1996-138d \~PDOCS\ORD\BZNKLFY ORD
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 City Manager is hereby authorized to
execute a contract between the city of Denton and Blnkley &
Barfleld, Inc. for civil Engineering Services for replacement of
the existing culvert on Kerley Street.
S_~ That the City Manager is hereby authorized to
expendlthe funds as specified in the contract.
~ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the/~day of ~,
1996.
ATTESTI:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF DENTON
ENGINEERING SERVICES AGREEMENT
This agreement, Is made and entered into by and between the City of Denton, Texas, a mumc~pal corporation,
hereinafter referred to as "CITY" and BINKLEY & BARFIELD, INC, hereinafter referred to as
"ENGINEER" acting by and through their duly authorized representatives The terms of this Agreement shall
be admunstered on behalf of the City by its Director of Engineering and Transportation or his designated
representative hereinafter referred to as "D~rector"
WITNESSETH The CITY hereby contracts for the services of ENGINEER to prepare construction plans,
specifications, details, and special provisions for
Kerlv, Street Culvert
located m the City of located in the City of Denton, Denton County, Texas, hereinafter called the "PROJECT"
I EMPLOYMENT OF THE ENGINEER
The City agrees to retain the Engineer, and the Engineer agrees to perform professional
engineering services in connection with the ProJect as set forth in the paragraphs following, with
diligence and in accordance w~th the usual professional standards customardy obtained for such
services in the State of Texas, and the City agrees to pay, and the Engineer agrees to accept fees
as specified m the paragraphs following as full and final compensation for the work
accomplished
II SCOPE OF SERVICES
The scope of the work is set forth in Exhibit A, attached to and made part of this Contract for
all purposes Deviations from the scope of work may be authorized from time to tn'ne by the
City by written author~zatlon
III SCHEDULE OF WORK
The Engineer agrees to begin work ~mmed~ately upon execution of this Contract and to proceed
diligently with said work to completion, as described in Exhibit B, attached hereto and made a
part of this contract for all purposes Th~s agreement may be sooner terminated in accordance
with the provisions hereof Tune is of the essence ~n this agreement The engineer shall make
all reasonable efforts to complete the services set forth herein as expedmously as possible and
to meet the schedule of work herein established
IV COMPENSATION AND METHOD OF PAYMENT
Payment to the Engineer for services rendered will be made monthly based upon the Engineer's
monthly progress report and itemized and certified statements on an invoice form that is
acceptable to the City Monthly statements should include authorized non-salary expenses with
supporting itemized ~nvoices and shall be submitted to the City on or about the fifteenth (15) day
of each month
Compensation for the services of the Engineer will be as set forth in Exhibit C, which ~s
attached hereto and made a part of this contract for all purposes
The itemized and certffied statements shall show the total mount earned to the date of
submission and the amount due and payable as of the date of the current statement Final
payment of any money due shall be made to the Engineer after satisfactory completion of all
services and obhgat~ons covered m this contract, including acceptance of design by the City
The final payment does not relieve the Engineer of his responsibility of correcting any errors
and/or omissions resulting from his negligence during the design as well as the construction of
the project Nothing contained in this section shall require the City to pay for unsatisfactory,
as reasonably determined by the Director, or which is not submitted in compliance of the
contract, or when the engineer is in default under this contract
V INFORMATION TO BE PROVIDED BY THE CITY
The City agrees to furmsh the information set forth in Exhibit D, attached to and made a part
of this Agreement for all purposes, prior to the Engineer's beglnmng work
VI PROGRESS REPORTS
The Engineer shall submit monthly progress reports and attend monthly progress meetings
scheduled by the City Each report shall outline work accomplished and special problems or
delays encountered on the ProJect during the previous report period, and the planned work
aCtlWtles and special problems or delays anticipated for the next report period
VII INSURANCE
A The Engineer agrees to furnish, Engineer's Workman's Compensation m accordance with
statutory requirements and Professional and Employer's Llabihty Insurance for bodily injury and
property damage in amounts satisfactory to the City but not less than $1,000,000 annual
aggregate, and agrees that such coverage shall be maintained during the term of this Contract
The Engmeer shall be responsible for deterunmng that its subcontractors, where permitted,
lhkewlse carry and maintain adequate insurance coverage
B All such insurance shall be maintained with an insurance company licensed to do business
m Texas with a rating of A- or above with Best The insurance pohcles shall name the City as
an additional insured and contain a provision that such insurance shall not be cancelled or
modffied without 30 days prmr written notice to the City
VIII LIABILITY
The Engineer will and does hereby agree to indemnify and hold harmless the City and ItS
officers, agents, and employees, from any and all damages, loss or hablhty of any kind
whatsoever, including bodily injury, property damages, court costs and reasonable attorney's
fees, by reason of injury to third persons occasioned by any negligent act, error or omission of
the Engmeer, its agents, employees, or other person for whom the Engineer is legally liable, in
rendering or failing to render professional services with regard to the performance of this
Agreement The Engineer will, at his cost and expense, defend and protect the City against any
and all such claims and demands arising out of the negligent performance of the Engineer, as
agents, employees or other persons for whom the Engineer is legally liable, in connection with
work performed under this Agreement
IX INDEPENDENT CONTRACTOR
In the performance of work or services hereunder, the Engineer shall be deemed an independent
contractor not under the dlreet control and superwslon of the City, and any of its employees
performing work reqmred hereunder shall be deemed solely employees of the Engineer, or its
subcontractors where perrmtted
X SUBCONTRACTS
In fulfxlhng its duties pursuant to this Contract, the Engineer may subcontract to md~wduals,
corporations, orgamzatlons, governments or governmental subdivisions or agencies, partnerships,
assoclattons or other legal entxtles Such subcontracts will be entered into only with written
approval from the Cxty Subcontractors are listed in Exhibit E, which is attached to and made
part of th~s contract for all purposes
XI TRANSFER OF INTEREST
Neither the City nor the Engineer may assign or transfer their individual interests in the Contract
without the written consent of the other party The City and the Engineer each binds itself and
Its successors and assigns to the other party with respect to all covenants of th~s Contract
Nothing herein is to be construed as ereatxng a personal liability on the part of any offxcer 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
w~th respect to all matters covered by the Contract and wxll permit representatives of the Cxty
to audit, examine and make excerpts or transcripts from such records and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Contract, for a period of three (3) years from
the date of final settlement or for such other or longer period, d any, as Is required by
apphcable statute or lawful requirements
XIII EQUAL EMPLOYMENT OPPORTUNITY
The Engineer shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex or national origin The Engineer shall take affirmative action to
ensure that appheants are employed, and that employees are treated during employment, without
regard to their race, color, rehgxon, sex or national orxgln Such action shall include, but not
be lunlted to, the following Employment, upgrading, demotions or transfers, recruitment or
recruitment advertising, layoffs or terminations, selection for traimng, ~ncludxng apprentxceshlps,
and participation m recreational aetlvltaes The Engineer agrees to post m conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondlscrumnation clause The Engineer will, in all solicitations or
advertisements for employees placed by or on behalf of the Engineer, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex
or national origin The Engineer will cause the foregoing provlsxons to be inserted m all
subcontracts for any work covered by the Contract so that such provision wxll 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 submit such reports concermng the racial and ethmc origin(s) of apphcams for
employment and employees as the law may require The Engineer agrees to comply with such
rules, regulations or guidelines as may be issued to maplement these requirements
XIV CONTRACT TERMINATION
Either party may terminate this Contract upon giving written notice to the other party at least
thlr~ (30) days prior to the date of termination In the event of termination, the Engineer shall
deliver to the City all flmshed or unfimshed documents, data, studies, surveys, drawings, maps,
models, reports, photographs, ere, prepared by the Engineer under this Contract The Engineer
shall be entitled to receive just and equitable compensation for any work satisfactorily completed
m accordance with the provisions of this agreement prior to termination Should the City
subsequently contract with a new consultant for continuation of services on the project, the
Engineer shall cooperate in providing information
XV COST ESTIMATES
Cost esUmates prepared by the Engineer represent its best judgement as a design professional
familiar with the construction 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, estimates, specifications, field notes and data are
and shall remain the property of the City, and the City shall have the right to access and use of
all such data related to the project The Engineer shall have the right to retain copies of all such
documents The Engineer will provide a complete set of reproducible mylars of the completed
drawings plus magnetic disks 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
hable 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
adflltlonally stated an Exlublts A through E
XVIII RIGHT-OF-ACCESS
The City will furnish right-of-access on the land for the Engineer to perform the required
surveys, or other necessary investigations The Engineer will take reasonable precautions to
mmnnlze damage to the land m the performance of such surveys and investigations The City
will explain to land owners that some damage to vegetation may be unavoidable when obtalmng
access to the site, and in performance of survey activities
XIX MAILING ADDRESSES
All notices and commumcations under this Contract to be marled or delivered to the City shall
be sent to the address of the City as follows, unless and until the Engineer is otherwise notifaed
Mr Jerry Clark, P E
Cxty of Denton
City Hall West
221 North Elm
Denton, Texas 76201
All notices and commumcatlons under this Contract to be marled or delivered to the Engineer shall be
sent to the address of the Engineer as follows, unless and until the City as otherwise noUfied
Fred Balster. P E
BINKLEY & BARFIELD. INC
12860 Hfllcrest Road. State 222A
Dallas, Texas 75230-1519
Any not,ecs and commumcatlons required to be gaven in writing by one party or the other shall be
consadered as having been given to the addressee on the date the notice or commumcataon as posted
by the sending party
XX CONTRACT AMENDMENTS
The part,es hereto, wathout invalidating this Contract, may alter or amend this Contract upon
advance written agreement of the parties
XXI RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the City shall not constitute nor be deemed a release of the responsIblhty and
liability of the Engineer, ~t's employees, assocaates, agents, and consultants for the accuracy and
competency of their desagns or other work, nor shall such approval be deemed to be an
assumptxon of such responsibility by the Caty for any defect in the design or other work prepared
by the Engmeer ars employees, subcontractors, agents, and consultants
XXII VENUE
Venue of any stat or cause of actaon under this contract shall he exclusavely In Denton County,
Texas Thxs contract shall be construed in accordance w~th the laws of the State of Texas
XXIII NO BENEFITS
Nothing under this Contract shall be construed to gave any rights or benefits m this contract to
anyone other than City and Engineer and the duties and responsibflmes undertaken are not for
the benefit of any other party
XXIV COMPLIANCE WITH LAWS
Engmeer shall fully comply with all applicable Federal, State, and local laws
XXV CAPTIONS
The captions of th~s contract are for mfurmat~onal purposes only and shall not in any way affect
the substantive terms or conditions of this contract
Executed ~n two (2) counterparts, each of which is deemed to be an original and as of the day and date
first written m fins contract
IN WITNESS WHEREOF, the C~ty of Denton, Texas, by its duly authorized C~ty Manager and
engineer, has executed fins Agreement through its duly authorized undersigned officer on the
dayof
CITY CONTRACTOR
The C~ Texas BINKLEY & B~IRFIELD. INC
C~ty Manager lfired Baister, P E
Engineer-Manager
6
EXHIBIT A
BASIC SERVICES
The scope of services includes civil engineering serwces for the preparation of
construction plans for the replacement of an ex~st~ng culvert on Kerly Street and a bike
path The project would mclude reconstruction of a portion of Kerly Street,
channehzatlon, and relocation of uttht~es
SPECIAL SERVICES
Topographic survey of the site and settmg control points for the contractor's surveyor
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 ~s 120 calendar days
EXHIBIT C
BASIC SERVICES LUMP SUM FEES
Construction Plans and Bid Documents $14,000 00
SPECIAL SERVICES
Topographic Survey $ 1,500 00
Expenses $ 1,400 00
Total $ 16,900 00
EXHIBIT D
Items to be furnished by the City
1 Horizontal and vertical control data
2 As built plans of the existing infrastructure
3 B~ke path approvals
EXHIBIT E
Subcontractor L~st
JOM, Inc - Survey Services