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HomeMy WebLinkAbout1990-089ORDINANCE NO. D AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COLEMAN AND ASSOCIATES SURVEYING FOR FIELD SURVEY AND DATA COLLECTION SERVICES RELATING TO THE CONSTRUCTION OF PUMP STATION AND A FORTY-TWO INCH (42") WATER TRANSMISSION LINE; 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 M nager is authorized to execute a contract with Coleman and Associates Surveying for field survey and data collection services relating to the construction of pump station and a forty-two inch (4 ") water transmission line under the terms and conditions contained within said contract, a copy of which is attached hereto and made a part hereof. SECTION II. That the Ciy Council hereby authorizes the expenditure of funds not to e�ceed Twelve Thousand ($12,000) Dollars in exchange for the services required pursuant to the Contract. SECTION III. That this ordinance shall become effective immediately upon its passage an& approval. PASSED AND APPROVED this they day of , 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY', BY' kt AJ I APPR ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: STATE OF TEXAS ) COUNTY OF DENTON ) THIS CONTRACT is made and entered into by and between the City of Denton, a Municipal Corporation with its principal place of business located at 215 E. McKinney St., Denton, Texas (hereinafter referred to as "CITY") and Coleman and Associates Surveying of Denton, Texas (hereinafter referred to as "CONSULTANT"). 1. PURPOSE The purpose of this contract is to state the terms and conditions under which CONSULTANT shall provide field survey and data collection services in connection with the design and construction of the PUMP STATION at Ray Roberts Lake dam and the RAW WATER TRANSMISSION LINE between Ray Roberts Lake dam and the Main Treatment facility on McReynolds Road, as set forth in Exhibit "A" attached hereto and made a part hereof. 2. DESCRIPTION OF SERVICES CONSULTANT's services limited to, the following: shall include, but shall not be A. CONSULTANT shall perf C1rm all the services as set forth in Exhibit "A" hereto in accordan e with Manual of Practice for Land Surveying in Texas as adopted y the Texas Society of Professional Surveyors (1988 Revised Seventh Ed tion approved October 1988). B. CONSULTANT shall w Administrator and perform the re to fulfill the purposes of this under the terms of the contract & Nichols of Fort Worth, "ENGINEER") or other Consultants C. CONSULTANT shall deli which result from its services such form as is satisfactory to all matters related to the p contract shall be: Lee Allison Engineering Administrator City of Denton 901 A Texas St. Denton, Texas 76201 k closely with the Engineering ted tasks required by CITY in order ontract, including work coordinated tween the City of Denton and Freese xas (hereinafter referred to as authorized by CITY. r all data, reports and documents o CITY or other designated party in ITY. The prime contact for CITY in formance of the provisions of this 1 3. PERFORMANCE OF SERVICES A. CONSULTANT and its e all the services under this Cont its employees or associates who shall be fully qualified and described in Section 2. B. CONSULTANT intends to providing technical expertise it Systems (GPS) control and elect COLEMAN & ASSOC. SURVEYING will complete control over, the proj Copies of Subconsultant Agreements 4. TERM The term of this Contract is accepted by CITY. CONSULTANT of the essence. Reports and dat to CITY as completed. All sery are to be completed and delivered after acceptance of this contrac good reasons presented by CONSULTA 5. PAYMENT FOR SERVICES oyees or associates shall perform t. CONSULTANT represents that all rform services under this Contract npetent to perform the services tain Subconsultants to assist by the areas of Global Positioning nic data collecting and transfer. maintain responsibility for, and t and the resulting information. 11 be provided to CITY. all begin on the date the contract nderstands and agrees that time is for each parcel shall be delivered es, written reports and other data o CITY within forty five (45) days An extension of time, based upon may be granted by CITY. A. Payment for the services outlined under the scope of work shall be for productive time a�tually spent on the project by personnel on the basis of hourly rites set forth in Exhibit "B", plus direct non —labor expenses times a multiplier of 1.0, plus sub— contract and other outside servies times a multiplier of 1.15 with the maximum compensation not to exceed twelve thousand ($12,000) dollars. Consultant shall submi� itemized monthly statements for services, expenses and outside osts incurred. CITY shall make payments in the amount shown by CONSULTANT'S monthly statements based upon the documentation submitted Nothing in this section shall require city to pay for any work which is unsatisfactory as reasonably determined by the Execu ive Director of Utilities or which is not submitted in compliance with the terms of this agreement. Progress payments to CONSULTANT will be made within twenty one (21) days after receipt of invoice to CITY for services rendered by CONSULTANT, provided the said progress invoices are delivered at least thirty (30) days apart. The final payment due CONSULTANT hereunder will not be paid until the data and documents have been received and approved by CITY and will be made within thirty (30) days after receipt of the final invoice. B. "Sub —Contract Expense" s defined as the expense that is incurred by CONSULTANT in employ.ent of others in outside firms for services in the nature of GPS control, electronic data transfer, utility location and similar se vices that are not included in the Basic Services. 12 C. "Direct Non —Labor Exp any assignment incurred by transportation and equipment, tr lodging away from home and s that assignment. 6. CHANGE IN SCOPE nse" is defined as that expense for the CONSULTANT for supplies, vel, communications, subsistence and milar incidentals in connection with CITY may request, from time to time, changes in the scope or focus of the activities, conducted or to be conducted by CONSULTANT pursuant to this Contract. Any such change from the scope of services set out in Section shall be mutually agreed on by the parties hereto in writing and only by amendment to the agreement. Any change which will cause the actual payments to CONSULTANT to exceed the maximum amount stat d in Section 5 shall be submitted to CITY and approved in writing and in accordance with current State and Local laws prior to commencing with the work. 7. CONFIDENTIAL WORK No reports, information, data or any other documentati or assembled by CONSULTANT and made available to an individual the express prior written approv 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approv data, given to, prepared or Contract, and any other relate sole property of CITY and sh will retain copies of all documen 9. INSURANCE REQUIREMENTS oject evaluation, project designs, developed by, given to, prepared by this Contract shall be disclosed or organization by CONSULTANT without of CITY. by CITY, all information and other sembled by CONSULTANT under this documents or items shall become the 1 be delivered to CITY. CONSULTANT for its files. CONSULTANT shall procure, pay for, and maintain during the term of this Contract, with a com any authorized to do business in the State of Texas and acceptable to CITY, the minimum insurance coverage contained in Exhibit "C" attached to and made part of this Contract. 10. INDEMNITY CONSULTANT agrees to defe officers, agents and employees, lawsuits, judgments, costs (including death), property da of damage is sought that may CONSULTANT's intentional or ne provisions of this Contract, omission of CONSULTANT, its employees in the performance this paragraph are solely for not intended to create or grant to any other person or entity. d, indemnify and hold CITY, its harmless against any and all claims, nd expenses for personal injury age or other harm for which recovery arise out of or be occasioned by ligent breach of any of the terms or r by any other negligent act or officers, agents, associates, or f this Contract. The provisions of he benefit of the parties hereto and ny rights, contractual or otherwise, 3 11. COMPLAINTS Pursuant to Section 29 of 1979, the following information is The Texas Board of Professional #304, Austin, Texas 78752, Teleph over licensing of Land Surveyi surveying services should be forwa 12. RIGHT OF REVIEW AND AUDIT CITY may review any and CONSULTANT under this Contract audit, at its election, all o relating to the performance of retain such records for a min completion of this Contract. 13. GIFT TO PUBLIC SERVANT A. CITY may terminate thi has offered, conferred, or agre of Denton employee or official official is prohibited by law from B. For purposes of this reasonably regarded as economic other person in whose welfare the not include a contribution or accordance with law. C. Not withstanding any of CONSULTANT to remove any employe has violated the restrictions of federal law, and obtain reimbi CONSULTANT as a result of the imf conferring of a benefit to a City 14. NONDISCRIMINATION As a condition of this C CONSULTANT will take all neces connection with any work under associates, will not discrimina any individual or groups of i color, religion, national origin job performance, either directl or other arrangements. In this r and safeguard all records relatin hereunder for a minimum period of the Land Surveying Practices Act of made a part of this contract: nd Surveying (TBPLS) 7703 N. Lamar e (512) 452-9427, has jurisdiction . Any unresolved complaints about ed to the above address. 11 of the services performed by and is hereby granted the right to CONSULTANT'S records and billings his Contract. CONSULTANT agrees to mum of three (3) years following Contract immediately if CONSULTANT �d to confer any benefit upon a City that the City of Denton employee or accepting. section, "benefit" means anything advantage, including benefit to any beneficiary is interested, but does expenditure made and reported in ier legal remedies, CITY may require of CONSULTANT from the Project who :his section or any similar state or -sement for any expenditures made to -oper offer, agreement to confer, or )f Denton employee or official. >ntract, CONSULTANT covenants that >ary actions to insure that, in this Contract, CONSULTANT, and his :e in the treatment or employment of idividuals on the grounds of race, age, sex, or handicap unrelated to r, indirectly or through contractual :gard, CONSULTANT shall keep, retain to this Contract or work performed three (3) years from final Contract 4 completion, with full access allow Fd to authorized representatives of CITY, upon request, for purposes of evaluating compliance with this and other provisions of the Contrac . 15. CONTRACT PERSONNEL This Contract provides for and CONSULTANT shall not assign without the prior written consent 16. TERMINATION arsonal or professional services, is Contract, in whole or in part, CITY. Either CITY or CONSULTANT may terminate this Contract upon fifteen (15) days written notice to the other party with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONSULTANT shall Invoice CITY for all services completed and shall be compensated in accordance with the terms of this Contract for all services performed by CONSULTANT prior to the date sp cified in such notice. 17. NOTICES All notices, communicatio permitted under this Contract sha to the respective parties by mail, postage prepaid, at the add either party is otherwise notifi the following addresses. Mailed as of five days after mailing. If intended for CITY, to: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 If intended for CONSULTANT, to: Wm. M. Coleman President Coleman & Associates Surveyir P.O. Box 686 Denton, Texas 76202 18. INDEPENDENT CONTRACTOR In performing services un, between CITY and CONSULTANT i CITY and CONSULTANT by the exe the independent status of CONS Contract or act of CONSULTANT shall be construed as making employee of CITY. and amendments required or be personally delivered or mailed positing same in the United States sses shown below, unless and until in writing by the other party, at tices shall be deemed communicated r this Contract, the relationship that of independent contractor, and tion of this Contract do not change TANT. No term or provision of this in the performance of this Contract ONSULTANT the agent, servant, or I 19. VENUE The obligations of the part{ in Denton County, Texas, and if same, exclusive venue shall lie in 20. APPLICABLE LAWS This Contract is made subj and ordinances of the City of E State and Federal laws. 21. GOVERNING LAW This Contract shall be go with the laws and court decisions 22. LEGAL CONSTRUCTION Les to this Contract are performable Legal action is necessary to enforce Denton County, Texas. t to the provisions of the Charter ton as amended, and all applicable ed by and construed in accordance the State of Texas. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 23. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 24. CAPTIONS The caption to the vario informational purposes only and terms and conditions of this Cont 25. SUCCESSORS AND ASSIGN clauses of this Contract are for all not alter the substance of the t. This Contract shall be bind ng upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, xcept as otherwise provided in this Contract, their assigns. 26. ENTIRE AGREEMENT This Contract (consisting of pages 1 thru 12 inclusive) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporar3 agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. M EXECUTED this signing by and CONSULTANT, acting the �� day through its through its duly CONSULTANT: Coleman and Assoc. Surveying Wm. M. Coleman President by: � 7" /�-� � of , 1990, by CITY, duly uthorized official and by au orized official. CITY: City of Denton 7 EXHIBIT A SCOPE OF SERVICES TO BE PROVIDED COLEMAN & ASSOC. SURVEYING (hereinafter referred to as "CONSULTANT") shall provide professional land surveying services to the CITY OF DENTON (hereinafter referred to as "CITY") in connection with the design and construction of a Water Treatment Facility and Transmission Line from Ray Roberts Lake to the proposed Booster Pump Station near Hartlee Field Road. This work will be done in conjunction with other services performed by CONSULTANT on this project in the past or future under other agreements. This Exhibit is intended as an attachment to the Contract to Provide Professional Services between CITY and CONSULTANT (the "Contract") and covers work on the Pump Station at Ray Roberts Lake dam, the Raw Water Transmission line to the Regional Water Treatment Facility on McReynolds Road and design site work at the Treatment Facility. The "Basic Services" are as follows: 1. Stake preliminary centerline (baseline) for the Raw Water Transmission line from the proposed Pump Station near the Ray Roberts outfall structure to the Treatment Plant site on McReynolds Road. 2. Provide topographic data covering the existing structures at Ray Roberts outfall, the proposed Pump Station site, the Raw Water line route and the Treatment Plant site. 3. Provide boundary information along with a description of the proposed easement across the Corps. of Engineers lands traversed by the Raw Water line. 4. Coordinate the establishment of Global Positioning System (GPS) control and monumentation and adjusting data between the different base datums and phases of the entire project. One permanent GPS monument will be set on the Main Treatment Plant site at the location approved by the City. The topographic information to be used for the design portion of the project will be provided in accordance with the following recommended specifications: The survey requirements for the 42-inch water line from the Lake Ray Roberts Water Pump Station to the Water Treatment Plant are as follows: Coleman & Associates shall furnish the City the survey data in an electronic note format on an AUTOCAD diskette. We request that the survey electronic notes tie the various objects to the left or right of the survey baseline stationing, and that the survey baseline follow the approximate alignment of the proposed water line as closely as possible. The survey information to be tied horizontally and vertically is listed as follows: Horizontal Ties Items 1. Survey Baseline (Bearings, Distances, P.I.$). Vertical Data Required 1. Grnd shots @ 100 foot stations and at major breaks greater than 2 feet between stations. Two benchmarks spaced along survey route. 2. Fences (note type). 2. Not Applicable (N/A). 3. Road/Street Crossing 3. Grnd shots at R.O.W.'s, (note type and width F/L ditches, and edge of pavement & R.O.W.). of pavement. 4. Existing structures that 4. Top and toe of structure. may affect construction (i.e., bridges, piers, abutments slope protection, etc.). 9 5. Existing utilities to 5. Some utilities will include, but not limited to: require being exposed. a. Underground and a. N/A overhead telephone. b. Underground and b. N/A overhead electric. C. Underground cable C. N/A vision. d. Gas and petroleum d. Size and top of pipe pipelines. Note contact info. if available. e. Water lines. e. Size, type and top of pipe f. Wastewater collection f. Top, F/L's in man - lines (manholes), if holes, line size, any. type of pipe g. Culverts. g. F/L's, size and type h. Water valves, clean -outs, h. Top of operating blow -offs, airvalves. nut, top of cover, size i. Street lights. i. N/A Angle of intersection of utility with survey baseline should be noted. 6. Ties to roadways, edge of 6. N/A pavements, paralleling survey baseline. 7. Trees and scrubs larger 7. N/A than 6 inches in diameter. 8. Water meters, water wells, 8. N/A septic tanks, lateral lines and fire hydrants. 9. Driveways, sidewalks (note 9. N/A width and type). EXHIBIT B RATE SCHEDULE (EFFECTIVE: JANUARY 1, 1990) FIELD CREWS: (Fully equipped with customary supplies and materials) One Man (with Truck) $ 40.00 per hour Two Man Crew $ 65.00 per hour Three Man Crew $ 80.00 per hour Four Man Crew - One Truck $ 95.00 per hour - Two Trucks $115.00 per hour OFFICE: Drafting, Calculations, Research, etc. $ 30.00 per hour Typing, Note Reduction, General $ 22.50 per hour CAD Computer time $ 25.00 per hour Reg. Professional Land Surveyor $ 50.00 per hour Reg. Professional Engineer $ 55.00 per hour Prof. Expert Witness in Court $ 75.00 per hour DRIVE TIME: (as required if over 1 hour round trip) Two Man Crew $ 45.00 per hour Three Man Crew $ 55.00 per hour DIRECT EXPENSES: (As defined in Section 5) Actual cost times a multiplier of 1.00 SUB -CONTRACT EXPENSES: (As defined in section 5) Actual cost times a multiplier of 1.15 NOTE: Time charged to the project will be billed at the above rates. This includes productive time spent which affects the outcome of the project. Time spent on in-house administrative procedures connected with the project tasks is not chargeable at the above rates. Time spent accumulating and preparing non -technical information required for the project is chargeable. C E R T I F I C A T E EXHIBIT "C" O F I N S U R A N C E DATE: 03/21/90 ry ODUCER Leick 8 Associates 67ZJ Dallas Drive Denton , TX 76205 (S17) 397-6131 INSURED Coleman S Associates Surveying; William M Coleman D Associates Inc P 0 BOX 686 Denton Tx 76202 : THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ! NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ---- COMPANIES AFFORDING COVERAGE `— COMPANY ATrinity Universal Insurance Co LETTER - -------------'----------------- :COMPANY B LETTER COMPANY C LETTER ——— — - — — - — COMPANY D— — LETTER COMPANY E LETTER = --- COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS : CERTIFICATE HAY BE ISSUED OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIM --��-- w �_----�: POLICY POLICYCo :EFFECTIVE :EXPIRATION: LTR: TYPE OF INSURANCE POLICY NUMBER DATE DATE 1 ALL LIMITS IN THOUSANDS GENERAL LIABILITY 1 GENERAL AGGREGATE S 1000 A [XI COMMERCIAL GENERAL LIABILITY TCPS14320DOCE : 03/22/90 1 03/22/91 : PRODUCTS-COMP/CPS AGGREGATE S _ E)0 [ I CLAIM MADE IXI OCCURRENCE : : PERSONAL 11 ADVERTISING INJURY S 5*00 [ 104ERIS f CONTRACTORS PROTECTIVE: : EACH OCCURRENCE S SDO [ ] : FIRE DAMAGE (AN' ONE FIRE) S s0 [ l : MEDICAL EXPENSE(AN' ONE PERSOMS 5 AUTOMOBILE LIABILITY 1 CSL 1 S 300 i 1 A 00 ANY AUTO : TCA641245901 : 03/22/90 : 03/22/91 :------ -----1 [ I ALL OHMED AUTOS : : BODILY INJURY i [ I SCHEDULED AUTOS : (PER PERSON) S 1 (XI HIRED AUTOS -- -------• t)a NAM -OWED AUTOS : BODILY INJURY [ I GARAGE LIABILITY : (PER ACCIDENT) S PROPERTY 1 DAMAGE S EXCE55 LIABILITY : EACH OCCURRENCE 1 AGGREGATE E I LMBRELIA FORM---�--- — 1 [ I OTHER 11-M UMBRELLA S S STATUTORY 1 WRI(ERS, COMPENSATION : Tx Work Compensation: AND : Assigned Risk 1 S (EACH ACCIDENT) E14PLOMSO LIABILITY : Cert to Follow : S (DISEASE -POLICY LIMIT) S (DISEASE -EACH EMPLOYEE): . OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEMICLES/SPECIAL. ITEMS 1 Professional Liability application sent 1 CERTIFICATE HIDER =_==----=_—•-_--=== CANCELLATION ! VOLLD AWt tr 4}fE ABOVE DESCRIBED POLIC195 BE CANCEtJ.iD BEFORE 7K EX- i City of Denton : PIRATION DATE THEREDF, THE ISSUING COMPANY WILL OMAVOR 16 NAIL 215 E McKinney : 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton Tx 76201 : LEFT, BUT FAILURE TO MAIL SUCH NOTICE 5H41LL IMPOSE NO OBLIGATION OR : LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I '