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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