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HomeMy WebLinkAbout1996-137J \WPDOCS\ORD\BELLCULV ORD ORDINANCE NO. A V AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF DENTON AND BINKLEY Sc BARFIELD, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING 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 construction of a relief storm sewer to be built under the overpass at the intersection of Robertson Street and Bell Street. SECTION II.' I 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 1�day of , 1996 JAV MILLER, MAYOR ATTEST': JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CITY OF DENTON ENGINEERING SERVICES AGREEMENT This agreement is made and entered into by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "CITY" and BINKLEY & BARFIELD, INC , hereinafter referred to as "ENGINEER" acting by and through their duly authorized representatives The terms of this Agreement shall be administered on behalf of the City by its Director of Engineering and Transportation or his designated representative hereinafter referred to as "Director" WITNESSETH The CITY hereby contracts for the services of ENGINEER to prepare construction plans, specifications, details, and special provisions for Robertson/Bell Cutoff Relief Bypass located in the City of located in the City of Denton, Denton County, Texas, hereinafter called the "PROJECT" EMPLOYMENT OF THE ENGINEER The City agrees to retain the Engineer, and the Engineer agrees to perform professional engineering services in connection with the Project as set forth in the paragraphs following, with diligence and in accordance with the usual professional standards customarily obtained for such services in the State of Texas, and the City agrees to pay, and the Engineer agrees to accept fees as specified in the paragraphs following as full and final compensation for the work accomplished II SCOPE OF SERVICES The scope of the work is set forth in Exhibit A, attached to and made part of this Contract for all purposes Deviations from the scope of work may be authorized from time to time by the City by written authorization III SCHEDULE OF WORK The Engineer agrees to begin work immediately upon execution of tlus Contract and to proceed diligently with said work to completion, as described in Exhibit B, attached hereto and made a part of this contract for all purposes This agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this agreement The engineer shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule of work herein established IV COMPENSATION AND METHOD OF PAYMENT Payment to the Engineer for services rendered will be made monthly based upon the Engineer's monthly progress report and itemized and certified statements on an invoice form that is acceptable to the City Monthly statements should include authorized non -salary expenses with supporting itemized invoices and shall be submitted to the City on or about the fifteenth (15) day of each month Compensation for the services of the Engineer will be as set forth in Exhibit C, which is attached hereto and made a part of this contract for all purposes The itemized and certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement Final payment of any money due shall be made to the Engineer after satisfactory completion of all services and obligations covered in this contract, including acceptance of design by the City The final payment does not relieve the Engineer of his responsibility of correcting any errors and/or omissions resulting from his negligence during the design as well as the construction of the project Nothing contained in this section shall acquire the City to pay for unsatisfactory as reasonably determined by the Director, or which is not submitted in compliance of the contract, or when the engineer is in default under this contract V INFORMATION TO BE PROVIDED BY THE CITY The City agrees to furnish the information set forth in Exhibit D, attached to and made a part of this Agreement for all purposes, prior to the Engineer's beginning work VI PROGRESS REPORTS The Engineer shall submit monthly progress reports and attend monthly progress meetings scheduled by the City Each report shall outline work accomplished and special problems or delays encountered on the Project during the previous report period, and the planned work activities and special problems or delays anticipated for the next report period VII INSURANCE A The Engineer agrees to furnish, Engineer's Workman's Compensation in accordance with statutory requirements and Professional and Employer's Liability Insurance for bodily injury and property damage in amounts satisfactory to the City but not less than $1,000,000 annual aggregate, and agrees that such coverage shall be maintained during the term of this Contract The Engineer shall be responsible for determining that its subcontractors, where permitted, likewise carry and maintain adequate insurance coverage P All such insurance shall be maintained with an insurance company licensed to do business in Texas with a rating of A- or above with Best The insurance policies shall name the City as an additional insured and contain a provision that such insurance shall not be cancelled or modified without 30 days prior written notice to the City VIII LIABILITY The Engineer will and does hereby agree to indemnify and hold harmless the City and its officers, agents, and employees, from any and all damages, loss or liability of any kind whatsoever, including bodily injury, property damages, court costs and reasonable attorney's fees, by reason of injury to third persons occasioned by any negligent act, error or omission of the Engineer, its agents, employees, or other person for whom the Engineer is legally liable, in rendering or failing to render professional services with regard to the performance of this Agreement The Engineer will, at his cost and expense, defend and protect the City against any and all such claims and demands arising out of the negligent performance of the Engineer, its agents, employees or other persons for whom the Engineer is legally liable, in connection with work performed under this Agreement 2 IX INDEPENDENT CONTRACTOR In the performance of work or services hereunder, the Engineer shall be deemed an independent contractor not under the direct control and supervision of the City, and any of its employees performing work required hereunder shall be deemed solely employees of the Engineer, or its subcontractors where permitted X SUBCONTRACTS In fulfilling its duties pursuant to this Contract, the Engineer may subcontract to individuals, corporations, organizations, governments or governmental subdivisions or agencies, partnerships, associations or other legal entities Such subcontracts will be entered into only with written approval from the City Subcontractors are listed in Exhibit E, which is attached to and made part of this contract for all purposes XI TRANSFER OF INTEREST Neither the City nor the Engineer may assign or transfer their individual interests in the Contract without the written consent of the other party The City and the Engineer each binds itself and its successors and assigns to the other party with respect to all covenants of this Contract Nothing herein is to be construed as creating a personal liability on the part of any officer or agent of the City XII AUDITS AND RECORDS At any time during normal business hours and as often as the City may deem necessary, the Engineer shall make available to representatives of the City for examination all of its records with respect to all matters covered by the Contract and will permit representatives of the City to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract, for a period of three (3) years from the date of final settlement or for such other or longer period, if any, as is required by applicable statute or lawful requirements XIII EQUAL EMPLOYMENT OPPORTUNITY The Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin The Engineer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin Such action shall include, but not be limited to, the following Employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs or terminations, selection for training, including apprenticeships, and participation in recreational activities The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin The Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provision will be binding upon 3 each subcontractor, excepting that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials The Engineer shall keep such records and submit such reports concerning the racial and ethnic origm(s) of applicants for employment and employees as the law may require The Engineer agrees to comply with such rules, regulations or guidelines as may be issued to implement these requirements XIV CONTRACT TERMINATION Either party may terminate this Contract upon giving written notice to the other party at least thirty (30) days prior to the date of termination In the event of termination, the Engineer shall deliver to the City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc , prepared by the Engineer under this Contract The Engineer shall be entitled to receive just and equitable compensation for any work satisfactorily completed in accordance with the provisions of this agreement prior to termination Should the City subsequently contract with a new consultant for continuation of services on the project, the Engineer shall cooperate in providing information XV COST ESTIMATES Cost estimates prepared by the Engineer represent its best judgement as a design professional familiar with the construction industry It is recognized, however, that the Engineer has no control over the cost of labor, materials or equipment, over the Contractor's method of determining bid process, or over competitive bidding or market conditions Accordingly, the Engineer cannot and does not guarantee that bids will not vary from estimates prepared by him But nothing herein shall relieve the Engineer from diligently using his best efforts to provide an accurate estimate of the probable construction cost of the project XVI OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of the City, and the City shall have the right to access and use of all such data related to the project The Engineer shall have the right to retain copies of all such documents The Engineer will provide a complete set of reproducible mylars of the completed drawings plus magnetic disks containing the roadway plan and profile drawings on AutoCAD to the City at no additional cost to the City The City understands and agrees that if it uses these documents on other projects that it does so at its own risk, and the Engineer shall not be liable to the City for any failure of these documents regarding other projects XVII SPECIAL PROVISION This instrument contains the entire Agreement between the City and the Engineer, except as additionally stated in Exhibits A through E XVIII RIGHT -OF -ACCESS The City will furnish right -of -access on the land for the Engineer to perform the required surveys, or other necessary investigations The Engineer will take reasonable precautions to minimize damage to the land in the performance of such surveys and investigations The City will explain to land owners that some damage to vegetation may be unavoidable when obtaining access to the site, and in performance of survey activities 4 XIX MAILING ADDRESSES All notices and communications under this Contract to be mailed or delivered to the City shall be sent to the address of the City as follows, unless and until the Engineer is otherwise notified Mr Jerry Clark, P E City of Denton City Hall West 221 North Elm Denton, Texas 76201 All notices and commumcations under this Contract to be mailed or delivered to the Engineer shall be sent to the address of the Engineer as follows, unless and until the City is otherwise notified Fred Balster. P E BINKLEY & BARFIELD INC 12860 Hillcrest Road, Suite 222A Dallas Texas 75230-1519 Any notices and communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party XX CONTRACT AMENDMENTS The parties hereto, without invalidating this Contract, may alter or amend this Contract upon advance written agreement of the parties XXI RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, it's employees, associates, agents, and consultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the design or other work prepared by the Engineer its employees, subcontractors, agents, and consultants XXII VENUE Venue of any suit or cause of action under this contract shall lie exclusively in Denton County, Texas This contract shall be construed in accordance with the laws of the State of Texas XXIII NO BENEFITS Nothing under this Contract shall be construed to give any rights or benefits in this contract to anyone other than City and Engineer and the duties and responsibilities undertaken are not for the benefit of any other party XXIV COMPLIANCE WITH LAWS Engineer shall fully comply with all applicable Federal, State, and local laws XXV CAPTIONS The captions of this contract are for informational purposes only and shall not in any way affect the substantive terms or conditions of this contract Executed in two (2) counterparts, each of which is deemed to be an original and as of the day and date first written in this contract IN WITNESS WHEREOF, the City of Denton, Texas, by its duly authorized City Manager and engineer, has executed this Agreement through its duly authorized undersigned officer on the lQ �_ day of 19 , CITY The City of Denton, Texas BY City Manager CONTRACTOR BINKLEY & B RFIELD INC BY .i Fred Balster, P E Engineer -Manager ri EXHIBIT A BASIC SERVICES The scope of services includes civil engineering services for the preparation of construction plans for a relief storm sewer to be built under a railroad overpass at the intersection of Robertson Street and Bell Street The plans are to be prepared to extend the culvert to the west side of Bell Street The project would include reconstruction of a portion of Robertson and Bell Street, rechannelization, and relocation of utilities The goal of the project is to reduce the frequency of flooding at Robertson Street SPECIAL SERVICES 1 Topographic survey of the site and setting control points for the contractor's surveyor 2 Easement exhibits (two estimated) 3 Hydraulic modeling ADDITIONAL SERVICES If additional services are required for the project, the fees will be agreed upon by both parties prior to execution of those services Fee payment will be by percentage of completion EXHIBIT B The schedule for completion of the design phase is 120 calendar days EXHIBIT C BASIC SERVICES LUMP SUM FEES Construction Plans and Bid Documents $ 20,000 00 SPECIAL SERVICES Topographic Survey $ 2,60000 Hydraulic Modeling 4,00000 Easement Exhibit ($600 per each) 1,200 00 Expenses $ 1,80000 Total $ 29,600 00 EXHIBIT D Items to be furnished by the City Horizontal and vertical control data As built plans of the existing infrastructure FEMA flood plain information Railroad approvals (if required) EXHIBIT E Subcontractor List JOM, Inc - Survey Services Morrison Hydrology - Hydraulic Modeling