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1996-137J \NPOOCS\ORD\BELLCULV ORD ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF DENTON AND BINKLEY & BARFIELD, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That the Clty Manager ~s hereby authorized to execute a contract between the C~ty of Denton and Blnkley & Barfleld, 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. ~ That the City Manager is hereby authorized to expend the funds as specified in the contract. ~ That this ordinance shall become effective ~mmediately upon its passage and approval PASSED AND APPROVED this the /~day of ~ , 1996 MILLER, MAYOR ATTEST': JENNIFER WALTERS, CITY SECRETARY APPR~.ED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENTON ENGINF~ERING SERVICES AGREEMENT Th~s agreement xs made and entered mto by and between the C~ty of Denton, Texas, a mumcxpal corporation, hereinafter referred to as "CITY" and BINKLEY & BARFIELD, INC, herexnafter referred to as "ENGINEER" acting by and through their duly authorized representatives The terms of th~s Agreement shall be administered on behalf of the Caty by ~ts Director of Engineering and Transportation or fus desxgnated representauve heremafter referred to as "Director" WITNESSETH The CITY hereby contracts for the services of ENGINEER to prepare construcUon plans, speclf~catxons, details, and specxal prov~sxons for Robertson/Bell Cutoff Relief Bvpass located m the Cxty of located m the City of Denton, Denton County, Texas, hereinafter called the "PROJECT" I EMPLOYMENT OF THE ENGINEER The Caty agrees to retain the Engineer, and the Engineer agrees to perform professxonal engmeerlng servxces ~n connection with the Project as set forth in the paragraphs following, with diligence and in accordance wxth the usual professional standards customarily obtained for such services in the State of Texas, and the C~ty agrees to pay, and the Engineer agrees to accept fees as specified m the paragraphs following as full and final compensation for the work accomphshed II SCOPE OF SERVICES The scope of the work ~s set forth xn Exhibit A, attached to and made part of th~s Contract for all purposes Deviauons from the scope of work may be authorized from time to time by the C~ty by written authorization III SCHEDULE OF WORK The Engineer agrees to begin work lmmethately upon execution of flus Contract and to proceed dlhgently with sa~d work to completion, as described in Exhthit B, attached hereto and made a part of th~s contract for all purposes This agreement may be sooner terminated in accordance w~th the prows~ons hereof Tmae ~s of the essence in this agreement The engineer shall make all reasonable efforts to complete the services set forth hereto as expetht~ously as possible and to meet the schedule of work herein estabhshed IV COMPENSATION AND METHOD OF PAYMENT Payment to the Engineer for servxces rendered will be made monthly based upon the Engineer's monthly progress report and ~temized and certified statements on an invoice form that IS acceptable to the City Monthly statements should ~nclude authorized non-salary expenses with supportmg ~tem~zed ~nvmces and shall be submxtted to the City on or about the fifteenth (15) day of each month Compensation for the serwces of the Engxneer will be as set forth in Exhthlt C, which is attached hereto and made a part of thas contract for all purposes The itemized and certified statements shall show the total amount earned to the date of submxsslon and the amount due and payable as of the date of the current statement F~nal payment of any money due shall be made to the Engineer after satisfactory completion of all serwces and obhgat~ons covered m this contract, including acceptance of design by the C~ty The final payment does not relieve the Engineer of h~s responsibility of correcting any errors and/or omlssmns resulting from his neghganee dunng the desxgn as well as the construction of the project Nothmg contained m th~s section shall acqmre the C~ty to pay for unsatisfactory as reasonably determined by the D~rector, or which is not submitted ~n comphance of the contract, or when the engineer ~s In default under this contract V INFORMATION TO BE PROVIDED BY THE CITY The C~ty agrees to furmsh the mformat~on set forth m Exhibit D, attached to and made a part of th~s Agreement for all purposes, prior to the Engineer's beglnmng work VI PROGRESS REPORTS The Engmeer shall submit monthly progress reports and attend monthly progress meetings scheduled by the C~ty Each report shall outhne work accomphshed and spemal problems or delays encountered on the ProJect durmg the prewous report period, and the planned work actlwt~es and special problems or delays ant~mpated for the next report period VII INSURANCE A The Engmeer agrees to furmsh, Engineer's Workman's Compensation m accordance w~th statutory reqmrements and Professional and Employer's L~ab~hty Insurance for bodily mjury and property damage ~n amounts satisfactory to the C~ty but not less than $1,000,000 annual aggregate, and agrees that such coverage shall be maintained dunng the term of th~s Contract The Engineer shall be responsthle for determ~mng that its subcontractors, where permItted, hkewlse carry and maintain adequate ~nsurance coverage B All such insurance shall be maintained w~th an insurance company hcensed to do business ~n Texas w~th a rating of A- or above with Best The insurance pohc~es shall name the C~ty as an addttlonal msured and contain a prowslon that such ~nsurance shall not be cancelled or modified without 30 days prior written notice to the C~ty VIII LIABILITY The Engineer will and does hereby agree to ~ndemnffy and hold harmless the C~ty and ~ts officers, agents, and employees, from any and all damages, loss or habfl~ty of any kind whatsoever, mcluthng bodily inJUry, property damages, court costs and reasonable attorney's fees, by reason of ~njury to third persons occasioned by any negligent act, error or omission of the Engineer, ~ts agents, employees, or other person for whom the Engmeer is legally hable, m rendering or failing to render professional serwces with regard to the performance of this Agreement The Engineer will, at h~s cost and expense, defend and protect the C~ty agmnst any and all such claims and demands arising out of the neghgent performance of the Engineer, ~ts agents, employees or other persons for whom the Engineer ~s legally hable, m connection with work performed under th~s 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 penmtted 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 m Exhibit E, which is attached to and made part of this contract for all purposes XI TRANSFER OF INTEREST Neither the C~ty 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 Notlung herein is to be construed as creating a personal hablhty on the part of any officer or agent of the City XII AUDITS AND RECORDS At any tune 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, examme 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 apphcable statute or lawful requirements XIII EQUAL EMPLOYMENT OPPORTUNITY The Engineer shall not dlscrn'mnate against any employee or applicant for employment because of race, color, religion, sex or national ongxn 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, rehglon, sex or national origin Such action shall include, but not be limited to, the following Employment, upgrading, demotions or transfers, recruitment or recruitment advemsmg, layoffs or terminations, selection for trannng, including apprenticeships, and participation in reereataonal activities The Engineer agrees to post In conspicuous places, available to employees and apphcants for employment, notices to be provided setting forth the provisions of th~s nondlscrumnation clause The Engineer will, in all sohcitatlons 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, rehglon, sex or national ongm 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 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 submat such reports concermng the racial and ethmc origin(s) of applicants for employment and employees as the law may require The Engineer agrees to comply with such rules, regulations or guldehn~s as may be issued to implement these requirements XIV CONTRACT TERMINATION Either party may terminate tins Contract upon giving written notice to the other party at least thmy (30) days praor to the date of termmanon In the event of termination, the Engineer shall dehver to the City all flmshed or unfimshed documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc, prepared by the Engineer under flus 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 term~nauon Should the City subsequently contract with a new consultant for continuation of services on the project, the Engineer shall cooperate in providing lnformatlon XV COST ESTIMATES Cost esttmates prepared by the Engineer represent its best judgement as a design professional familiar with the eonstrucUon industry It is recogmzed, however, that the Engineer has no control over the cost of labor, materials or equipment, over the Contractor's method of determlmng 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, estunates, speclfmations, 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 contalmng 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 addit~onally stated m Exhibits A through E XVIII RIGHT-OF-ACCESS The City will furnish right-of-access on the land for the Engmeer to perform the required surveys, or other necessary investigations The Engineer will take reasonable precautions to minumze 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 obtaimng access to the site, and m performance of survey activities 4 XIX MAILING ADDRESSES All noUces and eommumcatlons 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 not~fied Mr Jerry Clark, P E City of Denton City Hall West 221 North Elm Denton, Texas 76201 All notices and commumcat~ons under this Contract to be ma~led or dehvered to the Engineer shall be sent to the address of the Engineer as follows, unless and until the City ~s otherwise not,fled Fred Balster. P E. EINKLEY & BARFIELD. INC 12860 Hillcrest Road. State 222A Dallas. Texas 75230-1519 Any notices and commumcattons reqmred to be given m wrmng by one party or the other shall be considered as having been given to the addressee on the date the notice or commumcatlon is posted by the sending party XX CONTRACT AMENDMENTS The parties hereto, without mvahdating this Contract, may alter or amend this Contract upon advance written agreement of the part~es XXI RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the City shall not constitute nor be deemed a release of the respons~blllty and l~ablhty of the Engmeer, 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 respons~bthty by the City for any defect ~n the design or other work prepared by the Engmeer ~ts employees, subcontractors, agents, and consultants XXII VENUE Venue of any suit or cause of action under this contract shall lie exclnslvely in Denton County, Texas This contract shall be construed in accordance w~th the laws of the State of Texas XXIII NO BENEFITS Notlung under this Contract shall be construed to give any rights or benefits m this contract to anyone other than C~ty and Engineer and the duties and responslb~ht~es 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 m any way affect the substantive terms or condmons of this contract Executed m 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 C~ty Manager and engineer, has executed this Agreement through ~ts duly authorized undersigned officer on the /~9t'' day of Q'td.4t~_ .19 q6' CITY CONTRACTOR The City of Denton, Texas BINKLEY & BARFIELD. INC City Manager Fred Balster, P E Engineer-Manager 6 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, rechannehzatlon, and relocation of utilities The goal of the project ~s 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 $ 2,600 00 Hydraulic Modeling 4,000 00 Easement Exhibit ($600 per each) 1,200 00 Expenses $ 1,800 00 Total $ 29,600 00 EXHIBIT D Items to be furmshed by the City 1 Horizontal and vertical control data 2 As built plans of the ex~stmg infrastructure 3 FEMA flood plato reformation 4 Railroad approvals 0f reqmred) EXHIBIT E Subcontractor L~st JOM, Inc - Survey Servmes Momson Hydrology - Hydrauhc Modehng