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HomeMy WebLinkAbout2001-380ORDINANCE NO A601 3 Mo AN ORDWANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC FOR ADDITIONAL ENGINEERING SERVICES PERTAINING TO THE RESIDENT PROJECT REPRESENTATION SERVICES FOR THE CONSTRUCTION PERIOD, SPECIALTY INSPECTION SERVICES FOR THE ELECTRICAL, INSTRUMENTATION, AND HVAC EQUIPMENT FOR THE CONSTRUCTION PERIOD, PRODUCTION OF A COMPREHENSIVE OPERATION AND MAINTENANCE MANUAL FOR PLANT OPERATION, INCIDENT TO THE CONSTRUCTION, EXPANSION, AND COMPLETION OF THE PECAN CREEK WATER RECLAMATION PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to continue to engage the firm of Camp Dresser & McKee, Inc, a Corporation, of Dallas, Texas ("CD&M"), by this Second Amendment to the Professional Services Agreement to provide additional professional engineering services to the City pertaining to the resident project representation services for the construction period, specialty inspection services for the electrical, instrumentation, and HVAC equipment for the construction period, production of a comprehensive operation and maintenance manual for plant operation, incident to the construction, expansion, and completion of the Pecan Creek Water Reclamation Plant, and WHEREAS, the City staff has reported to the City Council previously and also at this time that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to 'be used for the purchase of the professional services, as set forth in the Second Amendment to the Professional Services Agreement, and desires to approve the "Second Amendment to the Professional Services Agreement" attached hereto, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Second Amendment to the Professional Services Agreement with Camp Dresser & McKee, Inc , a Corporation, of Dallas, Texas, for further professional engineering services pertaining to the resident project representation services, specialty inspection services for the electrical, instrumentation, and HVAC equipment for the construction period, and production of a comprehensive operation and maintenance manual for plant operation, incident to the construction, expansion, and expansion of the Pecan Creek Water Reclamation Plant, in substantially the form of the Second Amendment to the Professional Services Agreement, in the amount of not to exceed $399,658, attached hereto and incorporated herewith by reference SECTION 2 That the award of this Second Amendment to the Professional Services Agreement by the City is on the basis of the continued demonstrated competence, knowledge, and qualifications of CD&M and the ability of CD&M to continue to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Second Amendment to the Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the G4 /t4Z day of d64� .12001 &L� &rz— EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY „'nU S \Our Documents\0rdmances\01\Camp Dresser & McKee Second Amend PSA-Engr Svc Pecan Crk W W Plant Expan doc STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE RESIDENT PROJECT REPRESENTATION SERVICES, SPECIALTY INSPECTION SERVICES FOR THE ELECTRICAL, INSTRUMENTATION, AND HVAC EQUIPMENT FOR THE CONSTRUCTION PERIOD, AND PRODUCTION OF A COMPREHENSIVE OPERATION AND MAINTENANCE MANUAL FOR PLANT OPERATION INCIDENT TO THE CONSTRUCTION AND EXPANSION OF THE PECAN CREEK WATER RECLAMATION PLANT _THIS SECONDMENT TO AGREEMENT is made and entered into as of the �° = day of , . , 2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER') and Camp Dresser & McKee Inc, a Corporation, with its offices at One Glen Lakes, 8140 Walnut Hill Lane, Suite 1000, Dallas, Texas 75231 (hereafter "CONSULTANT"), the parties acting herem by and through their duly-authonzed representatives and officers WHEREAS, on the 26' day of September, 2000, the City Council enacted Ordinance No 2000-352, which approved the "Professional Services Agreement for Engineering Services Pertaung to the Final Design of, the Preparation of Engineering Plans, Specifications, and Related Bid Documents For, Together With Other Professional Engineering Services Incident to the Construction and Expansion of the Pecan Creek Water Reclamation Plant," entered into by and between the City of Denton, Texas and Camp Dresser & McKee, Inc (hereafter the "Agreement') providing for professional engineering services on the Expansion of the Pecan Creek Water Reclamation Plant Project (the "Projecn to a facility which has 21 million gallons per day ("MGD") average flow and 35 MGD peak flow capacity, and WHEREAS, the Project is proceeding in due course, and there are additional unprovements that were identified during the design process as being necessary to provide a comprehensive system and to enhance the overall quality of the Project, and it is the desire of OWNER and CONSULTANT to enter into a "First Amendment to Professional Services Agreement for Engineering Services Pertaining to Additional Improvements to Increase Operational Efficiency and to Add Hydraulic Capacity Incident to the Construction and Expansion of the Pecan Creek Water Reclamation Plant" (hereafter the "First Amendment") of even date herewith, to provide for additional engineering fees necessary for the completion of the additional improvements, and WHEREAS, the Project is further proceeding toward its completion, and it is necessary and appropriate for OWNER and CONSULTANT to enter into a further professional services agreement to provide for Resident Project Representation ("RPR") services for the estimated construction period of the Project, for specialty inspection services for the electrical, instrumentation, and HVAC equipment during the construction period of the Project, and to provide for CONSULTANT furnishing a comprehensive Operation & Maintenance Manual for plant operation Tlms agreement is hereby referred to as the "Second Amendment to Professional CNW WT6�MIu, Page 1 of 11 Services Agreement for Engineering Services Pertaining to the Resident Project Representation Services, Specialty Inspection Services for the Electrical, Instrumentation, and HVAC Equipment for the Construction Period, and Production of a Comprehensive Operation and Maintenance Manual for Plant Operation Incident to the Construction and Expansion of the Pecan Creek Water Reclamation Plant" (hereafter the "Second Amendment'), NOW THEREFORE, WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described Project The Project consists of Resident Project Representation ("RPR") services for the estimated construction period, for Specialty Inspection Services for the electrical, instrumentation, and the HVAC equipment for the construction period, and production of a comprehensive Operations and Maintenance Manual for plant operation by CONSULTANT, all for the expansion of the Pecan Creek Water Reclamation Plant to 21 MGD treatment capacity meeting Texas Natural Resources Conservation Commission requirements The CONSULTANT 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 under similar circumstances and the CONSULTANT shall, at no cost to OWNER "re -perform" services winch fail to satisfy the foregoing standard of performance ARTICLE lI SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the two (2) page document entitled "City of Denton — Pecan Creek WRP Improvements Program — Design and Construction Services — Special Services" schedule as Tasks SS-2 and SS-4 prepared by CONSULTANT (hereafter the "Scope of Services") for OWNER, winch two (2) page document is attached hereto as Attachment "A," and is incorporated herein by reference B To perform those professional services as set forth in the four (4) page document entitled "Duties, Responsibilities and Limitations of Authority of the Resident Project Representative" prepared by CONSULTANT for OWNER, winch four (4) page document is attached hereto as Attachment "B," and is incorporated herein by reference C If there is any conflict between the terms of this Second Amendment and the Attachments attached to this Second Amendment, the terms and conditions of this Second Amended Agreement shall control over the terms and conditions of the Attachments CMW WSTMWYMLMWd Page 2 of 11 ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT ARTICLE IV PERIOD OF SERVICE This Second Amendment shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Second Amendment may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Second Amendment CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably establishedby the OWNER, acting through its Assistant City Manager of Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Second Amendment for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herem, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows C\WMWWm98l.9"FU&Mbld Page 3 of 11 1 CONSULTANT shall perform its work on this Project in accordance with the provisions and the tasks more particularly set forth in Attachment "A" attached hereto and incorporated herewith by reference CONSULTANT shall be paid for services rendered pursuant to the Second Amendment on the basis set forth in the Cost Schedule also set forth in Attachment "A," attached hereto and incorporated by reference herewith CONSULTANT shall bill from time sheets, in mmunum'/< hour or smaller time increments, at the hourly rates provided for in the Cost Schedule OWNER agrees to pay to CONSULTANT for its professional services performed and expenses incurred pursuant to this Second Amendment, an additional amount not to exceed $399,658 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Second Amendment The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Second Amendment 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Second Amendment which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER. C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Second Amendment until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herem shall require the OWNER C\�WMEWCD&MWIE Page 4 of 11 to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Second Amendment, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or sub -consultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or fuimshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Second Amendment are instruments of service and shall become the property of the OWNER upon the termination of this Second Amendment The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Second Amendment in another project or for other purposes than specified herein any of the information or materials developed pursuant to this Second Amendment, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansmg from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not lrimted to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal itllury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Second Amendment Nothing in this Second Amendment shall be construed to create a liability to any person who is not a patty to this Second Amendment and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Second Amendment, including the defense of governmental immunity, which defenses are hereby expressly reserved 0.'MUOP'STBFff3AkMwlE Page 5 of 11 ARTICLE X INSURANCE During the performance of the Services under this Second Amendment, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above 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 mjury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Workers Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $2,000,000 annual aggregate E CONSULTANT shall furmsh insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, famishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Second Amendment by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Second Amendment involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Second Amendment, either party may terminate this Second Amendment by providing duty- (30) days advance written notice to the other party B Tlus Second Amendment may alternatively be terminated in whole or in part in the event of ckW WbYfBMT(9 wlM Page 6 of 11 either party substantially failing to fulfill its obligations under this Second Amendment No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Second Amendment is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactonly performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Second Amendment Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to thus Second Amendment to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE X1II RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Second Amendment, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and sub -consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Second Amendment shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein C\�WMT,aM„� w, Page 7 of 11 To CONSULTANT Camp Dresser & McKee Inc Attn Randy R Rogers, Vice President 8140 Walnut Hill Lane, Suite 1000 Dallas, Texas75231 Fax (214-987-2017) To OWNER City of Denton, Texas Michael A Conduff, City Manager 215 East McKinney Denton, Texas 76201 Fax (940)349-8596 All notices under this Second Amendment shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Second Amendment, consisting of eleven (11) pages and two (2) attachments (Attachments "A" and `S") constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Second Amendment ARTICLE XVI SEVERABILITY If any provision of this Second Amendment is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Second Amendment, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Second Amendment, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressmg�the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ckw ws�mkl, Page 8 of 11 ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Second Amendment Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or winch may anse during the term of this Second Amendment B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Second Amendment, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Second Amendment and shall not transfer any interest in tins Second Amendment (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of tins Second Amendment or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Second Amendment, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following attachment is attached to, incorporated within, and is made a part of this Second Amendment for all purposes pertinent Attachment "A"— Scope of Work (the schedules) Attachment `B" — Duties, Responsibilities and Limitations of Authority of the RPR B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under tins Second Amendment, have access to and the right to examme any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Second Amendment CAW WA�&MblJ Page 9 of 11 CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Second Amendment shall he exclusively in Denton County, Texas Tins Second Amendment shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Second Amendment, the parties agree that the key persons who will perform most of the work under this Second Amendment shall be Al Sun, P E , Vice President and Project Manager and Randy Rogers P E , Vice President of CONSULTANT This Second Amendment has been entered into with the understanding that the above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or more of the two (2) above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F The ,OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Second Amendment OWNER and i CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Second Amendment are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Second Amendment IN WTI'NESS WHEREOF, the City of Denton, Texas has executed this Second Amendment in four (a) original counterparts, by and through its duly -authorized City Manager, and CONSULTANT has executed this §,eCond Amendmen by and through its duly-authonzed undersigned officer on this the A day of . n QA � , 2001 mww wmmr,mmbll Page 10 of 11 99IFINam CITY OF DENTON, TEXAS ! rS ATTEST JENNIFER WALTERS, CITY SECRETARY 194 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ./�" Q — "CONSULTANT" CAMP DRESSER & MCKEE, INC By 411k��'e/� ATTEST By ' �l 4�nMr 11,-rso�.t�e Assistant SecretMy- gario J. Marcaccio S \Our DoeuntedtaTmftcffiWI\CD&M Inc PSA Pecan Crook Water Reclem Plant- Second Amend doe C\wamo MTMRM �=Mblft Page 11 of 11