1992-163baker.k
AN ORDINANCE AUTHORIZING THE ~YOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RE~TING TO PRO-
FESSIONAL ENGINEERING SERVICES FOR SOILS AND CONCRETE TESTING MBO-
~TORY SERVICES OF THE PECAN CREEK WASTEWATER TREATMENT P~NT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an agree-
ment between the City of Denton and Baker-Shiflett/Emcon Inc. re-
lating to soils and concrete testing and laboratory services of the
Pecan Creek Wastewater Treatment Plant under the terms and condi-
tions contained with said agreement, a copy of which is attached
hereto and mada a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds not to exceed Fifty One Thousand One Hundred
($51,100.00) Dollars for the services required pursuant to the
Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approv~_~/~_/~_~ .~
PASSED AND APPROVED this the~__ day of 1992.
BOB CASTLEBERRY, ~ ~
ATTEST:
JENNIFER WALTER~ CITY SECRETARY
APPR D S LEGAL FO~:
DEB~ A. D~Y~ITCH, CITY ATTORNEY
Exhibit I
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND BAKER-SHIFLETT/EMCON, INC.
THIS AGREEMENT is made and entered by and between the City of
Denton, Texas, a municipal corporation situated in Denton County,
Texas, hereinafter called the "City", acting herein by and through
Lloyd Harrell, its duly authorized City Manager, and Baker-
Shiflett/EMCON, Inc., an independent contractor, acting herein by
and through Thomas D. Baker, its duly authorized Chairman of the
Board, hereinafter called the "Engineer".
W I TNE S SETH
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto do hereby covenant
and agree as follows:
SECTION I - SERVICES OF THE ENGINEER:
The City hereby contracts with Engineer as an independent
contractor, and the Engineer hereby agrees to perform, within the
professional standards normally accepted in the State of Texas,
professional services associated with individual assignments as
agreed in writing in connection with the following general scope of
work:
Soil and concrete testing incident to earthwork removal and
placement for construction of facilities; soil quality control of
lime-treated subgrade and asphalt pavement; and soil and concrete
quality control for cast-in-place concrete piers and cast-in-place
concrete.
SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES
Engineer shall consult with City to clarify and define City's
requirements relative to the Assignments and review available data.
City will provide a call in with a follow-up written request
to the Engineer for a detailed scope of services and anticipated
costs associated with each assignment.
Engineer will develop detailed written scope of services for
each assignment. Upon written notice by the City, the Engineer
will perform the assignment and provide a written report of the
findings. Exhibit II with
3 attachments
Engineer agrees to co~mit the personnel to each assignment as
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 Assignment at City's cost and
expense (which services and data Engineer is not to provide
hereunder but on which Engineer may rely in performing services
hereunder), and 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 for the Assignment including any and
all changes necessary to complete the Assignment as outlined in the
Scope of Services. Nothing contained herein shall be construed as
authorizing additional fees for services.
The Engineer acknowledges by the execution of this Agreement
that all contingencies 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.
SECTION III - SPECIAL SERVICES OF ENGINEER:
3.1 services Requiring Authorization in Advance.
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 as 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 IV - CITY RESPONSIBILITIES
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
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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
defining City's policies and decisions with respect to Engineer's
services. See Attachment 1.
Review all reports, recommendations and other documents and
provide written decisions pertaining thereto within a reasonable
time.
Upon reasonable notice, provide labor and safety equipment to
open and protect manholes and/or to operate valves and hydrants as
required by the Engineer.
Examine all studies, reports, sketches, drawings,
specifications, 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 all costs incident to compliance with this Section.
SECTION V - COMPENSATION TO ENGINEER
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 $51,100.
Engineer shall be compensated on the basis of the following
Attachments which are made a part of this Agreement:
Attachment 1: Construction Phase Organization Chart
Attachment 2: Scope of Services for Construction Materials
Engineering.
Attachment 3: Schedule of Charges
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 the Engineer will be compensated at the
same rates and methods as outlined in this Section V.
SECTION VI - METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of statements
prepared from the books and records of account of the Engineer,
such statements to be verified as to accuracy and compliance with
the terms of this Agreement 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
representatives that such work has been properly performed.
See Attachment 1.
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
actually performed.
Mail monthly invoices to:
The City of Denton
Attn: C. David Ham, P.E.,
Manager of Construction Projects
901-A Texas Street
Denton, Tx 76201
Telephone Number (817) 387-3252
SECTION VII - TIME 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 730 calendar days. The City may extend
the time period upon 30 days written notice to Engineer for an
additional 180 calendar days.
SECTION VIII - TERMINATION=
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 Engineer 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
4
for all termination related expenses such as meeting attendance,
document reproduction, transfer of records, etc.
Upon termination of this Agreement, the Engineer shall provide
the City reproducible copies of all completed or partially
completed engineering documents prepared under this Agreement.
SECTION IX - INSURANCE
Engineer shall maintain statutory worker's compensation
insurance coverage, employers' liability, commercial general
liability, automobile liability, and professional liability
insurance coverage during the period of performance of services
hereunder in the following minimum amounts:
LIMITS OF LIABILITY
A. Worker's Compensation Statutory
Employer's Liability $ 500,000
B. Commercial General Liability
(including Contractual Liability):
Bodily Injury ) $ 500,000 combined
single limits for each
Property Damage) occurrence or aggregate
C. Comprehensive, Automobile
Liability (Owned, Hired, and
Non-owned Vehicles):
Bodily Injury ) $ 500,000 combined
single limits for each
Property Damage) occurrence or aggregate
D. Professional Liability $ 500,000 annual aggregate
Engineer shall furnish City insurance certificates to evidence
such coverages. The certificates shall contain a provision that
such insurance shall not be cancelled, without 30 days prior
written notice to City.
SECTION X - INDEMNIFICATION
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 liability of any
kind whatsoever, including attorneys' fees, to the extent arising
out of the negligence of the Engineer and Engineer shall, at its
cost and expense, defend and protect the City against any and all
such claims and demands.
SECTION XI - LIMITATION OF LIABILITY
Engineer currently maintains and shall maintain professional
liability (errors and omissions) insurance in an amount not less
5
than $500,000 aggregate limits during the term of the Agreement.
To the extent permitted by law, City agrees to limit the liability
of Engineer, its officers, shareholders and employees, to City, for
any acts, errors or omissions or breaches of contract to the
proceeds available from applicable insurance, or, where no
insurance is applicable, the lesser of the actual damages incurred
by City or the total sum of $500,000. The statue of limitations
provided by Texas statutes shall govern claims under this section.
SECTION XII - NO THIRD PARTY BENEFICIARIES
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.
SECTION XIII - SAMPLING
Most test samples or specimens are consumed or substantially
altered during the conducting of tests by the Engineer, and, at
Engineer's sole discretion, will dispose (subject to the following)
of any remaining residue immediately upon completion of tests:
1. Engineer will maintain preservable test samples and specimens
or the residue therefrom for 30 days after submission of
Engineer's report free of storage charges. After the initial
30 days and upon written request, Engineer will retain test
specimens or samples for a mutually acceptable storage charge
and stated period of time. City agrees that it will not hold
Engineer responsible or liable for any loss of test specimens
or samples retained in storage.
2. In the event that samples contain substances or constituents
hazardous or detrimental to health, safety, or the environment
as defined by federal, state or local statutes, regulations or
ordinances, Engineer will, after completion of testing and at
City's expense: (i) return such samples to City, or (ii)
using a manifest signed by City as generator, will have such
samples transported to a location selected by City as
generator 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
decontaminated, in the sole opinion of the City, shall become the
property and responsibility of City. All 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
6
market value of any such equipment which, in the City's sole
opinion, cannot be reasonably decontaminated.
SECTION XIV - INDEMNITY PERTAINING 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
discovery, 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 responsibility to and
shall report to the City the location of any hazardous materials
that an engineer of similar skill and expertise should have
noticed.
In connection with hazardous waste, including petroleum
products, City agrees to defend, hold harmless and indemnify
Engineer from and against any and all claims and liabilities
resulting from=
(a) City's violation of any federal, state or local statute,
regulation or ordinance relating to the disposal of hazardous
substances or constituents;
(b) City's handling, removal, treatment, storage,
transportation or disposal of hazardous substances or constituents
found or identified at the site;
(c) Allegations that Engineer is a handler, generator,
operator, treater or storer, transporter, or disposer under the
Resource Conservation and Recovery Act of 1976, as amended, or any
other similar federal, state or local regulation or law.
SECTION XV - RIGHT TO AUDIT:
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
transactions 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 space in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer
reasonable advance notice of intended audits.
SECTION XVI - SUCCESSORS AND ASSIGNS:
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
7
covenants of this Agreement.
SECTION XVII - ASSIGNMENT:
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.
SECTION XVIII - INDEPENDENT CONTRACTOR:
Engineer shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or
employee of the City. Engineer shall have exclusive control of,
and the exclusive right to control the details of the work
performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers,
agents and employees. Nothing herein shall be construed as
creating a partnership or Joint venture between the City and the
Engineer, its officers, agents and employees, and doctrine of
respondent superior has no application as between the City and the
Engineer.
SECTION XIX - VENUE:
Venue of any suit or cause of action under this Agreement
shall lie in Denton County, Texas.
IN,T~T~IMONY HEREOF,, th9 parties have executed the Agreement, this
/.~,~'~"- day of~~,-~- 1992.
This Agreement is executed in four (4) counterparts.
CITY OF DENTON, TEXAS
ATTEST: Bob Castleberry, May~ ~
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM:
Debra A. Drayovitch, City Attorney
Baker - Shi f 1 ett / EMCON
omas D. Baker, P.E.
Chairman of the Board
ATTEST:
9
OI
~-~ ,LI [tIHX[t
Scope of Services
for
Construction Materials Engineering
Pecan Creek W.W.T.P. Improvements
Denton, Texas
Baker-Shiflett/Emcon,Inc.
Proposal No. 079217
Baker-Shiflett/EMCON, Inc. proposes to provide construction
materials testing and observation services for this project on a
"call-out followed by a written assignment" basis. The Resident
Project Representative (RPR) will be responsible for providing
notification for field testing. Testing may be scheduled by
calling Baker-Shiflett/EMCON, Inc. during normal working hours at
(817)478-8254. A minimum notice of 24 hours is requested in order
that they may effectively schedule personnel.
Tests will be made in all areas designated by the R.P.R. to be
ready for testing at the time the technician is on site. Field
test results will be given verbally to the R.P.R. and the
Contractor Project Superintendent before the technician leaves the
site. Typed test results will be submitted after the results are
reviewed by a materials engineer. It will be the R.P.R.'s
responsibility to schedule retests. The City will pay for retests.
All tests and quality control will be in accordance with the
provisions of the contract document and plans and specifications of
the Pecan Creek WWTP Improvement project, Bid No. 1338.
1. EARTHWORK
An engineering technician will visit the project on an "as called
assignment" to sample soil for Atterberg Limits test, minus 200
sieve analysis, and moisture-density relationship tests
(ASTM D 698). In-place moisture-density tests will be made with a
nuclear gauge in the compacted lifts of fill or backfill. Tests
will be taken at a general frequency of one per 5000 square feet
per 6-inch lift with the exception of embankments where the
frequency will be increased to 2500 square feet per test.
II. LIME TREATED SUBGRADE
During subgrade construction, samples of the soil-lime mixture will
be obtained for laboratory moisture-density relationship tests.
Gradations will be conducted in the field to verify adequate
mixing. The thickness of the compacted soil-lime mixture will be
checked by a positive reaction with phenolphthalein. In-place
density tests will be taken with a nuclear moisture-density gauge.
Field testing will be conducted at the general frequency of one
test for each 300 linear feet of pavement.
ll
Attachment #2
III. CAST-IN-PLACE CONCRETE PIERS
An engineering technician will observe the pier drilling and
maintain a log of each pier hole. Soil encountered during drilling
will be compared with the logs provided from the geotechnical
study. The technician will verify that shafts achieve the
specified penetration into the bearing formation and the shaft
diameter complies with the requirements given on the foundation
plan. A geotechnical engineer will visit the site to observe pier
drilling operations and review all pier logs. Samples of the
plastic concrete will be obtained for slump tests and cylinders
will be cast for compression results.
IV. ASPHALT PAVEMENT
Samples of the paving mixture will be obtained for laboratory
evaluation. Laboratory tests will include asphalt content,
aggregate gradation, and theoretical maximum density. Cores will
be drilled in completed pavement to check thickness and density.
V. CAST-IN-PLACE CONCRETE
The contractor's proposed mix designs will be reviewed. Samples of
plastic concrete will be obtained for slump measurements, air
tests, and casting of strength specimens. One set of four
cylinders will be cast for each 75 cubic yards placed. The samples
will be transported to the laboratory and control cured. Test
reports which include field test and laboratory compression tests
results will be submitted after the 7 and 28 day tests.
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SCHEDULE OF CHARGES
for
Pecan C~eek #.~.T.P. Improvements
I. Earthwork
A. Moisture/Density Relationship (ASTM D 698)
estimate 5 @ $125.00/ea ................. $ 625.00
B. Atterberg Limits Tests
estimate 5 @ $40.00/ea .................. 200.00
C. Minus No. 200 Sieve
estimate 5 @ $25.00/ea ............... 125.00
D. Technician Time
estimate 150 hrs @ $29.50/hr ....... 4425.00
E. In-Place Moisture/Density Test
estimate 300 @ 25.00/ea ............ 7500 00
F. Permeability Test (Falling Head)
estimate 1 @ $150.00/ea ............ 150 00
G. Remolding Sample (if required)
estimate 1 @ $50.00/ea ............. 50 00
H. Senior Engineer's Time
estimate 16 hr @ $90.00/hr .......... 1440 00
I. Technical Services Supervisor
estimate 15 hr @ $65.00/hr ............ 975 00
J. Vehicle Charge
estimate 25 days @ $24.00/day ......... 600 00
Subtotal $16,090.00
Estimated Budget $16,100.00
II. Lime Treated Subgrade
A. Moisture/Density Relationship (ASTM D 698)
estimate 1 @ $125.00/ea ................. $ 125.00
B. Atterberg Limits Tests
estimate 1 @ $40.00/ea .................. 40.00
C. Technician Time
estimate 10 hr @ 29.50/hr ............... 295.00
D. Gradation Test
estimate 5 @ $20.00/ea .................. 100.00
II. Lime Treated Subqrade (Continued)
E. Lime Depth Checks
estimate 5 @ $11.00/ea .................. $ 55.00
F. In-Place Moisture/Density Tests
estimate 5 @ $25.00/ea .................. 125.00
G. Technical Services Supervisor
estimate 2 hr @ $65.00/hr ............... 130.00
R. Vehicle Charge
estimate 2 days @ 240.00/day ............ 48.00
Subtotal $ 918.00
Estimated Budget $ 900.00
Attachment #3
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III. Cast-in-Place Concrete Piers
A. Technician, regular time
estimate 35 hr @ $35.00/hr .............. $1225.00
B. Technician, overtime
estimate 5 hr @ $52.50/hr ............... 262.50
C. Concrete Cylinders
estimate 16 @$13.00/ea .................. 208.00
D. Senior Engineer
estimate 4 hr @ $90.00/hr ............... 360.00
E. Technical Services Supervisor
estimate 5 hr @ $65.00/hr ............... 325.00
F. Vehicle Charge
estimate 4 days @ $24.00/day ............ 96.00
Subtotal $ 2476.00
Estimated Budget $ 2500.00
IV. As halt Pavement
A. HMAC Extraction & Gradation
estimate 3 @ $145.00/ea ................. $ 435.00
B. HMAC Theoretical Maximum Density
estimate 1 @ $65.00/ea .................. 65.00
C. Cores of HMAC
estimate 3 @ $60.00/ea .................. 180.00
D. Length and Density of Cores
estimate 3 @ $31.00/ea .................. 93.00
IV. Asphalt Pavement - Continued
E. Technical Time
estimate 10 hr @ $29.50/hr .............. $ 295.00
F. Senior Engineer
estimate 1 hr @ $90.00/hr ............... 90.00
G. Vehicle Charge
estimate 2 days @ $24.00/day ............ 48.00
Subtotal $ 1206.00
Estimated Budget $ 1200.00
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V. Cast-in-Place Concrete
A. Technician Time, regular
estimate 190 hr/ @ $29.50/hr ............ $5605.00
B. Technician Time, overtime
estimate 45 hr @ $44.25/hr .............. 1991.25
C. Concrete Cylinders
estimate 428 @ $13.00/ea ................ 5564.00
D. Technical Services Supervisor
estimate 10 hr @ $65.00/hr .............. 650.00
E. Senior Engineer
estimate 5 hr @ $90.00/hr ............... 450.00
F. Vehicle Charges
estimate 45 days @ $24.00/day ........... 1080.00
Subtotal $ 15,340.25
Estimated Budget $ 15,400.00
VI. RETEST
At unit prices shown above (Allowance) ~
TOTAL ESTIMATED BUDGET $ 51,100.00
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BA K ER-S l.,-ll FLET '1-, INC-