HomeMy WebLinkAbout1994-035E:\WPD0CS\0RD\8AKER
NO. -U 3 _
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RELATING TO
PROFESSIONAL ENGINEERING SERVICES FOR SOIL TESTING AND BORING
SERVICES FOR THE DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement between the City of Denton and Baker-Shiflett/Emcon, Inc.
relating to professional engineering services for soil testing and
boring services for the Denton landfill under the terms and
conditions contained within said agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds not to exceed One Hundred Ten Thousand Five
Hundred Thirty-seven Dollars ($110,537.00) for the services
required pursuant to the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /Ii-0- day of 1994•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY : 0�
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY Or DENTON, TZXjs — �-
AND BAKER-BEIFLETT/ZMCON, INC.
THIS AGREEMENT is made and entered by and between the City of
Denton, Texas, a municipal corporation situated in Denton county,
Texas, hereinafter called the "City", acting herein by and through
Lloyd Harrell, its duly authorized City Manager, and Baker-
Shiflett/EMCON, Inc., an independent contractor, acting herein by
and through Michael M. Shiflett, its duly authorized President,
hereinafter called the "Engineer".
W I T N E S S E T H
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant
and agree as follows:
SECTION I - BERVICEs or TEE ElfIimm,
The City hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with individual assignments as
agreed in writing in connection with the following general scope of
work:
Soil drilling and testing and preparation of a geotechnical
data report as sat forth in Attachment "A", attached to this
document. SECTION II - CHARACTER AND EXTENT Or ENGINEERea SERVICES
Engineer shall:
(1) Drill and sample 31 borings to further evaluate the
geology and hydrolgeology on the proposed 164 acre landfill
expansion site.
FED-25-194 FRI 10:36 ID: ITY OF DENTON UR TEL N0:017-566-9120 p790 P02
(2) Perform laboratory testing on Samples collected
during the drilling phase and install piezometers to monitor
groundwater conditions.
(3) Provide experienced engineering and geological
personnel to conduct and manage the drilling, sampling,
logging, piezometer, installation, and laboratory testing.
(4) Provide documentation of all work including boring
logo, laboratory test results, water levels, and piezometer
details.
Engineer shall also provide services enumerated in pages one,
two, and three of Attachment "A".
City will provide a call in with a follow-up written request
to the Engineer for a detailed scope of services and anticipated
costs associated with each assignment.
Engineer agrees to commit the personnel to each assignment as
necessary in order to complete the assignment in an expeditious
manner.
The Engineer shall advise City as to the necessity of City's
providing or obtaining from others special services and data
required in connection with the Scope of Services at City's cost
and expense, and may act as city's representative in connection
with any such services of others.
It is understood that this Agreement contemplates the full and
complete engineering services including any and all changes
necessary to complete the Assignment as outlined in the Scope of
Services. Nothing contained herein shall be construed as authoriz-
ing additional fees for services.
PAGE 2
FED-25-194 FRI 10:37 ID: ITY OF DEN70N Ua TEL NO:817-566-0120 #790 P03
The Engineer acknowledges by the execution of this Agreement
that all contingencies known to the Engineer and City at the date
of this Agreement as may be deemed necessary and proper to complete
the Assignment have been included in the maximum fee estimate.
Engineer agrees that engineering services will be managed and
performed in their Fort Worth office.
SECTION III - SPECIAL SERVICES OF ENOINEEM
If authorized in writing by City, Engineer shall furnish or
obtain from others Special Services necessary to complete the
assignments. These services are not included as part of Basic
Services as outlined in SECTION II - CHARACTER AND EXTENT OF
ENGINEER'S SERVICES. These Special Services will be paid for by
city as indicated in Section V.
SECTION IV - CITY RESPONSIBILITIES
Provide all criteria and full information as to City's
requirements and designate a person with authority to act on City's
behalf and all matters concerning the Assignment.
Assist Engineer in obtaining existing studies, reports and
other available data and services of others pertinent to the
Assignment and in obtaining additional reports and data as
required.
Upon reasonable notice, arrange for access to and make all
provisions for Engineer to enter upon public and private property
as may be required for Engineer to perform services hereunder.
Designate in writing a qualified person who will act as city's
representative with respect to the Assignment for the purposes of
transmitting instructions, receiving information, interpreting and
PAGE 3
FED-25-194 FRI 10:39 ID: ITY OF DENTON UA TEL NO:B17-566-B120 #790 F04
defining city's policies and decisions with respect to Engineer's
services.
Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reasonable
time.
Examine all studies, reports, aketches, drawings, specifica-
tions, proposals and other documents presented by Engineer, obtain
advice of an attorney, insurance counselor and other consultants as
it 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.
Provide such legal, accounting, insurance and other counseling
services to City as may be required for the Assignment.
Sear all costs incident to compliance with this Section.
ONCTION V - COMPENBATION TO ENOINEER
The total compensation for all of the Assignments to be
performed by Engineer as described in Section II - CHARACTER AND
EXTENT OF ENGINEER'S SERVICES hereof shall not exceed $110,537.00.
Engineer shall be compensated on the basis of the hourly rates
set forth in Attachment "A" which is made a part of this Agreement:
The City and the Engineer shall agree on the Scope and
Compensation for the performance of Special Services prior to the
commencement of such Special services. For special Services
performed under Section III the Engineer will be compensated at the
same rates and methods as outlined in this Section V.
BEOTION VI - NETBOD oy PAYMENT
The Engineer shall be paid monthly on the basis of statements
PAGE 4
FED-25-'94 FRI 10:30 ID: ITY OF DENTON UA TEL NO:017-566-0120 #790 P05
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement by an officer of the Engineer. Payment
according to statements will be subject to certification by the
Executive Director of Utilities or his duly authorized representa-
tives that such work has been properly performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment
until completion. If City fails to make any agreed to payment due
to Engineer for services properly performed within sixty days after
receipt of Engineer's statement thereof, the amount due Engineer
shall include a charge at the rate of 1.0 percent per month from
said sixtieth day, and in addition Engineer may, after giving seven
days written notice to City, suspend services under this Agreement
until Engineer has been paid in full all amounts due for services
properly performed.
Nail monthly invoices to:
The City of Denton
Attn: G. Cosgrove, P.E., Engineering Administrator
901-A Texas Street
Denton, Tx 76201
Telephone Number (817) 566-8453
SECTION VII - TINE SCHEDULE OF ENGINEERING SERVICES
The Engineer shall initiate work prescribed hereunder
immediately upon the execution of this Agreement and upon issuance
by City of a Notice to Proceed. Engineer shall perform the
services provided herein in ninety (9o) calendar days. Any request
for special services shall be submitted in sufficient time to allow
for completion of services within 180 days.
PAGE 5
FEB-25-194 FRI 10:39 ID: ITY OF DENTON UA TEL N0:017-566-9120 #?50 P06
SECTION Vill - TERNINATION1
The City may terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon Receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
If the City terminates this Agreement under the foregoing
paragraph, the City shall pay the Engineer for services properly
performed in accordance herewith prior to such termination, less
such payments having been previously made. Such payments shall be
based upon the work completed up to the date of termination of the
Agreement in accordance with the method of compensation prescribed
in Sections v and VI hereof. Engineer shall also be compensated
for all termination related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
Upon termination of this Agreement, the Engineer shall provide
the city reproducible copies of all completed or partially
completed engineering documents prepared under this Agreement.
SECTION IZ - INSURANCE
Engineer shall maintain statutory worker's compensation
insurance coverage, employers' liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
PAGE 6
FEE-25-194 FRI 10:40 ID: ITY OF DENTON UP TEL NO:0'17-566-0120 #790 P07
LIMITS
A. Worker's Compensation
OF LIABILITY
Statutory
Employer's Liability
$1,000,000
B. Commercial General Liability
(including Contractual Liability):
Bodily Injury )
$1,000,000 combined
single limits for each
Property Damage)
occurrence or aggregate
C. Comprehensive, Automobile
Liability (Owned, Hired, and
Non -owned Vehicles):
Bodily Injury )
$1,000,000 combined
single limits for each
Property Damage)
occurrence or aggregate
D. Professional Liability
$1,000,000 annual aggregate
Engineer shall furnish City insurance certificates t0 evidence
such coverages. The certificates shall
contain a provision that
such insurance shall not be canceled, without 30 days prior written
notice to City.
SECTION X - INDIMIFICATION
Except for the events addressed
in SECTION XIII hereof,
Engineer shall and does hereby agree to indemnify
and hold harmless
the City from any and all damages, loss,
cost, or liability of any
kind whatsoever, including attorneys' fees, to the extent arising
out of the negligent act or omission of
the Engineer and Engineer
shall, at its cost and expense, defend and protect the City against
any and all such claims and demands.
City agrees to limit any
PAGE 7
FEB-25-'94 FRI 10:41 ID: ITY OF DENTON UR TEL NO:817-566-9120 #790 POO
liability of Engineer, its officers, shareholders, and employees to
the lesser of actual damages incurred by the City or the sum of
Five Million Dollars ($5,000,000.00).
BECTION YI - NO THIRD PARTY BENEPICIARIEB
There are no third party beneficiaries of this agreement
between City and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer
hereunder for the purpose whatsoever.
SECTION ZII - BAMPLINm
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, will dispose (subject to the following)
of any remaining residue immediately upon completion of tests:
1. Engineer will maintain preservable test samples and specimens
or the residue therefrom for 30 days after submission of
Engineer's report free of storage charges. After the initial
30 days and upon written request, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. City agrees that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
as defined by federal, state or local statutes, regulations or
ordinances, Engineer will, after completion of testing and at
City's expense: (i) return such samples to City, or (ii)
using a manifest signed by City as generator, will have such
PAGE 8
FED-25-194 FRI 10:41 ID: ITY OF DENTON UR TEL N6:817-556-8120 #790 P09
samples transported to a location selected by City as genera -
for and will have such samples disposed of in accordance with
city's direction.
City agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. City recognizes and
agrees that Engineer is acting as a bailee and at no time does
Engineer assume title to said waste.
All laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ed, in the sole opinion of the city, shall become the property and
responsibility of City. All such equipment shall be delivered to
City or disposed of in a manner similar to that indicated in the
Previous paragraph. City agrees to pay fair market value of any
such equipment which, in the City's sole opinion, cannot be
reasonably decontaminated.
SECTION EIII - INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
City acknowledges Engineer will perform part of the work at
City's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. Engineer shall have no responsibility for the discov-
ery, presence, handling, or disposal of or exposure of persons to
hazardous materials in any form at the Project Site, provided
however, Engineer shall have the responsibility to and shall report
to the City the location of any hazardous materials that an
engineer of similar skill and expertise should have noticed.
In connection with hazardous waste, including petroleum pro -
PAGE 9
FED-25-194 FRI 10:42 ID: ITY OF DENTON LIR TEL N0:817-566-8120 #"90 P10
ducts, City agrees to defend, hold harmless and indemnify Engineer
from and against any and all claims and liabilities resulting from:
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous
substances or constituents; or
(b) City+s handling, removal, treatment, storage, transporta-
tion or disposal of hazardous substances or constituents found or
identified at the site;
Absent any intentional wrongful acts or negligence, in no
event shall Engineer be considered the owner or operator under the
Resource Conservation and Recovery Act of 1976, as amended, or any
other similar federal, state law.
SECTION =IV - RIGHT To AUDIT$
Engineer agrees that the City shall, until the expiration of
three (3) years after final payment under this Agreement, have
access to and the right to examine any directly pertinent books,
documents, papers and records of the Engineer involving transac-
tions relating to this Agreement. Engineer agrees that the City
shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer reason-
able advance notice of intended audits.
SECTION XV - SUCCESSORS AND ASSIGNS:
The City and the Engineer each bind themselves, their
successors and assigns, to the other party to this Agreement and to
the successors and assigns of each other party in respect to all
PAGE 10
FED-25-194 FRI 10:43 ID: ITY OF DENTON UR TEL NO:014--566-9120 #?90 P11
covenants of this Agreement.
SECTION ZVI - 188I6MMENTs
Neither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
SECTION XVII - INDEPENDENT CONTR7ICTORt
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the City. Engineer shall have exclusive control of,
and the exclusive right to control the details of the work
performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers,
agents and employees. Nothing herein shall be construed as
creating a partnership or joint venture between the City and the
Engineer, its officers, agents and employees, and doctrine of
respondent superior has no application as between the City and the
Engineer.
SECTION XVIII - VEMU21
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
IN TESTIMONY HEREOF, the parties have executed the Agreement, this
day of AL4�— 1994.
This Agreement is executed in four (4) counterparts.
CITY OF DENTON, TEXAS
Castleberry, Mayor
PAGE 11
FEE-25-194 FRI 10:44 ID: ITY OF DENTON UR
TEL NO:017-566-8120 #790 P12
ATTEST:
Jennifer Walters, City Secretary
HY
APPROVED AS TO LEGAL FORM:
Debra A. Drayovitch, city Attorney
By.
AT
By
E:WP000L\MAKER.K
Baker-Shiflett/EMCON
1 Michael M. Shiflett, President
PAGE 12
ATTACHMENT A
1. SCOPE OF BASIC SERVICES
EMCON Baker -Shiflett, Inc., (EBS) proposes the following Basic Services:
Field Exploration
• Drill 31 borings to depths of 30 to 150 feet (total of 2,1133/a0feet)aat thelocations
mHDR
and to the depths indicated on the proposed boring P o
dated December 1993
• Obtain relatively undisturbed Shelby tube samples and standard penetration test
samples as appropriate for the soils encountered
• Obtain NX size core samples
• Observe for groundwater seepage during drilling and record level
• Install temporary standpipe piezometers for water -level measurements at nine
locations (total of 475 feet) as per the HDR typical piezometer detail (Figure 2)
• Grout boreholes
• Bail piezometers
• Drill and core using water as the drilling fluid
• Extrude Shelby tube samples in the field
Note: See Unit Cost Estimate Sheets, Exhibit 2.
EMCON-1
Rev. 1, 02/01/94
F W /210/DENf ON-P.111.94/tjh:4
CITY OF DENTON
Laboratory Testing
Selected laboratory testing will be conducted on samples that are considered to be
reasonably representative of the materials obtained from the field exploration. The tests
will help evaluate and classify the soils, help identify subsurface site characteristics, and
provide data for analysis. The tests include
• Atterberg limits (liquid and plastic limits, 62 tests maximum)
• Percent passing no. 200 sieve (62 tests maximum)
• Unit dry weight and moisture content (46 tests maximum)
• Moisture content (90 tests maximum)
• Unconfined compressive strength on soil (31 tests maximum)
• Unconfined compressive strength on NX core (15 tests maximum)
• Sieve analysis through No. 200 (10 tests maximum)
• Hydrometer (3 tests maximum)
• Specific gravity (3 tests maximum)
• Standard Proctor (4 tests maximum)
• Hydraulic conductivity (4 tests maximum)
• Backpressure saturation (4 tests maximum)
• Remolding sample (4 tests maximum)
Note: See Unit Cost Estimate Sheet, Exhibit 3.
EMCON-2
Rev. I. 02/01/94
F W/210/DENTON-P.I 11-94/tjh:4
CITY OF DENTON
Data Report
EBS will provide a data report that includes
• A log of each boring indicating the boring number, depth of each strata, soil
classification and description, core recovery and RQD, and groundwater
information
• Description of the field exploration and laboratory testing
• Summary of laboratory test results
• Details of the piezometer installation
• Four copies of the boring logs, piezometer logs, and laboratory tests (or data
can be supplied on computer disk)
2. INFORMATION/SERVICES PROVIDED BY CITY
We understand the city will
• Designate in writing a person to act as city's representative, with respect to the
services rendered in this proposal
• Locate, identify, and stake subsurface utilities or other structures or items which
might be damaged during the field exploration program
• Obtain rights of entry, permits, easements, permission from landowners or other
access permission, or authorization required to perform the services described
in this proposal
• Survey locations of boreholes and provide the information to EBS
• Provide bulldozer and operator, or other equipment required to achieve access
to boring locations
EMCON-3
Rev. 1, 02/01/94
F W/2l0/DENTON-P.I l 1-94hJh:4
CITY OF DENTON
3. SPECIAL SERVICES
The following services are not included in the Basic Services and will be considered as
Special Services, if and when required or requested:
• Meetings with the city, HDR, Texas Natural Resource Conservation
Commission (MCC)
• Additional copies of the report; additional submittals of draft reports other than
those described in Basic Service; revisions to the report after final submission
to city; revisions to the report required as a result of changed regulations or
design
• The services of specialty subconsultants or other special outside services other
than those described in Basic Services
• Additional or increased insurance coverages (if available) other than those
described in the "General Terms and Conditions" to this proposal
• Any costs, including equipment replacement where applicable, associated with
decontamination of personnel or equipment as a result of encountering hazardous
or toxic materials at the site
• Slug testing and data reduction
• Slope stability analysis
• Strength testing for slope analysis (triaxial and/or direct shear)
• Coordination with regulatory agencies
• Sales or use taxes imposed and due on the professional services described in the
Scope of Services after the date of this proposal
• Any other services not specifically included in Basic Services
EMCON-4
Rev, 1, 02/01/94
F W/210/DENTON•P.111-94/kjh:4
CITY OF DENTON
4. ANTICIPATED SCHEDULE
The field exploration will begin within approximately 1 week from the time authorization
is received. The field work will require approximately 6 weeks, depending on weather
conditions and site accessibility. The laboratory testing should be completed within
2 to 3 weeks after completion of the field exploration. The boring logs and lab results
should be completed within 2 to 3 weeks after completion of the laboratory testing.
5. PROJECT TEAM
EBS will provide an experienced Project Team to conduct the field logging, laboratory
testing, coordination, and to prepare to data report. See Exhibit 1 for projected hours.
The proposed Project Team includes the following:
Field Personnel. One of the following experienced engineers or geologists will provide
field support during drilling and logging:
DiAnn Mathis
Mike Brown
David Harwood
David Clark
Laboratory Testing Personnel. Testing will be conducted by one or more of the
following:
Mark Lankford, Laboratory Manager, NICET Certified
Barbara Northington
Don Chandler
Roy Grant
Office Personnel. Preparation of the data report will be conducted by one or more of
the following:
Wm. Ray Campbell, Jr., P.E.
Thomas D. Baker, P.E.
Donald D. James, C.P.G.
David Clark, E.I.T.
Fw/21 o/DENTON-P.111-94/kjh:4
EMCON-5
Rev. 1, 02/01/94
CITY OF DENTON
6. PAYMENTS TO ENGINEER
Payment Terms Defined
Direct Labor Costs. Direct Labor Cost shall mean salary and wages of all personnel
engaged directly on the Project, at the time services are performed, including but not
limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification
writers, steno, clerical, accounting, and other technical and business personnel, but does
not include indirect payroll -related costs or fringe benefits.
Payroll Cost. Payroll Costs shall mean the salary and wages of all personnel engaged
directly on the Project at the time services are preformed, including but not limited to
engineers, architects, scientists, surveyors, designers, draftsmen, specification writers,
estimators, steno, clerical, accounting, and other technical and business personnel, plus
the cost of customary and statutory benefits including but not limited to social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health
and retirement benefits, sick leave, vacation, holiday pay, and other group employee
benefits. For the purposes of this Agreement, the Payroll Cost is equal to Direct Labor
Costs, multiplied by a factor of 1.35.
Per Diem. Per Diem shall mean an hourly rate equal to Direct Labor Cost times an
Overhead Multiplier of one and eight tenths (1.8) plus Payroll Cost to be paid to
Engineer as total compensation of each hour an employee of Engineer works on the
Project. Reimbursable Expenses will be paid in addition to Engineer's Per Diem
compensation.
Overhead Multiplier. Overhead Multiplier shall mean a factor by which the Direct
Labor Cost is multiplied to compensate for general and administrative overhead. When
the basis of compensation is Per Diem, the Overhead Multiplier includes profit.
Reimbursable Expenses. Reimbursable Expenses shall mean the actual expenses
incurred directly or indirectly in connection with the Project, including but not limited
to subconsultant or subcontractor costs times a multiplier of one and one tenth (1.1),
transportation and subsistence incidental thereto, toll telephone calls, express mail and
telegrams, courier services, reproduction of reports, drawings, specifications, bidding
documents, and similar project -related items in addition to those required under
Section 1, and if authorized in advance by the Owner, overtime work requiring higher -
than -regular rates. In addition, other highly specialized equipment, including an
appropriate charge for previously established programs and expenses of photographic
production techniques.
EMCON-6
Rev. 1, OV01/94
FW12101DEMN-P.I11-94Ikjh:4
CITY OF DENTON
Drilling and Laboratory Tests. Drilling work and laboratory tests will be charged at the
unit rates provided on the unit and estimate sheets provided herein (Exhibits 2 and 3.)
The anticipated cost for Basic Services is presented on Exhibit Sheet 1, attached. A total
of $110,537 is projected.
7. OTHER PROVISIONS CONCERNING PAYMENTS
If owner fails to make any payment due Engineer for services and expenses within
45 days after receipt of Engineer's statement, the amounts due Engineer will be increased
at the rate of 1 percent per month from date of invoice, and in addition, Engineer may,
after giving 7 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.
If the Project is suspended or abandoned in whole or in part for more than 30 days,
Engineer shall be compensated for all services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together with Reimbursable
Expenses then due. If the Project is resumed after being suspended for more than
30 days, Engineer's compensation shall be equitably adjusted.
Services performed by Engineer at request of Owner during periods when the Project is
suspended shall be considered Special Services.
The Owner's approval, acceptance, use of, or payment for all of any part of the
Engineer's services hereunder or of the Project itself shall in no way alter the Engineer's
obligation or the Owner's rights hereunder.
Owner may temporarily delete any disputed items contained in Engineer's invoice,
including items disputed due to lack of supporting documentation, and pay the remaining
amount of the invoice. Owner shall promptly notify Engineer of the dispute and request
clarification and/or remedial action. After any dispute has been settled, Engineer shall
include the disputed item on a subsequent regularly scheduled invoice or on a special
invoice for the disputed item only.
In the event of termination of this Agreement by either Owner or Engineer, as provided
in Section VIII, Engineer shall be entitled to payment for services up to the time of
termination, plus termination expenses. Termination expenses shall include labor,
reimbursable expenses directly attributed to termination, direct expenses associated with
mobilization and demobilization of Engineer's personnel and facilities, and any other
costs incurred by Engineer not otherwise reimbursed.
EMCON-7
Rev. 1, 02/01/94
P W I210IDENTON-P.l 11.941kjh:4
CITY OF DENTON
The amount of any sales tax, excise tax, value-added tax (VAT), or gross -receipts tax
that may be imposed on this Agreement shall be added to the Engineer's compensation
as reimbursable expenses.
Engineer will keep and will cause each subcontract design professional and consultant
engaged under this contract to keep accurate books of record and account, in accordance
with sound accounting principles, of all expenditures made, and all costs, liabilities and
obligations incurred under this contract in relation to the engagement and payment of all
subcontract design professionals and consultants, and in relation to any services
performed for which additional compensation will be claimed. Those mentioned accounts
shall be available, upon reasonable and authorized request, to the comptroller of the
Owner or their representatives for examination and audit.
Records of Engineer's Payroll Costs and Reimbursable Expenses pertinent to Engineer's
compensation for Special Services under this Agreement will be kept in accordance with
generally accepted accounting principles. Upon request, copies will be made available
to Owner prior to final payment for Engineer's services.
Whenever a factor is applied to Direct Labor Costs for determining compensation payable
to Engineer, that factor will be adjusted periodically and equitably to reflect changes in
the various elements that comprise such factor. All such adjustments will be in
accordance with generally acceptable accounting principles as applied on a consistent
basis by Engineer and consistent with Engineer's overall compensation practices and
procedures.
FW/210/DENTON.P.1 t 1-91/kjh:4
EMCON-8
Rev. t, O2/01/94
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Emcon Baker -Shiflett, Inc.
5701 East Loop 820 South* Fort worth. Texas 76119.7051 . (E17) 476-E254 • Metro (817) 572-3411 *Fox (817) 478-8874
Effwdra Jrury 1, 1994
SUPPLEMENTAL SCHEDULE OF CHARGES
LABORATORY
Strength and Volume Change Tests
Unconfined compression -
Undisturbed Shelby Tube Specimen ...................
• • • • •
�,00/each
NW Core Specimen . ..............................
30 00/each
5.00/each
85.00/each
Absorption Pressure Swell tests .........................
...
1
Consolidation tests .....................................
.
Triaxial - 1.4-inch and 2.0-inch diameter specimens
(larger diameter specimens quoted upon request)
Unconsolidated Undrained:
Multiple specimen - 3 specimens minimum ...................
65.00/spec.
Single specimen - 3 points minimum .......................
50.00/point
Consolidated Undrained - with pore pressure
measurements:
Multiple specimen - 3 specimens minimum ...................
285.00/spec.
Single specimen - 3 points minimum .......................
250.00/point
Consolidated Drained:
Multiple specimen - 3 specimens minimum ...................
410.00/spec.
Single specimen - 3 points minimum .......................
360.00/point
Direct Shear - 2.5-inch diameter specimen
125 00/point
Q-Test - 3 points minimum ...........................
185.00/point
S-Test - 3 points minimum ...............................
35.00/each
Remoldingsamples .....................................
Phyalcal/Engineering Properties
Moisture content and visual classification ........................$
10.00/each
40.00/each
Atterberg limits tests ....................................
15.00/each
Unit dry weight and moisture content tests .......................
25.00/each
Minus 200 mesh sieve tests ... .... .......................
Hydrometer analysis (excludes specific gravity) ....................
75.00/each
10.00/each
Bar linear shrinkage . .. ...........................
45.00/each
Sieve Analysis through 200 mesh sieve .........................
pH lime series (4 points minimum) ...........................
200.00/each
45.00/each
Specificgravity ....................................
...
75.00/each
Soil box resistivity ........... I ..........................
PW/151/CHaLAB-P.224.93/k/L:3 1 of 3 Ubocstm
Concrete
Concrete mix design (includes trial batch, unit weight, air
content, slump, and making cylinders for one water -
cement ratio) .................................$
Concrete mix design review (for one water -cement ratio) ..............
Concrete cylinders -mix confirmation or job cast be EBS,
includes curing, testing, and reporting . ............... .
Concrete cylinders, cast by others and delivered to lab ...............
Concrete beams.......................................
Concrete cores - measuring, preparing, compression testing,
and reporting ................... .
Concrete cores - length measurement, ASTM C 174 .................
Hot Mix Asphaltic Concrete $
Extraction, percent asphalt, and gradation ..................... .
Molding specimens, Marshall Method (set of 3) ....................
Laboratory density (set of 3) ...............................
Marshall Stability test (set of 3) .............................
Theoretical maximum density ...............................
Mix design review ..................................... .
Specific gravity and length of cores ...........................
Fire Resistive Materials
Density determinations ................................... $
Analysis or Data Interpretation
Printed report of data reviewed by a professional engineer,
per sample per report (minimum) ...........................
Engineering analysis or interpretation of data will be charged at the
appropriate engineering rate.
Laboratory Overtime
1.5 x test charge with a minimum of $59.00/hour of required overtime.
200.00/each
80.00/each
13.00/each
15.00/each
20.00/each
35.00/each
15.00/each
155.00/each
40.00/set
45.00/set
65.00/set
65.00/each
110.00/each
25.00/each
30.00/each
0.2/hours
fwn 5 1 /cxaua-P.224-93nina
3 of 3 Vbomtory
0 fMCOII Baker -Shiflett, Inc.
5701 East Loop 820 South • Fort Worth, Texas 76119.7051 . (817) 476.8254 • Metro (817) 572-3411 -Fox (817) 478-6874
SUPPLEMENTAL SCHEDULE OF CHARGES
STANDARD EQUIPMENT RATES
Fff" Ve )rury 1, 1"4
Rate
Day: Week:
Safety Equipment
$ 20
"D" - Gloves, hard hat, eye protection, & disposable suit .....
• • • • ' '
40
"C2" - Above plus respirator .............................
"C1" - Above plus chemical suit ....................
• • • • ' ' '
80
180
25
"B" - Above plus SCBA .........................
• • • • • '
StandbySCBA .....................................
25
Monitoring And Sampling Equipment
$ 5
20
35mmcamera......................................
40
160
2-inch Bladder Pump ..................................
Air Compressor
80
0
185 CFM.......................................
1
680
375CFM.......................................
350
400
120
AirMonitoring ......................................
0
200
Ambient Air Sampler ..................................
1
10
40
Bailers.........................................
15
60
Bailing Reel & Tripod .................................
30
120
Centrifugalpump ....................................
1
0
Chem Grout Machine ..................................
30
30
12
120
Compressed Air Regulator ...............................
25
100
ConcreteSaw .......................................
10
40
Conductivity or pH meter (*) .............................
80
20
CouponPunch ......................................
125
500
Data Logger w/Transducer ..............................
35
140
Diaphragm Pump w/Compressor ...........................
100
400
Digiflam................ I.........................
15
60
DigitalManometer ...................................
30
120
Dissolved Oxygen Meter ................................
15
60
Draeger (or Sensidyne) Detection System ......................
20
80
DSPH3Meter ......................................
Sounder
20
80
Electric Well (•) ...............................
80
320
FapPump .........................................
30
120
FieldComputer .....................................
FilterPress ........................................
10
40
1 of 3
StarAnd Equipment R"u"
FW/151/CHGDA1LY.224-95/k7'6:4
Rate
Day: Week:
$ 35
140
Blower (300 CFM)
Regenerative
10
40
Signs/Cones/Barriers..................................
10
40
Slug Tester ........................................
10
0
Soil Vent Test Equipment ...............................
30
120
Soils Lab (Field) .....................................
40
160
Sondez.........................................
30
120
Stream Cleaner - small .................................
100
400
Stream Cleaner - Trailer Mount ...........................
50
200
Submersible Pump - Electric .............................
100
400
Submersible Pump (4-inch) w/Generator (*) ....................
35
140
SuctionPump .......................................
10
40
Surge Block (*).....................................
25
100
Survey Equipment ....................................
25
1
Tensiometer ........................................
5
20
20
Tool Kit .........................................
20
0
Turbidity Meter (*)...................................
25
1000
TV/VCR.........................................
25
100
Ventilation Meter ....................................
50
20
Video Camera ......................................
15
60
Water - 55 Gallon Di ..................................
75
300
Water Trailer - 500 Gallon ..............................
50
200
Well Development Pump Unit ............................
50
200
Well Wizard Controller ................................
5
20
Wheel Barrow .....................................
Well Development/Sampling (*)
.......
140
560
Equipment Group - Monitoring
FW/151/CHGDAn.Y.22"3/kjhA 3 of 3 SwWard Equipment Raw
PROTECTIVE STEEL CASING
WITH HINGED LID & PADLOCK —
GROUND SURFACE
SILT T
Im
—PVC SLIP CAP
2" I.D. PVC. SCH. 40
RISER PIPE
CEMENT -BENTONITE GROUT
INJECTED INTO ANNULAR
SPACE VIA TREMIE PIPE
BENTONITE PLUG
MINIMUM 5' THICK
WASHED FILTER PACK SAND (8/16).
MAXIMUM 10' ABOVE SCREEN
2" I.D. SCH. 40 PVC SCREEN
(0.01 OR 0.02 SLOTS)
;- E 8" DIA. BORE HOLE
CITY OF DENTON, TEXAS
MUNICIPAL LANDFILL
HDR Engineering, Inc. I TYPICAL PIEZOMETER DESIGN
Date
10193
f
gure
2