1997-048E \WPDOCS\ORD\CULVERT JCR
ORDIN CE NO 0¥?
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 Blnkley &
Barfleld, Inc for civil engineering services for the construction
of a replacement of a drainage culvert under J~m 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 /~ day of ~, 1997
J~TK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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 ms made and entered mnto as of the /~//~ day of
{997, and between the City of Denton, a Texas
by
rporatlon, with its principal office at 215 E McKlnney
Street, Denton, Denton County, Texas 76201, (hereinafter sometimes
referred to as "OWNER") and Blnkle¥ & Barfleld, Itc , with its
corporate office at Houston, Texas 77008-3]89 , hereinafter
called the ("CONSULTANT") acting herein, by and through themr 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 zndependent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection wzth the Project as stated in the
sections to follow, with dllzgence and in accordance wzth the
highest professional standards customarzly obtained for such
services tn the State of Texas The professional services set ()ut
herein are in connectzon with the follow~ng descr,bed prolect
The Project shall include without limitation, (herein described
Project)
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 CONSULT~/gT'S (herein
described any proposal of CONSULTANT which has been provided
including the date of said proposal January ]6, ]997 ) 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 w~ll control over the terms and
conditions of the attached exhibits or task orders
PAGE 2
ADDITIONAL SERVICES
(To be used if CONSULT~uNT is an engineer) Addltmonal 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 Durmng the course of the pro3ect, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel
when meeting wmth the Texas Natural Resource Conservation
Commmsslon, U S Envmronmental Protection Agency, or other
regulatory agencies The CONSULTANT will assist OWNER
personnel on an as-needed basis in preparing complmance
schedules, progress reports, and providing general technmcal
support for the OWNER's complmance efforts.
B Asslstmng OWNER or Contractor in the defense or prosecution of
lltlgatmon in connectmon wmth or in addition to those services
contemplated by this Agreement Such services, if any, shall
be furnmshed by CONSULTANT on a fee basis negotiated by the
respectmve partmes outside of and mn addltmon to this
Agreement
C Sampling, testmng or analysis beyond that specmfmcally included
mn Basmc Services
D Preparmng copies of Computer Aided Draftmng (CAD) electronic
data bases, drawmngs, or fmles for the OWNER's use in a future
CAD system
E Preparing applmcatlons 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
P~o3ect, including the preparation of engineering data and
reports for assistance to the OWNER.
G Providing geotechnlcal investigations for the site including
soil borings, related analyses and recommendations.
H. (List any additional services not included in Basic Services)
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
servzces zn the nature of Geo-techn~cal Serwces
~ 2. "Direct Non-Labor Expense" is defined as that expense for
any assignment Incurred by the CONSULTANT for supplies,
~ transportation and equipment, travel, ~ommunlcatlons,
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 estzmate 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 $ ]7~000
Partial payments to the CONSULTA/qT 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 5% of the
contract amount until completion of the project
Nothing contained in thzs Article shall require the owner to
pay for any work which is unsatisfactory as reasonably
determined by the City Manager or hms designee or which is not
submitted in compliance w~th the terms of this contract The
City shall not be required to make any payments to the
CONSULTANT when the CONSULTAN? is zn default under th~
FAGE 5
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 l~sted ~n 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
servmces and expenses within szxty (60) days after recezpt of
the CONSULTANT'S undisputed statement thereof, the amounts due
the CONSULTANT will be zncreased by the rate of one percent
(1%) per month from the said s~xtleth (60th) day, and in
addition, the CONSULTANT may, after giving seven (7) days'
written notice to the OWNER, suspend servzces under thzs
Agreement until the CONSULTANT has been paid zn 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
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
Ail 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 o'r claim any right arising from employee status
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 w~thout 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 th~s 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.
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
A Comprehensive General Liability Insurance with bodily ln]ury
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
l~mzts of not less than $100,000 for each occurrence and not
l~ss than $100,000 zn the aggregate
B Automobile L~ab~llty Insurance with bodily injury l~m~ts of not
less than $500,000 for each person and not less than $500,000
for each acczdent and w~th property damage l~mlts for not less
than $100,000 for each accident
C. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Lzablllty Insurance w~th limits of
not less than $100,000 for each accident
D Professional Liability Insurance w~th 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
addltzonal 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 cancellatzon, 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 medlatmon No arbitration
or alternate dzspute resolution arising out of or relating to, th~s
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 mall, 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 th~s
Agreement to the OWNER on or before the date of termination but
may maintain copies of such documents for its use
PAGE 10
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
NOTICES
Ail notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or ma~led to the
respective parties by depositing same in the United States mall at
the address shown below, certified mall, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing
To CONSULTANT To OWNER
Mr ~red Balster, P E City of Denton
Blnkl~ey & Barfleld, Inc ATTN Mr, Jerry Clark. P.E.
12860 Hlllcrest Road Title Director of Eng~neer~n§
Suite 222 215 E McKlnney
Da]las. Texas 75230 Denton, Texas 76201
All notices shall be deemed effectzve upon receipt by the party
to whom such notzce is given or within three days mamllng
ARTICLE XV
ENTIRE AGREEMENT
PAGE
This Agreement consisting of ]~ 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 th~ terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communicatIons and agreements which may have been made
in connection w~th the subject matter hereof.
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 ~nvalld 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
RTI L VII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT
shall not d~scrlmlnate against any person on the bas~s of race,
color, religion, sex, national origin or ancestry, age, or physical
hand.cap
PAGE ]?
PERSONNEL
A The CONSULT~aNT 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 Ail services required hereunder will be performed by the
CONSULTANT or under its supervision Ail personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services
ASSIGNABILITY
The CONSULTANT shall not assign any ~nterest ~n th~s Agreement
and shall not transfer any interest in this Agreement (whether by
assignment, novation or otherwise) without the prior written
consent of the OWNER
MODI FICAT ION
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 part~es
hereto out of or affecting this Agreement, or the rights or
obligations of the part~es 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 w~ll not be waived unless
as herein set forth.
MISCELLANEOUS
A. The following exhibits are attached to and made a part of th~s
Agreement (l~st 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 r~ght 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 w~th th~s section OWNER shall give
CONSULTANT reasonable advance notice of intended audits
C Venue of any suit or cause of action under thms Agreement shall
l~e exclusively in Denton County, Texas Th~s 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 w~ll
perform most of th~s work hereunder shall be Fred Ba]$ter, P 5
However, nothing herein shall l~m~t CONSULTA/qT from uszng other
qualified and competent members of themr firm to perform the
services required herel~
E CONSULTANT shall commence, carry on, and complete any and all
projects w~th all applicable dispatch, ~n a sound, economical,
efficient mannez, and, in accordance with the provisions
PAGE 14
hereof In accomplishing the pro]ects, 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 pro3ect 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-~/~f~ day of ~z~ _~ ,
CITY OF DENTON, TEXAS
Ted Benavldes, City Manager
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
PAGE 15
HERBERT L. PROUTY, CITY ATTORNEY
CONSULTANT
Name Fred Ba]$ter, P [
Title · En§l neet-Mama§er
WITNESS.
PAGE 16
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 recomtmct the failed culvert on Jim Christal Road The project
includes the des,gn of prestress concrete beams to span the entire opemng and shor, ng
the ex,sting abutment foundation The City, act, ng as general contractor, will be
responsible for sohcltlng b~ds from subcontractors and supphcrs The consultant wall
provide techmcal support during comtmct~on
SPECIAL SERVICES
G¢o-techmcal foundat,on report which ~ncludes test bore(s) and foundation design
parameters
EXHIBIT C
FEE SCHEDULE
BASIC SERVICES LUMP SUM FEE
Construction Plans $15,000
'SPECIAL SERVICES
Foundation Report 2,000
Total $17,000
ADDITIONAL SERVICES
FEE SCHEDULE
Project Manager $ 93 00 per hour
ProJect Engineer 75 00 per hour
Eng~neer-ln-Tratmng 55 00 per hom
Technical 55 00 per hom
Clerk 40 00 per hour
EXHIBIT "B"
Binldey & Ikulleld, Inc, Consulting Engineers
12860 Hillcrest Road, Suite 222/2 Dallas, Texas 75230
(972) 788-2111 Fax (972) 788~2195
'~" ' Re BBI Job #69300
BBI File #19000
hm Christal Road Bridge
Denton, Texas
Mr Jerry Clark, P E
211 N Elm
C~ty Hall West
Denton, Texas 76201
Dear Mr Clark
For the City to repatr the Christal Bridge with its forces, the Ctty would be put into the role of
the general contractor on the project The City would be purchasing the materml, renting
equipment, supplying labor and subcontracting elements of the construction
The followmg 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 C~ty $15,000
can sohclt b~ds from sub-contractors and
material supphers We would also prowde
techmcal support during construction We
would h~re a geo-tech firm to do the
foundation investigation for the bridges
The City would be responsible for obtmmng
b~ds for contractors and material suppliers
GEO-TECH Provide test bores and foundation design 2,000
parameters
Houston and Dallas
Mr Clark - 2 - 10-31-96
SITE PREP Removal of the collapsed portions of thc 3,000
existing bridge can be done w~th C~ty forces
with the rental of specxal equipment
Klrkpatnck and O'Donnell (972.438-5757)
has a hnkbelt track backhoe with a hydraulic
hammer which rents for $3000 per week The City
would have to prowde trucks, torches, pumps,
and a crew to clear the concrete debris
DRILL SHAFTS The foundation dnlhng contractor could be 11,200
contracted d~rectly or through your structural
concrete contractor The price ~s based on a
contracted price and an estmaated depth
FOUNDATION C~ty forces would prowde labor to excavate 4,500
under the hp of the exlstmg footmgs The
structural concrete contractor would form and
pour the drill shafts and foundation
BOX BEAMS The C~ty would b~d the concrete box beams 9,000
delivered with bearmg pads to the site
Box beams are made prunarfly by Flexxcore
Texas, Inc (1-713-437-5700)
SET BOX BEAMS The C~ty would hire a crane and operator from 1,500
someone such as Davis Crane Serwce
(972-438-1122) Rental rate ~s $155 per hour
Time clock starts when the crane leaves
the yard The City would coordinate beam
dehvery and crane operation, and provide
labor for settmg beanng pads Beam truck
drivers get pa~d for wa~tlng After beams
are set the City would weld the beams
together wa steel tabs and grout the shear
keys between the beams
Mr Clark - 3 - 10-31-96
T6 RAIL The outside box beams will have inserts to 2,720
bolt the posts of the ralhngs The price
g~ven ~s the ~nstalled price q~be City may
save money to buy the material and install it
GUARDRAIL The C~ty can install the guardrafl 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 d~rect cost estunate $ 57,513
I hope this information will be helpful and outlines the basis of the prelunlnary estimate
If you have any questlom please call me at (972) 788-2111
Sincerely,
BINKLEY & BARFIELD, INC
Consulting Engineers
Fred Balster, P E
Engineer-Manager
FB/ds