1994-035E:\~PDOCS\ORD\BAKER
O DINANO . qq-O
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RELATING TO
PROFESSIONAL ENGINEERING SERVICES FOR SOIL TESTING AND BORING
SERVICES FOR THE DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the Mayor is authorized to execute an
agreement between the city of Denton and Baker-Shiflett/Emcon, Inc.
relating to professional engineering services for soil testing and
boring services for the Denton landfill under the terms and
conditions contained within said agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That the city Council hereby authorizes the
expenditure of funds not to exceed One Hundred Ten Thousand Five
Hundred Thirty-seven Dollars ($110,537.00) for the services
required pursuant to the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the /~ day of ~ 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
A~RB~MB~I~' BBTWffBMTHH C~TY OF DBMTOM~ Tll~ --
THIS AG~ ~s nade and entered bF and between ~he C~t~ of
~nton, Texas, a ~icipal co~oration situated tn ~nton County,
Texas, hereinafter called the "City", acting herein by and through
Lloyd Harrell, ~t. duly au~orized C~ty Manager, and Baker-
Shiflett/~CON, Inc., an independent contractor, not~ng herein by
and ~rough M~chael M. Shiflett, its duly authorize~ President,
hereinafter called ~o "Engineer".
WI TNES SETH
That for and In consideration of the mutual covenants and
agre~ents here~n contn~ned, the pa~es hereto do her~y covenant
and agree as follows~
~e City hereby contracts wi~h Engineer am an independent
contractor, and ~he Engineer hereby agrees to perfex, within
professional standards no.ally accepted Xn th~ State of Texas,
professional se~ices associated with individual assignm~nts as
agreed in writing in co.action with the following general scope of
work:
Soil drilling and ~eeting and preparation of a geotechn~cal
data report am set fo~h ~n Attachment "A", attached to th~s
dec.eriC. 8EOTXON XX - ~CTBR ~ EXTE~ OF EMgI~R~B 8BRVXCB8
Engineer shall:
(1) Drill and sample 31 borings to further evaluate the
geolo~ a~d hydrolgeology on the proposed 164 acre la~df~ll
e~ansion
FEB-2S-'9~ FRI 10:~6 ID: ITY OF DENTON UA TEL N0:817-566-8!20 ~790 P02
(2) perform laboratory tasting on samples collected
during the drilling phase and install piezomaters to monitor
groundwater conditions.
(3) Provide experienced engineering end geological
personnel to conduct and manage the drilling, sampling,
logging, piezometer, installation, and laboratory testing.
(4) provide documentation of ell work including boring
logs, laboratory test results, water levels, and piezometar
details.
Engineer shall also provide services enumerated in pages one,
two, and three of Attachment "A".
City will provide & call in with a follow-up written request
to tha Engineer for a detailed scope of services and anticipated
costs associated with each assignment.
Engineer agrees to commit the personnel to each assignment ae
necessary in order to complete the assignment in an expeditious
manner.
The Engineer shall advise City as to the necessity of City's
providing or obtaining from others special services and data
required in connection with the ScOpe of Services at city's cost
and expense, a~d may act as City's representative in connection
with any such services of others.
It is understood that this Agreement contemplates the full and
complete engineering serViCes including any and all changes
necessary to complete the Assignment as outlined in the Scope cf
Services. Nothing contained herein shall be construed as authoriz-
ing additional fees for services.
PAGE 2
FEB-25-'94 FRI i0:37 ID: ITY OF DENTON UA TEL H0:817-566-8120 ~750 P03
The Engineer acknowledges by the execution of this Agreement
that ali ~ontingenoies known to the Engineer and City at the date
of this Agreement as may be deemed necessary and proper to complete
the Assignment have been included in the maximum fee estimate.
Engineer agrees that engineering services will be managed and
performed in their Fort Worth Office.
BI~*~'~ZON z'r! - ~PE~I]%~. SERVICES OP ENGINEER:
If authorized in writing by City, Engineer shall furnish or
obtain from others Special Services necessary to complete the
assignments. These services are not included as part of Basic
Services me outlined in SECTION II CHARACTER AND EXTENT OF
ENGINEER'S SERVICES. These Special Services will be paid for by
City as indicated in Section V.
SECTION ZV - ~ZTY RBBPONBZBZLZTZES
Provide all criteria and full information as to City's
requirements and designate a person with authority to act on City's
behalf and all matters concerning the Assignment.
Assist Engineer in obtaining existing studies, reports and
other available data and services of others pertinent to the
Assignment and in obtaining additional reports and data as
required.
Upon reasonable notice, arrange for access to and make all
provisions for Engineer to enter upon public and private property
as may be required for Engineer to perform services hereunder.
Designate in writing a qualified person who will act as city's
representative with respect to the Assignment for the purposes of
transmitting instructions, receiving information, interpreting and
PAGE 3
FEB-25-'94 FRI 1B:3B ID: ITY OF DENTON UA TEL NO:Bt?-SG6-BI20 ~790 P¢4
defining City's policies and decisions with respect to Engineer's
Bervice8.
Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reasonable
time.
Examine all studies, reports, sketches, drawings, specifica-
tions, proposals and other documents presented by Engineer, obtain
advice of an attorney, insurance counselor and other consultants as
it deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to
delay the services of Engineer.
Provide such legal, accounting, insurance and other counseling
services to City as may be required for the Assignment.
Bear mll costs incident to compliance with this Section.
The total compensation for all of the Assignments to be
performed by Engineer as described in Section II - CHARACTER AND
EXTENT OF ENGINEER'S SERVICES hereof shall not exceed $110,537.00.
Engineer shall be compensated on the basis of the hourly rates
set forth in Attachment 'A" which is made a part of this Agreement:
The City and the Engineer shall agree on the Scope and
Compensation for the performance of Special Services prior to the
commencement of such Special Services. For Special Services
performed under Section III 2he Engineer will be compensaCed at the
same rates and methods as outlined in th~s Section V.
9BOTION V~ - H~THOD OF PAYmeNT
The Engineer shall be paid monthly on the basis of statements
PAGE 4
FEB-25-'94 FRI 10:58 ID: ITY OF DENTON UA TEL NO:Ol?ZSG6-Si20 ~790 P05
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the tez~s of thisAgrsement by an officer of the Engineer. Payment
according to statements will be subject to certification by the
Executive Director of Utilities or his duly authorized representa-
tives that such work has been properly performed.
The above charges are on the basis of prompt payment of bills
rendered and continuous progress of the work on the Assignment
until completion. If City fails to make any agreed to payment due
to Engineer for services properly performed within sixty days after
receipt of Engineer's statement thereof, the amount due Engineer
shall include a charge at the rate of 1.0 percent per month from
said sixtieth day, and in addition Engineer may, after giving seven
days written notice to City, suspend services under this Agreement
until Engineer has been paid in full all amounts due for services
properly performed.
Mail monthly invoices to:
The City of Denton
Attn: G. Cosgrove, P.E., Engineering Administrator
901-A Texas Street
Denton, Tx 76201
Telephone Number (817) 566-8453
SECTION VI! - T~ SCHEDULE OF ENGINEERING SERVICES
The Engineer shall initiate work prescribed hereunder
immediately upon the execution of this Agreement and upon issuance
by City of a Notice to Proceed. Engineer shall perform the
services provided herein in ninety (90) calendar days. Any request
for special services shall be submitted in sufficient time to allow
for completion of services within 18o days.
PAGE 5
FEB-25-'9~ FRI 1~:59 ID: ITY OF DENTON Ua TEL NO:81?£566-B120 ~790 P06
The City may terminate this Agreement at any time and for any
cause by notice in writing to the Engineer. Upon Receipt of such
notice, the Engineer shall immediately discontinue all services and
work and the placing of all orders or the entering into Contracts
for supplies, assistance, facilities and materials in connection
with the performance of the Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to
this Agreement.
If the City terminates this Agreement under the foregoing
paragraph, the City shall pay the ~ngineer for services properly
performed in accordance herewith prior to such termination, less
such payments having been previously made. Such payments shall be
based upon the work completed up to the date of termination of the
Agreement in accordance with the method of compensation prescribed
in Sections V and VI hereof. Engineer shall also be compensated
for all termination related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
Upon terl~ination of this Agreement, the Engineer shall provide
the City reproducible copies of all completed or partially
completed engineering documents prepared under this Agreement.
Engineer shall maintain statutory worker's compensation
insurance coverage, employersJ liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
PAGE 6
FEB-25-~94 FRI 10:40 ID: ITY OF DENTON UA TEL ND:8172560-8120 ~?~0
LIMITS OF LIABILITY
A. Workerts Compensation Statutory
EmployerSs Liability $1,000,000
B. Commercial General Liability
(including Contractual Liability):
Bodily Injury ) $1,000,000 combined
) single limits for each
Property Damage) occurrence or aggregate
C. Comprehensive, Automobile
Liabili~y (Owned, Hired, and
Non-owned Vehioles)~
Bodily Injury ) $1,000,000 combined
) single limits for each
Property Damage) occurrence or aggregate
D. Professional Liability $1,000,000 annual aggregate
Engineer shall furnish City insurance certificates to evidence
such coverages. The certificates shall contain a provi~ion that
such insurance shall not be canceled, without ~0 days prior writte~
notice to C~ty.
SECTION E - ZNDBMNZFZCaTION
Except for the events addressed in SECTION XIII hereof,
Engineer shall and does hereby agree to indemnify and hold harmless
the City from any and all damages, loss, cost, or liabii~ty of any
kind what~oeYer, including attorneys' fe~s, to the extent arising
out of the negligent act or omission of the Engineer and Engineer
shall, at its cost end expense, defend and protect the City against
any and all such claims and demands. City agrees to li~it any
PAGE 7
FEB-2~-'D~ FRI 10:~1 ID: ITY OF DENT~N U~ TEL NO:81725G6-B120 ~?~0
liability of Engineer, its officers, shareholders, and employees to
the lesser of actual damages incurred by the City or the sum of
Five Million Dollars ($5,000,000.00).
SECTION ZZ - NO THXRD PARTY
There are no third party beneficiaries of this agreement
between City and Engineer and no third party shall be entitled to
rely upon any work performed or reports prepared by Engineer
hereunder for the purpose whatsoever.
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineeres sole aisoretion, will dispose (subject to the following)
of any remai~ing residue i~edia~ely upon completion of tests:
1. Engineer will maintain prese~able test samples and specimens
or the residue therefrom for 30 ~ay~ after submission of
Engineerts repot= free of storage charges. After the initial
30 days and ~on written re.est, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated perl~ of time. City agree~ that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. Im the event that sa~ple~ contain ~ub~tances or constituents
hazardous or detrimental to health, safety, or the environment
as define~ by federal, state or local statutes, regulations or
or, la.noes, Engineer will, after compl~tion of testing and at
City's expense: (i) return such samples to City, or
using a manifest signed by City as ~enerator, will have such
PAGE 8
FEB-2S-'94 FRI 10:41 ID: ITY OF DENTON UA TEL NO:81?£566-BI20 ~790 P09
samples transported to a location selected by City as genera-
tor and will have such samples disposed of in accordance with
City's direction.
city agrees to pay all costs associated with the storage,
transport, and disposal of hazardous samples. City recognizes and
agrees that Engineer is acting as a bailee and at no time does
Engineer assume title to said waste.
All laboratory and field equipment contaminated in performing
these engineering services which cannot be reasonably decontaminat-
ed, in the sole opinion of the City, shall become the property and
responsibility of City. Ail such equipment shall be delivered to
City or disposed of in a manner similar to that indicated in the
previous paragraph. City agrees to pay fair market value of any
such equipment which, in the City's sole opinion, cannot be
reasonably decontaminated.
SECTXON XIXX - XNDEMNXTY PBRTAXNXNG TO HAZARDOUS MATERIALS
City acknowledges Engineer will perform part of the work at
city's facilities that may contain hazardous materials, including
petroleum products, or conditions, and the Engineer had no prior
role in the generation, treatment, storage, or disposition of such
materials. Engineer shall have no responsibility for the discov-
ery, presence, handling, or disposal of or exposure of persons to
hazardous materials in any form at the Project Site, provided
however, Engineer shall have the respc~sibility to and shall report
to the City the location of any hazardous materials that an
engineer of nimilar skill and expertise should have noticed.
In connection with hazardous waste, including petroleum pro-
PAGE 9
FEB-25-'94 FRI 10:42 ID: ITY OF DENTON UA TEL N0:817£566-8120 ~790 P10
ducts, City agrees to defend, hold harmless and indemnify Engineer
from and against any and all claims and liabilities resultlng from:
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous
substances or constituents; or
(b) City's handling, removal, treatment, storage, transporta-
tion or disposal of hazardous substances or constituents found or
identified at the site;
Absent any intentional wrongful acts or negligence, in no
event shall Engineer be considered the owner or operator under the
Resource Conservation and Recovery Act of 1976, as amended, or any
other similar federal, state law.
Engineer agrees that the City 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 involving transac-
tions relating to this Agreement. Engineer agrees that the City
shall have access during normal working hours to all necessary
Engineer facilities and shall be provided adequate and appropriate
work sDace in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer reason-
able advance notice of intended audits.
8BC~ON ~ - BU~OBBBO~.B ~NDABSZGNS:
The City and the Engineer each bind themselves, their
successors and assigns, to the other party to this Agreement and to
the successors and assigns of each other party in respect to all
PAGE 10
FEB-25-'94 FRI 10:43 ID: ITY OF DENTON UA TEL N0:0171566-8120
covsnants of this Agreement.
Neither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party,
and any attempted assignment, sublease or transfer of all or any
part hereof without such prior written consent shall be void.
B~CTZON X~XX - XNDHPBN~BNT CONTP. ACTORI
~ngineer shall perfo~ all work and se~ices hereunder as an
1ndependen~ con~ractorf and not as an officer, agent, secant or
employee of the City. E~g1~eer shall have exclu~ive control of,
and the exclusive right to control the details of the work
perfo~ed hereunder, and all person~ perfo~ing same, and shall be
solely respon~ible for the acts and omissions of its officers,
agents and employees. Nothing herein shall be con~t~ed a~
creating a pa=tnership or joint venture between the City and the
Engineer, ~ts officers, agents and employees, and doctrine of
respondent superior ham no appl~cation as between the Clty and the
Engineer.
Venue of any suit or cause of action under this Agreement
shall lie ~n ~nton County, Texas.
XN TBBTXMO~ ~OF; the parties have executed the Agreement, this
/~ da~ of ~ 1994.
Th~ Agreement ~s executed in four (4) counter~art~.
CITY OF DENTON, TE~S
FEB-252~94 FRI i0:44 ID: ITY OF DENTON UA TEL N0:817-560-8120 ~790
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Debra A. Drayovitoh, City Attorney
Bak~r-$hl fl~tt/~.MCO~
ATTEST:
PAGE 12
ATTACHMENT A
1. SCOPE OF BASIC SERVICES
EMCON Bakcr-Shiflctt, Inc., (EBS) proposes thc following Basic Services:
Field Exploretion
· Drill 31 borings to depths of 30 to 150 feet (total of 2,130 feet) at thc locations
and to the depths indicated on the proposed boring location map from HDR
dated December 1993
· Obtain relatively undisturbed Shelby tube samples and standard penetration test
samples as appropriate for the soils encountered
· Obtain NX size core samples
· Observe for groundwater seepage during drilling and record level
· Install temporary standpipe piezometers for water-level measurements at nine
locations (total of 475 feet) as per the HDR typical piezometer detail (Figure 2)
· Grout boreholes
· Bail piezometers
· Drill and core using water as the drilling fluid
· Extrude Shelby tube samples in the field
Note: See Unit Cost Estimate Sheets, Exhibit 2.
· EMCON - I
Rev. 1, 02/01/94
FW/ll0/DENTON-P.I 11-94/kjh:4
CiTY OF DENTON
Laboratory Testing
Selected laboratory testing will be conducted on samples that are considered to be
reasonably representative of the materials obtained from the field exploration. The tests
will help evaluate and classify the soils, help identify subsurface site characteristics, and
provide data for analysis. The tests include
· Atterberg limits (liquid and plastic limits, 62 tests maximum)
· Percent passing no. 200 sieve (62 tests maximum)
· Unit dry weight and moisture content (46 tests maximum)
· Moisture content (90 tests maximum)
· Unconfined compressive strength on soil (31 tests maximum)
· Unconfined compressive strength on NX core (!5 tests maximum)
· Sieve analysis through No. 200 (10 tests maximum)
· Hydrometer (3 tests maximum)
· Specific gravity (3 tests maximum)
· Standard Prector (4 tests maximum)
· Hydraulic conductivity (4 tests maximum)
· Baekpressure saturation (4 tests maximum)
· Remolding sample (4 tests maximum)
Note: See Unit Cost Estimate Sheet, Exhibit 3.
EMCON- 2
RoY. I, 02/01/94
FW/'ZI0/DENTON-P. I l 1-94/kjh:4
CiTY OF DENTON
Data Report
NBS will provide a dam report that includes
· A log of each boring indicating thc boring number, depth of each strata, soil
classification and description, core recovery and RQD, and groundwater
information
· Description of the field exploration and laboratory testing
· Summary of laboratory test results
· Detail~ of the piezometer installation
· Four copies of the boring logs, piezometer logs, and laboratory tests (or data
can be supplied on computer disk)
2. INFORMATION/SERVICES PROVIDED BY CITY
We understand the city will
· Designate in writing a person to act as city's representative, with respect to thc
services rendered in this proposal
· Locate, identify, and stake subsurface utilities or other structures or items which
might bo damaged during the field exploration program
· Obtain rights of entry, permits, easements, permission from landowners or other
access permission, or authorization required to perform the services described
in this proposal
· Survey locations of boreholes and provide the information to EBS
· Provide bulldozer and operator, or other equipment required to achieve access
to boring locations
EMCON - 3
FW/'2 IO/DEHTON-P. 111-94~j*h:4
CiTY OF DENTON
3. SPECIAL SERVICES
Thc following services are not included in the Basic Services and will be considered as
Special Services, if and when required or requested:
· Meetings with the city, HDR, Texas Natural Resource Conservation
Commission (TNRCC)
· Additional copies of the report; additional submittals of draft reports other than
those described in Basic Services; revisions to the report after final submission
to city; revisions to the report required as a result of changed regulations or
design
· The services of specialty subconsultants or other special outside services other
than those described in Basic Services
· Additional or increased insurance coverages (if available) other than those
described in the "General Terms and Conditions" to this proposal
* Any costs, including equipment replacement where applicable, associated with
decontamination of personnel or equipment as a result of encountering hazardous
or toxic materials at the site
· Slug testing and data reduction
· Slope stability analysis
· Strength testing for slope analysis (triaxial and/or direct shear)
· Coordination with regulatory agencies
· Sales or use taxes imposed and due on the professional services described in the
Scope of Services after the date of this proposal
· Any other services not specifically included in Basic Services
· EMCON - 4
R~v. 1, 02/01/94
FW/210/DEHTON'P.I I 1-94/kjh:4
CITY OF DENTON
4. ANTICIPATED SCHEDULE
The field exploration will begin within approximately 1 week from thc time authorization
is received. The field work will require approximately 6 weeks, depending on weather
conditions and site accessibility. The laborawry testing should be completed within
2 to 3 weeks after completion of thc field exploration. The boring logs and lab results
should be completed within 2 to 3 weeks after completion of the laboratory testing.
5. PROJECT TEAM
EBS will provide an experienced Project Team to conduct thc field logging, laboratory
testing, coordination, and to prepare to data report. See Exhibit I for projected hours.
The proposed Project Team includes the following:
l~eM Personnel. One of the following experienced engineers or geologists will provide
field support during drilling ~and logging:
DiAnn Mathis
Mike Brown
David Harwood
David Clark
Laboratory Testing Personnel. Testing will be conducted by one or more of the
following:
Mark Lankford, Laboratory Manager, NICET Certified
Barbara Northington
Don Chandler
Roy Grant
Office Personnel. Preparation of the data report will bo conducted by one or more of
the following:
Wm. Ray Campbell, Ir., P.E.
Thomas D. Baker, P.E.
Donald D. James, C.P.G.
David Clark, E.I.T.
EMCON- 5
Rev. 1, 02/01/94
FW/'210/DENTON-P.I 11-94/kjh:4
CiTY OF DENTON
6. PAYMENTS TO ENGINEER
Payment Terms Defined
Direct Labor Costs. Direct ~a~or Cost shall mean salary and wages of all personnel
engaged directly on the Project, at the time services are performed, including but not
limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification
writers, steno, clerical, accounting, and other technical and business personnel, but does
not include indirect payroll-related costs or fringe benefits.
Payroll Cost. Payroll Costs shall mean the salary and wages of all personnel engaged
directly on the Project at the time services are preformed, including but not limited to
engineers, architects, scientists, surveyors, designers, draftsmen, specification writers,
estimators, steno, clerical, accounting, and other technical and business personnel, plus
the cost of customary and statutory benefits including but not limited to social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health
and retirement benefits, sick leave, vacation, holiday pay, and other group employee
benefits. For the purposes of this Agreement, the Payroll Cost is equal to Direct ! ahor
Costs, multiplied by a factor of 1.35.
Per D/em. Per Diem shall mean an hourly rate equal to Direct Labor Cost times an
Overhead Multiplier of one and eight tenths (1.8) plus Payroll Cost to be paid to
Engineer as total compensation of each hour an employee of Engineer works on the
Project. Reimbursable Expenses will be paid in addition to Engineer's Per Diem
compensation.
Overhead Multiplier. Overhead Multiplier shall mean a factor by which the Direct
Labor Cost is multiplied to compensate for general and administrative overhead. When
the basis of compensation is Per Diem, the Overhead Multiplier includes profit.
Reimbursable Expenses. Reimbursable Expenses shall mean the actual expenses
incurred directly or indirectly in connection with the Project, including but not limited
to subconsoltant or subcontractor costs times a multiplier of one and one tenth (1.1),
transportation and subsistence incidental thereto, toll telephone calls, express mail and
telegrams, courier services, reproduction of reports, drawings, specifications, bidding
documents, and similar project-related items in addition to those required under
Section 1, and if authorized in advance by the Owner, overtime work requiring higher-
than-regular rates. In addition, other highly specialized equipment, including an
appropriate charge for previously established programs and expenses of photographic
production techniques.
,, EMCON - 6
Roy, I, 09.~1/94
i~V/210/DENTON-P. I 11-94/kjh:4
CiTY OF DENTON
Drilling and laboratory Tests. Drilling work and laboratory tests will be charged at thc
unit rates provided on the unit and estimate sheets provided herein (Exhibits 2 and 3.)
The anticipated cost for Basic Services is presented on Exhibit Sheet 1, attached. A total
of $110,537 is projected.
7. OTHER PROVISIONS CONCERNING PAYMENTS
If Owner fails to make any payment duc Engineer for services and expenses within
45 days after receipt of Engineer's statement, thc amounts due Engineer will be increased
at the rate of 1 percent per month from date of invoice, and in addition, Engineer may,
after giving 7 days written notice to Owner, suspead services under this Agreement until
Engineer has been paid in full all amounts due for services, expenses, and charges.
If the Project is suspended or abandoned in whole or in part for more than 30 days,
Engineer shall be compensated for all services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together with Reimbursable
Expenses then due. If the Project is resumed after being suspended for more than
30 days, Engineer's compensation shall be equitably adjusted.
Services performed by Engineer at request of Owner during periods when the Project is
suspended shall be considered Special Services.
The Owner's approval, acceptance, use of, or payment for all of any part of the
Engineer's services hereunder or of the Project itself shall m no way alter the Engtneers
obligation or the Owner's rights hereunder.
Owner may temporarily delete any disputed items contained in Engineer's invoice,
including items disputed due to lack of supporting documentation, and pay the remaining
amount of the invoice. Owner shall promptly notify Engineer of the dispute and request
clarification and/or remedial action. After any dispute has been settled, Engineer shall
include the disputed item on a subsequent regularly scheduled invoice or on a special
invoice for the disputed item only.
In the event of termination of this Agreement by either Owner or Engineer, as provided
in Section VIII, Engineer shall be entitled to payment for services up to thc time of
termination, plus termination expenses. Termination expenses shall include labor,
reimbursable expenses directly attributed to termination, direct expenses associated with
mobilization and demobilization of Engineer's personnel and facilities, and any other
costs incurred by Engineer not otherwise reimbursed.
, EMCON - 7
Rev. I, 02~01/94
FW/210fDENTON-P. 111.94/kjh:4
CiTY OF DENTON
The amount of any sales tax, excise tax, value-added tax (VAT), or gross-receipts tax
that may be imposed on this Agreement shall be added to the Engineer's compensation
as reimbursable expenses.
Engineer will keep and will cause each subcontract design professional and consultant
engaged under this contract to keep accurate books of record and account, in accordance
with sound accounting principles, of all expenditures made, and all costs, liabilities and
obligations incurred under this contract in relation to the engagement and payment of all
subcontract design professionals and consultants, and in relation to any services
performed for which additional compensation will be claimed. Those mentioned accounts
shall be available, upon reasonable and authorized request, to the comptroller of the
Owner or their representatives for examination and audit.
Records of Engineer's Payroll Costs and Reimbursable Expenses pertinent to Engineer's
compensation for Special Services under this Agreement will be kept in accordance with
generally accepted accounting principles. Upon request, copies will be made available
to Owner prior to final payment for Engineer's services.
Whenever a factor is applied to Direct Labor Costs for determining compensation payable
to Engineer, that factor will be adjusted periodically and equitably to reflect changes in
the various elements that comprise such factor. All such adjustments will be in
accordance with generally acceptable accounting principles as applied on a consistent
basis by Engineer and consistent with Engineer's overall compensation practices and
procedures.
EMCON - 8
R~v. 1, 02~1/94
FW/210/DENTObI-P. $ I 1-94/kjh :4
mcan Baker-Shiflett, Inc,
S701 East Loop 820 South · Fort Wortt"l. Texas 76119-7051 · (817) 478-8254 * Metro (817) S72-3411 · Fox (817) 478-8874
Efl'~ive Jmuiry 1, 1~
SUPPLEMENTAL SCHEDULE OF CHARGES
LABORATORY
Strength and Volume Chenge Tests
Unconfined compression -
Undisturbed Shelby Tube Specimen ......................... $ 25.00/each
30.00/each
~ Core Specimen ................................... 85,00/each
Absorption Pressure Swell tests ..............................
195.00/each
Consolidation ,tests ......................................
Tfiaxial - 1.4-tach and 2,0-inch diameter specimens
(larger diameter specimens quoted upon request)
Unconsolidated Undrained:
Multiple specimen - 3 specimens minimum ................... 65.00/spec.
Single specimen - 3 points minimum ....................... 50.00/point
Consolidated Undrained - with pore pressure
measurements:
Multiple specimen - 3 specimens minimum ................... 285.00/spec.
Single specimen - 3 points minimum ....................... 250.00/point
Consolidated Drained:
Multiple specimen - 3 specimens minimum ................... 410.00/spec.
Single specimen - 3 points minimum ....................... 300.00/point
Direct Shear - 2 5-inch diameter specimen
· 125 00/point
points minimum
Q-Test- 3 ...............................
S-Test - 3 points minimum ............................... 185.00/point
35.00/each
Remolding samples .....................................
Physlcel/Engineering Properties
Moisture content and visual classification ........... $ 10.00/eanh
Atletborg limits tests .................. 40.00/each
15.00/each
Unit drY weight and moisture content tests ..... 25 O0/each
Minus 200 mesh sieve tests .... .. ....: .... 75'O0/each
Hydrometer analysis (excludes specific gravity) ' ' lO'O0/each
Bar linear shti~lmge ................. · · '
Sieve Analysis through 200 mesh sieve ........ 45.00/each
pH lime senes (4 points minimum) ....... 200.00/ench
45.00/each
Specific gravity .................. · ·
75.00/e~ch
Soil box resistivity .......................
FW/I$1/cHOLAB-F.224-93/kjh:3 ! of 3 L.b~o~
Concrete
Concrete mix design (includes trial batch, unit weight, air
content, slump, and making cylinders for one water-
cement ratio) ....................................... $ 200.O0/each
Concrete mix design review (for one water-cement ratio) .............. 80.O0/each
Concrete cylinders-mix confu'mation or job cast be EBS, 13.00/each
testi reporti ..........
includes curing, ng, and ng .............. 15 O0/cach
ylind by cd .......
Concrete c ers, cast others and deliver to lab ......... 20.O0/each
crete beams : .... . ..............
COU ....................
Concrete cores - measuring, preparing, compression tesUng,
35.00/each
and reporting ....................................... 15 00/each
Concrete cores - length measurement, ASTM C 174 ..................
Hot Mix Asphaltic Concrete
Extraction, percent asphalt, and gradation ........ · $ 155.00/each
40.00/set
Molding specimens, Marshall Method (set of 3) .....
45.00/set
Laboratory density (set of 3) ................ 00/set
65.
Marshall Stability test (set of 3) .............. 00/each
65.
Theoretical maximum density ................
110.00/each
Mix design review .......................
25.00/each
Specific gravity and length of cores ............
Fire Resistive Materials 00/each
..... $ 30
DensRy determmatmns ..................................
Analysis or Data Interpretation
Printed report of data reviewed by a professional engineer, 0.2/hours
per sample per report (minimum) ...........................
· ' ' or interpretation of data will be charged at the
Engmeenng analys~s
appropriate engineering rate.
Laboratory Overtime
1.5 x test charge with a minimum of $59.00/hour of required overtime.
FW/151/CHOLA~-F.224-93/kjh'.3 3 of 3 Laborato~
GIlICOfl Baker-Shiflett, Inc.
5701 East Loop 820 South · Fort Worth, Texas 76119-7051 · (817) 475-82~4 · Metro (817) 572-3411 · Fax (817) 478-8874
F,/fective Smam? 1, 1~J,4
SUPPLEMENTAL SCHEDULE OF CHARGES
STANDARD EQUIPMENT RATES
Rate
Day: Week:
Safety Equipment
'D" - Gloves, hard hat, eye protection, & disposable suit ........... $ 20
"C2" - Above plus respirator ............................. 40
"CI" - Above plus chemical suit ........................... 80
#B" - Above plus SCBA ............................... 125
Standby SCBA ...................................... 25
Monitoring And Sampling Equipment $ 5 20
35mm c~mer~ ...................................... 40 160
2-inch Bladder Pump ..................................
Air Compressor 80 320
185 CFM ............ ' ' ' 170 680
375 CFM ' '
......... 350 1400
Air Monitoring ........ ' ' 50 200
Ambient Air Sampler .... ' ' 10 40
Bailing Reel ' ' 30 120
Centrifugal pump ..... 185 ?40
Chem Grout Machine · ·
30 120
Compressed Air Regulator 25 100
Concrete Saw ........ 10 40
Conductivity or pH meter (*) 20 80
Coupon Punch ......... 125 500
Data Logger w/Transducer · ·
35 140
Diaphragm Pump w/Compressor ' ' 100 400
Digiflam ............... 15 60
Digital Manometer ........ 30 120
Dissolved Oxygen Meter ....... · ·
Draegcr (or Sensidyne) Detection System 15 60
20 8O
DSPH3 Meter ' ·
................. 20 80
Electric Well Sounder (*) ' ' ' 80 320
Fap Pump .....................
.... 30 120
Field Computer .................. l0 40
Filter Press .....................
FW/ISIICHODAILy.224-93/kjh:4 I of 3
Rate
Day: Week:
...... $ 35 140
Regenerative Blower (300 CFM) ......
10 40
Signs/Cones/Barriers ...........
...... l0 40
Slug Tester ........... 100 400
Eq ip ..........
Soil Vent Test u merit ' ' ' ' 30 120
Soils Lab (Field) ...........
......... 40 160
Sondex ..........
............. 30 120
Stream Cleaner - small ..... · ........ 100 400
Stream Cleaner - Trailer Mount ......
Submersible Pump - Electric ... . ....... 50 200
Submersible Pump (4-inch) w/Generator (*) .... 100 400
35 140
Suction Pump ' ' 40
........... 10
Surge Block (*) ' ' ' 100
...... 25
Eq ip ''
Sureey u merit .... 25 100
Tensiometer · ·
5 2O
Tool Kit ' ·
.......... 20 80
Turbidity Meter (*) .... 25 100
TV/VCR .................
25 100
Ventilation Meter · · ·
50 200
Video Camera ' ' ' 15 60
Water 55 Gallon Di .........
75 300
Water Trailer - 500 Gallon · · · ........
50 200
Well Development Pump Unit .........
50 200
Well Wizard Controller ...... · ........
5 2O
Equipment Group - Monitoring Well Development/Sampling ( ) ...... 140 560
FW/ISlICHODAILY.224-93~jh:4 3 of 3 st~,~d E~iprn~a F. at~
PROTECTIVE STEEL CASING
WITH HINGED LID & PADLOCK -- --PVC SLIP CAF'
GROUND SURFACE
I.O, PVC. SCH, 40
RISER PIPE
CEMENT-BENTONITE GROUT
INJECTED INTO ANNULAR
SPACE VIA TREMIE PIPE
~8ENTONITE PLUG
MINIMUM 5'THICK
WASHED FILTER PACK SANO (8/16).
MAXIMUM 10' A8OVE SCREEN
SILT TRAP
~--2" I.D. SCH, 40 PVC SCREEN
(O.01 OR 0.02 SLOTS)
~- ~ 8" DiA. BORE HOLE
CITY OF' DF~TON, TE~×AS I 10/93
lvlU~ICI~AL L..~IDFIL I
~o, ~i..~i.~,l.~, TYPICAL PIFZOM£T£R DE$IG~ I~"~