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HomeMy WebLinkAbout1997-048E \WPDOCS\ORD\CULVERT JCR AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND BINKLEY & BARFIELD, INC , AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a contract between the City of Denton and Binkley & Barfield, Inc for civil engineering services for the construction of a replacement of a drainage culvert under Jim Christal Road SECTION II That the City Manager is hereby authorized to expend the funds as specified in the contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 'r— day of 1997 JIff MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT FOR JIM CHRISTAL BRIDGE RECONSTRUCTION STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the atl- day of 199 �, by and between the City of Denton, a Texas Municipa Corporation, with its principal office at 215 E McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "OWNER") and Binkley & Barfield, Inc , with its corporate office at Houston, Texas 77008-3189 hereinafter called the ("CONSULTANT") acting herein, by and through their duly authorized representative WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set our herein are in connection with the following described project The Project shall include without limitation, (herein described Project) . ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's (herein describe any request for proposal which the owner has utilized to solicit the CONSULTANT's services) request which is attached hereto and made a par hereof as Exhibit "A" as if written word for word herein. B To perform all those services set forth in CONSULTANT'S (herein described any proposal of CONSULTANT which has been provided including the date of said proposal January 16, 1997 ) which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein C CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this agreement and made a part hereof for all purposes as separate agreements (If CONSULTANT is a professional engineer and you wish to list specific services of the CONSULTANT please list all specific engineering services to be provided including the preparation of detailed plans and specifications) D If there is any conflict between the terms of this agreement and the exhibits attached to this agreement the terms and conditions of this agreement will control over the terms and conditions of the attached exhibits or task orders PAGE 2 ARTICLE III ADDITIONAL SERVICES (To be used if CONSULTANT is an engineer) Additional Services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above described basic services, are described as follows: A During the course of the proDect, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT 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. B 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 CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing or analysis beyond that specifically included in Basic Services D Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system E Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications PAGE 3 F 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 Piro7ect, including the preparation of engineering data and reports for assistance to the OWNER. G Providing geotechnical investigations for the site including soil borings, related analyses and recommendations. H. (List any additional services not included in Basic Services) ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT of this Agreement and upon issue of a notice to proceed by the OWNER and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS* 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for PAGE 4 services in the nature of Geo-technical Services 2. "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, ¢� subsistence and lodging away from home and similar incidental in connection with that assignment. B BILLING AND PAYMENT. For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay based on the cost estimate detail at an hourly rate shown in Exhibit C, which is attached hereto and made a part of this agreement as if written word for word herein, a total fee including reimbursement for direct non -labor expense not to exceed $ 17,000 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the owner through its City Manager or his designees, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The owner may withhold the final 50 of the contract amount until completion of the pro]ect Nothing contained in this Article shall require the owner to pay for any work which is unsatisfactory as reasonably determined by the City Manager or his designee 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 CONSULTANT when the CONSULTANT' 15 in default under thii eAGE S contract It is specifically understood and agreed that the CONSULTANT 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 not to exceed fee as stated without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article IV Additional Services, without obtaining prior written authorization from the owner C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit C Payments for additional services shall be due and payable upon submission by the CONSULTANT and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses and charges provided, PAGE 6 however, nothing herein shall require the owner to pay the late charge of one percent (1%) set forth herein if the owner reasonably determines that the work is unsatisfactory, in accordance with this Article V, Compensation ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER'S use of these documents in other projects shall be at OWNER'S sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent PAGE 7 contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred 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 CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the state of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury PAGE 8 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 $100,000 in the aggregate B Automobile Liability Insurance with bodily in3ury 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 C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies and shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitratwn or alternate dispute resolution arising out of or relating to, this PAGE 9 agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party B This agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the agreement is terminated prior to completion of the ser- vices to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the owner within 30 days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in ac- cordance with Article IV, Compensation Should the OWNER sub- sequently contract with a new CONSULTANT for the continuation of services on the project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may maintain copies of such documents for its use PAGE 10 ARTT� X?TT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors 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 responsibility by the City for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents and consultants A.%* U"MAIMA All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days mailing To CONSULTANT Mr Fred Balster, P E Binkley & Barfield, Inc 12860 Hillcrest Road Suite 222 Dallas, Texas 75230 To OWNER City of Denton ATTN Mr. Jerry Clark. P.E. Title Director of Engineering 215 E McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing ARTICLE XV ENTIRE AGREEMENT PAGE it This Agreement consisting of 16 pages and 2 exhibits constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior i contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement shall not cause the remainder to be invalid or unenforceable In such event, the party shall reform this 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 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap PAGE 7? A The CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the city CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER ARTICLE XXT MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or PAGE 13 modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement (list exhibits): B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of this work hereunder shall be Fred Balster, P E However, nothing herein shall limit CONSULTANT from using other qualified and competent members of their firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner, and, in accordance with the provisions PAGE. 14 hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the project, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform services under this Agreement. G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the �— day of 197 L_ ATTEST. JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM PAGE 15 CITY OF DENTON, TEXAS Ted Benavides, City Manager HERBERT L. PROUTY, CITY ATTORNEY r�/ MEMBR%oAr � WITNESS. CONSULTANT By Name Fred Balster, P E PAGE 16 Title* Engineer -Manager January 16, 1997 EXHIBIT B SCOPE OF SERVICES BASIC SERVICES The scope of services includes civil engineering services for the preparation of construction plans to reconstruct the failed culvert on Jim Christal Road The project includes the design of prestress concrete beams to span the entire opening and shoring the existing abutment foundation The City, acting as general contractor, will be responsible for soliciting bids from subcontractors and suppliers The consultant will provide technical support during construction SPECIAL SERVICES Geo-technical foundation report which includes test bore(s) and foundation design parameters EXHIBIT C FEE SCHEDULE BASIC SERVICES Construction Plans SPECIAL SERVICES Foundation Report Total ADDITIONAL SERVICES FEE SCHEDULE Project Manager Project Engineer Eugmeer-m-Trammg Technical Clerk LUMP SUM FEE $ 15,000 2,000 $ 17,000 $ 93 00 per hour 75 00 per hour 55 00 per hour 55 00 per houi 40 00 per hour EXHIBIT "B" 10 Binkley & Barfield, Inc, Consulting Engineers 12860 Hillcrest Road, Suite 222 O Dallas, Texas 75230 (972) 788.2111 Fax (972) 788.2195 `J October 31, 1996 NOY �� Re BBI Job #69300 BBI File #19000 Jim Chnstal Road Bridge Denton, Texas Mr Jerry Clark, P E 211 N Elm City Hall West Denton, Texas 76201 Dear Mr Clark For the City to repair the Chnstal Bridge with its forces, the City would be put into the role of the general contractor on the project The City would be purchasing the material, renting equipment, supplying labor and subcontracting elements of the construction The following narrative may be helpful to construct the box beam bridge option BOX BEAM BRIDGE DIRECT ITEM COMMENTS COST BUDGET ENGINEERING We will prepare the plans so that the City $ 15,000 can solicit bids from sub -contractors and material suppliers We would also provide technical support during construction We would hire a geo-tech firm to do the foundation investigation for the bridges The City would be responsible for obtaining bids for contractors and material suppliers GEO-TECH Provide test bores and foundation design 2,000 parameters Houston and Dallas 0 Mr Clark -2- 10-31-96 SITE PREP Removal of the collapsed portions of the 3,000 existing bridge can be done with City forces with the rental of special equipment Kirkpatrick and O'Donnell (972-438-5757) has a lmkbelt track backhoe with a hydraulic hammer which rents for $3000 per week The City would have to provide trucks, torches, pumps, and a crew to clear the concrete debris DRILL SHAFTS The foundation drilling contractor could be 11,200 contracted directly or through your structural concrete contractor The price is based on a contracted price and an estimated depth FOUNDATION City forces would provide labor to excavate 4,500 under the lip of the existing footings The structural concrete contractor would form and pour the drill shafts and foundation BOX BEAMS The City would bid the concrete box beams 9,000 delivered with bearing pads to the site Box beams are made primarily by Flexicore Texas, Inc (1-713-437-5700) SET BOX BEAMS The City would hire a crane and operator from 1,500 someone such as Davis Crane Service (972-438-1122) Rental rate is $155 per hour Time clock starts when the crane leaves the yard The City would coordinate beam delivery and crane operation, and provide labor for setting bearing pads Beam truck drivers get paid for waiting After beams are set the City would weld the beams together via steel tabs and grout the shear keys between the beams Mr Clark 3 - 10-31-96 T6 RAIL The outside box beams will luive inserts to 2,720 bolt the posts of the railings The price given is the installed price The City may save money to buy the material and install it GUARDRAIL The City can install the guardrail or have 3,600 a contractor do it The price is a contractor installed price PAVEMENT The City would level up the road and either 1,260 chip seal or asphalt overlay the bridge and approaches CONTINGENCIES Ten percent for incidental material 3,683 Total project direct cost estimate $ 57,513 I hope this information will be helpful and outlines the basis of the preliminary estimate If you have any questions please call me at (972) 788-2111 Sincerely, 13INKLEY & BARFIELD, INC Consulting En meer� Fred Balster, P E Engineer -Manager FB/ds