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HomeMy WebLinkAbout1997-362ORDINANCE NO / d� AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND CARTER AND BURGESS FOR THE DESIGN OF THE DRAINAGE FOR PHASE I EAGLE DRIVE IN THE AMOUNT OF $38,700 (RFSP #2110A - EAGLE DRIVE PHASE I PROJECT), AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional Services Procurement Act, provides that a City many not select a provider of professional services on the basis of competitive bids but on the basis of demonstrated competence and qualification and for a fair and reasonable price, WHEREAS, the professional fees under the proposed contract are consistent with and not higher than the recommended practices and fees published by the applicable professional association and do not exceed a maximum provided by law, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, as professional services contract, substantially the same as the contract which is attached hereto and made a part hereof for all purposed, that provides services relating to Engineering Services, as defined in Request for Sealed Proposal #2110A Eagle Drive Phase I Project, with Carter and Burgess in the amount of $38,700 00 SECTION II. That the award of this contract is one the basis of demonstrated competence and qualifications of the provided of professional services under this contract and the ability of such provider to perform the needed services for a fair and reasonable price SECTION III. That this ordinance shall become effective immediately upon its passage and approval /l �� PASSED AND APPROVED this the � day of (DW& 1997 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY m //��'i W PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET PAVING AND DRAINAGE IMPROVEMENTS PHASE I STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of 19_1!Z, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Carter and Burgess, Inc, with its corporate office at 7950 Elmbrook, Dallas, Texas, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives 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 the 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 out herein are in connection with the following described project The Project shall include, without limitation, drainage analysis for drainage system along Eagle Drive from Avenue A and on downstream from its outfall along concrete line channel to its confluence with Stream PEC-4, Drainage on Collins Street from Welch to US 377 will also be included, Traffic Analysis for the intersections of Collins Street at US 377, Bernard Street and Welsh Street ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner To perform all those services set forth in CONSULTANT's exhibits which is attached hereto and made a part hereof as Exhibit "A" and "B" as if written word for word herein 97233300 ARTICLE III ADDITIONAL SERVICES 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 Project, 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's 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 F Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings ansmg from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER G Providing geotechmcal investigations for the site, including soil bonngs, related analyses, and recommendations ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT 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 97233300 Page 2 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 "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 expenses 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 lump sums shown in Exhibit "A & B" 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 expenses not to exceed $38,700 00 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 designee, 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 five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work wluch is unsatisfactory, as reasonably determined by the City Manager or his designee, or wluch is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement winch 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 III "Additional Services," without obtaimng prior written authorization from the OWNER A ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, 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 97233300 Page 3 A 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 (60t') 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, 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 tlus Agreement are instruments of service, and shall become the property of the OWNER upon the termination of tlus 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 any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, 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 contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansing from employee status 97233300 Page 4 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 tlus 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 parties' 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 ARTICLE X INSURANCE 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 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 $100,000 in the aggregate 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 of not less than $100,000 for each accident Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate 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 thirty (30) days' prior written notice to OWNER and 97233300 Page 5 CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furmshmg 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 arbitration or alternate dispute resolution arising out of or relating to tlus Agreement, involving one parry's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party 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 non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall munediately cease all services and shall render a final bill for services to the OWNER within thirty (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 accordance with Article V "Compensation " Should the OWNER subsequently 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 ARTICLE XIII 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 OWNER for any defect in 97233300 Page 6 the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or marled to the respective parties by depositing same in the United States mail to the address shown below, certified marl, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing To CONSULTANT Carter & Burgess, Inc Alex Martinez, P E Project Manager 7950 Elmbrook Dr Dallas, Texas 75247-4951 To OWNER City of Denton Jerry Clark, P E Director of Engineering and Transportation Dept City Hall West 221 N Elm Denton, Texas 76201 All notices shall be deemed effective upon receipt by the parry to whom such notice is given, or within three (3) days' mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 10 pages and 3 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 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 and shall not cause the remainder to be invalid or unenforceable In such event, the parties 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 97233300 Page 7 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE 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 ARTICLE XIX PERSONNEL 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 OWNER 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 XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or 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 ansmg between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and 97233300 Page 8 duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit A - Eagle Drive / Collins Street Phase I - Drainage Analysis Scope of Work and Compensation Exhibit B - Collins Street Phase I - Traffic Analysis Scope of Work and Compensation Exhibit C - Professional Services Rate Structure 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 the work hereunder shall be from the Carter & Burgess Dallas office However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its 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, and efficient manner and in accordance with the provisions 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 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 thereto, 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 97233300 Page 9 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 CONSUL �y4J�T � has executed thus Agreement thro its duly authonzed undersigned officer on this the day of w 19,, CITY OF DENTON, TEXAS ED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY x CONSULTANT CAOU,&' TER BURGESS, IINNC PHIL DEATON, SR VICE PRESIDENT WITNESS 97233300 Page 10 EXHIBIT A EAGLE DRIVE / COLLINS STREET PHASE I - DRAINAGE ANALYSIS SCOPE OF WORK AND COMPENSATION A Perform existing hydrologic analysis for the watershed contributing stormwater runoff to the tributary of PEC-4 Stream B Conceptualize proposed storm sewer for Eagle Drive from Ave A to outfall at the tributary Collins street from Welch Street to US377 and including lateral runs to the Eagle Drive system along Bernard Street and Cleveland Street City topographic base maps will be used to schematically layout storm sewer alignment and preliminary pipe sizes will be shown C Perform hydraulic backwater analysis for subject tributary This would include establishing Existing conditions water surface elevations (WSEL) from the tributaries' confluence with stream PEC-4 upstream to Eagle Drive, Revise existing conditions WSEL by updating the starting WSEL at the confluence with PEC-4 Downstream channel improvements and culvert improvements at Robertson/Bell street crossing are being designed by other firms Their design will determine this project's starting WSEL The revised existing conditions backwater analysis will be performed after the downstream projects finalize their WSEL's If the downstream projects change the WSEL's after the revised existing conditions analysis have been performed and additional revisions are required, those revisions will be considered additional services, 3 Up to two (2) proposed conditions alternatives evaluating impact and location of outfall of proposed storm sewer for Eagle Drive and Collins Street One alternative will have the outfall lust east of Myrtle Street and lust north of the Eagle Drive R O W The other alternative will have the storm sewer routed along Myrtle Street and Maple Street and outfalling at Locust Street D Issue technical memo recommending tributary improvements and outfall location of proposed storm sewer for Eagle Drive and Collins Street Memo will also recommend scope and limits for the preparation of construction documents for proposed storm sewer described in Part B The technical memo will also include estimates of probable construction cost for the various recommended improvements and schematic base map described in Part B 97233300 L01 E City of Denton will provide base maps, existing plans, and field survey verification such as culvert flow lines, channel cross sections, street profiles, etc Lump Sum Fee 97233300 L01 $35,000 00 EXHIBIT B COLLINS STREET PHASE I - TRAFFIC ANALYSIS SCOPE OF WORK AND COMPENSATION SCOPE A Perform signalized capacity analysis at the intersection of Collins and US 377 using existing cycle lengths and phasing B Perform signalized capacity analysis at Collins and US 370 allowing the computer program to optimize the timing and phasing C Perform unsignalized capacity analysis at the intersections of Collins at Bernard and Collins at Welch D Using the results of the above analysis, determine the appropriate geometncs to provide a reasonable level of service E Document the findings in a technical memo F Prior to performing the above traffic analysis, the City of Denton will provide a m and p m hour turning movement counts at the following intersections US 377 at Collins Street Collins Street at Bernard Collins Street at Welch 24 hour directional machine counts for a typical weekday at the following locations 1 Collins between A Street and Welch 2 Collins between Welch and Bernard 3 Collins east of US 377 Lump Sum Fee 97233300 1-01 $3,700 00 EXHIBIT "C" PROFESSIONAL SERVICES RATE STRUCTURE Principal Project Manager Project Engineer Office Surveyor Registered Surveyor Technician Field Parry (3 man) Field Party (2 man) $100 00/hour to $150 00/hour $80 00/hour to $100 00/hour $65 00/hour to $90 00/hour $50 00/hour to $60 00/hour $72 00/hour to $105 00/hour $45 00/hour to $75 00/hour $95 00/hour to $100 00/hour $70 00/hour to $80 00/hour 97233300