1992-086e \wpdocs pLumadm o
ORDINANCE NO ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC RELATING
TO PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION REPRESENTA-
TION FOR IMPROVEMENTS TO THE PECAN CREEK WASTEWATER TREATMENT
PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PRO-
VIDING 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 Alan Plummer and Associates,
Inc relating to construction representation for improvements to
the Pecan Creek Wastewater Treatment Plant under the terms and
conditions contained within said amendment, a copy of which is
attached hereto and made a part hereof
S~CTION II That the City Council hereby authorizes the
expenditure of funds not to exceed Four Hundred Seventeen Thousand
Five Hundred Sixty ($417,560) Dollars 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 ~~__, 1992
9 /
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
ENGZNEERZNG SERVZCES AGREEI4ENT
FOR CONSTRUCTXON REPRESENTATION OF THE
PECAN CREEK WASTEWATER TREAYMENT PLANT IHPROVEHENTS
STATE OF TEXAS ~
COUNTY OF DENTON ~
THIS AGREEMENT ts made and entered Into as of the _~ day of
.~., and between the City of Denton, with its principal
1992,
by
office at 215/~ast HcKtnney Street, Denton, Denton County, Texas 76201, ("OWNER") and
Alan P]ur~mer and Associates, Inc , with its corporate offlce at 841 West Httche]l Street,
Arlington, Tarrant County, Texas 76013, hereinafter called the ("ENGINEER") acting
herein, by and through ~ts representative, duly authorized so to act for and in behalf
of said ENGINEER
WITNESSETH, that tn constderatlon 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 constructlon representation for Improvements to the
wastewater treatment facllit~es at the Pecan Creek Wastewater Treatment Plant (WWTP)
The ENGINEER agrees to exercise the same degree of care, skill and d~ligence in the
performance of these services as is ordinarily provided by a professional consultant
Page I of 22
under slmllar cJrcumstances and ENGINEER shall, at no cost to OWNER, 'reperform" services
which fail to satisfy the foregoing standard of performance
ARTXCLE II
PERIOD OF SERVICE
This 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 ENGINEERING SERVICES
The ENGINEER shall render the following professional services for development of the
PROJECT
Upon execution of this Agreement, the ENGINEER shall
A General Representation
I Assist the OWNER in securing bids, issuing notice to bidders and notifying
construction news publications The notice to bidders will be furnished to
the OWNER for publication in the local news media The cost for publications
shall be paid by the OWNER The ENGINEER will distribute bidding documents
The cost for reproducing bidding documents will be an Additional Service
Assist the OWNER in the opening, tabulation, and analysis of the bids
received and furnish recon~nendations on the award of contracts or the
appropriate actions to be taken by the OWNER The cost for evaluating
alternative equipment submitted by Bidders shall be an Additional Service
Page 2 of 22
3 Assist the OWNER in the preparation of formal contract documents for
construction contracts
4 Assist in conducting pre-construction conference(s) with the Contractor(s),
and review construction schedules prepared by the Contractor(s)
5 Make an average of two visits each month of the site (as dfsttngulshed from
the continuous servlces of a Resldent Project Representative) for a 24-month
period beginning with the date of execution of a construction contract by the
OWNER to observe the progress and the quality of work The ENGINEER shall
become famlllar with the progress and qualtty of the work completed and will
determlne In general tf the work when completed w111 be in accordance with
the contract documents In addition, on the basis of on-site observatlons
as an engineer, the ENGINEER shall keep the OWNER tnformed of the progress
and quality of the work, and shall exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies In the work of CONTRACTOR or any subcontractor The OWNER's
approval, acceptance, use of or payment for all or any part or the ENGINEER's
services hereunder or the Project Itself shall In no way alter the ENGINEER's
obligations or the OWNER's rights hereunder
6 Consult and advise wtth the OWNER during construction and make
recon~endatlons to the OWNER regarding materials and workmanship
7 Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data pursuant to the General
Conditions of the Construction Contract OWNER shall be responsible for
review and approval of those shop drawings which ENGINEER and OWNER have
determined that OWNER may review If OWNER chooses not to approve a shop
drawing, ENGINEER shall review and determine whether the shop drawing shall
be approved OWNER shall handle administrative processing of submittals
Page 3 of 22
8 Interpret the intent of the plans and specifications for the OWNER and
Contractor(s) Investigations, analyses, and studies requested by the
Contractor{s) and approved by the OWNER, for substitutions of equipment
and/or materials or deviations from the plans and specifications will be
considered an additional service NOTE Such studies conducted by the
ENGINEER, if determined to be inadequate, due to incompleteness of ENGXNEER
prepared plans and specifications, will be redone without additional
compensation Any defective designs, plans or specifications furnished by
the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the
OWNER
g Review and comment on monthly and final estimates for payment to
Contractor(s), pursuant to the General Conditions of the Construction
Contract OWNER shall handle administrative processing of monthly and final
pay requests Based upon the ENGINEER's observations at the site of the work
and evaluations of the CONTRACTOR's applications for payment, the ENGINEER
shall review and certify the amounts due the CONTRACTOR The recommendation
for payment shall constitute a representation to the OWNER based on the
ENGXNEER's observations at the site and on the data comprising the
CONTRACTOR's Applications for Payment, that the work has progressed to the
point indicated and that the quality of the work is in accordance with the
Contract Documents The foregoing representations are subject to minor
deviations from the contract documents correctable prior to completion and
to specify qualifications expressed by the ENGINEER
The issuance of a Certificate for Payment shall further constitute a
representation that the CONTRACTOR is entitled to payment in the amount
certified However, the issuance of a Certificate for Payment shall not be
a representation that the ENGXNEER has (1) made exhaustive or continuous on-
site inspections to check the quality or quantity of the Work. {2) reviewed
construction means, methods, techniques, sequences or procedures,
(3) reviewed copies of requisitions received from subcontractors and material
Page 4 of 22
suppliers and other data requested by the OWNER to substantiate the
CONTRACTOR's right to payment or (4) ascertained how or for what purpose the
CONTRACTOR has used money previously pald on account of the Contract Sum
10 Conduct, in company with the OWNER's representative, a final inspection of
the Project for conformance with the design concept of the Project and
general compliance with the contract documents, and review and comment on the
certificate of completion and the recommendation for final payment to the
Contractor(s}
B Resident Representation Services
I The ENGINEER shall provide a resident project representative The ENGINEER's
designated representative (Resident Project Representative) will be the
primary point of contact and communications for all parties on the Project
The ENGINEER will p~ovide full-time field observation and field office
engineering services The ENGINEER has budgeted a maximum of 40 hours per
week for one representative for a duration of 24 months of field observation
If additional time is required, the ENGINEER will either receive additional
compensation or relief by OWNER personnel
2 Project Documentation Maintain detailed records of the project, including
daily log, correspondence, schedules, shop drawings, record data, payments,
contractor contract modification requests and project information requests,
proposed contract modifications, change orders, photographs, meeting minutes,
and clarifications OWNER shall provide necessary word processing services
for Resident Project Representative's project documentation
3 Schedule Updates Monitor the Contractor's actual progress relative to his
planned construction schedule Provide reports of actual versus planned
progress
Page 5 of 22
4 Progress Payments Review and reconlnend OWNER action on Contract progress
payments Meeting monthly with the Contractor, at the construction site, to
review and update actual status cost and time
5 Job Meetlnas Establlsh, chair, minute, and monitor the follow-up of bi-
weekly job meetings Representatives of the Contractor and the Owner will
attend the Job meetings The Resident Project Representative will regularly
meet with OWNER's staff for project coordination purposes OWNER shall
provide word processing services to the Resident Project Representative for
preparing meeting minutes
6 Changes Recommend action by the OWNER on time extensions and change orders
requested by the Contractor Follow established procedures to administer
change orders, time extensions, and Contractor claims OWNER shall assist
in processing change requests
Respond to Contractor Modification Requests, Project Information Requests,
and Proposed Contract Modifications
Review with the Contractor the validity, cost, and time of change orders,
time extensions, and claims Make recommendations to the OWNER on
appropriate actions of these items Maintain documentation and records of
the status of changes, time extensions, and claims
Assist OWNER in establishing and maintaining appropriate change order
approval authority for the OWNER's representative Process and document
change orders and claims proposed by the Contractor
7 Data Tracking Establish and maintain system for tracking Contractor shop
drawings, record data, manuals, and other documents
Page 6 of 22
8 Construction Observat10n Provide fteld observation for conformance of the
Contractor's work with plans and specifications Nottfy the Contractor and
the ONNER of any observed nonconforming work and monttor progress of the
Contractor's corrective actions Advlse CONTRACTOR and OWNER Immediately of
the commencement of any work requiring a shop drawing or sample submission
if the submission has not been approved It Is understood that the
ENGINEER's Resident Project Representative (and any assistants} does not
guarantee the Contractor's performance nor is he responslble for supervtslon
of the Contractor's operatlon and employees The ENGINEER's Resident Project
Representative (and any asslstants) shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by
Contractor or the safety precautions and programs Incident to the work of the
Contractor
g Factory and Field Testing of Equipment and Materials Coordinate activities
of independent testing laboratories to be retained directly by the OWNER
under separate contract agreements or as special englneerlng services
10 Record Drawings Monitor preparation of record drawings by Contractor
including buried piping located during the project Maintain records of up-
to-date modifications Document changes in project Furnish and assist in
interpretation of data to be used in preparation of record drawings
Maintain records of approved shop drawings and equipment O&M manuals
Records will be provided to the OWNER at the end of the project (Actual
preparation of Record Drawings will be performed as an additional service )
1! Completion Provide field observation of and assist with coordination of the
substantial and final completion activities Jointly with the OWNER and the
Contractor, conduct the substantial completion and final completion
inspections Prepare and issue the punchlist of incomplete work to the
Contractor Recommend to the OWNER the dates of substantial completion and
final completion Assist the OWNER in scheduling startup and use of the
Page 7 of 22
complete facility Obtain required manuals, guarantees, record drawlngs, and
other documentation from the Contractor and deltver to the OWNER
ARTICLE IV
ADDITIONAL SERVICES
Additional servlces to be performed by the ENG[NEER, If authorized by the OWNER,
which are not Included tn the above described basic services, are described as follows
A Contract Document Reproduction Reproduction of contract documents for
advertlsement of project for bids and for use by CONTRACTOR during construction
Any monies recelved from the sale of Contract Documents to prospective bidders
w111 be credtted to the OWNER
B Witness Factory Tests Site visits to manufacturing or shop facllltles to
witness speclffed factory tests Witnessing of the blower and motor factory
tests, aeration dlffuser factory tests, and the SCADA factory tests will be
performed under thts task, a maxlmum of 60 hours
C Assist with Plant Start-up Review the operation of the individual process units
to determine compliance with project design criteria Coordinate with the
Resident Project Representative for appropriate Contractor and Equipment
Manufacturer on-site representation and operator training A maximum of ten (10}
8-hour d~s will be provided
D OPeration and Maintenance Manuals Under this task, the ENGINEER will assist the
OWNER in preparation of an Operation and Maintenance (O&M} Manual to address
operation and maintenance procedures for the facilities to be added or modified
under this contract As part of this task, a large, wall-sized piping plan
showing all buried piping known to be present at the plant site will be prepared
This piping plan will be used by the plant operators and is not guaranteed to be
dimensionally accurate with respect to buried piping The OWNER will provide
Page 8 of 22
word processing services, develop all figures, plans and schematics, and will
reproduce and bind the final document
E Project Performance Report After ten months of operation, prepare a Project
Performance Report as required by the Texas Water Commission (TWC} to document
plant performance and outline any corrective action required to the plant
performance into compliance
F Witness Field Tests If requested by OWNER, the ENGINEER will witness specified
field testing of diffuser supports
G Final Engineering Report Preparation If requested by OWNER, the ENGINEER will
update the preliminary design report to include modifications made during design
and construction The ENGINEER will prepare one draft report for OWNER review
and will incorporate OWNER conments
H Construction Record Orawtn~ Preparation If requested by OWNER, the ENGINEER
will revise the construction drawings in accordance with the information
furnished by construction Contractor reflecting changes in the Project made
during construction One set of reproducible prints of "Record Drawings" shall
be provided by the ENGINEER to the OWNER
I Regulatory Assistance During the course of the project, as requested by OWNER
personnel, the ENGINEER will be available to accompany OWNER personnel when
meeting with the Texas Water Commission, U S Environmental Protection Agency,
or other regulatory agencies The ENGINEER will assist OWNER personnel on an as-
needed basis in preparing compliance schedules, progress reports, and providing
general technical support for the OWNER's compliance efforts
Page 9 of 22
J Additional Site Visits If the ENGINEER is requested to visit the site more
frequently than an average of two (2) visits each month as set forth in
Section III, Paragraph A 5, the requested visits shall be considered as an
Additional Service and the ENGXNEER shall be entitled to additional compensation
K Additional Construction Reeresentation Services If OWNER is unable to provide
ENGINEER with sufficient assistance during construction representation to
properly prosecute the work, the ENGINEER shall provide the additional services
required on an as-needed basis as authorized by the OWNER This shall include
any time beyond 40 hours per week for resident project representation by the
ENGINEER
L Evaluation of Contractor Substitutions Performing investigations, studies and
analyses of substitutions of equipment and/or materials or deviations from the
plans and specifications This shall include evaluation of alternative equipment
submitted with bids for the project
M Field layouts or the furnishing of construction line and grade surveys
N Providing shop, mill, field or laboratory inspection of materials and equipment
0 Assisting the OWNER in claims disputes with Contractor(s)
P Assisting OWNER or Contractor in the defense or prosecution of litigation in
connection with or in addition to those services contemplated by this Agreement
Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated
by the respective parties outside of and in addition to this Agreement
Q Sampling, testing or analysis beyond that specifically included in Basic
Services
Page 10 of 22
R Investlgatlons Involving detatled consideration of operation, malntenance and
overhead expenses, and the proparetlon of rate schedules, earnings and expense
statements, feasibility studies, appraisals, evaluations, assessment schedules,
and material audlts or lnventorles required for certification of force account
construction perfomed by the OWNER
S Preparing copies of Computer Aided Drafting (CAD) electronic data bases,
drawings, or files for the OWNER's use in a future CAD system
T Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications
U Providing video camera with video tapes of construction phase to be used as a
historical record and for operator training
V Attendance at additional meetings beyond those specifically noted in Basic
Services required by the Texas Water Coneission, other regulatory agencies, or
the OWNER
W Appearing before regulatory agencies or courts as an expert witness in any
litigation with third parties or condemnation proceedings arising from the
development or construction of the Project, including the preparation of
engineering data and reports for assistance to the OWNER
X Providing geotechnical investigations for the plant site including soil borings,
related analyses and reco;mendattons
Y Any additional services required by the OWNER not included in Basic Services
Page 1! of 22
ARTICLE V
RESPONSIBILITIES OF OWNER
The OWNER shall do the following in a timely manner so as not to delay the services
of the ENGINEER
A Designate in writing a person to act as the OWNER's representative with respect
to the services 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
C Assist the ENGINEER by placing at the ENGINEER's disposal all available
information pertinent to the Project including previous reports and any other
data relative to design or construction of the Project
D Arrange for access to and make all provisions for the ENGINEER to enter upon
public and private property as required for the ENGINEER to perform services
under this Agreement
E Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by the ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as the OWNER deems appropriate for such
examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of the ENGINEER
Page 12 of 22
F Furnish approvals and permits f~om all governmental authorlttes havtng
Jurlsdtctton over the Project and such approvals and consents from others as m~y
be necessary for co~pletlon of the Project
G The OWNER shall make or arrange to have made all subsurface Investigations,
Including but not 11mlted to borings, test plts, soil reslstlvlty surveys, and
other subsurface explorations The OWNER shall also make or arrange to have made
the Interpretations of data and reports resultlng from such fnvesttgatlons All
costs associated with such lnvestlgatlons shall be paid by the OWNER
H The OWNER shall make or arrange to have made all material testing and sampling
required at the wastewater treatment plant All costs associated with such
testing and sampling shall be paid by the OWNER
! Prevlde such accounting, Independent cost estlmatlng and 1nsurence counseling
services as may be required for the Project, such legal services as the OWNERmey
require or the EN$[NEER may reasonably request wtth regard to legal Issues
pertaining to the Project, Including any that maybe ratsed by the CONTRACTOR(s)
[f OWNER designates a person to represent the OWNER at the site who Is not the
ENGINEER or ENGINEER's agent or employee, the dutles, responsibilities and
llmitations of authority of such other person and the affect thereof on the
dutles and responsibilities of the ENGINEER and the Restdent P~oJect
Representative (and any assistants) wtll be set forth in an exhibit that ts to
be Identified, attached to and made a part of thls Agreement before such services
begln
K Attend the pre-bid conference, bid openlng, preconstructlon conferences,
construction progress and other Job related meetings and substantial completion
Inspections and ftnal payment Inspections
Page [3 of 22
L Give prompt wrltten nottce to the EN6INEER whenever the OWNER observes or
otherwlse becomes aware of any development that affects the scope or tlmtng of
the ENGINEER's services, or any defect or nonconformance of the work of any
contractor
Furnish, or direct the ENGINEER to provide, Additional Services as stipulated in
Article IV of this Agreement or other services as required
N Provide transportation such as airline fare, automobile rental or subsistence
required for the OWNER's personnel to attend project meetings or inspection
trips
0 Provide word processing services for the ENGINEER's Resident Project
Representative, prepare copies as needed of the construction administration
manual approved by the ENGINEER, collate and bind executed construction contract
documents, assist in reviewing and processing submittal material from the
CONTRACTOR as delegated by the ENGINEER, process administratively CONTILACTOR's
monthly pay requests upon receipt of recorrmnendation from the ENGINEER, assist the
ENGINEER as needed during construction observation, prepare from information
supplied by the ENGINEER an Operations and Maintenance Manual including word
processing, drafting, reproduction, and binding Provide ENGINEER two final
copies of manual
P Bear all costs incident to compliance with the requirements of this Article V
ARTICLE VI
COMPENSATION
A COMPENSATZON TERMS
I "Salary Cost" is defined as the cost of salary (payroll} for engineers,
draftsmen, stenographers, surveyors, clerks, laborers, etc , for timely
Page 14 of 22
directly chargeable to the Project, plus Social Security contrtbutlons,
unemployment compensation. Insurance retirement benefits, medlcal and
insurance benefits, disability payments, sick leave, vacation and holiday pay
applicable thereto (Salary cost 15 equal to 1 35 tlmes salary )
2. "Subcontract Expense" is defined as the expense that ts Incurred by the
ENGINEER in employment of others In outslde firms for services In the nature
of foundation bortngs, testtng, surveying, and stmilar services
3 "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the ENGINEER for supplies, transportation and equipment, travel,
communications, subsistence and lodging away from home and similar
incidentals in connection with that assignment
B BASIC SERVZCES
For and in consideration of General Representation Services of the Basic Services
(Article III, 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 $141,265
For and in consideration of Resident Project Representation Services of the Basic
Services (Article III, Paragraph B), the OWNER agrees to pay based on the
schedule of charges shown in Exhibit A, with the total fee not to exceed
$223,980
Partial payments to the ENGINEER will 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 withhold the final 5 percent of the
contract amount until completion of the project
Page 15 of 22
Nothing contained in this article shall require the City to pay for any work
which is unsatisfactory as reasonably determined by the Executive Director of
Utilities or which is not submitted in compliance with the terms of this
Contract The City shall not be required to make any payments to the ENGIN£ER
when the ENGINEER is in default under this Contract
It is specifically understood and agreed that the ENGINEER shall not be
authorized to undertake any work pursuant to this Agreement which would require
additional payments by the OWNER for any charge, expense or reimbursement above
the maximum fee as stated without having first obtained written authorization
from the OWNER ENGINEER shall not proceed to perform the services listed in
Article IV Additional Services, without obtaining prior written authorization
from OWNER
C ADDITZONAL SERVXCES
For additional services authorized in writing by the OWNER in Article IV, the
ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit A
Payments for additional services shall be due and payable upon submission by the
ENGINEER Statements shall not be submitted more frequently than monthly
For the following Additional Services described in Article IV Contract Document
Reproduction {IV A ), Witness Factory Tests (IV B ), Start-Up Assistance (IV C ),
Operations and Maintenance Manual (IV D ), and Project Performance Report (IV E }
the maximum amount will not exceed $52,315
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 I percent (1~) per
month from said sixtieth (60th) day, and in addition, the ENGINEER may, after
Page 16 of 22
giving seven (7) days' written notice to the OWNER, suspend servlces under thls
Agreement until the ENGINEER has been paid In full all amounts due for servlces,
expenses and charges Any applicable new taxes lmposed upon servlces, expenses,
and charges by any governmental body after the execution of thts contract wtll
be added as necessary to 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 an independent contractor of
the OWNER, and the ENGINEER does not guarantee the performance of such construction
contracts The ENGINEER shall not be responsible for 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 Vlll
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the ENGINEER (and ENGINEER's independent
associates and consultants) pursuant to this Agreement are instruments 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 ENGINEER to further
compensation at rates to be agreed upon by the OWNER and the ENGINEER
Page 17 of 22
ARTICLE IX
INDEMNITY AGREE~4ENT
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, agents, or employees in the execution,
operation, or performance of this Agreement
In the event of liability from suits, actions or claims arising out of or occasioned
by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the
performance of this Agreement, each party shall contribute toward the satisfaction of the
liability its proportionate share, which share shall be equal to the percentage of
negligence attributable to the party
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, ENGINEER shall maintain
the following insurance
A Comprehensive General Liability Insurance with bodily injury limits of not less
than $500,000 for each occurrence and not less than $500,000 in the aggregate,
and with property damage limits of not less than $100.000 for each occurrence and
not less than SXO0,O00 in the aggregate
B Automobile Liability Insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with
property damage limits for not less than $100,000 for each accident
Page 18 of 22
C Worker's Compensatlon ]nsurance In accordance wtth statutory requlrements and
Employers' Liability Insurance wlth 11mtts of not less than $[00,000 for each
accident
D Professional Liability Insurance with limits of not less than $1,000,000 annual
aggregate
E Umbrella Insurance providing not less than $1,000,000 limits in excess of the
limits stated in items (A) through (D}
ARTICLE X1
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 temlnated 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 information
ARTICLE XIII
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
Page [9 of 22
hereby bound to the other party to this Agreement and to the partners, successors,
executors, admlnlstretors and legal representatives (and said assigns) of such other
party, In respect of all covenants, agreements and obligations of thls Agreement
Nelther the OWNER nor the ENGINEER shall assign, sublet or transfer any rtghts 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 may be ~estricted by law 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 tn 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
Nothlng under this Agreement shall be construed to glve any rtghts or benefits tn
this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and
responslbtlltles undertaken pursuant to thts Agreement will be for the sole and exclusive
benefit of the OWNER and the ENGINEER and not for the beneflt of any other party This
Agreement, consisting of pages ! to 23 wlth Exhibits as listed In Article XIX,
constitutes the entire Agreement between the OWNER and the ENGINEER and supersedes all
prior written or oral understandings This Agreement may only be amended, supplemented,
modlfled or canceled by a duly executed written Instrument
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 work, nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
Page 20 of 22
defect in the deslgn or other work prepared by the ENGINEER, its employees
subcontractors, agents, and consultants
ARTICLE XV
NOTICES
All nottces, communlcatlons, and reports required or per~Itted under this Contract
shall be personally delivered or mailed to the respective parties by depositing same In
the United States mall at the addresses shown below, certified mall, return receipt
requested unless and untll either party Is otherwise notlfled In wrltlng by the other
party at the following addresses Matled notices shall be deemed communicated as of
three days malllng
If tntended for the City, to If intended for the ENGINEER, to
Clty of Denton Alan Plumer and Associates, [nc
Attn Robert E Nelson, P E Attn John H Cook, P E
Executive Director for Ut111tles 210 West $1xth Street, Sulte 400
215 East McKlnney Street Fort Worth, Texas 76102
Denton, Texas 76201
ARTXCLE XVZ
A The following exhibits are attached to an made a part of this Agreement
EXHXBXT A - Schedule of Charges
B A waiver by either the ENGINEER or the City of any breach of a provision of this
contract shall not be binding upon the waiving party unless such waiver is in
writing in the event of a written waiver, such a waiver shall not affect the
waiving party's rights with respect to any other or future breach
Page 21 of 22
This contract ts executed In four counterparts
CITY OF DENTON, TEXAS
Bob ~astleberry, Mayor / ~_~
ATTEST
Jennifer Walters, City Secretary
APPROVED AS TO LEGAL FORM
Debra A Drayovltch, City Attorney
ALAN PLURMER AND ASSOCIATES, INC
Engineer
Jo~q/H Cook, P E , Vice President
ATTEST
A Lee Head, III, P E
Page 22 of 22
£XH~BIT A
SCHEDULE OF CHARGES
Staff Members (Salary x I 35) + (Salary x 1 755)
Resident Representation (Salary x 1 35) + (Salary x ! 355)
Salary is defined as the cost of payroll of engineers, drafters, stenographers,
surveyors, clerks, laborers, etc , for time directly chargeable to the Project (Salary
Cost is equal to ! 35 times salary )
Subconsu,ltants Charges Actual Cost Times Multiplier of 1 15
Resident Project Representative Automobile Allowance $400 per month
All Other Direct Expenses Actual Cost Times Multiplier of ! O0
Other direct expenses shall include printing and reproduction expense, co~m~unication
expense, travel, transportation and subsistence away from the Engineer's office, other
miscellaneous expenses directly related to the work, including costs of laboratory
analysis, tests, and other work required to be done by independent persons or agents
other than staff members or subconsultants
CHANGE ORDER [ CO ]
~ROJECTs Pecan Creek WWTP Improvements PROJECT NUMBERS
OWNER~ CITY OF DENTON~ TEXAS Owners U-102
ENGINEeRs Alan Plummet and Associate Inc Engineer~ 457-0425
CONTRACTOR* Gracon Construction Company Contractors 9203
CHANGE ORDER NOs 02 DATEs 11/11/92
The compensation agreed upon in this Change Order is a full, complete and final
payment for all costs the Contractor incurs as a result of or relating to this
change, whether said costs are known, unknown, foreseen or unforeseen at this
time, including without limitation, any costs for delay, extended overhead, ripple
or impact cost, or any other effect on changed or unchanged work as a result of
this change
CHANGE ORDER WORK TO BE PERFOR//ED
Time Extension Amount $
Proposed Contract
Modification in calendar Days
i Reference CMR No 21~ This CMR
~redits the City for a reduction
of the specified requirements in
the Owners Representative
witnessing the factory test of the
Aeration Equipment 0 <2350 00>
2 Reference PCM No 19 This PCM
credits the City for the cost
of the Owners Representative
witnessing the factory test of the
Aeration Equipment This credit is
planned per specifications 0 <1290 97>
3 Reference PCM 18 This PCM credits
the Owner for the cost in revising
the design of final clarifters 6 and
7 This credit is allowed for per
specifications 0 <6000 00>
TOTAL 0 calendar Days $<9640 97>
Previous Contract Amount $ 8,647,000 O0
Net Increase in Contract Amount
Including C O 1 <6~125 00> $ <15~765 97>
Revised Contract Amount$ 8,631,234 03
Net Change in Contract Time 0 Calendar Days
of Completion
Revised contract time of
completion 730 Calendar Days
CHANGE ORDER [CO] PA~, 3 o~' 3
Reco~ended by
Consulting Engineer Approved by Contractor
Date //- Z~ q~- Date //-W~
Approved by Manager of Construction Projects
for City of Denton, Texas
Approved by Purchasing Agent
for City of Denton, Texas
Approved by Director of Water Engineering and Operations
for City of Denton, Texas ($0 - 5,000)
Approve~by Exec~tiv~Director of Utilities
for City of Denton, Texas ($5,001 $14,999)
fo~dity of'Denton, T~xas ($15,000 and above)
7-5
CONTRACTOR'S MODIFICATION REQUEST [CMR]
OWNER CITY OF DENTON ~
PROJECT PECAN CREEK WWTP IMPROVEMENTS OWNER U102
CONTRACTOR (~RACON CONSTRUCTION INC CONTRACTOR 9203
ENGINEER ALAN PLUMMER AND ASSOCIATES, INC ENGINEER 457-0425
RESIDENT REPRESENTATIVE CLETE MARTIN Car NO 2~
NOTIFICATION BY CONTRACTOR
~ ARE PRONG TO MAKE 3HE CHANCE TO 3HE CONTI~ACT DESCRIBED IN 3HE A1TACHED MA]~RIALS
AHO REQUE~"'T 314AT YOU TAKE ~'~E FOLLOWING ACTION
[] NOlIF'Y US 33'~AT YOU CONCUR TI"IAT 11'tis CHANGE DOES NOT REQUIRE A CHANGE IN CONTI~ACT
TIME O1~ AMOUNT AND ISSUE A FiIrln ORDER
~' ISSUE A CHANCE ORDER FOR PERFORMING 3HE DESCRIBED CHANCE CHANCE IN CONTRACT AMOUNT
~ ARE INOIDA1L~'O IN AI'rACHED DETAILEO~.~,e~I~F/.~IBEAKOOWN,...,,.,.~ -- ~
[] ISSUE A CHANCE ORDER FOR TI-IE DESCRIBED CHANCE WI31..I PAYMENT AT 3HE UNIT PRICE BID
[] AUl14ORIZ~..~II[ {~93N~A~R TO PRO¢I~ WIll,'{ 1HE CHANCE UNDER TI'iE '11ME AND MA'I1~RIALS
ENGINEER'S RESPONSE
~ RES~ONO TO YOUR REQUEST AS FOLLOWS.
~'~ ~ CONCUR ]~IAT Ti'tiS IS A NO COST OR TIME CHANGE SEE ATrACHED FIELD ORDER
J~3iJR PRORO~AL IS RECOMMENOED TO ~HE O~NER SEE ATTACHED CHANCE OROER
[] PROCL~'~ WI1H 1HE CHANCE AT 3HE UNIT PRICE BID SI.~ ATi'ACHED CHANCE ORDER
[] PROCE~I~4 1HE. CHANI~ UNDER 11~E ~ll~lE ANO MAIERIALS PROVlBIONS OF/~HE CgNmACT
ACTION TAKEN
[] PRO~O~ CONTRACT MCOIFICATION REJ[CTED CONTRACTOR NOTIFIED NOT TO PROCEED
BY DA'T[,
a ORDER .o 0^4 , BY
FXHli~IT 7-1
Alan Plummet & As~.
201 Welt ~th 8tmat · Suite 400
R~: Oenmn,
~lon a~lpm~m
(3antllman;
We mm writing to aonflrm the offer that waa given to you by our
RaiOrelantmtlva(Mr. Jim llulllvmn) regarding tn. Ox,/gan l'ran.f~r Shop Teat,
We still (:ontlflCl that notification Will provlde,d to you before the fires Test
parform.d ~ we ~mh to accommodate you ~n thio matter and ~ir~fora ire
m~mmencllng this moMlon. 8mnttalm will met up one of the three test conditions
(CfithJmlr cllnlitl#) In the test tank encl Invite you to ooma and wfln#t the
the tilt with yOU wib'tllllflg, end If the tll~,lltl OT mtm tie are tlmtlmTw~mtn OWl
to that of the result· that we aohleved from the fires Teat. than we would tike
first 'llst to bP rlgmlecl mm vallcl, If tht reeultl of our testing am not similar to
the flrlt ?e~ we wlfl prooeed wis furthm' te~ng ~nd o~m' Qan~orm. The
tlrdetlva dtte for thl propoled telling la the week of O~ 1~,, 16g~,
Thl Contmot 8peotflcaltlonl realuire ua to Ir~tuda it~ ow "aaopl of supply" mil the
costal a#oolated with Mavlng · representative of the ~glneer ?om and wiln..#
the tiering. 1'he aotuel tearing too~c thre~(3) fUll days end what wo em propoalng
In t]lll litter writ only tike ono(~) day. O_up to this ?llang~....we ?iff. oi .hi. r ye.u.,._. _
alongwtth mil propolll, i c~i_ It of $~.36o 00.._Trill _or!a_.lt.l?mua#
Of B motll tray, two(S) Cll¥l of I I'tt"tttl ar, tW~[~'~ 43Byl ~T Trill I'tplllan~imvmm
tlm~(~ ~00 O01dmy) aha the ~3mt of two(2) dmya of tmmlng(~ $mOO.OO/dmy)
25- ~ ~JEI~ Ii ]~ D N DLblIIIE~ INC ~P__ ~3 817-558-4~-6 ~GB6 P05 ~
gANITAII::I!
Besides thll offiir of Ii ~'~ctlt, w~ w~ll lille fulfill the 8pe~ftoatlona end make
Ii,lane. motiil and riintal ~r reae~atlons for you or y~r mpreae~atlve to
~me o~ and ~ele the testing proposiid. We ~11 al~ PW for ~e ~1~
assoolated with thll travail.
We feel this to be an ad,ate ~y to se~le thai matter ~d be ~ll ~ p~ed
with the bel~= ~ the ~ Pteaee IM ue ~ y~r response to ~le m~er
or give ua a ~11 If you h~ queltiOne ~ ~me~.
R~V BY Xerox Telecopter 7020 ,10-2~-g2 , 16 55 , APA[/DENTON~ 2142228542,# 3
PROPOSED CONTRACT MODIFICATION [PCM]7-7
OWNER .._CITY OF DENTON
PROJECT p[CA, N CR£E?_ ~WWTP iMPEdiMeNTS O~ER UIO~ _
CON~AC~R ,,~RACON CONS~UC~ON INC. CON.ACTOR
~INEER ~LAN ~LUMM~R AND A~OCIA~S. INC -.-ENGINEER ~7-O425
, R~$1DENT R[PRESENTA~ CLE~ MAR~N ~CM NO
NO~RCA~ON TO CON~AC~R.
CON~ACT~'S
James L Altstaette~ P E
~ .~i]~IIOC~i, ~'C. Rb:h~J H Sm~h P E
ENVmONMENTAL/CIVIL ENGINEERS
October 26, 1992
Mr Ron Janson
Project Manager
Gracon Construction, Inc
P O Box 650756
Mesquite, Texas 75165-0756
Re' City of Denton
Pecan Creek Wastewater Treatment Plant Improvements
Job No UI02
PCM No 19-Factory witness Diffusers Tests
Dear Mr Janson'
is to credit tbs Ow.,r for.the
The purpose of this PCM .a Transfer Efficiency
e,pr.,.ntativ- ?Z$: lon Oiffu,,r, Tbi, 1'
facto test of tar ~an~ua~=_-_--- .e{~[cations, Bid No 1316,
ry eselectiun Sp ......
compliance wit~ .the.~2" _ ~.~. on System - Fine Pore ~e 1 05
Appendix B, Sec=ion ,~uo. ..__ti
ctober 12 and OctOber 13, 1992 Airplane
e Tests were conducted O same two days and was
Th ed during the
paid for in advance Dy ~an~ba~a ~
rental was to be paid in advance by Sanitaire but was instead paid
for by the Owners Representative
1200 00
2 DAYS Labor ~ $600/DAY 25.00
1 DAY Meals ~ $25/DAY 65 97
CAR RE~T~
TOTR~
please sign, date and return the attached PCM form, to indicate
that you agree with this cost breakdown so that a deductive Change
order may be processed If you have any questions, do not hesitate
to call
Sincerely,
ALAN pT.UMMER AND ASSOCIATES,
Cletus R Martin
Resident project Representative
xc' Mr Dave Ham, City of Denton
Mr A T.ee Head III, P E , Alan plummet and Aesociates, Inc
File 457-0425 D 20
File 457-0420 D 20
S NT BY,Xerox Te~ecopie? ?020 ,10-23-B2 , 11 01 , 214222B5~2~ APAI/DENTON,# 4
James L AIt~taettet P E
JohnH Cook PE
AlanH ~umme~ Jr PE
~ ~, ~' Richard H SmHh P E
~VIRONMENTAL/CIVIL ENGINEERS
October 22, 1992
Mr Ron Janson
Project Manager
~racon Construction,
P O Box 8§0756
Mesquite, Texas 75185-0756
Re City of Denton
pecan Creek Wastewater Treatment plant Improvements
Job NO U102
PCM NO 18-Redesign Final Clarifier No 6 and 7
Dear Mr Janson
o osed Contract Modification (PCM) is to
The urpose of this Pr.p .....
cred~ the (~ner, throu~..~ deu~zve u--~ONo -6 and 7 This
revising the design o: the Final .~la~-~o~-Drawing Submittal
design revision became apparent
process The total cost for the re-design and re-drafting of the
appropriate sheets is $6000 00
please sign, date and return the attached PCM form, to indicate
that you agree with this cost This work will be done as soon as
possible No contract time extension is allowed for this work
Sincerely,
ALAN PLUMMER AND ASSOCIATES,
Cletus R, Martin
Resident project Representative
CRM lc
cc Mr Dave Ham, City of Denton
Mr A Lee III, P E , Alan plummet and Associates, Inc
~lle 457-0425 D.20 & F 3 SD-36
File 457-0420 D 20 & F 3 SD-36
ALAN PLUMMER
, AND ASSOCIATES, INC
210 West 6th Street State 400
FORT WORTH TEXAS 76102
ARE SENDING YOU ~ffach~ Q Under separate cover wa~ _the lollo~i.i it~ms
~ Shop drawings ~ Prints ~lans ~ Samples ~ Specifications
~ Copy of letter ~ Chan~e order ~ '-
....
THE~E ARE TRAN~I~ED a~ c~ck~ ~1~
~For your use ~ Approv~ as not~ ~ Submit. ,.copies for distribution
_~r~ prints
~ As r~uest~ ~ Return~ for corrections ~ Return.
~ For review and comment ~ 19 ~ PRINTS RETURNED A~ER LOAN TO US
~ FOR BIDS DUE
REMARKS
coPY To~57-af~'~ /2, Zo s~G.ED
ITEM ACCOUNT NUMBER UNIT8 NUMBER DESCRI~ION BID NO LINE AMOUN
[ c7 3~2 CR~7 U[ ~ gl~[ ~.~) FLhDING ~
TOTAL Ff'h
The City of Denton, Te~as Is allt~ exempt-House andBlll NOlnvoloes20 , ~
Reference P O Number on BIL, Shipments~~
Shipments are F O B ~Olty of Denton, oraa Indicated
R R Number Items Received Date Voucher Number Amount