HomeMy WebLinkAbout1977
il"014 W •//r,tr.
JA u, 911 N,(-IIO LS
r( p { t1 r l n pQ Pa rt/11 P"'r, 15
r r- e t % C. t
F G G 11 11 G 1 i, i? 11 1 ' fi "Out
9,11
MI PAUL l0046
r4
C O N 5 U L t+ N G ! N G t N k l t s
rnC R uAv,~,
IK 2 C r11 r"
A0, 4J.I • M1,pu,•ga Ui
LAND
l
As ri 1 8, 1977 N r~NlSt COVE LAND
J0,104
c Orl rl H, conK
T /.Np1iGn pP0
1
Mr. James W. White
City Ma-iager
City of Denton
Municipal Bldg.
Denton, Texas 76201
Re: Engineering Contract
Dear Mr. White:
Our contract for engineering services for the City of Denton was
recently amended to add Appendix C-1 which was prepared by the En-
vironmental Protection Agency. Appendix C-1 contains a provision
(Paragrl ph 12) concerning labor standards involving construction
work. Since our bervices under the contract for the City of Denton
will not include construction work, this paragraph was deleted by
Paragraph Tat of Amendment No. 3 to the contract.
We are now advised that no exceptions to Appendix C-1 will be per-
mitted by EPA. This letter shall therefore serve as our agreement
to deleting Paragraph la from Amendment No, 3 to our contract with
the City of Denton for Engineering Services, which will leave Ap-
pendix C-1 attached as a part of the Contract in its entirety.
Paragraph 2a of Amendment No. 3 to the Contract contain, the phrase
"assisting the Owner in obtaining approvals of State and Federal
regulatory agencies, This assistance is intended to relate
to work which may become necessary during and following reviews of
plans and specifications by these agencies in order to obtain final
approvals, Other work in connection with grant applications and waste
discharge permit amendments will be required which will be ineligible
for federal grant participation and must be paid for entirely with
City funds,
EPA Form 5700-41 which 1s attached to our engineering contract for
the EPA Step 2 project shows a proposed architectural sub-contract
in the amount of $8,000, While there will be architectural work in
approximately that amount required on this project, we have decided
thst the work will be performed "in-house" with our own staff .end
no sub-contractors will be involved. We have made three (3) copies
for your attachment to our contract,
T tLIt P 140 NL a t 7 3]6.7161 All LAMAN ltnttr rOIt r WOIt ►N, It tIt AS 7a 10t
If you concur with the slave changes and clarifit,af.lolls to our en-
gineering contract we suggest you sign three (3) collies of this letter
in the space provided below and return them to our office fors letter
mittal to TWQD and EPA. Please call if you have any questions.
Respectfully submitted,
UREESE AND NIC110l.S1 INC.
Robert L Nichols, P. E.
RLN:ms
Enclosure
Approved By
CITY OF DENTON
DateI e
ty Manager
~C'91
r
AMENDMENT No. 3 TO
CONTRACT Poll ENGINEERING SERVICES
The Contract for Engin:ering Services entered into on the
12th day of August, 1969, anJ amended on Decembr.,r 1.3, 19749 by
and between the City of Denton, Texas, and Fronne and Nichols
shall be amended as set forth hereinunder. The said Contract
and Amendments are attached as Exhibit A.
1. The said Contract (Exhibit A) shall be amended to in-
clude the provisions established by the EnvironmenL•al Protection
Agency known as appendix C-1 to 40 CRF Part 35, Subparagraph E
as published in the Federal Register, subject to the modifications
set forth below. Appendix C-1 is attached as Exhibit D. It is
mutually agreed that all references to other paragraphs in Federal
Regulations and Guidelines shall refer to those in effect at the
time of the execution of this Amendment.
a. Paragraph 21 shall be deleted in its entirety since
this agreement does not involve construction.
2. Parag'raph 3a (1) Compensation to Engineer, as shown in
the original agreement (Exhibit A), shall be suioarArAed, for this
particular project only, as act. forth herein.
a. The Engineer shall he compensated for professional
services In connection with the preparation of. detail designs,
plans and specifications in compliance with Step 2 of the EPA
grant at a lump sum of Two Hundred YUghty 'three Thousand Six 11un-
dred Twenty Two ($283,622,00) Dollars. These services shall in-
clude the preiaration of the construction drawings, specifications
and bidding documents, attend periodic meetings in connection with
completion of Chia phase of the assignment, assisting the owner in
obtaining approvals of State and Federal regulatory agencies,,
assistance in soliciting and awarding of construction contracts.
The Engineer will provide up to Lwenty-five (25) sets of construc-
tion drawings, specifications and bidding documents. These copies
shall include those required for review by the Owner, EPA and other
agencies. If services other than those described herein are re-
quired they will be donsider.ed as "additional services" and the
Engineer shall receive additicnal compensation, subject to the
approval by the owner before the work is cooQnenced.. The manner of
computing the compensation will be determined at the time the
Engineer is authorized to proceed with said services.
b. The compensation for services in connnctior, mich
Step 3 of the EPA grant program shalt be determined by a mutual
consent at the time an application is submitted by the owner to
r
r
EPA for Step 3 grant funds. These services shall include attend-
ance to preconstruction conferences, provide genoral construction
wl contract mr,nagement by office personnel, proviriv resident con-
struction inspection services, preparation of. .-hange orders, pre-
paration cf an operating e,nd maintenance manual, assistance in the
training of wastewater treatment plant operatinn, preparation of
a user charge system, prepa?:ation of an i,dustrial cost recovery
system if required, etc.
under thisc agreement n outside the
the extent normal required range and perform scope of eengie9
neering services by the use of special consultantrs in other pro-
fessional fields, such as lawyers, accountants, archeologists,
ornithologists, soils analysis, boundary surveys, rate experts,
and similar typos of other professional skills, the engineer shall
be reimbursed the cost of such consulting services, plus an allow-
ance of ten percent of such costs to compensate the engineer for
arranging, administering and coordinating the work and reports of
such outside consultants. The special consulting services shall
require the written authorization of the owner. HoweverI nothing
in this section shall hrdvent the owner from hiring consultants
and paying for them directly without )eing liable for the ten per-
cent allowance to the engineer.
d. Successors and Assignments. This contract is assigned
to Freese and Nichols, Inc., a Texas Corporation, successor to Freese
and Nichols, a partnership as set forth in Exhibit C.
The Contract Amendment No. 3 is executed in two counterparts.
f IN TESTI,ONy HEREOF, they have executed this agreement, this
'2s1~1 day Of - C i L'1 N1977.
ATTESTS CITY OF DENTON, TEXAS, OMER
BY: is 5 IObT, CITE SF:CRETARL tJOR 11UC;11ZSr OR
FREESE AND NIC1I0b3, INC.,
ENGINEER
WITNESS s
b 4/1 ` ROgI RT L. IC=0S
VICE PRESIDENT
-2-
i .
ElflflESlT C
ASSIGNMENT, ACCEPTANCE OF ASSIGNMENT AND CONSENT TO ASSIGNMENT
Whereas, Freese and Nichols, a partnership, has entered into contract
with the City of Denton, Texas which is attached as txhibit A, and
desires to assign its rights and duties under this contract to Freese
and Nichols, Inc., a Texas corporation, and the City of Denton is
willing to consent to such assignments, the parties therefore agree
as follows:
1. Freese and Nichols, a partnership, hereby assigns and de-
legates to Freese and Nichols, Inc., a Texas corporation,
all of its duties and obligations of performance and all
of its rights under the contract dated 12th day of August,
1969, between Freese and Nichols, a partnership, and the
City of Denton, Texas,
I
2. Freese and Nichols, Inc., hereby accepts the assignment
of the contract and agrees to assume and perform all the
duties and obligations to be performed by Frer,se and Nichols,
a partnership, under the contract as if it had been an original
party to the contracts, and
3. In consideration of the assumption of duties and obligations
under the contract by Freese and Nichols, Inc., the City
of Denton, Texas, hereby consents to the assignment and
delegation to Freese and Nichols, Inc., of all the duties
and obligations as well as the assign ent of all rights
under the contracts by Frer;e and Nichols, a partnership,
and agrees to kuk solely to Freese and Nichols, Inc., for
the proper performance of the contract.
DATED this i',r day of /'L 6j L.- .1977.
ASSIGNOR:
FREESE AND NICHOLS, a partnership
By Attes-t Partner
ASSIGNEE:
FREESE AND NICHOLS, INC.
By 11 P
7' Its
CITY OF DENTON, TEXAS
9ttest Tts _ 1 r!. y.r
CONI RUT ;'OR
1:NGlNI:1:R11'4 Sr:RVICI:S
STA1S 01' THXAS X
Co"'ry OF WINTON X
Tills Contrnct t ntnred Into thin ~day
I of by and hotwcen the CITY or DENTON, 1'h:X1LS/~~teinnfterillf- ~j'o-wi, L~G~,
acting, by and through its lrayor duly authorized to act, and rpxmsj:, 1;ICIiOLS
AND IIMESS of Fort Worth, Terns, Ro8lutered Pro£eonionnl tripinr'orn, horeinafter
called thn Engineer.
M WITNGSSMI, thnt fn conjiderntio» of Ilse covennnts and a;±reeru:nts
herein contained, the parties hereto do mutually arrf!v ns follotts:
1. rrsltloyricnC of Engineer: The omor hoveby cnploya the Engineer
and the I:nglrwer igrenn to perform all neco,>:nry professional services here-
inafter act forth In connection with improveracntn to lie bade by tho Ownor
an follownt
lismlciiml ImprovementA, Including Pater Treatme:tt
Plante, and other Vater llorka lnprove,;eutr,, Seuernpc
System Improvements and Sewage Trerttmcnt Plants and
other Illacellaneouo Municipal Improvolelltrs
hereinafter called the Project,
The employment of the l:n;lncr.r au co•.;rrr,.l uy thin contrnct
nhall he applicable only to nuclt tmprovevsento for uhf ch Ow th+arr nhsll
make specific nuthortrati.on to the CaRinear to petforsa r^rvlcen.
2. Charnetcr and 1?xtcnt of 5ervicer: The iurtnenr .-il,,all rondrr
nll engineering oe.rvIeveitecereary to the d(:yelopment and conntructlun of
the )'reject, which shall Include, but without lrmitntiona, tho follovinm;:
n. Preliminary Enpitseorinq Servi,cer.: tlal:e ucccul;nry pro•
liminary invantigatlorsft nnsl Vtudlen, drilvingri, and rnpproximate entlmnten of
tsnterinle required, all in detail aufficleut to imdicnto clearly thn ucope
of the Project nrn1 snake pornihle au ant1willu of tort, if deemed necessary,
prrpnro a preliminary report nhowinr propelled improvements; attend nil
4
necamoary confcrettcr.t; nn.l 1+repara ner_rnnnry for',," .11-d nr,plIcatIfins, Including
npplicntIonn for as nistnncn in the f:inanciug, of prupn,.rd It.rrovM•tcntu, OtI0i
may bo required by thu Minor.
b, 1+nnirus, I'lann crud ;lecifIciti.-ur: "nl:n ticcn.n;nry field
rurveyn; uupcrviao thie necrosary liorinp, and tent pit,; and fuundatlon e.xplora•-
tionot prergre necennary wort ing drat,in};n, lnr^e ernlr, ;,,o full scale drawingn,
and opecif ientionn; prepare fort-iii of prnt.osaln : prof nre „I,pllcnttann for
licenses and/or npprovnin from local, and qtnty autlioritiv•t; ntteud conferencen
and assist is tlta co-ordittntion of the work with other fnterented partiem: and
assist in the award of conatruction contracts,
c. Gencrnl 1'.cprenentat[on and Tnnl+rctInn lturin,~,_Cuarttruclion:
Act on tha turner' q i ens cyctitativn' nth lira ;+royact~ during tlio t onntruation
period; check nll nttop dravings gttb,nitteil in connection with the Crain true tion00
supervise and review vork of inspection hurenun or tertinr, lnhoratori71o
that may bn required; furninh gcnoral inspection of the worl:ttnd irttorpretntion
of plans and specificntlons by visits to the e;ito l+y prittcipnln or milbora
of the office mtnff of. tho rnn' trteer; i sell the R,mer Informal of the prorreas
of the work; issue nil. Instructions of thn Minor to Coutrmetorn perfornin;l
tha work{ prcpara chnnge orders nn required to Insurer prn;+cr enrrying out
of the intent of the coutrnct iocktmentri; oi0onvur to tito Lent of the hngincer's
profensionnl ability to floc Ouit thu to rlc Is carried out in conformity with
the plnnn and nrecificntlonn for Oho 111,o,j^ct, and in thln connection, to
dinapprovn work an f,ailinp to conforta to rho cont+ '.ct docwticntn, and If
neceannry, to innuo orders to Contractors to stop work ehich in defective.
and not in conformity with the contract docuttentn: i,tr.uvt certifieatea of
payments and {:cep nccounts no may be nececsnry to the pro,sncution of thtt
work to cortpleti.on: upon compl.otictn of conntructir,n, revue working tirnuings
to dhow the pro.iect nn actually corstructed. It ir, recogniv.t!d, 11ovever,
that Contractors of t.ha 0,114(.r on Llie Project Oll lie lndependt-ttt Contractorn,
and the Fnginecr will not be reopot,si.blc for Contrnctorn' fni'lure to perform
the conatruction vork in nccnrdancn witlt the contrart documant';, flnr ;ho
techniques nod nequonce of construction or the nafety prec,nutionn incident
thereto no used by Contractors.
d. Resident IrtagiccLlnn ihrt'ini; L.mr;trueLlon' U the Owner'n
option, the IrMCIncer wlll furninlt nl: tiro 1'rnjnct ills tho ee.t•vicra of compatent
personnel., who r:hnll re.rforn riecnnnary conntt'uction lnynut and nurvnys,
give. complete, rind ndequate on•oitn lnnper.tloo of construction, act ns the
1:ngincer'o representative in inturprotinp, plnnn and r;prclfications, nud
other documentn, for and with the construction Contr;tctorn, mn1.u mr-mcurcuents
of vork pcrfnrtned by conatruction Contractorn nn,! pe•rfurnt much other dutles
normally required in realdent inr;pnction of construction.
I
r , f;uh rurfncn nr ineCt' %..j Jnvo+ltl;~ntlott,t
I11 r!trr.r,t n:rl,:;npr:rvl•':r tit,; i,Il , rht ,nirF ,ice thnvr.VC
rntIonn, includinr ',nrln~n, tr,nt pltn , eat! ttstiit r ti
cub eurfnce axplornl:ionn: however y .,irvevn, 0"1 other
the tntorpretati.onn of d.nLn and rej,ortnrfl ginl of rnch :sivnntlt;ntinns, and
p.1rt of the enrvicnn to, rende s ectnl cnn:,ttltnntn nrn not ,n
nha11 be paid by the tttmnr, red 1,, the 1:nt;tnecr, .111(1 tlu) cunt thernfora
111c t:tirfncr.r ohall supervi:te ruul ravieu the vork of Ler,ting,
lnboratorfnn and innprction I,nrc,u,t regrttr,:d for the tOz:ting or inapect(on
of ik terinlu, eL , for the Yra•sect. htit the cool of r.nr
or fneppction nha:l L,.? paid by the tttniar, it lnl,orntnry tent"
f. Topogrnphic, Itt,,l,t.•of••Ihtyr end Lar„I !ur_veyn: The rnviticar
nbnll make top,orrnpttic purveys nn necens,iry i1( catutcclinn trtlh the location
and design of n!1 structures.
for the procurement oMe rir,4neef irmnll. Prepare "cm,tcr Itne Lypn" do-larfpttons
the denim of tht, YrojecL, provided :tncht rlc!iCriptione; ro, y 1~ `i redo for
t1,o dasfgn :turvcyn. If additional ourveyn nee rejulred t,r determirtnepropurt.-
corr,ern in connrcl.tnit path the. dencrtptlnnn for tlx, rfRtst of •14,17 ensnlsGntll,
the conL of ouch .turvoya nha7.1 hr. pat,f 1,y the, (k,nrr.
'rite
boundarion of land Witchn r
nc r Lhn :ipproximite
may hu rryntroiliforotho Itro ,.r- , p
procurement of land and nervlcen !n comiL..tJoi? utttt p t' rtrvcyn for the
condemnation of bind nr~ not n part of 0&1 E rucendtis; : fur the
nli caste for Inr.-0 cnntrnct. 111(: (x+n~r shall pay
rendered in Connectionvvtthncondemnatlati procen,lturonl irlr_er far netvicea
3. Goppcr,ontion to I',n,lneer:
T
for all profenntnn,nl artviccs renderedundcrri}Lltiurcontractl~ln nacardnricecr
with t'te fr,Ilo:+fne:
n, tG1~or 1'ro ,±cts:r a
(1) Yor Prn.llmist.lry l:np,inccrln J)vnffrist,Ap1_hnsa aml S,ecffi••
crttionn am, Gr,nernl Trpt~r,entotinrt During 6v.n c-iori, The
he pnfd n computer! nn n in facer Fftall
1'ro e I rcpnt:nj!n of tfre Caligtruction coat of the
jet nn nltasrst ire the f.nllowfng tnhuiatlon:
Construct, on ('ant I;n lnrr•rJnt, I'ee - f'rC., _n .
t'' it r t r~,tlr; t ltlut lul I Cnmt
ftclininary I'.uF,inenr- vvhvvll f,prctv"t--
fnq, be"Irns, flans Woo burt:,j Total
~1n~1 ~ecific.ltiostn CnnntItiction FCC
S 259000 to s 5() ,000 8.00 ?.50 10.50
5r) 2000 - J nrywo 7.50 2 .50 10.00
100,nu0 - 2500000 7.00 7.00 9.00
250,000 500,000 6.00 1.50 7.50
5000000 - 75o,noo 5.50 10} 7.00
750,00n - 110001000 s 25 1.25 6.50
1,000t0o0 - 2^0,000 5.00 1.00 6.00
All WL, Ubich the Weer nuthnrlt un at. Ono Lino the
UgHcer to perform ccrvfcen, shall be proupt l t•or;ctl;er for the purposr:
of entablinhfug the "Construction Coat" brachet for determining the applicnble
parcentaFe fca, unit the fee to he not lern than the orixintm nnount calculated
under the next luucr tact hrncket.
In •a deternlrintion of tbo tool coantruction cost of
the work on Vhictl the. F;nrimeer'n fec rhal1 be baaad, there nball not ho
Included the coat of Memo of InK, rIghtm-of •trny, rt•.lrlKlArntive or loyal
exprnscr, architect nna enp,inecring teat, ,orvIcen of tt>ilan laboratorice,
boring, or foundation tents. Also, there r:KII not he t'e%lur:Led fron tic
coast of the York mutts vithheld from payrew to CovLroctorv, such an pcnaltieu,
liquidated dnnalc5, or other similar nlmmm.
(2) l;nr I'.t >ident 1slr.pectfrnt I urin; Ce.m:tructinn nud Car-
.
atruction l.a,vout: Nor rnoidw fnnpoct.ion dotring comrtrucL1Y 7: 7,1 c.c+_:t.ntructiou
lnyont, the WRinaer nhall be paid tho act'val I-ryrull co-,-,L of all pcrnonnal
'required timer. a I,ulLiplier of 1.75 for indirect wnto, lncludin„ taxes,
insuronce, etc., on related to much ptrmounal and yrufit and tlhnll. to paid
also the netuil dJ,rpet vxporimn of providUl ranch I c toonnrl, includln-, travel.,
LranaporLatlntt, soh .iSUDee, : upp.lien and other net uml %.lt uf-prr.,c 7" rnpcasen
Liman a rlultipllor of 1.15 for an ovorhnad or service charm, ' o,c n onbov
of nn,l the f.ndividualn Golected by Lhe vancer for r.r,. Ker this
paragraph Still he r.ub3ect to tho thmor'n n1provnI.
(3) TInc of Cor,pr.nr,ntf~n: I'aymcma _vicon rendered
by the yngincer shall bc: made an follown:
l'or prelltninary vn:^ nacr1nl„ d~•r:f~un, and I'lnn; and
npecl.f icatiwtn, upon conpleLton and delivery to tho (loner of 11,111r, and
npaciffentiooi for nay unit of LK project and nVrioW by tho Other, the
fee as computed for ouch unit shall be deeded to have been earned and shall
become duo and payable.
fit 111r rvrr]t the th.nnr c]rctr, Any unit of to dater rnnrtriicttrnt of
Uxt I'rn,lrrt for' trhlch tho ?~w!1nrrx hrln and r.poci-
f1cntion '.nned on nn authoriantion from th,! Oil, fit(, vnrnrd thrill he
computed on lh,: basis r F. nn rr.Lirritr of enwil.rucL ton cr+ut prepnml :jy tho
Fuginc:er and nat!jo.rL to approval of the ncnrcr.
hnr J;e7npCal. mprovoritnLiull anal Jn1:l~ecctie,n during eow-
ntt ction, pitynlent ~;h.nll hs Cade on monthly or,ti::.ltca of the 1:r1;•in^rr, which
esti iatos '111.111 bn bared on the value of tbn vorl, 1.!tforrn%.1 by the Contractor
r4,is the chargo for resident Inspection.
b. 11lnut Pro ccln:
Yor minor projoctn nn-1 nl,(!cfal n.j33rJv)ontrr, :;tnkin trllnor
extensions, ,nat.in'm tents, etc., the fL,(% shall tie l,nred oil the actual coot
to the rnftneer of prrfornin^ the t,ork in foll.,ni,e: 711e I;nr,inccr ahall be
pnid On actual pciy'oll cost of all pnraomwl. tvqu1rr.•1 for the vorl: Linton
a multiplier of 1.7.E for Indirrct conts includin; tame, incurnnee, etc.,
and profit and shall be pail also MI. other (li.rr_cL come ro]nted to tha
work includin,R trnvrl, tr,lnntlortntton, vubsi.aterlc,!, nuilplipa ,'1nd ot'1or .'1ctual
"out-of-PrickeL" expenso then n multiplk-r of 1.15 for on overhead and
cervico charge.
A Prcltmin'1ry rat1IvIte0t Ow)rrlur^Lol to do so, the ro-imecr
101.1.1 f+n'nirlh rrrtlmfnnry +atlma tns nn thrr cost of On tmrl., but br dnen
not ruarnntce thu accuracy of such entitaatrr,.
5. Rovlrtott ;if r1,1119 fled "'er_lfic.ztfnt T14 (t;nur rrautvos tho
r1gltt to direct cul,,gtantinl t'cvinlort of the plnnt and cprcificatious aftar
duo approval by Lhc fN.'ner it.1 Winter iviy deem nece3nary, but in such event
the Owner shell psy to the Engineer just asld equitable emponastion for
the nnrvices revnlrre-d 131 irnYinf, Such revisiaxt. If rrviolnnn in the plonn,
specifications or drn10ingt; nro :cqulved by rean•nt of. the Enrinecr'n error
or orntssiona, then nuch revintons will hu made by the 1'nrineer without oddf.-
tional compensation to tho fees hrreirr apecifj'.c,l.
6. In^1,ection and P(!viow of the Uorkt 'ihr. 1;11r (nec•r 011 rndeavur
to protect Olo '6--m-Pr nl;ainnt delcctn and elaf.icicuci,:n in the voti' of rr,ttLrnetero,
by Inspection rind observation of the wort: no it pr• j:rr!,u;un, by interpretation
of tho plans, npeciftcathills and other contract tIOCUi:eletU Io find WItlr Lllr
Contractors, by the dio,zpl,roval of defective wort: and Lho 3wmancc of atop-
orders with re.npect to defective prnce.dutes, vheru they art, ohr,ervrd, and
the, Yiiglnecr All exorcir•r, due dilirrlrce to n3nist L11c Olmnv to requtring
Lhat thn t:or?c he done. to accordnncr with the plane ,11I.1 al,rctflcatlannl Imt
thn Contr.1rtor .AII romaln indepenrlrr!L cntstrrsctor,t vIth the n,te,•Y, nlsd the
rnninner doen not r,uorantro the performance of nuch cosl,ntruction contrnct.n.
5-
r ,
7, f*.;nrz^hi s
mrnta of nrrvicn me tl h~~r1oumcnts:
nrc orsif {nal r'nJr l+o executcd lorlttoty oiltlle'; I(r,;lnrct ' ~f1r~IClcut lun% r.a lun,tru..
drrtotn^,rt and r t Into
tftt• l'nt,lu~cr srlll trcr the t:nrk
•'t vide such nur,t,nr f cificattorr.n Err uIt vllich
of r•( to Of the retain fu 1110 Ellen
nn tire ncce.4o0ry !n thn pt snnyr d- I,n •
L'i le c.1vl. n'111,rific„!.tuns w id still fro-
h:tll ext'cutiult of th(+ I'run for cr~,rn ul rt,ICr r}r,currr-utr,
revina 020 rur1:{,t,; 1ecL. t, unltnnt,t,lrtf+, trnCr fnn nud
vnd 11,a (*,snn.r drawi"', to r 7a me required
r'ItFlll 1:(, 'r uC curtOtYUCLtnrt,
Jrntrinl:n, farntnh the I;
rtl tsro irttr( tt~ I'rtir'^r 17 n ,.1 er
f+rlr r.r•yllj; actunllY crtttst'ructed
Of • frr,(,I t11c "An lfullt''
b1»dn It1ry.r^"ttccortnors Ind Arsirnmc'nrn:
lf, 11TH hart::tr.r:+, :+ucccM,tn flte ('afa'r <In•I thr or he t;
nfhnr !,Zrt,• po Chin r rxccxrto n^in,cr, ('nc)t
tJ.'t{nL'rnte' r.: ;d V,rrrr r 1 ~dnini:e !
t 1..41
ntf
1.11,4 ^ i; L't 1
(if t 't„Yr;r+.i•~tI :I'C:tt I 7f ..,rc}Ilrplh~,rt 't0 11x' t'r,rlrtC
i• SU(:lte~norn. ,n..nt nn
or tranafr'r ithr.r the rhIItory(r+r frt}' Ir, rf,FP Or
n] sxocutore,
the other, ' lttLC,rc~ot' In Ctt.is .t t to t,.fl rr, . 1 cnvunUntrt
t•rr(•I+}r(rt f t F11ni1 nr(r.ill(, eltblet
Chnl(r t'In t'rlr.tnr; r-nnrtent of
? r! "I'd of thrOn - ,I ^ 1CCI..
for 1
~'0,9fu IL'"'+ t h tI.••hcon Cnn11."tCt f
;1:17
e ,,tc: vL 1 s :(Leml
aur,Cetaiv;: Luiti„ rf otn lr.tct and r r in f,t+ri.o
nthcr, rf n dr;;• yc,Ir r,ir!t ;ur! .d
irrs to r.r.rnttrnt~ n, o ^.l ;a ,i l bt. Lrvt("'011 Ftutucultically
Alvan in vritintt 'fitor t nnJ~ 1+It't)
3110
ienest,~} to thu r::1'Iratiol r'ntr:Ir•t such r,aCtrl, to I.rt
e:<lslraitOI ortt;-'''rtF ~•lu +rri cr to
rt !n l.,ro eV0;it: iJ(17.'i: ~1 i tl cnaLt.
atlal l
cant n ,+nnl. ru" z •t~It f r•~'i'+`t •tct or nn
Lnrrj ilr of tr t~ IIt l~ro' If-,' y
fist J-9 rrr]ntncCt 01, r..tl•:t>,~1 tl,,,ttnC f It tt,u
d tc, nl.l I~orl' frtr r,1r . I,a CcsuLr&Ct
91r{.t r•nri~r:tct i:t ct, 1'ru,1~'ct,
Itrt~} i(I L1JU
1t: TIIf()., IY Ir;:I;l,t)1; cnutstrr,,,]rtr;.
Year ftrac nL,7vt, thr+.y h;tvr: c,~t'cu!rri ~
n it Lot), th.
rl;;rrctnetrt, tl,c (InY anJ
Us„ICt '1:IsSa,S
0
l~r~ok.i }Inlt, •(atf S~tcr~ary
(CITY Sf;AL)
1~I711f"~:
1'!;1;1;51;, !ll(;11rsf,5 ANT) f'lllll{►;, i
f,nr,tn(+7r
Ily
i
1?ol,c , t✓ y.
Yt 1.. F;IChOIn /1'FlYttl@•t•-••~.
-G-
OR I W( I %A%
Uctc.,iLtr 1G, 1514
l u5 Il'locl:ltrrll
UirecLor of flonicipal Utilities
I'unicinal Ituildinrl
Uentori, Texas 76201
hC: Cr,rltr~ cl. Xc .'t'I vices
Setrerarlc' Systl;hr Lrlprove rents
Dear Doug:
This letLer is to confirl:l atvr tcleplurrle corrvcrsf:f.icn cf'Ur rhtrr 13,
19114, eoneelnin, Uur corllract for services it, ccta, ct.icr OLh the sck'!cra,e
systcal iuprovc;tr'rlts rreently iniLiited by it, r.trlic;rlion f(,r ferler,~l
funding, As t:u discussed, at the ti",(" Cr tile.. al'plicetitsr, sutlhit,tal,
our services t:at+lc to perfora,ed under ou • canLi1joir c; c:CCirlr'c'I'ir;n contract
dated the 1?.'h 4;ry ff Avrjust 1961.1. As you tlrr, IIWIIr'(I' thfr CPA prot.rzhn
requires nany studit-s and invcstinations such as a fnr:iliti/ Plen, alr
Environr'lentol Assc!srrcnt, InFiltr,tiaih/tnflc~r ful;,lisis, 'ircraticn ,n.
Flafntenancc Manuals, ctc. This phase of wir sh:r;viccs 'eill N, pcrfor11e!?
tinder Paragraph 3, b,, pcige 5 of the er,istin-~ corll.v ct as ':Special Assignments."
YouCs very truly,
FI [KrL AND II CLS
Robert 1. iiicht.1ls, P L.
RLN:ukp
r•N1111c,1
J Iir,glrlrcxv
F4~F
11'%AS wrl
:lecc nlbcr 16, 1914
Mr, Dou7 Cl11clcburn
Director of r;unicipal Utilities
fdunicil,al Cuildirlu
Denton, Tcxas 76101
ke: FlIgl1ler-1119 I;Qntroct
klater Distribution 5ysterl
Extensions
Dear Doug:
This letter is to confirm our telephone canvrrsatiorl of Decr,r:ber 13, 11141
pcrt,,ining to emlinecring fes:s for the
0 "d truer distribution
system project, tic! tgould propose that this Z;sipnwenl, be perforwo?d under
our oxistincl contract dated thr_ 170 day of Au(lust M111, :1e could rc-
spectfully roqumst that the contract be upJatcd in tiro places: 1
1, Paragraph 3. a. (2). Delete this )aragraph in it: entirety
and Substitute tho followin;1:
(2) For resident fns ~1 cCim1 '•i HWI Canstructiorl rsn,i ron-
Struct{r)n - a-yuut; -Tor rested iii{ns~rrticrrtiul construction
anTconstructTon layout, tho 1119illeer shall be pair! a fc(.-
based on (1) salary cost dines a multiplier of 2.9, and (2)
actual direct expense tines a woltiplier of 1.15.
Salary Cost is defined as the cost of s,.larios of onjineers,
draftsmen, stenograp#lers, sur•voyarn, cirrks, laborers, etc,,
for time directly chargeable to the pro,jrct, plus social
security contributions, une;ilploy;nent compimsation insurance,
retirement benefits, Icedical arid insurance benefits, sick
leave, vacation and holiday pay applicable thereto, (Salary
Cost is equal to 1.22-times salary payren`s fur 1974. This
factor is adjusted annually,)
Actual diroct expenses shell dnehulf! printing and rcproduction
expenses, corrrunication expcnso, travel, transportation and
subsistence woy from Fort ;north and other rd,cellaneuus
expense dircctlyy related to the vork, incltr.iin.i costs of
laLwatory analysis, trsts, or other work required to be
done by independent persons or agents other than staff members.
Doug Clackburo
December lri, 1974
Page Two
The nulrber of and the individual sc,lected t,y ilre
for services tinder this Engineer Owner's approval paragraplr shall I'o subject to the
.
2. Paragraph 3, b„ page 5. Uelete tilis p01a4Y,1101 in its entirety
and 516stitute the following;
b. Minor Pro,cctsr
For rlloor pro,iccts and speci,nl JssiT1;:Ir;nLs, assistjnce In
INIkinq hrant applications together with srrplrlrr~ntal docu-
ments and studies, staking minor r~xte;t;inns, nlahinrl tests,
etc., the fee shall be based on (1) salary cost ti,:Ius a
multiplier of 2.50, and (2) actual direct expanse tirles a
multiplier of 1.15.
Salary Cost is defined as thn cost of salaries of engineers,
;Iraftr"vm, sten«iraphors, survcyncn, cl^rl;i, ll1hor^rs, et-C.,
for tide directly chargeable to the pro{act plus social sreeurlty
contributions, 'Ugomployment coorr~nsatinrr in;uranc.r, retiri:rr,ent
benefits, ahdical and insurance benefits, sick leave., vacation
and- holiday pay applicable thereto. (Salor;v Cost Is equal
to 1.22 tides salary paynents for 1914. This factor is adjusted
Annually.)
Actual direct expenses shall includr. printing and reproduction
i~xpansvs, comiumication expense, travr.l, Lraiieportation ind
sul,sistence away fron tort 1.orth end other miscellaneous
expense directly related to the trrrl-., iocludin'l costs of
h boratory analysis, tests, or other ►:orl: req ' uirc-d to be
done by independent persons o' agents other than staff meibers.
The basic fen for services fo' services, as sr.t forth in ParaOraph 3.
a. (1) and all other terms and conditions of the contract datt:d the 12th
clay of August 11069 remain unchanged.
Yours very truly,
1 1 7 FR[vsr. &NO 111COOLS
Robert L. Nichols, P.C.
RLri;mg
r
.
LXIIIQIT B
UNITED STATE ENVIRONMENTAL PROTECTION AGENCY
t
APPENDIX C-1
I REQUIRED PROVJSIONS
I CONSULTING ENGINEERING AGREEMENTS
1, General
2, Responsibility of the Engineer
3. Scope of Work
it. Changes
11 S. Termination
6. Remedies
7. Payment
8. Project Design
9. Audit; Access to Records
10. Price Reduction.for Defective Cost or Pricing Data
11. Subcontracts
f 12. Labor Standards
13. Equal Employment Opportunity
14. Utilization of Small or Minority Business
15. Covenant Against Ccntingent Fees
16. Gratuities
17. Patents
18, Copyrights and Rights In Data
1
I
i
t. GENERAL
i
o .
r (o) The Owner and the Engineer agree that the full,,v,inU i rovislons shall
apply to the work to big performed under this agrocntent and Iiuft Stich provisions
shall supersede and govern any conflicting provisions of Ibis ,(Irrupt tit,
(b) This agreement Is funded In part by s grant from the U, S. t_nviron-
mental Protectlon Agency, Neither the United States nor the 11, S. Liivironmerttal
Protection Agency (hereinafter, "EPA") Is a party to this arn,•oment, This wirce-
ment Is subject to regul,atiuns contained in 40 CFR 35.936+, 35,1?.17, and 35.939,
2. RESPONSIBILITY OF THE ENGINEER
(a) The Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and the coordinatlon of all designs,
drawings, specifications, reports, and other services furnished by the Engineer
under this agreement. The Engineer shall, without additional compensation,
correct or revise any errors or deficiencies In his designs, drawings, specifica-
tions, reports and other services,
(b)' The Engine-, shall perform such professional services as nmy be
necessary to accomplish the work required to be performed under this agreement,
In accordance with this agreement.and applicable EPA requirements,
(c) Approval by the Owner or EPA of drawings, designs, specifications,
reports, and incidental engineering work or materials lurndsliod hereunder shall
not In any way relieve the Engineer of responsibility for the trrhnical acloquacy
of the work. Neither the Owner's ;-.or iPA's review, approval or.acceptance, of,
nor payment for, any of the services shall be construed to operate as a walver of
any rights under this agreement or of any cause of action arising nut of the
perfur'mance of this agreement, and the EogIneer shall be and remain lkible In
accordance with applicable law for all damages to the Owner or EPA caused by
the F_ngineer's negligent performance of any of the services furnished under this
;tc3recme,~t.
(d) The rights and rerned'es of the Owner provided for under this
agreement are In addition to any other rights and remedies provided by law.
3. SCOPE 01: WORK
Lxcept as may be otherwise specifically Iirnlled In this ;ufreenivnt, thn
services to be rendered by the Ennlneer shall Includn all service!; rcrlulre'd
to compieie the twik or step In accordance with applicable LPA rcrtul tfions
(110 CFk 35, Subpart E)
2
~s
4, CHANCES
(a) The Owner may, at any time, by written order
,
make changes
within the general scope of this agreement in the services or work to be
performed, If such changes cause an Increase or decrease in the E'ngineer's
cost of, or time required for, performance of an servit.
agree-
ment, whether or not changed by any order, an equitable adjustment shall
be made and this agreement shall be modified in wrltinf! accordingly. this claim of the Engineer for adjustment under this clause must be asserted In
qny
writing within 30 days from the date of receipt by the I'ncilneer of the
notification of change unless the Owner grants a further perlod of time befpr,,
the date of final payment under this agreement.
(b) No services for which an additional cornpensatlon will be charged
by the Engineer shall be furnished without the written authorization of th
Owner.
e
5• TERMINATION
(a) This agreement may be terminated in whole or In part In writing
by either party In the event of substantial failure by the other party to fulfill
Its obligations under this agreement through no fault of file terminating
Provided, that no such termination may be effected unless the other party is
given (1) not less than ten (16) days written notice (delivered b party;
return.recelpt requested) of Intent to terminate and (2) an oppt certified mail,
consultation.with the terminating party prior to termination,Lrunily for
(b) This agreement may be terminated in whole or in part In writing
by the Owner for Its convenience, Provided, that no such termination may be
effected unless the Engineer is given (1) not less than ten (10) days written
notice (delivered by certifled mall, return receipt rectuosted) of Intent to
terminate and (2) an opportunity for consultation with the terminating party
prior to termination,
(c) if termination for default Is effected by the Owner, an equitable
adjustment in the price provided for in this agreement shat l be ma ;t!, but
(1) no amount shall be allowed for anticipated profit on unperformed services
or other work, and (2) any payment due to the Engineer at !Ile time of termina-
tion play be adjusted to the extent of any additional costs occasioned to the
I Owner by reason of the Engineer's default. If termination for default Is effected
by the Engineer, or if termination for convenience Is effected by thu Owner, the
equitable adjustment shall include a reasonable profit for services or other work
performed, The equitable adjustment for any termination shall provide for payment
to the Engineer for services rendered and expenses Incurred prior to the termination,
in addition to termination -settlement costs reasonably Incurred by the Engineer
relating to commitments which had become firm prior to the termination.
3
77
(d) Upon receipt of a termination action pursuant to paragraphs (a) or
(b) above, the Cnglneer shall (1) promptly discontinue all services affected
(unless the notice directs otherwise), and (2) deliver or otherwise make
available to the Owner all data, drawings, specifications, reports, estimates,
summaries, and such other Information and materials as may have been
accumulated by the Engineer in performing this agreement, whether completed
Orin process.
(e) Upon termination pursuant to paragraphs (a) r,r (b) above, the
Owner may taste over the work and prosecute the same to complctlon by
agreement with another party or otherwise.
(f) If, after termination for failure of the Engineer to fulfill contractual
obligations, it Is determined that the Engineer had not so failed, the termination
shall be deemed to have been effected for the convenience of the Owner. In such
event, adjustment of the price provided for In this agreement shall be made as
provided in paragraph (c)-of this clause.
(g) The rights and remedies of the Owner and the Engineer provided
In this clause are In addition to any other rights and remedies provided by law
or under this agreement.
6. REMEDIES
(a) Except is may be otherwise provided in this agreement, or as the
parties hereto may otherwise agree, all claims, counter-claims, disputes and
other matters In question between the owner and the Engineer arising out of or
relating to this agreement or the breach thereof will be decided by arbitration
in accordance with the Construction Industry Arbitration Rules of khe American
i Arbitration Association then obtaining, subject to the limitations st-Ited in par-
agraphs (c) and. (d) below. This agreement and any other agreement or
consent to arbitrate entered Into in accordance therewith as provided below.
will be specifically enforceable under the prevailing law of any court having
jurisdiction,
(b) Notice of demand for arbitration must be filed In writing with the
other party to this Agreement, with the EPA Regional Administrator ind with
the American Arbitration Association. The demand must be made within a
i reasonable- time after t,ne claim, dispute or other matter in question has arisen,
in no e.,ent may the demand for arbitration be made after the time when
Institution of legal or equitable proceedings based on such claim, dispute or
other matter in question would be barred by the applicable statute of Ilmitations,
4
1
attttttttttt~
(c) All demands for arbitration and all answering statements thereto
which include any monetary claim must contain a statement that the total sum
or value in controversy as alleged by the party making such demand or answering
statement Is not more than $200,000 (exclusive of Interest and costs) . The
arbitrators will not have jurisdiction, power or authority 1n consider, or make
findings (except in denlat of their own jurisdiction) concerning any claim,
counter-claims, dispute or other matter In question where the amouiit in
controversy thereof Is more than $200, 000 (exclusive of Interest and costs) or
to render a monetary award in response thereto against any party which totals
more than $200,000 (excluslve of interest and costs).
(d} No arbitration arising out of, or relating to, this agreement may
Include, by consolidation, joinder or in any other manner, any additional
p,-.rty not a party to this agreement. '
(e) By written consent signed by all the parties to this agreement and
containing a specific referenr.e hereto, the limitations and restrictions contained
i in paragraphs (c) and (d) above may be waived in whole or In part as to any
i cl; iro, counter-claim, dispute or other matter specifically described in such
consent. No consent to arbitration In respect of a specifically described claim,
counter-claim, dispute or other matter In question will constitute consent to
j arbitrate any other claim, counter-claim, dispute or other matter in question
which is not specifically described in such consent or in which the sum or
value in controversy exceeds $200,000 (exclusive of Interest and costs) or
which Is with any party not specifically Lescribed therein.
If) %he award rendered by the arbitrators will be final, not subject
to appeal, and judgment may be entered upon it in any court having jurisdiction
thereof.
7, PAYMENT
(a) The Engineer may submit monthly or periodic statements requesting
I payment. Such ; equests shall be based upon the .-mount and value of the work
I and services performed by the Engineer under this agreement, and shall be
prepared by the Engineer and supplemented or accompanied by such supporting
data as may be required by the Owner.
I
t q
i
(b) 'Upon approval of such payment request by thr, Owner, payment
upon property certified vouchers shall be made to the Cngineer as soon as
practicable of ninety percent of the amount as determined above, less all
previous payments: Provided, however, that If the Owner determines that the
work under this agreement or any specified task hereunder Is substantially
complete and that the amount of retained percentages i , hi oxcess of the
amount considered by hire to be adequate for the protcclion of the Owner, lie
may at his discretion release to the Engineer such excess amount.
(c) Upon satisf-ictory completion by the Engineer of the work catlyd
for under the terms of this agreement, and upon acccplance of such work by
the Owner, the Engineer will be paid the unpaid balance of any money due
for such work, Including the retained percentages relating to this portion
of ine work.
(d) Upon satisfactory completion of the work per formed hcrcurder,
and prior to final rayment under this agreement for such work, or prior
settlement upon termination of the agreement, and as condition precedent
thereto, the Engineer shall execute and deliver to the Owner a relrase of
all eia!ms against the Owner arising under or by virtue of this ac}recment,
other than such claims, if any, as may be specifically exempted by the
Engineer from the operation of the release In slated amounts to be set forth
therr.in.
8. PROJECT DESIGN
(a) In the performance of th!s agreement, the Engineer shall, to the
extent practicable, provide for maximum use of strUC-turns, machines, products,
materials, instruction methods, and equipment which are readily available
through competitlve'procurement, or through standard or proven production
techniques, methods, and processes, consistent with 40 CFft 35.936-3 and
35.936-13, except to the extent that ,advanced technology may be utilized
pursuant to 40 CFR 35.908. ,
(b) The Engineer shall not, In the performance of the wotk called for
by this agreement, produce a design or specification such as to regulre the. tise
of structures, machines, products, materials, construction methods, ecluipiminl,
or processes which are known by the Engineer to be av;iilabie only from a sole
source, unless such use has been adequately justified in wrltlnri by the Engineer
as necessary for the minimum needs of the project.
6
I
;cs The Engineer shall not, in the performance of the work called for
by this agreement, produce a design or specification which would be restrictive
In violation of Sec. 204(a) (6) of the Federal Water Pollution Control Act (PL 92-500).
This statute requires that no specification for bids or statement of work may be
i written in such a manner as to contain proprietary, exclusionary, or discriminatory
requirements other than those based upon performance, unless such requirements
are necessary to test or demonstrate a specific thing, or to provide for necessary
Interchangeability of parts and equipment, or at least two brand names or trade
names of comparable quality or utility are listed and a°c followed by the words
"or equal."
(d) The Engineer shall report to the Oviner any sole-source or
restrictive design or specification giving (tie reason or reasons why it is
considered necessary to restrict the design or specification.
(e) The Engineer shall not knowingly specify or approve the performance
of work at a facility which Is In violation of Clean Air or Water standards -Jnd
which Is listed by the Director of the EPA Office of Federal Activities pursuant
to 40 CFR Part 15.
9. AUDIT; ACCESS TO RECORDS
i
(a) The Engineer shall maintain books, records, documents and other
evidence directly pertinent to performance on EPA grant work under this
eveement In accordance rilh accepted professional practice, appropriate
1 accounting procedures and practices, and 40 CM Sections 30.605, 30.805,
} and 35.935-7. The Engineer shall also maintain the financial information and
data used by the Engineer In the preparation or support of the cost stibmission
` required pursuant to 40 CFR 35.937-6 (b) and a copy of the cost summary
submitted to the Owner. The United States Environmental Protection Agency,
the Comptroller General of the United States, the United Stales Depa •tment of
Labor, Owner, and (the State water pollution control agency) or any of their
duly authorized representatives shall have :.cc^_ss to such books, records,
E documents and other evidence for the pu; pose of Inspection, audit and copying.
The Engineer will provide proper facilities for such access and inspection.
i
(b) The Engineer agrees to Include paragraphs (a) through (e) of this
clause in all his contracts and all tier subcontracts directly related to project
performance which are In excess of 910,000,
(c) Audits conducted pursuant to this provision shall be in acc6rdance
with generally accept(,_cf auditing standards and established procedures and
i guidelines of the reviewing or audit agency (les) ,
I 7
i
J
(d) The Unhlneer agrees to the di,closure of all lo(ormalion and reports
resulting from access to records pursuant to paragraphs (a) ,end (b) above, to
any of the agencies referred to hi paragr,oph (a) above, Wherr, the audit concerns
the Engineer, the r,uditing agency will afford the Engineer an opportunity for an
zudit exit conference and an opportunity to comment on Nv- portinent portiars of
the draft audit report. The fins! audit report will Include !ho written comments,
If any, of the aualted parties.
(e) kecords under paragraphs (a) and (b) above Shall be maintained
and made available during performance on EPA grant work under this agreement
and until three years from date of final EPA grant payment for the project, In
addition, those records which relate to any "Dispute" appeal under an EPA grant
agreement, or litigation, or the settlement of claims arising out of such perform-
ance, or costs or items to which an audit exception has been taken, shall be
maintained and made available until three years after the elate of resolution of
such appeal, litigation, claim or exception.
10. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(The provisions of this clause are recluired by UPA Dirty If the amount of
this agreement exceeds 510),000.00, The Owner may elrct to utilize this clause
if the contract amount Is $100,000 or less,
(a) If the EPA Project Officer rfntermines that any price, including profit
negotiated in connection with this agreement nr any cost reimbursable under this
agreement was increased by any significant sums because the Erdineer, or any
subcontractor furnished Incomplete or Inaccurate cost or pricing data or data not
current as certified in his certification of current cost or pricing data (CPA Form
5700-41), then such price or cost or profit shall be reduced accordingly and the
agreement shall be modified In writing to reflect such reduction,
(b) Failure to agree on a reduction shall be subject to the "Remedies"
clause of this agreement.
(NOTE - Since the ar rer,.-iient is subI t to reduction under (his clause by
reason of ctefr dive cost or rl.-'- ddata submitted In connection with certain
_subcrantracts, the Architect-Engineer may wiah to iticlud,~ a clause In each such
subcontract requirincl the subcontractor to aL~roi,rtate,ly~indemnif the Architect_
Cnrlincer. It is also expected that a subcontractor subjcc( to sucI 1nTeniniticatiun
will .,,,nerally require substantially simllar indemnificalion_ for defective cost or
pricing data required to be submitted by his lower tier subcontractors, )
8
11 , SUBCONTRACTS
(a) Any subcontractors and outside assocl.iles or consultants required
by the Engineer in connection with the services covered by this agreement will
be limited to such individuals or firms as were specifically Identified and agreed
to during negotiations, or as are specifically approved by the Owner during the
performance of this agreement. Any substitution in such subcontractors,
associates, or consultants will be subject to the prior approval c' the Owner.
(b) Except as otherwise provided In this agreement, the Engineer may
not subcontract services in excess of thirty percent (304) of the contract price
to subcontractors or consultants without prior written approval of the Owner.
12. LABOR STANDARDS
To, the extent that this agreement involves "construction" (as defined by
the Sur.relary of Labor), the Engineer agrees that such construction work shall
be subject to the following labor standards provisions, to the extent applicablL.:
(a) Davis-Bacon Act (40 U.S,C. 276a-276a-7);
(b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333);
(c) Copeland Anti-Kickback Act (18 U.S.C. 874); and
(d) Executive Order 11246 (Equal Employment Opportunity)
and Implementing rules, regulations, and relevant orders of the Secretary of Labor
or EPA; and the Engineer further agrees that this agreement shall include and be
subject to the "Labor Standards Provisions for Federally Assisted Construction
Contracts" (EPA Form 5720-4) in effect at the time of execution of this agreement.
13, EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy as expressed In 40 CFR Section 30.1120-5, the
Engineer agrees that he will hot discriminate against any employee or applicant
for employment because of race, religion, color, sex, age, or national origin.
14. UTILIZATION OF SMALL AND MINORITY BUSINESS
In accordance with EPA policy as expressed in 40 CFR 35.936-7, the
Engineer agrees that qualified small business and minority business enterprises
shall have the maximum practicable opportunity to participate In the performance
of EPA grant-assisted contracts acid subcontracts,
9
15. COVENANT AGAINST CONTINGENT FUTS
The LnUlneer warrants that no person or selling agency has been employed
or retained to solicit or secure (his contract upon an aclrer?meot or un0crstandierg
for a commission, percentage, brokerage, or contingent fon, excepting bonaf+df:
employees. For breach or violation of this warranty the Owner Shall have the
right to annul this agreement wipeout liability or In its discrrAlon to deduct from
the contract price or consideration, or otherwise recover, life, trill amount of
such commission, percentage, brokerage, or contingent fee.
16. GRATUITIES
(a) The Owner may, by written notice to the engineer, terminate the
right of the Engineer to proceed under this agreement if It is (wind, after notice
and hearing, by the Owner that gratultie: (ir the form of entertainment, gifts,
or otherwise) were offered or given by the Engineer, or any agent or repre-
sentative of the Engineer, to any official or employee of the Owner or of FPA
with a view toward securing a contract or securing favorable treatment with
respect to the awarding or an*tiding, or the making of any determinations with
respect to the performance of this agreement: Provided, that 'he existence
of the facts upon which the Owner makes such findings shall be in issu+! and
may be reviewed In proceedings pursuant to Clause 6 (Remedies) of this
agreement,
(b) In the event this ag -cement is terminated as provided In
paragraph (a) hereof, the Owner shall be entitled (1) to pursue the same
remedies against the Engineer as it could pursue in the event of a breach
of the contract by the F.nglneer, and (2) as a penally In addition to any other
damages which it may be entitled by law, to exemplary rlarnafles In an
amount (as determined by the Owner) which shall be not less than three nor
more than ten times the costs Incurred by the f'ngine.er in providing any such
gratuities to any such officer or employee.
(c) The rights and remedies of the Owner provided In this clause
shall not be exclusive and are in addition to any rirlltits and remedies provided
by lave or under this agreement.
17, PATENTS
N this agreement Involves research, developmental, experimr,nt:~t, nr
demonstration work and any discovery or Invention arises or is covetupcd in
the course of or under this agreement, such inventl(1rs or diru.r:ty shall l,e
sub)acl to the reporting and rights provisions of Subprrl r) r,r to cl,R Part 30,
Including Appendix l3 of said part 30. In such case., the, Engineer ;hall report
10
the discovery or invention to EPA dirrctly or throtigli thv Ov,nt r, and shall
oth rwisr. comply with the Owner's re5ponsihilitiw; in ac.rnrclancc with
Sutii art D of 40 CFR Part 30. The Erigiricer hereby ayre.~s that lhr_ disposition
cr rit its to Invvritinns made under this agrccnicnt shall be In accordance with
the tci ms and conditions of aforementioned Appendix I1. The (nglneer shall
include nrovklnns oppropriale to offer Oritn the porporos if this eondillon in
ill ctrl cnntracts inv(dvinrl research, dcvelnpnirnldl, exprrlmarital, or
demonstration work,
18, COPYRIGHTS AND RIGHTS IN DATA
(a) The Fngineer agrees that any plans, drawings, specifications,
corrputnr programs, technical reports, operating manuals, or other "Subject
Oata" (as defined in Appendix C to 40 CFR Part 30) are subject to the rights
In the t'nited Slates, as set forth in said Appendix C, Including the right to
use, duplicate and disclose, such manuals, etc. , in whole or In part, in any
m; nner for any purpose whatsoever, and have others do so, For purposes
of this article, "grantee" as used In said Appendix C shall refer to the Engineer.
If the material is copyrlghtable, the Engineer may copyrIght such, as permitted
by said Appendix C, and subject to the rights In the Governmrnt as set forth in
Appendix C, but the Owner and the Fednral Government rrserve a royally-free,
nonexclusive, and Irreversible license to i eproduce, publish and use such
materkils, in whole nr in part, and to authorize others to do so. The Engineer
shall include provislons appropriate to effectuate the purpose of this condition
in all subcontracts expected to produce copyrightable "Subject Data.
(b) All stvc.h "Subject Dcla" fuYnishn.H by fhe Enclinecr pursuant to
this agreement ar o instruments of his scr~ is es in respect of the project. It
Is underslond that they are not Intended or rrpresenled to be suitable for
reusr on any other project. Any reuse by lhr, Owner without specific written
verlficatlon or adaptation by the Erigineer will be at the rlsk of the Owner and
without liability or legal exposure to Engineer. Any such verification or
adaptation will entitle the Enclinecr to further compensation at rates to be agreed
upon by the. Owner and the Engineer.
11
F
COST OR PRI~E SUMMARY FORMAT FOR SUDAGREEM NTS UNDER U.S. EPA GRANTS Vol in rlpfurnrd,
I ~~~r'I' fh'I•t •rl.l G}ni irl: i1>~Ir U,. )N,nR Jl Jn
c rr rrar rt•)in;; IJ1r.C lrvm 01IIr No, J,SS•1!(}ld.l
I
PART GENERAL
I. cnA,trr.E _
City of Dentoo, Texas nARTauMnrn
LaArAEbrCOHTAAC70T+Or15rin!-ON(ttA!rOn -
Freese Ind hithO1S jnC (On
sulting Engineers 21 1
S. AODnr:SS VI C ON T 11;7(, rMl nn SUnCON Tn AC TOR rIn-7 0, 71f'e~..fr - danuary , 777
J F. 1 rhf nr .r I t r, nI runty: Dnt D
811 Lamar Street Detail DPsir~n Drawings,
Fort Wortho Texas 76102 Specifications and Bid
Docuctents 101• Sewage Plant
Ilnprovenlents and Sewage
Coll.ction System.
PART II-COST SUMMARY
I 1. bIRECf IABOn (Spevirv fn'nr rnrr [64 LStIVAED RAtf TOTALS
ti 21;075- 6X10 48 934
25 urv46_2,470 _
I - ^ ~OIRFC7 LABOR TOTAL,
s 130 , 816--
9. rNOrRFCT COSTS (Sperily rndunr cnar poem) RAT 4
F A OASE _ ESTIMATED
cost
_ General andAclministrativ - 0.29 s 130; 16_ } ~,931~
0.51 66L716
_
_ti_ INDIRECT COSTS TGTAL: ~ S 10d 65 "
9. OTHER DIRECT COSTS
,
a. IrPAVEL
FSTIIAATFO
COSt
Ir Tn ANSPOhTA 710N
i iRAVEI fUBTOTALT _•471,--
h. EOUIPMEfR, MATERrAiS, SUPPLIES (Spr Nly eerep,rlee) QTY -COST ESTIMATED
Reg o acti_ ons COSt
-
^_r EQUIPMENT SUBTOTAL,
C. SUBCON Tp ArTS •rj ;r r'B_ _ .
FSrIMAr£h
A IF
SUBCONTRACTS SUBTOTAL'- r ~
d. 01 Urn rep••rrry rnr,•p..... fSTIMA1E0
COST
OTHER SUBT_O5TT,LC; 1C. _ OTHER DIRECT COSTS TOTOTAI ESTIMATED COST - • •
tI: PROA IT - - (2461628
It, TOTAL PRICE f 6L994
E PA Foem ftoo. 41 (:.I6) f 283 624 -
PACE 1 Or S
~~rISS»rr~
n j o My
l
77
eryNllo Ur.Nnt1
PART Nf .PRICE SVMMAav
,a COMCFTITOP S CAT ALOO LIST PIGS, 111-HOUSr FSTNM ATE . PP!OV QUOTfI uAnr[i PPOPOSED
N'ndrrnrr Nn.1r (~r prfrn rnrtprrrlo-nn) PnIC!r51 Pn1CE
1TA ,
PART IV.CER115)CATIONS
1 CONTRACToR
114, HAS A FCUERAL AGE 4C.Y 0n A fTC+En ALLY CEPTIF IEO St ATE On LOCAL A ~E,NCY PFNI OIi IAr Cr A47( nF VIFW Or YOUR
ACCOUNTS OR RFCOROS IN CONHF-CTIOII *ATH ANY OTHER FE EEn AL GnANT OR CON tPAC.T *11 HUN THE PAST TMFLVE MONTHS'
fX I YRA [ 1 N0 fit '-1-vA" f1ve rinn r aAdrrtt MW fnlrphnne uur"hrf of rri In O v'! nits,. rJ
Defense Contracting Agency, Atlanta Region
Dallas Branch Office
500 S. Ervay, Room 503
Dallas Texas 75001,
11!•,7419 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
COSTS WILL BE ACCUMULATED IN ACCORDANCE WITH 41 CFA 1-15.4
11C.
7hk proposal is submitted for use In connectinn with Pnd in respoissr to
This Is to crrtif)• to the bv.FI of my lrnowiedge
and belie thril Ih cost nn pricing dale summarizer) IlnreiR Pre crlmpletr, canenl, and accurlle ns of
(2), January 21 I 1977 rind I11at a financial mantwo:-mcnt t.;ii'hility vxisk in fully and nccu•
ratelyaccounl forthe financial linnsriclion9 under this projrct. I farlfher certify thfd I unlleimand 1hal the
auhapeement price may he suhjcct 10 downward mr c-goliatton and/or ItEeugrnrnt Aheriv the above cps) and
pricing Bala hnve been e-ictmined, as it /exult of riuQrt, not to have been complete, current and ric•cur+le on
of the dale above.
2Ao :77
OAT[ or # At C U 7104 t,
GNA IUUY or CAOt ,SCR
rlttA OF I "Ore., it
1/, fiP ANTEE RFVIEYrER
1 certify Oat I haul reviewed 111c cosi/price summnry scl forih herrin and Ihr proposcd co5ls/price appear
ucceptabta for .:11b~+grr~mcnt na~ard,
~._bA rp O r rll[r,U .~._.__......_-air„at 1.011 1.0' hl vil r.l 1+___~.------
16. EPA of EVIFL *1.P {If rIN 11 rn14I.i
ii
i
i
DA7r UI- r.C.c. iION 51r,'IA hrr.l 01 OF pit Y.tn
EPA F1rro 5100-I1 12•761 PAGE a or 3
i, LOST OR PRICE SUMMARY FORMAT FOR SUBAGREELIENTS 'ENDER U.S. EE'A GRkNTS Form Arpro ed
($A r rlr~ nm.la)npin0 inorucfinn.s butme coorfolin4 Ihis form) MIR No. 153-RO144
PARTI.CENERAL ffffff
1. GRANTEE ~J, ;RANT NUMBER
City of Denton, Texas
- -
S, ,IA,AE OF CONTRACTOR OA SUOCONtRAC TOR dATr Or rpoPOSAt
Freese and Nichols, Inc., Consul tin En ineers January 21, 1977
1. ADURE55 OF CONTHAC fOR OR SUI-ICO,ITRACTOR (Inerrde ZIP CnJe) s, TYrr or ern ilr 1 T r) PIE r11Rro7r 6
I 811 Lainar Street Detail Oesirin Drawings,
Fort Worth, Texas 76102 Specifications and Bid
Documents For Sewage Plant
Improvements and Sewage
Collection System,
PART 11•CCIST SUMMARY - -
{I esTi. r I40WILY ESTIMAIEo
7. DIRECT LABOR (.Tprr-ll,, Inher tnl-/!r,rlrr} MATra TOTALS
HOWIS "All, r-09T
~ -Pr=dj isct"1da~ayei'"and-A3sociate~- 1fi86 s -12.50- - (21-,075-"""-- ;
6430 `-`9.00 - 51,7---
. -
{ echnician- 1646 6.46 48;
`SecreEary__..._______._ --110 425 - db7
urv T30..60 2,410
-
DIRECT LABOR TOTALI f-130,$lb
S. INDIRECT COSTS (Specify Ind,rrel cell pool,) RATE • BASE = ESINAATEO -
COST
Direct din La_bor - 4 9 s.:110Ell6_. j'17-12-17-
1.36,81$` 66, 16
-General and Administrative 02-51
INDIRECI' COSTS TOTALI 1D4 653
OTHER DIRECT COSTS
- ESTIMA TEO '
t. TRAVCL COST
1 TP AN3r OpTAT,ON • '
(1) PZA D1t1A _
s X71" _ ,
TRAYELSUBTOTAir_
h. EOUI CMENT, i44TEn I ALS, SUPPLIES ISpri lly eaf,OoF le.) 07Y COST E511r1►Tf0
COST
ReproductionsL.S. s s 2,688
EQUIPMENT SUBTOTAL
r
c. SUBCOt11RACTS ESI IVA TED
Cos1 '
Architect _ _ s 8,000_-_~
SUBC0NIRACI'SSJBTOIALI I-
d. OTHER (Spec lly rn lr Anrlr,7 C STIrRAT ED
CO:T
1
OTIIER SUBTOTALI S
r•. OTHER DIRECT COSTS TOTAIr
ID. TOTAL ESTIMATED COST 1246,628
IITRofIT - 1 36,994
IE. TOTAL PRICE 1283,62
L PA F~ er S700-41 761 PAGE 1 OF A
DArfl Nn. I54
ROJ11
III -PRICI SUMMARY
t COMPS TITOR'S CATALOG LI ST INC IN- HOUSr'EST IM ATE%, 1 ItJR QUOTFS
17. MAux E r PPOrO SED
{fn NCnle M1nr 1. !nr peter n•ny.nrr. nn) I°Ifl Ii1sl vnlC~
r.
PAR1 W-CERTIFICATIONS
1t, CONT RAC TOn
4rm, HAS A FFOF VAC AGENCV Ott A fEOt:n ALLY LE Sr TIF IFD STATE On LOCAL Ar,TNCY ii rfrtpN MtO AN / nFVlpw OF VOt1R
AyyCCOUN TS OR PECOS CS IN roll N Fr TION WITH ANY OT?IFn FECrR AL i nANT On CONT nAr,t WITIIIN TJIE. PAST TWFLVE MONTHS?
(A] Y St (1 /10 (11 "Yrr•r A'Ire "A13'r ro1Jrr-r nmf rr rrphono nrrrtlhrl n! rPT'leminp office)
Defense Contracting Agency, Atlanta Region
Dallas Branch Office
500 S. Ervay, Room 503
Dally Texas
IAD, THIS SUMMARY CONFORMS WITH THE PrOLLOWINO COST PRINCIPLES
COSTS WILL BE ACCUMULATED IN ACCORDANCE WITH 41 CFR 1-15.4
IIc,
This propo%ni is submitted for use in ronverlion with rind in locponse to!1,1I
Phis I% In certify in the besl of my knowledge
and belief that the test nod pricing,, dalli r,ulmmnriZell hrrvin filet ccutpirle, currcnf, will nctinate IIF of
(1), January 21, 1977 nnrl that n finrlnci,tl wanoreinrnt cnpahilily exists if) fully :Ind accu-
lately account !or [he financial transactions under thiq project. I furlhrr crrlify Ihnt I understand that the
subagreemnnl price may be suhjrcl to downward tenettolilllion and/of rccmgrnlrnf where the above cost and
pricing dale have been deierminvd, as a result of audit, not to have been camt'Ide., current and nccurale as
of the date above, %
:7 07 JTO VA76-
OA Tf OF EFEGU TIOI, StGNA 1UpF Ot r,CA -
V 14. GnANTEF RF'VIERFn
I certify That I havr. Trtiewed 11o rost/price tummnry sel forth litmin and the proposed cosls/price oppcur
aeceplabie for xnbrrplrenlrni awalTfl
UA rF. qF r: FC (r1 T'')N -•--9i p•U tltNr nr'Ir 1. Y11. AlU
i
IIt1-I hr fll YrF rlN
16. EPA af.vIEWER r11 npJ llrnhtr) y+
OAT[ OF FAt. GUI-ION r- _--steNA?t,"t Or hFVI,-F,tu
1
EPA Form S»OJI (2•)6) r PAGE T or S
``c
r
rww~r!
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S, EPA GRANTS Form Approved
(Sel neco?,p,Tny;ng insfruc(inns before corn(Ifc•n~ this farm)
OMB No. t S8. R0144
PARTI•GEPERAL
1. GRANTEE
Cit ~f Denton. TPYac 2' I; ANT NUMBER
1. NAME Or CONTRACTOR OR SUBCONTRACTOR S+_AU-t1lJO__02_
T DATE OF PROPOSAL -
F ~ •es AAhf~1,++ f
S. ADDRESS OF CONTRACTOR Oq SUBCONTRACTOR (include l!F eode) S. TYPE OF tERVICC lk.Mi 1rit- UZ
811 Lamar Street Detail Design Drawings,
Fort Worth, Texas 76102 Specifications and Bid
Documents For Sewage Plant
Improvements and Sewage
PART 11-COST SUMMARY Collection System,
1. DIRECT LABOR (Sprrily fahor rerea,gler) MATED HOURLY ESTIMATLO
_ HOURS nATE COST TOTALS
ro ect anager and Associate ]686 5 12 50 _
Des n En sneers X319 4 0 21J1 L_
Tec nic an 76e6
retar 40 _,94
110 4.25
curve `j-- 14
i 467__
er Dav 30Q _ _2.}Q70
DIRECT LABOR TOTALI x"r«r r 44
b. INOIR ECT COSTS (Spe'lly Indirect coil poolr) RATE ■ BASE 'ESTIMATES S ' 1
Di► ct n bor _ _ _ _ yCOST
134.8 t
3Z93Z_
General and AA-Un
, F
81
INDIRECT COSTS TOTALI s T - jr r ;'1
f, OTHER DIRECT COSTS
a, TeIAVEL ESTlMA TED
I COST
_(I) TRANSPORTATION A y
(2) INCH DILAI
TRAVEL SUBTOTALI Fs T.S' S
I t
b. EOUIPMENTr MATERIALS, SUPPLIES (Sperll✓ ralr/arlee) OTY COST ESTIMATED
COST
ni t p s r ~ i
RPVrzdUcj_
S_E-IVOO'- ♦ "r rya
EQUIPMENT SUBTOTALI '-2 - -
C. SUBCONTRACTS EST IMATE0
COST
I 5 _
SUBCONTRACTS SUBTOTAti
f d. OTHER (Specify rare/arle A) ESTIMATED
COST
k;t
OTHER SUBTOTALr w r
_ 0.1 OTHER DIRECT COSTS TOTALI „ x, t r it is S
10. rOTAt ESTIMATED COST --w,_l.:.`c,+Vi+~,rL~ 346 PROFIT S~~
Ib TOTAL PRICE
EPA 1•rrA 5700.41 p•T`}
PAD[ I OF S
t; t rem arvm"d
OWN C,. rS6•R0111
PART 111 .PRICE SUMMARY
IS COttRETITOR'S CATALOG LISTINGS, IN-HOUSE EITIMATCS, PR10R QUOTES
(rnd.role b.sfa fur prlr• eompsf(lon) MARKET PROPOSED
rRICEISI PRIr.E
PART IV.CERTIFICATIONS 3
III. C O N 7 R~A C t O R
16s. HAS A►EDERAL AGENCY On A FEDERALLY CE R71FIE0 STAiE OA LOCAL AGENC YY PE RFORMEU ANY Pi-VIEW Or YOUR
~AyCCOUNTSOR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTPACT WITHIN THE PAST TWELVE MONTHS'
l^) V96 1 NO (If "Yes" put frame eddrest end telephone number of f►0 wine ofNce)
Defense Contracting Agency, Atlanta Region
Dallas Branch Office
500 S. Ervay, Room 503
Dallas, Texas 75001, Tel, 214-749.3475
14b THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
COSTS WILL BE ACCUMULATED,IN ACCORDANCE WITH 41 CFR 1-15.4
IAe. •
This proposal is submitted foe uae in ronnect on with and in response to (1)_
1'h:5 is to cestif the best of k
and belief that l cost and priuing data summarized hprein art.-
complete, current,oand ercuralemas of Hledpe
April 8, 1977 and that a financial management capability exists to fully and accu.
ratelyaccount forthe finan.lat transactions under this project. I further certify that I understand that the
Eabogreement price may be subject to downward renegotiation and/or recoupment where she above cost and
pricing data have been determined, or a result of audit, not to have been complete, current and iccurale as
of the date above.
(3)_
bATK OF ikECVT10N ~
6IGN ATUpK OF pAO POtLR
Vice President
IITLr or onoo-3s-t
a
11, GPANTEE REVIEWER
I certify that I have reviewed the cost/price summary set forth herein and the proposed COSTS!price appear
arceptable for :ubagteement award.
lI GIrA T1JhE OR pLVrE f'ER`-+
` lllL! OF PrVItM Fq_`
16, EPA REVIEWER (fl srrpNeable)
OAIC of rkECU110N_.__-
6.611A lUhK OF ntYIE WtN
Utl[ OF P 1VlEwEh
!PA ierrnSf00•ft f!•7N
PAGE 2 Or 1