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1995-108J:\WPDOCS\ORD\PLUMMER,ORD ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES REQUIRED RELATING TO THE PLANNING, DESIGN AND CONSTRUCTION OF A COMPOST FACILITY AT THE CITY'S PECAN CREEK WASTEWATER TREATMENT PLANT; PROVIDING OF THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Manager is hereby authorized to execute a contract between the City of Denton and Alan Plummer and Associ- ates, a copy of which is attached hereto and incorporated by reference herein, to provide professional services required relating to the planning, design and construction of a compost facility at the city's wastewater treatment plant° SECTION II. That the city expend Forty-one Thousand, Six Hundred, Fifty Dollars ($41,650) as provided in the contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~day of , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY MICHAEL A. BUCEK, ACTING CITY ATTORNEY ENGINEERING SERVICES AGREEMENT FOR COMPOSTING FACILITIES AT THE PECAN CREEK WASTEWATER TREAll4ENT PLANT STATE OF TE)LAS COUNTY OF DENTON REEMENT ts made and entered tnto as of the ~--~ day of ~x~AG_ , 1995, by and between the City of Denton, with its principal offi~,~ at 215 East McKinneyStreet, Denton, Denton County, Texas 76201, ("OWNER~) and Alan Plummet Associates, Inc., with its corporate office at 7524 Mosier View Court, Suite 200, Fort Worth, Tarrent County, Texas 76118, hereinafter called the ("ENGINEER'} acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows= ARTICLE I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the section to follow. The Project shall include design and limltedconstruction representation services for a sludge composting facility at the Pecan Creek Wastewater Treatment Plant (WWTP). The ENGINEER agrees to exercise the same degree of care, skill and diligence in the Page 1 of 20 457-0450 performance of these servtces as ts ordinarily p~ovtded by a p~ofesstonal consultant under similar circumstances and ENGINEER shall, at no cost to OWNER, '~eperform' services which fail to sattsfy the foregoing standard of performance. ARTICLE II PERIOD OF SERVICE Thts Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the construction of the Project, including Additional Services and any required extensions approved by the OWNER. ARTICLE III BASIC ENGINEERXNG SERVICES The ENGINEER shall render the following professional services for development of the PROJECT: Upon execution of this Agreement, the ENGINEER shall perform the following basic engineering services: A. Site Master Plan 1. Prepare site master plan, including planned and potential co~ostlng pads, compost pile storage, paper baling operations, wood chipping operations, site access and drainage, and storm water containment. 2. Determine size of facility required for a 2! MGD plant handling lO0~ of the sludge. 3. Evaluate impact of future regulations on the composting facility, including odor control. 4. Submit three (3) copies of the Site Master Plan, along with necessary layouts, to allow detailed design to begin. Page 2 of 20 457-0450 B. Detatled Destgn The scope of work for thts phase Is a general outltne of services to be provlded and is based on the understanding of the project at thts time. 1. Prepare detatled plans, specifications, contract documents, destgns, and layouts of Improvements to be constructed based on a previously authorized general stte master plan. (All topographic surveys to be furnished by the OWNER.) 2. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, sotl resistivity surveys, and other subsurface explorations; however, the maktng of such tnvestlgatlons and the Interpretations of data and reports by spectal consultants aro not a part of the servtces to be rendered by the ENGINEER, and the cost therefor shall be paid by the ONNER, The ENGINEER shall monitor and revtew the work of testing laboratories and Inspection bureaus required for the testing or Inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of such laboratory tests or Inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of detailed applications and supporting documents for government grants planning advances, or discharge permit renewals will be provided as Additional Services (if required). Page 3 of 20 457-0450 4. Submtt plans, spectftcatlons, and contract documents provtded by the ONNER to the applicable federal and state agency(s) for approval, where required. 5. Furntsh such Information necessary to utlllty companies whose facilities m~y be affected or services may be requtred for the P~oJect, 6. Prepare an optnlon of probable construction cost, and bidder's proposal fo~ms (project quantities) of the Improvements to be constructed. 7. Conduct Quality Control (QC) workshops utilizing senior staff me~ers with experience acceptable to the OWNER. QC workshops are to be held at approximately the g5 percent complete milestone of Detailed Design. 8. Furnish the OWNER three (3) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGXNEER will provide the OWNER three (3) sets of copies of "Final" plans. As directed by the OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGXNEER and shall be paid for by the OWNER at actual cost of reproduction. g. The facilities to be designed consist generally of: a. Two acres of impervious working surface for storage of compost piles and wood chipping operations. Page 4 of 20 457-0450 b. Approximately 40,000 SF covered area for sludge compostlng and paper bailtng. A p~e-engineered metal shed-type butldlng wtll be utilized. c. Stte drainage. d. Parking and access on the specific composting site (offsite roads and dratnage facilities a~e not Included). e. Extending potable water, plant water, and electrtclty to the stte. C. Ltmlted Construction Representation Answer and prepare responses to questions f~om the OWNER durtng advertisement of the project for btds. 2. Attend a pre-construction conference with the OWNER and Contractor. 3. Consult wtth and advtse the OWNER during construction concerning any questions the OWNER may have. 4. Review samples, catalog data, schedules, shop drawings, laboratory, shop and m111 tests of matertal and equipment and other data pursuant to the General Conditions of the Construction Contract. OWNER shall be responsible for revtew and approval of those shop drawtngs which ENGINEER and OWNER have detemined that O~NER may ~evtew. If OWNER chooses not to review a shop drawing, ENGINEER shall review and determine whether the shop drawtng shall be approved. OWNER shall handle admlnistrattve p~ocesslng of submittals. Page 5 of 20 457-0450 5. Interpret the tntent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the ~NER, for substitutions of equipment and/or materials or deviations f~om the plans and specifications wtll be considered an additional servtce. NOTE= Such studies conducted by the ENGINEER, If determined to be Inadequate, due to Incompleteness of ENGINEER prepared plans and specifications, wtll be redone wtthout additional compensation. Any defective destgns, plans or speclflcatlons furnished by the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the ONNER. 6. Conduct, In company with the OWNER's representative, a final tnspectfon of the Project for conformance with the design concept of the Project and general compliance wtth the contract documents, and revlew and cont~ent on the certificate of completion and the recommendation for ftnal payment to the Contractor(s). ARTICLE IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, If authorized by the ONNER, whtch are not Included tn the above described bastc servlces, are described as follows= A. Contract Document Reproduction. Reproductfon of contract documents for state approvals, advertisement of project for btds and for use by CONTRACTOR durtng construction. B. Resldent Construction Representation. Providing full-time on-slte field observation of the construction activities. C. Preparation of an updated Plant Facilities Operations Manual to address Page 6 of 20 457-0450 operation procedures for the composttng facilities to be added under this contract, As part of thts task, the large, wall-sized piping plan showing all buried ptptng known to be present at the plant stte can be updated if requested by OWNER. O. Regulatory Assistance. Durtng the course of the p~oJect, as requested by OWNER personnel, the ENGZNEER wtll be available to accompany OWNER personnel when meeting wtth the Texas Natural Resource Conversation Con~tsston, U.S. Envtrenmental Protection Agency, or other regulatory agencies. The ENGZNEER wtll asstst OWNER personnel on an as-needed basts In preparing compllance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. E. Construction Stte Vlslts. ]f the ENGINEER ts requested to vtslt the project stte durtng construction, the requested vtstts shall be considered as an Additional Service and the ENG[NEER shall be entitled to additional compensation. F. Evaluation of Contractor Substitutions. Performing Investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and spectflcattons. Thts shall Include evaluation of alternative equipment submitted wtth btds for the project. G. Field layouts or the furnishing of construction 11ne and grade surveys. H. Providing shop, mill, field or laboratory inspection of materials and equipment. I. Assisting the OWNER in claims disputes with Contractor(s). 3. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Page 7 of 20 457-0450 Agreement. Such services, tf any, shall be furnished by ENGINEER on a fee basls negotiated by the respective parties outside of and In addition to this Agreement. K. Sampling, testlng or analysis beyond that specifically tncluded tn Bastc Services. L. Investigations involving detatled consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studtes, appraisals, evaluations, assessment schedules, and mater~al audtts or ~nventor~es requtrod for certlficat~on of force account construction performed by the O~NER. Preparing copies of Computer Aided Drafting (C^O) electronic data bases, drawings, or files for the O~N£R's use In a future C^D system. N. Preparing appllcattons and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. O. Provldlng vldeo camera with video tapes of const~uction phase to be used as a historical ~eco~l and for operator train~ng. Appearing before ~egulatoryagencles or courts as an expert ~ttness ~n any 11ttgaUon ~lth thlrd parties or condemnation proceedings artsing from the development or construction of the Project, Including the preparation of engineering data and reports for assistance to the O~ER. ~. Providing geotechnlcal tnvesttgaUons for the site Including sot1 borings, related analyses and reco~endat~ons. R. AssisUng the O~NER during the adverUsement phase byd~stribuUng contract documents, preparing and ~ssu~ng any necessaryaddenda, ans~ering questions Page 8 of 20 457-O450 directly from prospective bidders. ~evtewtng. tabulating, and maktng recom,endations of award of a construction contract. S. Conforming the construction documents for execution by the OWNER and Contractor. T. Preparation of Construction Record Drawings. Revlstng the construction drewtngs tn accordance wtth the Information furnished by construction Contractor reflecting changes tn the Project made durtng construction, One set of reproducible prlnts of "Record Drewlngs" shall be provided by the ENGINEER to the OWNER. U. Any additional services requtred by the OWNER not tncluded in Bastc Services. ARTICLE V. RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to unreasonably delay the services of the ENGINEER: A. Designate in writing a person to act as the OWNER's representative with respect to the servlces to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define the OWNER's policies and decisions with respect to the ENGINEER's services for the Project. B. Shall consult with the ENGINEER regarding requirement for the Project, including (1} the OWNER's contemplated objectives and (2) schedule and design constraints and criteria. Page g of 20 457-0450 C. Asstst the ENGINEER by plactng at the ENGINEER's disposal all available Information pertinent to the Project Including previous tmports and any other data relatlve to deslgn or constnJctlon of the Project. D. Arrange for access to, and make all provisions for the ENGINEER to enter upon, publlc and private property as ~equlred for the ENGINEER to perform servtces under thts Agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain on the OWNER'S behalf advice of an attorney, Insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in wrlttng decisions pertalnlng thereto wtthln a reasonable tlme so ss not to unreasonably delay the services of the ENGINEER. F. Furnish approvals and permtts from all governmental authorities havlng Jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. The OWNER shall make or arrange to have made all subsurface investigations, including but not limtted to borings, test pits, sotl ~eststtvtt¥ surveys, and other subsurface explorations. The OWNER shall also make or arrange to have made the Interpretations of data and ~eports resulting from such investigations. All costs associated with such Investigations shall be paid by the OWNER. H. The OWNER shall make or arrange to have made all material testing and sampling required for the project. All costs associated with such testing and sampling shall be paid by the OWNER. I. Obtain as necessary for OWNER'S benefit, and at OWNER'S sole discretion such accounting, independent cost estimating and insurance counseling Page lO of 20 457-0450 servtces as may be required for the Project, such legal services as the OWNER may requtre wtth regard to legal issues pertaining to the Project, Including any that may be ratsed by the CONTRACTOR(s). J. Give prompt wrttten notice to the ENGXNEER whenever the OWNER observes or otherwise becomes aware of any development that affects the scope or ttmlng of the ENGXNEER's services, or any defect or nonconformance of the work of any contractor. K. Provide transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project meetings or inspection trips. L. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE VI COMPENSATION A. COMPENSATION TERHS: 1. 'Subcontract Expense' is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar servtces. 2. 'Direct Non-Labor Expense' is defined as that expense for any assignment Incurred by the ENGINEER for supplies, transportation and equipment, travel, con~unlcattons, subsistence and lodgtng away from home and simtlar incidentals In connection with that assignment. Page 11 of 20 457-0450 B. BASIC SERVZCES: For And in consideration of Site Haster Plan services of the Basic Servtces (Article,S/', Paragraph A) to be rendered by the ENGINEER, the OWNER Agrees to pay based on the Schedule of Charges shown in Exhibit A, with the total fee not-to-exceed $8,g50.00. For And In consideration of Detailed Design servtces of the Baslc~vlces (Arttcle~, Paragraph B) to be rendered by the ENGINEER, the OWNER agrees to pay based on the Schedule of Charges shown in Exhtbit A, with the total fee not-to-exceed $25,950. For and tn consideration of 11mlted Construction Representation Services of the Basic Servlces (Artlcle III, Paragraph C) to be rendered by the ENGINEER, the OWNER agrees to pay based on the Schedule of Charges shown In Exhtblt A, wtth the total fee not-to-exceed $6,750. Partial payments to the ENGINEER wtll be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may wlthhold the final 5 percent of the contract amount until completion of the project. Nothtng contained tn thts arttcle shall requtre the Ctty to pay for any work whtch ts unsatlsfactor¥ as reasonably determined by the Executive Director of Utllltles or whlch Is not submitted In compliance wtth the terms of this Contract. The Ctt¥ shall not be required to make any payments to the ENGINEER when the ENGINEER ts tn default under thls Contract. It is specifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would Page 12 of 20 457-0450 requtre additional pa3~ents by the OWNER for any charge, expense or reimbursement above the maximum fee as stated wtthout having first obtained written authorization from the OWNER. ENGINEER shall not proceed to perfom the servlces listed In Artlcle IV Additional Servlces, without obtaining prior wrttten authorization from OWNER. C. ADDZTZONAL SERVZCES For addttlonal servtces authorized tn wrlttng by the OWNER In Arttcle IV, the ENG[NEER shall be paid based on the Schedule of Charges shown tn Exhlbtt A. Payments for additional servtces shall be due and payable upon submission by the ENGINEER, Statements shall not be submitted more frequently than monthly. For updating the Plant Facilities Operations Manual as described in Article IV, Paragraph C, if authorized by the OWNER, the total amount shall not exceed $4,900. For providing three visits to the project site during construction (one per month) as described in Article IV, Paragraph E, if authorized by the OWNER, the total amount shall not exceed $1,200. For preparing Construction Record Drawings as described in Article IV, Paragraph T, if authorized by the OWNER, the total amount shall not exceed $2,500. D. PAYMENT If the OWNER fails to make payments due the ENGINEER for services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of 1 percent (1~) per month from said sixtieth (60th) day, and in addition, Page 13 of 20 457-0450 the ENGZNEER may, after gtvtng seven (7) days' written notice to the OWNER, suspend services under thts Agreement until the ENGINEER has been paid In full all amounts due for services, expenses and cha~ges. Any applicable new taxes imposed upon services, expenses, and cha~ges by any governmental body after the execution of thts contract will be added as necesseryto the ENGINEER's compensation. ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The ENGINEER will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONTRACTOR or any subcontractors. However, the CONTRACTOR will remain mn independent contractor of the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. The ENGINEER shall not be responslblefor the means, methods, techniques, sequences, or procedures of construction selected by the CONTRACTOR, or the safety precautions and programs incident to the work of the CONTRACTOR. ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instr~nents of service and ENGINEER shall retain an ownership and property interest herein. The OWNER may make and retain copies for information and reference~ however, such documents are not intended or represented to be suitable for reuse by the OWNER or others. Any reuse by the OWNER without written verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates or consultants, and the OWNER shall indemnify and hold harmless the ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Page 14 of 20 457-0450 ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER. ~RTICLE IX INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, Including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. ARTICLE X INSURANCE Durtng the performance of the Servtces under thts Agreement, ENGINEER shall matntatn the following insurance and shall name OWNER as an additional tnsu~ed on all such policies: A. Comprehensive General Liability Insurance wtth bodily Injury 11mits of not less than $500,000 for each occurrence and not less than $500,000 In the aggregate, and with p~operty damage 11mits of not less than $100,000 for each occurrence and not less than $100,000 In the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. Page 15 of 20 457-0450 C. Worker's Compensation Insurance tn accordance wtth statutory requirements and Employers' Liability Insurance with ltmtts of not less than $100,000 for each accident. O. Professional Liability Insurance with 11mtts of not less than $1,000,000 annual aggregate. E. The ENGINEER shall furnlsh tnsurence certificates to evidence such coverages. The certificates shall contatn a prevision that such Insurance shall not be canceled without 30 days prlor written notlce to OWNER. ARTICLE XI ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without the other's approval. ARTICLE III TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice. In the event of any termination, the ENGINEER will be paid for all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing infomation. Page 16 of 20 457-0450 ARTICLE XIXI SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under of interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation maybe restrictedbylaw. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages I to 20 with Exhibits as listed in Article XVI, constitutes the entire Agreement between the OWNER and the ENGINEER and supersedes all prior written or oral understandings. This Agreement ma), only be amended, supplemented, modified or canceled by a duly executed written instrument. Page 17 of 20 457-0450 ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other works nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the ENGINEER, its employees subcontractors, agents, and consultants. ARTICLE XV NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise notified in writing by the other party at the following addresses. Mailed notices shall be deemed communicated as of three days mailing. If intended for the OWNER, to: If intended for the ENGINEER, to: City of Denton Alan Plummet Associates, Inc. Attn: Robert E. Nelson, P.E. Attn: A. Lee Head, III, P.E. Executive Director for Utilities 7524 Mosier View Court, Suite 200 215 East McKinney Street Fort Worth, Texas 76118 Denton, Texas 76201 ARTICLE XVI A. The following exhibits are attached to an made a part of this Agreement: EXHIBIT A - Schedule of Charges Page 18 of 20 457-0450 B. A watver by either the ENGXNEER or the City of any breach of a provision of thts contract shall not be binding upon the waiving party unless such waiver is tn writing in the event of a wrttten waiver, such a watver shall not affect the walvtng party's rtghts wlth respect to any other or future breach. C. Upon termination of this Agreement, ENGINEER shall provide OWNER with reproducible copies of all completed or partially completed engineering documents prepared under this AGRE~ENT. D. ENGINEER agrees that OWNER shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the ENGINEER tnvolvlng transactions relating to this Agreement. ENGINEER agrees that OWNER shall have access during nomal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. OWNER shall give ENGINEER reasonable advance notice of intended audits. E. Venue of any suit or cause of action under thts Agreement shall lie tn Denton County, Texas. Page 19 of 20 457-0450 This contract is executed in four counterparts. CITY OF DENTON, TEXAS Bob Castle ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: City Attorney ALAN PLUMMER ASSOCIATES, INC. Engineer A. Lee Head, III, P.E., Principal ATTEST: David A. Gudal, P.E.'~ Page 20 of 20 457-0450 EXHIBIT A ALAN PLUFt4ER ASSOCIATES, INC. SCHEDULE OF CHARGES 1995 Range of Category Billing Rate/Hour Word Processing 25,00 - 40.00 Technical Writer 45.00 - 54.00 Drafter/Technician 25.00 - 52.00 Designer 50.00 - 60.00 Staff Engineer 38.00 - 50.00 Project Engineer/Scientist 50.00 - 85.00 Project Manager 75.00 - 112.00 Principal 90.00 - 130.00 Billable rates are based on direct payroll cost times a multiplier of 3.0. Range of billable rates adjusted annually. A multiplier of 1.10 will be applied to all subcontract expenses. A multiplier of 1.0 will be applied to all other direct non-labor expenses. [n-house computer (Including CAD and desktop PC work stations) ts billed at $15 per hour of CPU time. Expert witness time is billed at $1,300 per day.