Loading...
2013-168ORDINANCE NO. 2013-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES, BY AND BETWEEN CP&Y, INC. AND THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5045-PROVIDING FOR AN ADDITIONAL EXPENDITURE AMOUNT NOT-TO-EXCEED $97,200 WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $232,200 FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR THE SOLID WASTE DEPARTMENT). WHEREAS, the City Council deems that it is in the public interest to continue to engage the engineering firm of CP&Y, Inc. (hereafter "CP&Y"), of Dallas, Texas to provide professional engineering and design consulting services for the City of Denton, Texas that are related to the Denton Solid Waste Division; and WHEREAS, the Public Utility Board of Denton considered this item at its June 10, 2013 meeting and recommended approval by a vote of 6-0; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the further above-referenced professional engineering services, and that limited City staff cannot adequately perform the specialized services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, lcnowledge, and qualifications, and for a fair and reasonable price; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS: SECTION 1. The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2. The City Manager is hereby authorized by the City Council to execute a"First Amendment to Professional Services Agreement for Engineering Firm" (the "First Amendment") with CP&Y, Inc., Dallas, Texas, for further professional engineering and design services related to professional services necessary for the Solid Waste Division, for an additional fee of not-to-exceed $97,200 (with the previous Agreement, totaling a fee not-to- exceed $232,200); in substantially the form of the "First Amendment" that is attached hereto, which is incorporated herewith by reference. SECTION 3. The award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of CP&Y and the demonstrated ability of CP&Y to perform the services needed by the City for a fair and reasonable price. SECTION 4. The expenditure of funds as provided in the attached Agreement is hereby authorized. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �'� day of '�,� � , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY a : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � By: � A. BIIRROU�HS, MAYOR THE STATE OF TEXAS ) ) COUNTY OF DENTON ) FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING FIRM THIS FIRST AMENDMENT TO AGREEMENT is made and entered into as of the � day of , 2013, by and between the City of Denton, Texas, a Texas municipal corpor tion, ith its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and the firm of CP&Y, Inc., with its corporate office at 1820 Regal Row, Suite 200, Da11as, Texas 75235, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives and officers. In consideration of the covenants, promises and the agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF ENGINEERING AND DESIGN PROFESSIONAL The Owner has previously contracted with the firm of CP&Y, Inc., (hereafter "CP&Y") on September 11, 2012 by a Professional Services Agreement for Engineering Firm" (hereafter the "Agreement"), in the not-to-exceed amount of $135,000, said firm also being hereafter referred to as "Design Professional," being a licensed Texas engineering firm, and planning consultant, and being an independent contractor. The City Council approved said Agreement by Ordinance No. 2012-222. Now the Design Professional hereby agrees to perform the additional services as described herein and in the Design Professional's Proposal dated June 4, 2013, being limited to those taslcs described therein in Exhibit "A" attached hereto —"Proposal for Professional Services — General Engineering Services;" the General Conditions made a part hereof, and other attachments to this Agreement that are referenced herein, in connection with the Projects. SECTION 2 TERM OF AGREEMENT Time is of the essence in this Agreement. Design Professional shall begin work immediately upon the issuance of a notice to proceed from the Owner and shall complete all worlc in a timely manner in accordance with the time allotted for each task as established by the General Manager, Solid Waste Department and the Design Professional. All taslcs are to be completed within the schedules established by the General Manager, Solid Waste Department and the Design Professional, unless the time for completion has been extended by the General Manager, Solid Waste Department. Page 1 SECTION 3 COMPENSATION The Owner shall compensate the Design Professional as follows: 3.1 BASIC SERVICES. 3.1.1 Far Basic Services under the original "Agreement," the total compensation including reimbursable expenses was not-to-exceed $135,000 based on the hourly rates for services shown in Exhibit "A" and Section 3.2.1. For Basic Services regarding this "First Amendment to Professional Services Contact for Engineering Firm" (hereafter the "First Amendment") total compensation shall be increased by the sum of $97,200 set forth in Exhibit "A" attached hereto and incorparated herewith by reference. The total not-to-exceed amount of this First Amendment is $232,200. 3.1.2 Design Professional services sha11 be invoiced to the Owner monthly. Progress payments shall be paid to the Design Professional monthly for the Basic Services invoiced and satisfactorily completed. 3.2 ADDITIONAL SERVICES. 3.2.1 Compensation for professional services is as follows per Exhibit "A" (through December 31, 2013): Principal Senior Associate Engineer Senior Engineer Project Engineer Engineer in Training Drafter/Technician Clerical/Administrative $185-230 per hour $170-215 per hour $135-180 per hour $95-150 per hour $75-115 per hour $55-95 per hour $35-65 per hour 3.2.2 Compensation for Additional Services of consultants, including any additional structural, mechanical and electrical engineering services shall be based on a multiple of 1.0 times the amounts billed to the Design Professional for such additional services. 33 REIMBURSABLE EXPENSES. Reimbursable Expenses shall be a multiple of 1.0 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions. Page 2 SECTION 4 ENTIl2E AGREEMENT This First Amendment includes the terms of the original Agreement, as well as the following documents, all of which are attached hereto and made a part hereof by reference as if fully set forth herein: City of Denton General Conditions to Agreement for Architectural ar Engineering Services. 2. Exhibit "A" – Proposal for Professional Services – General Engineering Services - Fiscal Year 2013 (Letter to Vance Kemler, General Manager, Solid Waste Department dated June 4, 2013) These documents make up the First Amendment Agreement documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the First Amendment Agreement documents, the inconsistency or conflict shall be resolved by giving precedence to this First Amendment to Professional Services Agreement for Engineering Firm, then to the Agreement documents in the order in which they are listed above. This Agreement is signed by the parties hereto effective as of the date first above written. ATTEST: JENNIFER WALTERS, CITY SECRETARY , By: APPR VED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: .: � Page 3 • �L► � CITY OF DENTON, TEXAS A Texas Municipal Corporation — / � �.�r �e��7' :-1L1_' : _ _ CITY MANAGER ATTEST: By: �,� • � Page 4 "DESIGN PROFESSIONAL" CP&Y,1NC. A Texas Corporation By: �� . WILLIAM E. CARROLL, P.E. Its Senior Vice President CITY OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCHTTECTURAL OR ENGINEERING SERVICES ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 11 The Architect or Enginee�'s services consist of those services for the Project (as defined in the agreement (the "AgreemenY') and pinposal (the "Proposal") to which these General Conditions are attached) performed by the .Ai�chitect or Engineer (hereinafter called the "Design ProfessionaP') or Design Professional's employees and consultants as enumerated in Aitides 2 and 3 of these Geneial Conditions as modified by the Agreement and Proposal (the "Services"). 11 The Design Professional will perform all Seivices as an independent conhactor to the prevailing professional standa�s consistent with the level of care and skill ordinarily exercised by membeis of the same profession cuirently practicing in the same locality under similar conditions, including reasonable, informed jud�nents and prompt timely actions (the "Degree of Care"). The Services shall be perfonned as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Projact. Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Piroject proceeds, and sk�all include allowances for periods of time required for the Owner's review and for approval of submissions by authoiities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both paities. ARTICLE 2 SCOPE OF BASIC SERVICES 21 BASIC SERVICES DEFIlVED The Design ProfessionaPs Basic Services consist of those described in Sections 2.2 through 2.6 ofthese General Conditions and include without limitation nonnal stnzchual, civil, mect�anical and electrical engineering se�vices and any other engineering services necessary to produce a complete and accurate set of Constcuction Documents, as described by and required in Section 2.4. The Basic 5ervices may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owne�'s needs and to estabGsh the requireinents for the Project. 2.2.2 The Design Professional shall pirovide a preliminaty evaluation of the Owners program, construction schedule and construction budget requirements, each in tenns of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the Owner alte�native approaches to design and conshuction of the Project. 2.2.4 Based on the tnutually agreed-upon program, schedule and constiuction budget requirements, the Design Professional shall prepare, for approval by the Owner, Schemaric Design Documents consisting of diawings and other documents illustrating the scale and relationship of Pinject components. The Schemafic Design shall contemplate compliance with all applicable laws, statutes, ocdinances, codes and regtilations. 2.2.5 The Design Pirofessional shall submit to the Owner a preliminary detailed estunate of Conshuction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in conspucting the Project and establishes an elapsed tnne factor for the period of tnne fi•om the conunencement to the completion of constnzcNon. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Sche�naric Design Docuinents and any adjushnents authorized by the Owner in the program, schedule or constiuction budget, the Design Professional shall prepare for approval by the Owne�•, Design Development Documents consisting of drawings and other documents to fuc and describe the size and chaiacter of the Pinject as to a�hitectural, structuial, mechanical and electrical systems, materials and such other ele�nents as may be appropriate, which shall comply with all applicable ]aws, statutes, ordinauces, codes and regularions. Notwithstanding Owner's approval of the documents, Design Professiona] represents that the Documents and specifications will be sufficient and adequate to fulfill the puiposes of the Project. 2.3.2 The Design Pirofessional shall advise the Owner of any adjushnents to the preliininary estimate of Const�uction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.41 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the const�uction budget authoiized by the Owner, the Design Piofessional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the constnzction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.41 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement infonnation, bidding or pmcurement fonns, the Conditions of the contract, and the fonn of Agireement betrveen the Owner and contractor. 2.4.3 The Design Professional shall advise the Owner of any adjushnents to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professiona] shall assist the Owner in connection with the Owner's responsibility for filing documents required for the appmval of govermnental authoiities having jurisdicdon over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREl1�NT 2.5.1 Tlie Design Professional, following the Ownei's approval of the Constiuction Documents and of the latest preliminary detailed estimate of Constiucrion Cost, shall assist the Owner in procuring a constniction contiact for the Project through any procurement method that is legally applicable to the Project including without Page 5 limitation, the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of ttte Owner. 2.5.2 If the constniction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Finbable Constniction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Conshuction Documents as may be requimd by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total constmction cost set fo�th in the approved Detailed Statement of Probable Conshuction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Design Professional's responsibility to provide Basic Seroices for the Conshuction Phase under this Agreement commences with the award ofthe Conriact for Conshuction and terminates at the issuance to the Owner of the fmal Certificate for Payment, unless extended under the terms of Subsecrion 83.2. 2.6.2 The Design Professional shall provide detailed administration of the Contract for ConsGuction as set Fotth below. For design professionalss the adminisUation shall also be in accot�dance with AIA document A201, Genecal Conditions of the Contract for Conshuction, cun�ent as of the date of the Agreement as may be amended by the City of Denton special conditions, unless othenvise provided in the Agreement. For engineeis the adminishation shall also be in accordance with the Standaid Specifications for Public Works Construction by the North Ce�tral Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided in the Agi�ee�nent. 2.6.3 Conshuction Phase duties, responsibilities and limitarions of authority of the Design Professional shall not be restiicted, modified or extended without written agreement of the Owner and Design ProFessional. 2.6A The Design Professional shall be a representative of and shall advise and consult with the Owner (1) duiing conshuction, and (2) at the Ownei's direction from tune to time during the correction, or warranty period described in the Contract for ConstrucUon. The Design Professional shall have authoiity to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless othe�wise modified by written instnxment. 2.6.5 The Design Professional shall observe the constnACtion site at least one time a week, while constnACtion is in prugress, and as reasonably necessary wlrile construction is not in progress, to becoine familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the Design Professional sball keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care and diligence in discove�ing and promptly reporting to the Owner any observable defects or deficiencies in the work of Conhactor or any subcontractois. The Design Professional represents that he will follow Degree of Care in peifonning all Services under the Agreement. The Design Professional shall promptly correct any defective designs or specifications fumished by the Design Professional at no cost to the Owner. The Owne�'s appmval, acceptance, use of or payment for all or any part of the Design Pmfessional's Seivices hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the Ownei's rights he��eunder. 2.6b The Design Professional shall not have control over or charge of and shall not be responsible for constmcrion means, methods, techniyues, sequences or procedures, or for safety precautions and pingtams in connection with the work The Design Professional shall not be nesponsible for the Contractoi's schedules or failure to cany out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional st�all not have conu�ol over or charge of acts or omissions of the Conhactor, Subcont�actors, or their agents or employees, or of any other peisons perfonning portions of the work. 2.6.7 The Design Professional shall at all tnnes have access to the work wherever it is in preparation or proa�ess. 2.6.8 Except as u�ay otherwise be provided in the Contract Documents or when direct coitununications have been specially authorized, the Owner and Contiactor shall cominunicate through the Design Professional. Coimnunications by and with the Design PinfessionaPs consultants shall be tlunugh the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contiacto�'s Applications for Paytnent, the Design Professional shall review and ceitify the amounts due the Contractor. 2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Conhactor's Application for Payinent, that the work has progressed to the poin[ indicated and tbat the quality oF the Work is in accoidance with the Contract Documents. The foregoing representaUons are subject to minor deviations from the Contract Documents cor- rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate for Payment shall fiuther consUtute a representation that the Conhactor is entitled to payment in the amount certified. However, the issuance of a Ce�tificate for Payment shall not be a representation that the Design Professional has (1) reviewed construction means, methods, techniques, sequences or pmcedures, or (2) ascertained how or for what puipose the Conhactor has used money previously paid on account of tbe ConUact Siun. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not confonn to the Conttact Documents. Whenever the Design Ptofessional consideis it necessary or advisable for implementation of the intent of the Conhact Documents, the Design Professional will have authoiity to requu�e addirional inspection or testing of the work in accotdance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neiflier this authority of the Design Professional nor a decision made in good faitl� either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material and equipment supplieis, their agents or employees or other peisons perfonning portions of the work. 2.612 The Design Professional shall review and approve or take other appropiiate action upon Conhactoi's submittals such as Shop Drawings, Pmduct Data and Samples for the puipose of (1) determining compliance with applicable laws, statutes, on�3inances and codes; and (2) detennining whether or not the work, when completed, will be in compliance with the requiretnents of the Conhact Documents. The Design Professional shall act with such reasonable promptness to cause no delay in the work or in the const�uction of the Owner or of sepatate cont�actois, while allowing sufficient t'vne in the Design Professional's professional judgment to pennit adequate review. Review of such submittals is not conducted for the purpose of dete�iiriiilng the accmacy and completeness of other details such as dimensions and quanNties or for substantiating insriuctions for installation or perfonnance of equipment or systems designed by the Contractor, all of which remain the responsibiGty of the Conhactor to the extent required by the Conriact Documents. The Design Professional's review shall not constitute approval of safety precautions or, unless othenvise specifically stated by the Design Professional, of constnxction means, methods, techniques, sequences or procedures. The Design Professional's appioval of a specific item st�all not indicate approval of an assembly of which the item is a componenk When professional certification of pei%rmance chaiacteiistics Page 6 of materials, systems or equipment is reyuired by the Contract Docuinents, the Design Professional sball be entitled to rely upon such ceitification to establish that the mateiials, systems or equipment will meet the pertonnance criteiia reyuired by the Conhact Documents. 2.6.13 The Design Professional shall prepare Change Otdeis and Conshuction Change Directives, with supporting documentation and data if deemed necessary by the Desig� Professional as provided in Subsections 3.1.1 and 333, for the Owner's approval and execution in accordance with the Conhact Documents, and may autho�ize minor changes in the work not involving an adjustment in the Contiact Suin or an extension of the Contract Time which are not inconsistent with the intent of the Connact Documents. 2.6.14 On behalf of the Owner, the Design Professional st�all conduct inspections to detennine the dates of Substan[ial Completion and Final Completion, and if requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design ProFessional will receive and review wiitten guarantees and related documents required by the Contract for Consriuction to be assembled by the Contractor and shall issue a final ceititicate for Payinent upon compliance with the requirements of the Contract Documents. 2.6.15 The Design Professiona] shall interpret and provide rewtnmendations on matteis conceming pei%rmance of the Owner and Contractor under the requn•ements of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any tnne limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable frotn the Conhact Documents and shall be in writing or in the foim of drawings. When making such intetpretarions and inirial decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretarions or decisions so rendered m good faith in accordance with all the provisions of tltis Agreeinent and in the absence of negligence. 2.6.17 The Design Professiona) shall render v�nitten decisions within a reasonable time on all claims, disputes or other matteis in question betrveen the Owner and Contractor relating to the execution or progress of the work as provided in the Contiact Documents. 2.618 The Design Professional (1) sl�all render services under the Agreement in accordance with the Degree of Care; (2) will reimbwse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by aclrnowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide tlie Owner with four sets of reproducible prints showing all significant changes to the Consnuction Documents during the Conshuction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAI, 31.1 The services desctibed in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation For Sasic Services. The services described under 3ections 3.2 and 3.4 shall only be pirovided if authorized or confimied in writing by the Owner. If services described under Contingent Additional Services in Section 33 are required due to ci�umstances heyond the Design Professional's control, the Design Professional shall notify the Owne�• in writing and shall not commence such additional services until it receives written approval from the Owner to proceed. If the Owne�� indicates in writing that all or paR of such Contingent Additional Services are not required, the Design Piafessional shall have no obligarion to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Seivices only if they are not requn•ed due to the negligence or fault of Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERV[CES 3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall pinvide one or more Project Representarives to assist in canying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as agreed by the Owne�• and Design Professional. 3.3 CONTINGENT ADDIT[ONAL SERVICES 3.31 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1, inconsistent witli approvals or instntctions previously given by the Owner, including revisions made necessary by adjustments in the Owne�'s program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owne�'s failure to render decision in a timely manner. 3.3.2 Providing services reyuired because of significant changes in the Project including, but not lunited ro, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.52. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and p�nviding other services in connection with Change Ordeis and Const�uction Cbange Directives. 3.3.4 Provid'mg consultarion concerning replacement of work dainaged by fire or other cause during conshuction, and fumishing services raquired in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perfoi7nance of either the Owner or Cpntractor under the Contract for Construction. Page 7 3.3.6 Providing services in evaluating an extensive number of clanns submitted by d�e Contracior or othecs in connection with the work. 3.3.7 Providing services in connection with a public hearing, a�fiitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those mquired by Article 2 for preparing documents for altemate, sepatate or sequential bids or providing services in connecrion with bidding or conshucrion prior to the completion of the Constnaction Documents Phase. 3.3.9 Notv✓ithstanding anything contained in the Agreement, Proposal or these Gene�al Condirions to the conhary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be perfonned by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensarion due the Design Pmfessional for the Basic Services. The intervening or concurrent negligence of the Owner sball not limit the Design Professional's obligations under this Subsection 3.3.9. 3.4 OPTIONAL ADDTTIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or compaiative studies of prospective sites. 3.4.3 Providing special surveys, enviromnental studies and submissions required for approvals of goverrunental authorities or otheis having jurisdiction over the Project. 3.4.4 Providing se�vices relative to future facilities, systems and equipment. 3.4.5 Providing services to invesrigate existing conditions or facilities or to make measured dtawings thereof. 3.4.6 Providing services to verify the accuiacy of drawings or other information fuinished by the Owner. 3.4.7 Providing coordination of constiucrion performed by separate contractors or by the Owne�'s own forces and coonlination of services required in connection with consh-ucrion performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, invento�ies of tnaterials or equipment, or valuarions and detailed appiaisals of e�sting facilities. 3.4.12 Providing assistance in the utilizarion of equipment or systems such as testing, adjusting and balancing, prepararion of operation and mainteoance manuals, training peisonnel for operation and maintenance and consultation during operation. 3.413 Providing interior design and snnilar services required for or in connection with the selection, procurement or installation of fumiture, fumishings and related equipment. 3.4.14 Pinviding services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Wan'anty period of the Contract for Consnuction. 3.4.15 Providing seivices of consultants for other than a�hitectu�al, civil, shuclutal, mechanical and elecriical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otheiwise included in this Agreement or not customarily fuinishad in accordance with generally accepted arohitectural practice. 3.4.17 Preparing a set of reproducible record diawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con- stiuction based on marked-up prints, diawings and other data fumished by the Contractor to the Design Protessional. 3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these Geneia] Condirions to the contrary, all services described in this .Atticle 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be perfonned by the Design Professional as a part of the Basic Services under the Agreement with no addirional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concun•ent negligence of the Owner shall not limit the Design Professional's obligarions under this Subsection 3.4.18. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Design Professional regarding requirements for die Project, includ'mg (I) the Owners objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in 5ubsection 2.2.1. 4.2 Tl�e Owner shall estabGsh and update an overall budget for the Project, including the Constntction Cost, the Ownei's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Design Professional, the Owner shall fmnish evidence that fmancial anangements have been made to fullill the Owner's obligarions under this Agreement. 4.4 The Owner shall designate a representative authoiized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Desigi Professional in oider to avoid unreasonable delay in the oiderly and sequenfial progress of the Design Professional's services. Page 8 4.5 Where applicable, the Owner shall fumish surveys describing physical cha�acteiistics, legal lnnitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as appficable, grades and lines of streets, alleys, pavements and adjoinnig property and stn�ctures; adjacent drainage; rights-of-way, restrictions, easements, encroac{unents, zoning, deed restrictions, boundaries and contours of the site; bcations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and infoimation conceming available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the suivey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall fumish the services of geotechnical engineers when sucb seivices are requested by the Design Professional. Such services may include but aze not l'united to test borings, test pits, detern�inations of soIl bearing values, perooiadon tests, evaluadons of hazardous materials, ground corrosion and re- sistivity tests, including necessary operations for anricipating sub-soil conditions, widi reports and appropiiate professional recommenda6ons. 4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design Professional and are not retained by the Design Pinfessional as part of its Basic Services or Additional Services. 4.7 When not a part of the Addirional Setvices, the Owner shall fumish stmctural, mechanical, chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for tl�e Project, including auditing services the Owner may reyu'v�e to ve�ify the Contractor's Applications for Payment or to ascertain how or for what pu�poses tlie Contractor has used the money paid by or on behalf of the Owner. 49 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fuinished at the Owner's expense, and the Design Professional shall be entitled to rely upon the accutacy and completeness thereof in the absence of any negligence on the part of the Design P�nfessional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Conhact Documents. 4.11 Design Professional sball propose language for certificates or certifications to be requested of the Design Pinfessional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certificatio�s that would require knowledge or se�vices beyond the scope of the Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 CONSTRUCTION COST DEFiNED 5.11 The Cons[ruction Cost shall be the total cost or estunated cost to the Owner of all elements of the Project designed or specified 6y the Design Pmfessional. 5.11 The Constnxction Cost shall include the cost at cwrent market iates of labor and materials fuinished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contiactoi's overhead and profit. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time of bidding and for changes in the work during conshuction. 5.13 Construcrion Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided 'm Puticle 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.21 Evaluations of the Owne�'s Project budget, preliminary estunates of Constiuction Cost and detailed estnnates of Consriuction Cost prepared by the Design Professiona] represent the Design Ptnfessional's best judgtnent as a design professional familiar widt the conshuction indusUy. It is recognized, however, that neither the Design Professional nor the Owner Uas control over the cost of labor, materials or equipment, over the Conriacto�'s methods of detennining bid prices, or over compeUtive bidding or market conditions. Accotdingly, the Design Professional cannot and does not wanant or represent that bids or cost proposals will not vary from the Owne�'s Project budget or from any estnnate of Constcucrion Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit oF Constiuction Cost shall be established as a condirion of the Agreeinent by the fumishing, pinposal or establishment of a Project budget, unless such fixed lunit has been agreed upon in writing and signed by the parties thereto. [f such a fixed limit has heen established, the Design Professional shall be permitted to include contingencies for design, bidding and piice escalation, to detennine what mate�ials, equipment, component systems and types of constntction are to be included in the Conhact Docuinents, to make reasonable adjustments in the scope of the Project and to include in die Contract Documents altemate bids to adjust the Conshuction Cost to the fixed lnnik Fixed limits, if any, shall be increased in the amount of an increase in the Conhact Sum occuning after execution of the Contract for Consnuction. 5.2.3 ff the Procurement Phase has not cotmnenced within 90 days after the Design Professional submits the Conshuction Documents to the Owner, any Project budget or fixed limit of Conshuction Cost sball be adjusted to retlect changes in the generallevel of prices in the constiuction industry between the date of submission of the Conshuction Documents to the Owner and the date on which proposals a�•e sought. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design ProfessionaPs sen+ice and shall become the pioperty of the Owner upon teimination or completion of the Agreement. The Desi� Professiona] is entitled to retain copies oF all such docutnents. Such documents are intended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole iisk and expense. In the event the Owner uses any of the infonnarion or materials developed puisuant to the Agreement in another project or for other puiposes ttian are specified in the Agreement, the Design Professional is released finm any and all liability relating to their use in d�at project 6.2 Subinission or distribution of docmnents to meet official regulatory requirements or for similar puiposes in connection with the Project is not to be consttued as publication in derogation of the Desigi Professional's reserved iights. Page 9 ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 The Design Professional may temiinate the Ageement upon not less than tMrty days written notice should the Owner fail substantially to perform in accoidance with the tenns of the Agreement thmugh no fault of the Design Professional. Owner may teiminate flie Agreement or any phase tt�ereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the end of the thirty (3o) day period, Design Professional shall invoice the Owner for all work it satisfactorily perfonned piior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon tennination of the Agreement and shall be promptly delivered to the Owner in a reasonably oiganized foim. Should Owner subsequently conttact with a new Design Professional for continuation of services on the Pinject, Design Professional shall cooperate in providing information. 7.2 ff the Pinject is suspended by the Owner for more than 30 consecutive days, the Desig� Professional shall be compensated for services satisfactorily perfonned piior to norice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incurred in the intettuption and resumption of the Design Professional's services. 73 The Agreetnent may be teniwiated by the Owner upon not less than seven days written notice to the Design Professional in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner may tenninate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professiona] for wark satisfactorily completed in accordance with the Agreement shall be considered substantial non- perfom�ance and cause for tennination. 7.5 [f the Owner fails to make payment to Design Professional within thiity (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend pei�tonnance of services under the Agreement. 7.6 In the event of teivunarion not the fault of the Design Professional, the Design Professional shall be compensated for setvices pmperly and satisfactorily perfonned piior to termination. ARTICLE S PAYIVIENTS TO THE DESIGN PROFESSIONAL 81 DIRECT PERSONNEL EXPENSE 811 Direct Peisonnel Expense is defined as the direct salaries of the Design Professional's peisonnel engaged on the Project and the portion of the cost of then- mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insutance, sick leave, holidays, vacarions, pensions and sunilar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.21 Reimbuisable Expenses are in addition to compensation for Basic and Additional Se�vices and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the following Clauses. 8.211 Expense of transportation in connection with the Project; expenses in connection with authoiized out-of-town tiavel; long-distance communications; and fees paid for secuiing approval of authorities having jurisdicrion over the Project. 8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Dtawings, Specifications and other documents. 8.21.3 If authorized in advance by the Owner, expense of overtime work requuing higher than regular rates. 8.2.1.4 Expense of rendeiings, models and mock-ups requested by the Owner. 8.21.5 Expense of computer-aided design and dtafting equipment time when used in connection with the Project. 8.2.1.6 Other expenses that are approved in advance in writing by the Owner. 8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 8.31 Payments for Basic Services shall be made monttily and, where applicable, shall be in proportion to services pet%nned within each phase of seroice, on the basis set forth in Section 3 of the Agreement and the schadule of work. 8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or extended through no fault of the Desigi Professional, compensation for any services rendered during the additional petiod of time shall be computed in the manner set forth in Section 3 of the Agreement. 8.3.3 When compensation is based on a pei�entage of Constiuction Cost and any portions of the Project are deleted or otheiwise not constructed, coinpe�sation for those poRions of the Project shall be payable to flie extent services are pei%rmed on those portions, in accordance with the schedule set forth in Section 3 of the Agreement based on (1) the lowest bona fide bid or (2) if no such bid or ptnposal is received, the most recent prel'vninary estimate of Constiuction Cost or detailed estimate of Constmcrion Cost for such portions of the P�vject. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbmsable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or expenses incun•ed. S.5 PAYIVIENTS WITHHELD No deductions shall be made fi-om the Design Professional's compensation on account of penalty, liquidated damages or other sums withheld finm payments to conhactois, or on account of the cost of changes in the work other than those for which the Design Professional is responsible. Page 10 8.6 DESIGN PROFESSIONAL'S ACCOiINTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Rennbmsable Expenses and expenses pe�taining to Additional Services and services perFonned on the basis of a multiple of Direct Petsonnel Expense for inspection and copying during regular business houis for three yeais after ihe date of the final Certificate of Payment, or until any lirigation related to the Project is final, whichever date is later. ART[CLE 9 INDENINITY 9.1 The Design Professional shall indemnify and save and l�old ha�mless the Owner and its officers, agents, and employees from and against any and all Gability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attomey fees incun�ed by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholdeis, agents, or employees in the pei%rmance of the Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental iinmunity, which defenses are hereby expressly resetved. ART[CLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the 5tate Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: 10.1 Comprehensive Geneial Liability Insuiance with bodily injury limits of not less than $1,000,000 for each occun•ence and not less than $2,00�,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less tban $500,000 for each accident, and with property damage lunits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with liuvts of not less than $1,000,000 annual aggregate. 10.5 The Design Pmfessional shall fuinish inswance certificates or insurance policies to the Owner evidencing insu�ance in coinpliance with this Paticle 10 at the time of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insuiance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the change or cancellation, fumish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE 11 NIISCELLANEOUS PROVISIONS 11.1 The Agreement sl�all be governed by the laws of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County, Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partne�s, successors, assigns and legal representatives to the other paity to this Agi�eement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without the wi7tten consent of the Owner. ll.3 The tenn Agreement as used henein includes the executed Agreement, the Proposal, these General Conditions and othe�• attachments referenced in Section 3 of the Agreeinent which together represent the enta•e and integrated agreement between the Owner and Design Professional and supeisedes all piior negotiations, representations or agreeinenis, eiflier written or oral. The Agreement may be amended only by written instiument signed by both Owner and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Condirions and the other attaclunents referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should tbe pirovisions of these documents be in conflict so that they can not be reasonably hannonized, such docutnents shall be givec� piiority in the following order: I. The executed Agreement 2. Attachments referenced in Section 3 of the Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create a contiactual relationship with or a cause of action in favor of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Desi� ProFessional shall have the iight to inchide representations of the design of the Project, including photographs of the exterior and interior, among the Design Professional's promodonal and professional mateiials. The Design Professional's materials shall not include the Owner's confidential or pinprietary informarion if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall pinvide professional credit for the Design Professional on the constmction sign and in the promoUonal materials for the Project. ll.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the Design Professional, its employees, associates, agents, subconhactors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsi6ility by the Owner for any defect in the design or other work prepared by the Design Pmfessional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on the Agreement, certified mail, retui�n receipt requested, unless otherwise specified herein. All notices shall be deemed effecrive upon receipt by the party to whom such notice is given, or within three (3) days after mailing. Page 11 11.8 If any provision of the Agreeinent is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 11.9 The Design Professional shall comply with aIl federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended duiing the tenn of tlus Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not disciuninate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive tenns or conditions of the Agreement. Page 12 Exhibit,4 Pnrtners for a Botlar Quulity+ of Li(e ��, June 4, 2013 Mr. Vance Kemler � Manager, Solid Waste Services C1ty o€ Denton 1527.S. Mayhill Rflad Denton, Texas 76208 Re: Amendment 1- Proposa! for Prafessianal Services General �ngineering Services �iscal Year 2013 Dear 1lance, CP&Y, Inc. presents this Amendment No. 1 fo our current proposal to provide professional services to assist fhe City with fhe ongoing projects cammenced during the fiscal year of 209 3. The period of service covered by this Amendmen# shall run through September 30, 2013 (encf of FY2Q� 3). Scope of Serv9ces To date in �Y2Q13, CP&Y has performed work on the foll�wing sigRificant projacts; • Landfill Perimeter Screening Wall • Adminisiration Parking Improvements and Solar Array Support Structure � Lancffill Cell 4/5, Landfill Gas Cailection Expansion, Norfh Pond Spillway • Grease and Grit Trap Processing Facility Permitfing • Landfill Gas Well & ELR lnjection We[I Desi�n Of the above mentioned projects, there is future work required this FY to bring them to completion. We propose to compfete the following scope items �urirtg the remainder of �Y2013; • Task 1 . Landfill Perimeter Screening Wafl � o As needed constructian assistance Task 2 • l.andfill Celi �15, [.andfill Gas Collecfion Expansion; North Pond Spillway o Complete Bid Phase Services including: � Review of City of Denton Bid Documents l820 Hegai Aow, Suite 204 Dallas, Texas 75235 214.638.a500 � 214.638,3723 fax www.cpyi.cont Page 1 of 3 Mr. Vance Kemler 5/30/2013 ■ Attend a Pre-Bid Meeting ■ Respond to Contractors' questions ■ Issue Addenda as necessary ��', #� � Task 3 • Grease and Grit Trap Processing Facility Permitting o Complete Permitting Process including responses to NOD 1 and expected NOD 2 Task 4 • Landfill Gas Well & ELR Injection Well Design o Complete Design & Bid Phase Services Task 5 • Mayhill Road Building Partition Walls � o Evaluate the existing structure and design an appropriate structural steel partition wall system. � Task 6 • Services associated with the Municipal Solid Waste (MSW) facility permit, design and operational functions Man-hour and Fee Estimate The following table presents a breakdown of our expected labor and expenses for the Scope of Services presented above. Page 2 of 3 Mr. Vance Kemler 5/30/2013 � � }� �li_ CP&Y, Inc. proposes to be compensated for performing the above Scope of Services on a time and materials basis with the total fee amount not to exceed NINETY SEVEN THOUSAND TWO HUNDRED and no/100 DOLLARS ($97,200.00) without additional written authorization from the City. The Hourly Rates of personnel on the following page will be the basis for compensation through December 31, 2013 and will be re- evaluated at that time. Any changes in Hourly Rates at that time will be approved by the City prior to taking effect. We appreciate the opportunity to continue to assist the City of Denton with solid waste projects. If this proposal is satisfactory to the City, please prepare the necessary City Contract Documents for our review and signatures. Sincerely, CP&Y, Inc. � � �.� ���� � ��.-. Frank E. Pugsley, P.E. Associate Hourly Billing Rates CP&Y, Inc. FY 2013 1. CP&Y, Inc. will submit monthly invoices for services rendered, and the City will make prompt payments in response to the invoices. 2. CP&Y, Inc. will be reimbursed for services based upon the following hourly rates, plus reimbursement for other direct non-labor and subcontract costs at actual cost. Cateqorv Billinq Rate Per Hour Clerical/Administrative $35.00-65.00 Drafter/Technician Engineer in Training Project Engineer Senior Engineer Senior Associate Engineer Principal Page 3 of 3 $55.00-95.00 $75.00-115.00 $95.00-150.00 $135.00-180.00 $170.00-215.00 $185.00-230.00