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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