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HomeMy WebLinkAbout1992-086a \wpdocs plumadm o ORDINANCE NO9a 08.G AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION REPRESENTA- TION FOR IMPROVEMENTS TO THE PECAN CREEK WASTEWATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PRO- VIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an agree- ment between the City of Denton and Alan Plummer and Associates, Inc relating to construction representation for improvements to the Pecan Creek Wastewater Treatment Plant under the terms and conditions contained within said amendment, 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 Four Hundred Seventeen Thousand Five Hundred Sixty ($417,560) Dollars 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 lqo--,day of 1992 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION REPRESENTATION OF THE PECAN CREEK WASTEWATER TREATMENT PLANT IMPROVEMENTS STATE OF TEXAS I COUNTY OF DENTON I THIS AGREEMENT is made and entered into as of the day of 1992, by and between the City of Denton, with its principal office at 215#1ast McKinney Street, Denton, Denton County, Texas 76201, ("OWNER") and Alan Plummer and Associates, Inc , with its corporate office at 841 West Mitchell Street, Arlington, Tarrant County, Texas 76013, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the section to follow The Project shall include construction representation for improvements to the wastewater treatment facilities at the Pecan Creek Wastewater Treatment Plant (WWTP) The ENGINEER agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant Page 1 of 22 under similar circumstances and ENGINEER shall, at no cost to OWNER, "reperform" services which fail to satisfy the foregoing standard of performance ARTICLE II PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the construction of the Project, including Additional Services and any required extensions approved by the OWNER ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for development of the PROJECT Upon execution of this Agreement, the ENGINEER shall A General Representation I Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications The notice to bidders will be furnished to the OWNER for publication in the local news media The cost for publications shall be paid by the OWNER The ENGINEER will distribute bidding documents The cost for reproducing bidding documents will be an Additional Service 2 Assist the OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER The cost for evaluating alternative equipment submitted by Bidders shall be an Additional Service Page 2 of 22 3 Assist the OWNER in the preparation of formal contract documents for construction contracts 4 Assist in conducting pre -construction conference(s) with the Contractor(s), and review construction schedules prepared by the Contractor(s) 5 Make an average of two visits each month of the site (as distinguished from the continuous services of a Resident Project Representative) for a 24-month period beginning with the date of execution of a construction contract by the OWNER to observe the progress and the quality of work The ENGINEER shall become familiar with the progress and quality of the work completed and will determine in general if the work when completed will be in accordance with the contract documents In addition, 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 reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONTRACTOR or any subcontractor The OWNER's approval, acceptance, use of or payment for all or any part or the ENGINEER's services hereunder or the Project itself shall in no way alter the ENGINEER's obligations or the OWNER's rights hereunder 6 Consult and advise with the OWNER during construction and make recommendations to the OWNER regarding materials and workmanship 7 Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data pursuant to the General Conditions of the Construction Contract OWNER shall be responsible for review and approval of those shop drawings which ENGINEER and OWNER have determined that OWNER may review If OWNER chooses not to approve a shop drawing, ENGINEER shall review and determine whether the shop drawing shall be approved OWNER shall handle administrative processing of submittals Page 3 of 22 8 Interpret the intent of the plans and specifications for the OWNER and Contractor(s) Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an additional service NOTE Such studies conducted by the ENGINEER, if determined to be inadequate, due to incompleteness of ENGINEER prepared plans and specifications, will be redone without additional compensation Any defective designs, plans or specifications furnished by the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the OWNER 9 Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Construction Contract OWNER shall handle administrative processing of monthly and final pay requests Based upon the ENGINEER's observations at the site of the work and evaluations of the CONTRACTOR's applications for payment, the ENGINEER shall review and certify the amounts due the CONTRACTOR The recommendation for payment shall constitute a representation to the OWNER based on the ENGINEER's observations at the site and on the data comprising the CONTRACTOR's Applications for Payment, that the work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents The foregoing representations are subject to minor deviations from the contract documents correctable prior to completion and to specify qualifications expressed by the ENGINEER The issuance of a Certificate for Payment shall further constitute a representation that the CONTRACTOR is entitled to payment in the amount certified However, the issuance of a Certificate for Payment shall not be a representation that the ENGINEER has (1) made exhaustive or continuous on - site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material Page 4 of 22 suppliers and other data requested by the OWNER to substantiate the CONTRACTOR's right to payment or (4) ascertained how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Sum 10 Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s) B Resident Representation Services 1 The ENGINEER shall provide a resident project representative The ENGINEER's designated representative (Resident Project Representative) will be the primary point of contact and communications for all parties on the Project The ENGINEER will provide full-time field observation and field office engineering services The ENGINEER has budgeted a maximum of 40 hours per week for one representative for a duration of 24 months of field observation If additional time is required, the ENGINEER will either receive additional compensation or relief by OWNER personnel 2 Project Documentation Maintain detailed records of the project, including daily log, correspondence, schedules, shop drawings, record data, payments, contractor contract modification requests and project information requests, proposed contract modifications, change orders, photographs, meeting minutes, and clarifications OWNER shall provide necessary word processing services for Resident Project Representative's project documentation 3 Schedule Updates Monitor the Contractor's actual progress relative to his planned construction schedule Provide reports of actual versus planned progress Page 5 of 22 4 Progress Payments Review and recommend OWNER action on Contract progress payments Meeting monthly with the Contractor, at the construction site, to review and update actual status cost and time 5 Job Meetings Establish, chair, minute, and monitor the follow-up of bi- weekly job meetings Representatives of the Contractor and the Owner will attend the job meetings The Resident Project Representative will regularly meet with OWNER's staff for project coordination purposes OWNER shall provide word processing services to the Resident Project Representative for preparing meeting minutes 6 Changes Recommend action by the OWNER on time extensions and change orders requested by the Contractor Follow established procedures to administer change orders, time extensions, and Contractor claims OWNER shalt assist in processing change requests Respond to Contractor Modification Requests, Project Information Requests, and Proposed Contract Modifications Review with the Contractor the validity, cost, and time of change orders, time extensions, and claims Make recommendations to the OWNER on appropriate actions of these items Maintain documentation and records of the status of changes, time extensions, and claims Assist OWNER in establishing and maintaining appropriate change order approval authority for the OWNER's representative Process and document change orders and claims proposed by the Contractor 7 Data Tracking Establish and maintain system for tracking Contractor shop drawings, record data, manuals, and other documents Page 6 of 22 8 Construction Observation Provide field observation for conformance of the Contractor's work with plans and specifications Notify the Contractor and the OWNER of any observed nonconforming work and monitor progress of the Contractor's corrective actions Advise CONTRACTOR and OWNER immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been approved It is understood that the ENGINEER's Resident Project Representative (and any assistants) does not guarantee the Contractor's performance nor is he responsible for supervision of the Contractor's operation and employees The ENGINEER'S Resident Project Representative (and any assistants) shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor or the safety precautions and programs incident to the work of the Contractor 9 Factory and Field Testing of Equipment and Materials Coordinate activities of independent testing laboratories to be retained directly by the OWNER under separate contract agreements or as special engineering services 10 Record Drawings Monitor preparation of record drawings by Contractor including buried piping located during the project Maintain records of up- to-date modifications Document changes in project Furnish and assist in interpretation of data to be used in preparation of record drawings Maintain records of approved shop drawings and equipment 0&M manuals Records will be provided to the OWNER at the end of the project (Actual preparation of Record Drawings will be performed as an additional service ) 11 Completion Provide field observation of and assist with coordination of the substantial and final completion activities Jointly with the OWNER and the Contractor, conduct the substantial completion and final completion inspections Prepare and issue the punchlist of incomplete work to the Contractor Recommend to the OWNER the dates of substantial completion and final completion Assist the OWNER in scheduling startup and use of the Page 7 of 22 complete facility Obtain required manuals, guarantees, record drawings, and other documentation from the Contractor and deliver to the OWNER ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic services, are described as follows A Contract Document Reproduction Reproduction of contract documents for advertisement of project for bids and for use by CONTRACTOR during construction Any monies received from the sale of Contract Documents to prospective bidders will be credited to the OWNER 8 Witness Factory Tests Site visits to manufacturing or shop facilities to witness specified factory tests Witnessing of the blower and motor factory tests, aeration diffuser factory tests, and the SCADA factory tests will be performed under this task, a maximum of 60 hours C Assist with Plant Start-up Review the operation of the individual process units to determine compliance with project design criteria Coordinate with the Resident Project Representative for appropriate Contractor and Equipment Manufacturer on -site representation and operator training A maximum of ten (10) 8-hour days will be provided D Operation and Maintenance Manuals Under this task, the ENGINEER will assist the OWNER in preparation of an Operation and Maintenance (0&M) Manual to address operation and maintenance procedures for the facilities to be added or modified under this contract As part of this task, a large, wall -sized piping plan showing all buried piping known to be present at the plant site will be prepared This piping plan will be used by the plant operators and is not guaranteed to be dimensionally accurate with respect to buried piping The OWNER will provide Page 8 of 22 word processing services, develop all figures, plans and schematics, and will reproduce and bind the final document E Project Performance Report After ten months of operation, prepare a Project Performance Report as required by the Texas Water Commission (TWC) to document plant performance and outline any corrective action required to the plant performance into compliance F Witness Field Tests If requested by OWNER, the ENGINEER will witness specified field testing of diffuser supports G Final Engineering Report Preparation If requested by OWNER, the ENGINEER will update the preliminary design report to include modifications made during design and construction The ENGINEER will prepare one draft report for OWNER review and will incorporate OWNER comments H Construction Record Drawina Preparation If requested by OWNER, the ENGINEER will revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction One set of reproducible prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER I Reaulatory Assistance During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Water Commission, U S Environmental Protection Agency, or other regulatory agencies The ENGINEER will assist OWNER personnel on an as - needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts Page 9 of 22 J Additional Site Visits If the ENGINEER is requested to visit the site more frequently than an average of two (2) visits each month as set forth in Section III, Paragraph A 5, the requested visits shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation K Additional Construction Representation Services If OWNER is unable to provide ENGINEER with sufficient assistance during construction representation to properly prosecute the work, the ENGINEER shall provide the additional services required on an as -needed basis as authorized by the OWNER This shall include any time beyond 40 hours per week for resident project representation by the ENGINEER L Evaluation of Contractor Substitutions Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications This shall include evaluation of alternative equipment submitted with bids for the project M Field layouts or the furnishing of construction line and grade surveys N Providing shop, mill, field or laboratory inspection of materials and equipment 0 Assisting the OWNER in claims disputes with Contractor(s) P Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement Q Sampling, testing or analysis beyond that specifically included in Basic Services Page 10 of 22 R Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER S Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system T Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications U Providing video camera with video tapes of construction phase to be used as a historical record and for operator training V Attendance at additional meetings beyond those specifically noted in Basic Services required by the Texas Water Commission, other regulatory agencies, or i41LXIF"JMO W 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 assistance to the OWNER X Providing geotechnical investigations for the plant site including soil borings, related analyses and recommendations Y Any additional services required by the OWNER not included in Basic Services Page 11 of 22 ARTICLE V RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER A Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENGINEER's services for the Project B Shall consult with the ENGINEER regarding requirement for the Project, including (1) the OWNER's contemplated objectives and (2) schedule and design constraints and criteria C Assist the ENGINEER by placing at the ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project D Arrange for access to and make all provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform services under this Agreement E Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER Page 12 of 22 F Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project G The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations The OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations All costs associated with such investigations shall be paid by the OWNER H The OWNER shall make or arrange to have made all material testing and sampling required at the wastewater treatment plant All costs associated with such testing and sampling shall be paid by the OWNER I Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the OWNER may require or the ENGINEER may reasonably request with regard to legal issues pertaining to the Project, including any that may be raised by the CONTRACTOR(s) J If OWNER designates a person to represent the OWNER at the site who is not the ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of the ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this Agreement before such services begin K Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections Page 13 of 22 L Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services, or any defect or nonconformance of the work of any contractor M Furnish, or direct the ENGINEER to provide, Additional Services as stipulated in Article IV of this Agreement or other services as required N Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or inspection trips 0 Provide word processing services for the ENGINEER's Resident Project Representative, prepare copies as needed of the construction administration manual approved by the ENGINEER, collate and bind executed construction contract documents, assist in reviewing and processing submittal material from the CONTRACTOR as delegated by the ENGINEER, process administratively CONTRACTOR's monthly pay requests upon receipt of recommendation from the ENGINEER, assist the ENGINEER as needed during construction observation, prepare from information supplied by the ENGINEER an Operations and Maintenance Manual including word processing, drafting, reproduction, and binding Provide ENGINEER two final copies of manual P Bear all costs incident to compliance with the requirements of this Article V ARTICLE VI COMPENSATION A COMPENSATION TERMS 1 "Salary Cost" is defined as the cost of salary (payroll) for engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc , for timely Page 14 of 22 directly chargeable to the Project, plus Social Security contributions, unemployment compensation, insurance retirement benefits, medical and insurance benefits, disability payments, sick leave, vacation and holiday pay applicable thereto (Salary cost is equal to 1 35 times salary ) 2. "Subcontract Expense" is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services 3 "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the ENGINEER for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment B BASIC SERVICES For and in consideration of General Representation Services of the Basic Services (Article III, Paragraph A) to be rendered by the ENGINEER, the OWNER agrees to pay based on the Schedule of Charges shown in Exhibit A, with the total fee not to exceed $141,265 For and in consideration of Resident Project Representation Services of the Basic Services (Article III, Paragraph B), the OWNER agrees to pay based on the schedule of charges shown in Exhibit A. with the total fee not to exceed $223,980 Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER, however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered The OWNER may withhold the final 5 percent of the contract amount until completion of the project Page 15 of 22 Nothing contained in this article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract The City shall not be required to make any payments to the ENGINEER when the ENGINEER is in default under this Contract It is specifically understood and agreed that the ENGINEER 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 maximum fee as stated without having first obtained written authorization from the OWNER ENGINEER shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A Payments for additional services shall be due and payable upon submission by the ENGINEER Statements shall not be submitted more frequently than monthly For the following Additional Services described in Article IV Contract Document Reproduction (IV A ), Witness Factory Tests (IV B ), Start -Up Assistance (IV C ), Operations and Maintenance Manual (IV D ), and Project Performance Report (IV E ) the maximum amount will not exceed $52,315 D PAYMENT If the OWNER fails to make payments due the ENGINEER for services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (1%) per month from said sixtieth (60th) day, and in addition, the ENGINEER may, after Page 16 of 22 giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this contract will be added as necessary to the ENGINEER's compensation ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONTRACTOR or any subcontractors However, the CONTRACTOR will remain an independent contractor of the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts The ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the CONTRACTOR, or the safety precautions and programs incident to the work of the CONTRACTOR ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest herein The OWNER may make and retain copies for information and reference, however, such documents are not intended or represented to be suitable for reuse by the OWNER or others Any reuse by the OWNER without written verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants, and the OWNER shall indemnify and hold harmless the ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER Page 17 of 22 ARTICLE IX INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees Incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement In the event of liability from suits, actions or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence attributable to the party ARTICLE X INSURANCE During the performance of the Services under this Agreement, ENGINEER shall maintain the following insurance A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500.000 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 B 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 Page 18 of 22 C Worker's Compensation Insurance in accordance with statutory requirements and Employers' 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 E Umbrella Insurance providing not less than $1,000,000 limits in excess of the limits stated in items (A) through (D) ARTICLE XI ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the other's approval ARTICLE XII TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice In the event of any termination, the ENGINEER will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information ARTICLE XIII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are Page 19 of 22 hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under of interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing contained in this paragraphs shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party This Agreement, consisting of pages 1 to 23 with Exhibits as listed in Article XIX, constitutes the entire Agreement between the OWNER and the 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 ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any Page 20 of 22 defect in the design or other work prepared by the ENGINEER, its employees subcontractors, agents, and consultants ARTICLE XV NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise notified in writing by the other party at the following addresses Mailed notices shall be deemed communicated as of three days mailing If intended for the City, to City of Denton Attn Robert E Nelson, P E Executive Director for Utilities 215 East McKinney Street Denton, Texas 76201 If intended for the ENGINEER, to Alan Plummer and Associates, Inc Attn John H Cook, P E 210 West Sixth Street, Suite 400 Fort Worth, Texas 76102 ARTICLE XVI A The following exhibits are attached to an made a part of this Agreement EXHIBIT A - Schedule of Charges B A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or future breach Page 21 of 22 This contract is executed in four counterparts CITY OF DENTON, TEXAS ATTEST Jennifer Walters, City Secretary 1�1 ED AS TO LEGAL 01" Debra A Drayovitch, City Attorney By ALAN PLUNNER AND ASSOCIATES, INC Engineer ss L Joh H Cook, P E , Vice President ATTEST d���2j,4?, A Lee Head, III, P E Page 22 of 22 Staff Members Resident Representation EXHIBIT A SCHEDULE OF CHARGES (Salary x 1 35) + (Salary x 1 755) (Salary x 1 35) + (Salary x 1 355) Salary 1s defined as the cost of payroll of engineers, drafters, stenographers, surveyors, clerks, laborers, etc , for time directly chargeable to the Project (Salary Cost 1s equal to 1 35 times salary ) Subconsultants Charges Actual Cost Times Multiplier of 1 15 Resident Protect Representative Automobile Allowance $400 per month All Other Direct Expenses Actual Cost Times Multiplier of 1 00 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from the Engineer's office) other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members or subconsultants C HANGE O RD E R [ C O] P aga 1 or 3 PROJECTS Pecan Creek WWImprovements PROJECT NUMBERS OWNER: CITY OF DENTONTP TEXAS Owners U-102 ENGINEER: Alan Plummer and Associate Inc Engineer:457-0425 CONTRACTORs Gracon Construction Company Contractor: 9203 CHANGE ORDER NO: 02 DATES 11/11/92 The compensation agreed upon in this change Order is a full, complete and final payment for all costs the Contractor incurs an a result of or relating to this change, whether said costs are known, unknown, foreseen or unforeseen at this time, Including without limitation, any costs for delay, extended overhead, ripple or impact coat, or any other effect on changed or unchanged work as a result of this change CHANGE ORDER WORK TO BE PERFORMED Pro osed Contract Time Extension Amount o cat on n calendar Days 1 Reference CMR No 21: This CMR credits the City for a reduction of the specified requirements in the owners Representative witnessing the factory teat of the Aeration Equipment 0 <2350 00> 2 Reference PCM No 19 This PCM credits the City for the cost of the owners Representative witnessing the factory test of the Aeration Equipment This credit is planned per specifications 0 <1290 97> 3 Reference PCM 1S This PCM credits the Owner for the cost in revising the design of final clarifiers 6 and 7 This credit is allowed for per specifications 0 <6000 00> TOTAL 0 Calendar Days <9640 97> C HANGE ORD E R [ C O] Page 2 of 3 Previous Contract Amount $ 8,647,000 00 Net Increase in Contract Amount Including C O 1 <6,125 00> Z <15 765 97> Revised Contract Amount 8,63 ,234 03 Net Change in Contract Time 0 Calendar Days of Completion Revised contract time of completion 730 Calendar Days xc: 457 0425 D 22 457 0420 D 22 David Ram Dracon Construction Joe graven Ron Janson CHANGE ORDER [CO] PAGE 3 OF 3 Recommended by Consulting Engineer Approved b Contractor By L11( Y1 By for Alan Plummer fo racon Construction Inc and Associates, Inc Date fl-2,I qti Date &-l2 Approved by Manager of Construction Projects Byfor City of Denton', Texas Approved by Purchasing Agent By -4for City of Denton, Texas Approved by Director of Water Engineering and Operations By a for City of Denton, Texas ($0 - 5,000) Approve Exec tiv Director of Utilities By for City of Denton, Texas ($5,001 - $14,999) Approved 5AYCity Co ncil y fo ity of Denton, xas City Manager15,000 and above) CONTRACTOR'S MODIFICATION REQUEST [CMR] OWNER CITY OF DENTON PROJECT PECAN CREEK WWTP IMPROVEMENTS CONTRACTOR GRACON CONSTRUCTION INC ENGINEER ALAN PLUMMER AND ASSOCIATES, INC RESIDENT REPRESENTATIVE CLETE MARTIN OWNER CONTRACTOR 9203 ENGINEER 457-0425 • NOTIFICATION BY CONTRACTOR WE ARE PROPOSING TO MAKE THE CHANGE TO THE CONTRACT DESCRIBED IN THE ATTACHED MATERIALS AND REQUEST THAT YOU TAKE THE FOLLOWING ACTION ❑ NOTIFY US THAT YOU CONCUR THAT THIS CHANGE DOES NOT REQUIRE A CHANGE IN CONTRACT TIME OR AMOUNT AND ISSUE A FIELD ORDER ISSUE A CHANGE ORDER FOR PERFORMING THE DESCRIBED CHANGE CHANGE IN CONTRACT AMOUNT ANIO RMH ARE INDICATED IN ATTACHED DETAILED PB ,PREAKDOWN ❑ ISSUE A CHANGE ORDER FOR THE DESCRIBED CHANGE WITH PAYMENT AT THE UNIT PRICE BID ❑ AUTHORIDrjHE CON13AgMR TO PROCEED WATH THE CHANGE UNDER THE TIME AND MATERIALS BY ENGINEER'S RESPONSE WE RESPOND TO YOUR REQUEST AS FOLLOWS. DATE -02 / - 4q Ou- ❑ WE CONCUR THAT THIS IS A NO COST OR TIME CHANGE SEE ATTACHED FIELD ORDER YOUR PROPOSAL IS RECOMMENDED TO THE OWNER SEE ATTACHED CHANGE ORDER ❑ PROCEED WITH THE CHANCE AT THE UNIT PRICE BID SEE ATTACHED CHANGE ORDER ❑ PR YW TH CH UNDER THE TIME AND MATERIALS PROVISIONS OF E CC BY ZeCL��.C� DATE U Z ACTION TAKEN ❑ PROPOSED CONTRACT MODIFICATION REXCTED CONTRACTOR NOTIFIED NOT TO PROCEED BY Cl FIELD ORDER ISSUED NO DATE CHANGE ORDER ISSUED NO 07-- DATE CjC�t-v it FOrr Z 0/4. 'f23 S'd o� Cie -.to i f' DATE BY BY L 7-5 EXHIBIT 7-1 _3-'92 oED Li 71 ID A PLLJMMEF LNC TEL NO $17-338-4626 #666 P02 -- SANITAIRE N I 5ANITAIRE-4- °IUMMIR INC, p 457-oLt25 CA 451 -ouzo 6gcll ®ANITAIRE September 1S, 1992 Alan Plummer 3 Assoc , Inc 201 West Ath Street - Suite 400 Pt Worth, TX TOM Attentions Mr. A. L Heed III Rot Content Us • Pecan Creek WWTP Aoratlon Equipment slanitalre ProJect ON-2497 aentlemerr. We are writing to confirm the offer that was given to you by our Sales Representative(Mr. Jim Sullivan) regarding the Oxygen Transfer Shop Test. We still contend that notification was provided to you before the first Test was performed but we wish to accommodate you in this matter and therefore are recommending this solution. Sanitaire will set up one of the three test conditions (diffusor densities) in the test tank and invite you to come and witnees the testing. The test condition will be whichever of the three you seled We will run the test with you witnessing, and If the results of this test are slmllar(within 5%) to that of the results that we achieved from the first Test. then we would Ilk* the fret Test to be regarded as valid. If the results of our testing are not similar to the first Test, we win proceed with flurther testing and other conditions. The teMetive data for the proposed testing Is the week of COWW 12, IM, The Contract Specifioattons require us to Include in our "soap* of supply" all the costal associated with having a representative of the Engineer come and witness the testing. The actual testing took threa(3) full days and what we are proposing In thl latter will only take one(1) day. Due to this change we will offer you, elon with this proposal, a credit of S&350 W. This credit Includes two(2) days or a motet stay, "2) days of a rental oar, two(2) days of the ntpreseMatives time(a $000 001day) and the cost of two(2) days of testing(® $400 0/dey) 23- m2 WED !1 L N PLUIRIEF INC rE rPQ 817-338-4b26 t*86 P63 SANITAIRH 8-23-12 '3.13AM SANITAIRH-A. PL.VVFR INC 0 BANITAIRH Besides thls offer of a OWN, we will also fulnil the Specifications and make airplane, motel and rental car reservations for you or your representative to come out and witness the testing proposed. We will also pay for the costs associated with this travel. We feel this to be an adequate way to settle this matter and be We to proceed with the balance of the protect Please let us know your response to this matter or give us a call If you have questions or comments. Sincerely, i�� Mark Reether Senior P10140 Bnginoer =Rich t3annon 00:1112 - Jim Sullivan R',V BY Xerox TelecoDier 7020 10-23-82 , 15 55 APAi/DENTON4 2142228542,# 3 PROPOSED CONTRACT MODIFICATION [PCM]7-7 OWNER CITY OF DENTON pPO&C NO. PROJECT PECAN CREEK M." IMPROVEMENTS OWNER U10 _ CONTRACTOR GRACON CONSTRUCTION INC. QONTRACTOR� ENGINEER ALAN PL MM R AND ASSOCIATE INC ENGINEER 497-0425 RESIDENT REPRESENTATIVE CLETE MARTIN PCM NO Li NOTIFlCATION TO CONTRACTOR, WE ARE CONSIDERING MAKING THE CHANGE TO THE CONTRACT DESCRIBED IN THE ATTACHED MATERIALS AND REQUEST THAT YOU TAKE THE FOLLOMANO AOTIONI *-OTIrV US THAT YOU CONCUR THAT THIS CHANCE DOES REQUIRE A CHANGE IN CONTRACT -�RIAE-OR' AMOUNT AajRtfflOfR WILL It ISSUED. ❑ SUBMIT A PRICE PROPOSAL PATH DETAILED COST BREAKDOWN AND REVISED SCHEDULE FOR PERFORMING THE THE DESCRIBED CHANOE. ❑ A CHANCE ORDER MALL IE ISSUED FOR PAYMENT AT THE UNIT PRICE BID ❑ PRO TN THE ANOE UN ER THE TIME AND MATERIALS PROVISIONS OF THE CONTRACT BY DATE O Z3 CONTRACTOR'S RESPONSE, WE RESPOND TO YOUR REQUEST AS EDLL?n pY WE CONCUR THAT THIS IS A 4ijiDW OR TIME CHANCE ISSUE TW ORDER {u•,` WE SUBMIT THE ATTACHED PRICE PROPOSAL MATH DETAILED COST BREAKDOWN! AND RVASED SCHEDULE FOR PERFORMING THE OESMIM CHANGE. ❑ WE ARE PROCEEDING MATH THE CHANCE AT THE UNIT PRICE BID O WE ARE PRDO' INC MATH THE CHANCE UNDER THE TIME AND MATERIALS PROVISIONS OF THE N A BY. / DATE' /2 2 ACTION TAKEN. Cl PROPOSED CONTRACT MODIFICATION REJECTED CONTRACTOR NOTIFIED NOT TO PROCEED By, DAM ❑ FIELD ORDER ISSUEDH NO DATE: BYz WMANOE ORDER IBSEIEDI NQ. 0 7- DATE. _� q 2 — By' 4/5-7 -ntizs 0.7-13 ys-7 —oyz 0 zca D/lw l Arl `► Alan Pbunmer and Associa0s, lnc. ENVIRONMENTAUCIVIL ENGINEERS October 26, 1992 Mr Ron Janson Project Manager Gracon Construction, Inc P O Box 850756 Mesquite, Texas 75185-0756 Re* City of Denton pecan Creek Wastewater James L Ahstaette, P E John H Cook P E p"V W Gla Ph D Alen H Plummer it P E Rkhard H Smith P E Treatment Plant Improvements Job No U102 PCM No 19-Factory Witness Diffusers Tests Dear Mr Janson* The purpose of this PCM is to credit the Transfersr f or the Efficiency owners Representative witnessing the oxygen is i factory test of the ganitaire AerationSpecifications Diffusers Bid T No 1316n compliance with the Preselection Spp Appendix B, Section 11087 - Aeration System - Fine Pore Type 1 OS ilane The Tests were conducted October 12 and October 13, 1992 Arpwas travel there and back was $anitairs,irasg per specificatisame two onsand Car paid for in advance by ganitaire but was instead paid rental was to be paid in advance by for by the Owners Representative 2 DAYS Labor 1 DAY Meals CAR RENTAL TOTAL @ $600/DAY @ $25/DAY 1200 00 25.00 65 97 1290 97 Please sign, date and return the attached PCM form, to indicate e Change that you agree with this cos down any questions so that a adounotvh eitate order may be processed If you have breakto call Sincerely, /A,/�LAAAN�''rpLU�MMER AND Cletus /R W Martin Resident Project ASSOCIATES, INC Representative xc• Mr Dave Ham, City of Denton Mr A Lee Head III, P E , Alan Plummer and Associates, Inc File 457-0425 D 20 File 457-0420 D 20 SENT BY Xerox Telecofp�ler 7020 10-23-92 11 01 AYAI%UtIVBUIV"� j14414004190#04 ROV BYIXarox TAIOCODIAr 7020 !10-22-62 ; 14140 PROPOSED CONTRACT MODIFICATION [PCMj7-7 • ► �LJU • A a, N011MCA110N To CONTRACTORI WE OWSINq YOU INQ WE TAKTHECHANGE 70 TNA0NO 110NI TRACT OIfORIRD AV Tog ATTACHED MAIM" �IOTtR' qi THAT YOU CONWR TWAT "d CHANCE D= po R94MRL A CHANGE IN CONTRACT / +�Ii1R'AMOYNTI A WILL BE ItWm. CI SUIMNT A MACE D IMID Coy AND MUD SCHEDULE FOR pRD1pWWI THE nX DOg I I CHANCE. A CHMN ORDER WILL BE 'SUM FOR PAYMENT AT THE VNiT PIM an C3 ppQ I1Tl�T �1p�Ly,UNp01 THE TAME AND MATiR1AL! pRbNMOND a THETRACT eYl DAIL CONTRACTOR'S MUMS WE REPOND TO YOUR MOUNT M M A00 C VX OCNMR THAT TA Is A NO OW OR TIME OHANOL ItlUt MU CROP. Wg E Ott LE FOR pP/ORMRNI IUWATTACHEDRI VATH 6 AHED NO /REANDOWN AND MOO Mot❑ MR Apt PROOMMC WITH 1Nt CHANCE AT THE VNIT PRia 010. C Wt NO MATH 1NE CHAN09 UNDER THE TIME AND MATERIALS PROWf10Ni W THE Z ACTION TAKENt NOT/ NOT TO PROD. ❑ pROpM CCNTRAOT MODIFICATION RWL011 g, CCNTAUlO10R DAM n C MD I CROP NNR m ft mm.= •W M mbfumet ORDER IMJmI ft DAM .�Q•-- tT< n 0 Alm Phunnwr and !'s9 um. ENVIRONMENTAUCIVIL ENGINEERS October 22, 1992 James L Attain"" P E John H Cook P E Peggy W Glass Ph D Alen H Plummer Jr P E Richard H Smith P E Mr Ron Janson Project Manager Gracon Construction, Inc P O Box 850756 Mesquite, Texas 75185-0756 Re City of Denton Pecan Creek Wastewater Treatment Plant Improvements Job Np U102 PCM No 18-Redesign Final Clarifier No 6 and 7 Dear Mr Janson The purpose of this Proposed Contract Modification (PCM) is to credit the Owner, through a deductive Change Order, for the cost in revising the design of the aprentlin theier ShopoDrawing Submittal 6 and 7 This design revision became appa process The total cost for the re -design and re -drafting of the appropriate sheets is $6000 00 Please sign, date and return the attached ill PCM form, to indicate that oupossible agNoecontractthis timecost extension iswork allow defor nthis work e as soon as sincerely, ALAN PLUMMERaAND ASsoCI ATES, INC Cletus R. Martin Resident Project Representative CRM lc cc Mr Dave Ham, City of Denton Mr A Lee III, P E , Alan Plummer and Associates, Inc File 457-0425 D.20 & F 3 SD-36 File 457-0420 D 20 6 F 3 sD-36 - "I nec M.. .. (R171 479 9167 FAX 18171 398 4626 ALAN PLUMMER AND ASSOCIATES, INC 21 S OStreet 0 RTWORTHTEXAS 76102 (817) 332 4085 FAX (817) 338 4626 ��-- [LC44E3 Oo F 4RAfn]MU-T&d the following items ❑ Shop drawings IE ARE SENDING YOU NrAttached ❑ Under separate cover via ❑Samples ❑ following tications ❑ Prints 1�r/Plans f letter ❑ Change order ❑ ❑ Copy o THESE ARE TRANSMITTED as checked below ❑ Approved as submitted ❑ For approval jKFor your use ❑ As requested REMARKS ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ 19 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ FOR BIDS DUE -p COPY TO ZS z0 SIGNED a;4 9 ' ' & 901-8 TEXAS STREET O NUMBER c6 A52A VENDOR GRACCN CCNSTRUCTICN CC INC F C 8CX ES)756 14E')0L I r'_ PURCHASE ORDER DENTON, TX 76201 D1TEIVE�IDgF±NO C50 DOCUMENT GI,A47100 ��{{�� p CCNFIRAINI�R ONLY CEO W/WW ENGINEERING 9c1-8 TEXAS STREET DENTCN. TEXAS 7E2.1 Tx 751dE-G7*c 1_YP *0* Nr T' THE., CR"EF 1AG VCCIF 1- *** - ITEM ACCOUNTNUMBER UNITS NUMBER DESCRIPTION BID NO LINEAMOUN i c7 0F2 rR87 U1'4 91.,1 FUNDING A ^7 ..C- r83d U.,.2 9.,1 0. ) F'UN7ING C' a, c72 L2 R052 Ulu2 Sa 1 FINDING A n4 E73 )c2 �09- Ulv_' St O.,) E41SC PEF 12ECKY F '7 TE_ 9ryd7 USJC 91(11 J. ) CHAN(,2 C"OER xl DEDUCT F4C4 c -,71 )r- ;R`7 UIC- 5101 D.40 FINDING A LIN= 1 SE125.CC C7 o7 E2 RRL7 U1J-- 9.31 J. ) Ch%NGC C=CEn 42 OEDUCTYSt4J.97 TOTAL FCH F.C. 7S3.82=.^C 36.9EE.C�0 1.96J•356•C2 C.�'0 C.CC O.J0 ,..OL 2.L._1•'--7 4- The City of Denton, Te ae is tax exempt -House Bill No 20 Reference P O Number on all BIL, Shipments and Invoices Shipments are F O B ICity of Denton, oral Indicated By R R Number Items Received Date Voucher Number Amount i I