes, each
Test 3" x Y' Prisms, each
33.00
15.00
15.00
STRUCTURAL STEEL/WELDING:
Visual Observation (Shop or Field), per hour
Ultrasonic Inspection
40.00
45.00
PERSONNEL FEES
Technician, per hour 33.00
Draftsman 55.00
Structural Engineering Intern (EIT) 65.00
CMT Depar~nent Manager 90.00
Principal Engineer 120.00
**Hourly rates quoted at ~egular rates (portal to portal)
Monday to Fridays 7 a.m. to 6 p.m.
VEHICLE TRANSPORTATION CHARGES:
Within 20 miles No Charge
Over 20 miles, per mile round hip $0.45