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
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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.
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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).
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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,
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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
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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.
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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.
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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.
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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
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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.
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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.'~
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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.