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1996-153E \WPDOCS\ORD\TEAGUE 0 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ANENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND TEAGUE, NALL, AND PERKINS, INC FOR PECAN CREEK DRAINAGE STUDY AND SOUTH LAKES PARK DETENTION/RECREATION POND, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING Ai~ EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager IS hereby authorized to execute an Engineering Services Contract between the City of Denton and Teague, Nall, and Perkins, Inc for Pecan Creek drainage study and South Lakes Park detention/recreation pond, a copy of which is attached hereto and incorporated by reference herein SECTION II That the expenditure of funds as required in the attached agreement ~s hereby authorized ~ECTION III That th~s ordinance shall become effective immediately upon its passage and approval PASSED AIgD APPROVED th~s the ~ day of ~ , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / STATE OF TEXAS )( COUNTY OF DENTON )( ENGINEERING SERVICES CONTRACT for PECAN CREEK DRAINAGE STUDY and SOUTH LAKES PARK DETENTION/RETENTION POND THIS CONTRACT, by and between the CITY OF DENTON, a municipal corporation located in Denton County, Texas, hereinafter called "City," and Teague Nall and Perkins, Inc, a corporation authorized to do bus~ness in the State of Texas, hereinafter called "Engineer," acting hereto by and through ~ts duly authorized representative, evidences the following WHEREAS, City desires the professional eng~neenng services of Engineer, for preparation of (1) a drainage study for Pecan Creek from Woodrow Lane upstream beyond Unaversity Drive through the fairgrounds, and (2) design, construction plans, contract documents, spec~ficaUons, and construction administration for the South Lakes Park Detention/Retention Pond, said study area and drainage structure being in the C~ty of Denton and County of Denton, Texas, hereinafter called "Project", and WHEREAS, Engineer represents that at ~s quahfied and capable of performing the professional engineering services proposed herein for th~s Project and ~s wdhng to enter into ttus Contract w~th City to perform said services, NOW, THEREFORE, the parries in consideration of the terms and condmons contained herein agree as follows 1 EMPLOYMENT OF THE ENGINEER Engineer agrees to perform professional services as an independent contractor ~n connection w~th the ProJect as set forth in the following sections of this Contract w~th dthgence and in accordance with usual professional standards customarily obtained for such services in the State of Texas The C~ty agrees to pay, and Engineer agrees to accept fees as set forth in the following sections as full and final compensation for all services prowded under th~s Contract 2 CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the City by the City Engineer or his designated representatives (hereinafter called "City Engineer"), and on behalf of the Engineer by ~ts duly authorized officials 3 ENGINEER'S SERVICES The Engineer agrees to render services necessary for the development and completion of the Project as outhned here~n The professional services to be performed by Engineer under this Contract for the Pecan Creek Drainage Study include, w~thout limitation, the following · Engineer shall attend a prehmlnary planning conference w~th authorized representatives of the City regarding the Project in order to estabhsh the goals and final objectives sought by the City in the preparation of the final report for the drainage study · Engineer shall then gather all technical data required for the Project Data will ~nclude but not be hrmted to all C~ty studies regarding drainage m the C~ty, land use maps, topographic maps (2' contours), constructmn plans, reports on Pecan Creek, effective floodplain studies used to prepare the -1- Flood Insurance Rate Maps (FIRM) hydrology and hydraulics, and any other FIS studies of hydraulics and hydrology related to Pecan Creek · Engineer shall conduct necessary field surveys of existing channel and related improvements along the project limits to verify cross-sections available from existing studies/reports · Engineer shall deternnne ultimate hydrology for the watershed and prepare corresponding computer models · Engineer shall calculate the hydraulics for the entire reach (limits of the Projec0 of the Pecan Creek channel and related tributaries · Engineer shall, with the use of hydrauhc models, analyze and prepare a preliminary design solution for channel and culvert improvements based on ultimate hydrology along the Pecan Creek channel · Engineer shall then meet again with City staff to review preliminary findings and recommendations · Engineer shall incorporate C~ty comments into preliminary findings and then prepare final hydrology and hydraulics · Engineer shall prepare exhibits for final channel and culvert option(s) both on paper (mylar) and in digital format · Engineer shall prepare an oplmon of probable cost for the proposed channel and culvert design solution(s) · Engineer shall attend final review session with City regarding completed report/plan · Engineer shall prepare fifteen (15) copies of final report/plan, maps, and exhibits · Engineer, only ~f requested by City, will attend meetings as necessary to present report/plan findmgs to C~ty Council and/or citizen groups The professional services to be performed by Engineer under this Contract for the design of the South Lakes Park Detention/Retention Pond include, without hmltation, the following · Conduct an m~tlal meeting with the C~ty staff to confirm the Scope of Services The meeting will address the City's desired objectives for this project In addition, design criteria, long term plans for further drainage improvements m the park, construction budget, and any other criteria that the City deems ~mportant, will be addressed · Coordinate with the C~ty to obtain a topographic survey, in d~gital format, which includes the following a Hobson Lane Bridge (outfall for the park drainage) b "As-Built" information for the existing lake c Topography of the proposed lake site · Develop the hydrology of the detention faclhtaes and design the facility per the guidelines established m the pre-design meeting with the City staff · Design the lake outlet structure including enbankment · Prepare construction plans and specfficat~ons for the lake grading, lake outlet structure, and other sections and details as necessary to produce a complete set of plans -2- · Provide an opinion of probable cost to the City for the Project · Conduct review meetings with the City to obtain approval of the proposed design · Engineer shall provide coordination with State agencies 4 PAYMENT FOR SERVICES A Payment for services under Article 3 will be made on the basis of the lump sum amount of $ 88,000, ($ 60,000 for the Pecan Creek Drainage Study and $ 28,000 for the South Lakes Park Detention/Retention Pond) B No separate payments will be allowed for such items as expenses for supplies, transportation, equipment, local travel, communication, subsistence, and subcontractor cost, and other similar incidentals, and all such expenses shall be included in the lump sum amount C Should any travel outside of the Dallas-Fort Worth-Denton Metropolitan Area be required, separate payment for travel expenses will be penmtted, but only at the direction of the City Engineer and only upon submission of itemized billings showing the amount of such travel expenses D Engineer shall submit itemized monthly statements for services rendered Each statement will reflect an estimated percentage (%) of the total contract services provided during that month less any previous payments by the City However, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered The City may withhold the final five (5%) percent of the contract amount until completion of the ProJect City shall make payments in the amount shown by the Engineer's monthly statements and other documentation submitted No interest shall be due on late payments E Nothing contained in this article shall require City to pay for any work which Is unsatisfactory as reasonably determined by the City Engineer or which is not submitted m compliance with the terms of this Contract City shall not be required to make any payments to the Engineer when the Engineer is m default under this Contract, nor shall this paragraph constitute a waiver of any right, at law or in equity, which City may have if the Engineer is m default, including the right to bring legal action for damages or for specific performance of this Contract Engineer shall not be authorized to undertake any work pursuant to this Agreement wl~ch would require additional payments by the Owner for any charge, expense or reimbursement above the maximum fee as stated without written authorization from the Owner 5 OWNERSHIP OF DOCUMENTS All mformatzon and other data given to, prepared, or assembled by Engineer under this Contract, and other related items shall become the sole property of City and shall be delivered to City, without restriction on future use Engineer may make copies of any and all documents and items for its files A set of mylar reproducibles of all Project exlubits shall be filed with City prior to final payment Engineer shall have no liability for changes made to or use of the exhibits, cost estimates, hydrologic/hydraulic data, and other documents contained m the Project submittal by anyone subsequent to completion of the ProJect City shall require that any such change or other use shall be sealed by the Engineer malong that change or use and shall be approximately marked to reflect what was changed or modified 6 RI BY IY City shall provide the following services under this Contract A Provide available drainage criteria, existing reports/studies, and all other Project-related information to the Engineer as C~ty's requirements for the Project B Provide detailed 2-foot contour topographic maps for the entire Project watershed Maps shall be provided in digital format as well as blue hne, black hne, or mylar hard copy C Provide all available City construction drawings, maps, reports, and notes related to drainage faclhnes within the Project area D Provide a topographic survey of the South Lakes Park area in dltgltal format Th~s survey shall include the Hobson Lane Bridge, "as-budt" topography related to the existing lake, and topography of the proposed lake site 7 COMPLETION SCHEDULE The services furnished by the Engineer under this Contract will be completed in accordance with the following For the purposes of this Contract, a month is defined as tbarty (30) calendar days, and a week is defined as seven (7) calendar days If the Project submission date falls on a City non-worlong day, then the submission shall be due the following City working day The study and design phase portion of the Contract shall be completed within 150 calendar days from "Notice to Proceed" This Contract may be terminated sooner in accordance with the provisions described herein Time is of the essence m this Agreement The Engineer shall make all reasonable efforts to complete the services set forth herein as expedlnously as possible and to meet the schedule established herein 8 NOTICE TO PROCEED City shall have complete control of the services to be rendered, and no payable work shall be done under this Contract until the Engineer is instructed in writing to proceed 9 TERMINATION OF CONTRACT City may ~ndefinltely suspend further work hereunder or terminate th~s Contract, or any phase of this Contract, upon thirty (30) days prior written nonce to the Engineer with the understanchng that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease lnuned~ately Before the end of the tbarty (30) day period, Engineer shall invoice the City for all work satisfactorily accomplished by him prior to the receipt of such nonce No amount shall be due for lost or anticipated profits All data, exhibits, estimates, field surveys, and other data related to the Project shall become the property of City upon termination of the Contract and shall be promptly dehvered to City m a reasonably organized form without restriction on future use except as stated in Article 5 Should City subsequently contract with a new consultant for continuation of services on the Project, Engineer shall cooperate in prowdlng information previously generated by Engineer -4- 10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by City shall not constitute nor be deemed a release of the responsibility and liability of the Engineer, its employees, associates, agents, and subconsultants for the accuracy and competency of their preliminary designs or other work, nor shall approval be deemed to be an assumption of such responsibility by City for any defect in the preliminary design or other work prepared by the Engineer, ~ts employees, associates, agents, and subconsultants 11 EOUAL EMPLOYMENT OPPORTUNITY A The Engineer shall not discriminate against any employee or applicant for employment because of race, age, color, rehglon, sex, ancestry, national origin, or place of birth The Engineer shall take affirmative action to insure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth B If the Engineer fails to comply with the Federal laws relating to Equal Employment Opportumty, it is agreed that the City at its option may do either or both of the following 1) Cancel, terminate, or suspend the Contract in whole or in part, 2) Declare the Engineer ineligible for further City contracts until he is determined to be in compliance 12 AM_E_ND_M_E]~S_ This Contract may be amended or supplemented in any particular manner only in written instrument and only as approved by resolution of City Council or the City Engineer except for termination under Section 9, rml 1on C r , wluch may be accomplished by the City Engineer or fus designated representative as identified in Section 9, T rmln ion of o r ct 13 COMPLIANCE WITH LAWS. CHARTERS. AND ORDINANCES. ETC. The Engineer shall prepare the Project plan in compliance with the Charter and Ordinances of the City, and with applicable laws, rules and regulations promulgated by local, state, and national boards, bureaus, and agencies existing and published before date of this agreement 14 ~ Engineer agrees that City may rewew any and all of the work performed by Engineer under this Contract City is hereby granted the right to audit, at City's election, all of the consultant's records and billings related to the performance of this Contract Engineer agrees to retain such records for a minimum of three (3) years following completion of th~s Contract 15 CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services, except on behalf of the City as an officer or employee Any willful violation of ttus section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the City Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the City shall render the Contract involved voidable by the City Engineer or the City Council -5- 16 CONTRACT ASSIGNMENT This Contract is for personal and professional services, and the Engineer shall not assign this Contract, in whole or in part, without the prior written consent of the City 17 NOTICES All not~ces, commumcat~ons, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing the same in the Umted States Mall at the address shown below unless and until either party is otherwise notified in wrmng by the other party at the following addresses Mailed notices shall be deemed communicated after five days If intended for Denton, to If intended for Engineer, to J~rry Clark. P.E. J, Richard Perkins. P.E. Contact Person Contact Person C~ty g,n_~meer Principal Title Title City of Denton Teague Nall and Perkins, Inc 221 N Elm 2001 W Irving Blvd Denton, Texas 76201 Irving, Texas 75061 (817) 566-8358 (214) 251 - 1627 (Metro) 18 INDEPENDENT CONTRACTOR In performing services under this Contract, Engineer is performing services of the type performed prior to this Contract, and Engineer by the execution of this Contract does not change the independent status of the Engineer, who shall remain an independent contractor not worl~ng under the direct supervision and control of the City No term, or provision hereof, or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent, servant, or employee of the City of Denton Engineer agrees to defend, indemnify, and hold City and its officers, agents, and employees whole and harmless from habthtles against any and all claims for damages, costs, and expenses of persons or property including bodily injury and death and court costs and attorney's fees incurred by the City that may arise out of, or be occasioned by, or from any negligent act, error or ormsslon in the execut~nn, operation, or performance of this Contract, without regard to whether such persons are under the d~rectlon of City agents or employees 20 ~ A During the performance of services under this Agreement, Engineer agrees to maintain workmen's compensation ~nsurance in accordance with statutory requirements to cover all of its own personnel engaged in performing services for client under flus Agreement Engineer also agrees to maintain professional and public liability insurance covering claims against Engineer for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this agreement with limits of not less than $1,000,000 annual aggregate for public liability insurance and $500,000 per occurrence for professional liability insurance B All such ~nsurance shall be ma~ntained w~th an ~nsurance company hcensed to do business m the State of Texas that ~s rated at least A- by BEST The Engineer shall furmsh insurance certificates to ewdence such coverages The insurance shall name the C~ty as an additional ~nsured on all such pohc~es and shall contain a provision that such ~nsurance shall not be canceled or modified w~thout 30 days prior written not~ce to C~ty 21 VENUE The obhgat~ons of the part~es to this Contract are performable m Denton County, Texas, and ff legal action ~s necessary to enforce ~t, exclusive venue shall he in Denton County, Texas 22 R I L Tlus Contract shall be governed by and construed in accordance wtth the laws and decisions of the State of Texas 23 LEGAL CONSTRUCTION In case any one or more of the provisions contained m th~s Contract shall for any reason be held to be mvahd, ~llegal, or unenforceable ~n any respect, such ~nvahd~ty, lllegahty, or unenforceab~hty shall not affect any other prows~ons thereof, and th~s contract shall be considered as ~f such ~nvahd, ~llegal or unenforceable provision had never been contained m this Contract 24 PUBLISHED MATERIAL Engineer agrees that the City shall rewew and approve any written material about C~ty plans, projects, and/or act~wt~es prior to being pubhshed by the Engineer 25 CAPTIONS The captions to the various clauses of tlus Contract are for mformat~onal purposes only and shall not alter any substance of the terms and conditions of this Contract 26 SUCCESSORS AND ASSIGNS Th~s Contract shall be b~nd~ng upon and ~nsure to the benefit of the part,es hereto and their respective he~rs, executors, adm~mstrators, successors and, except as otherwise provided ~n th~s Contract, their assigns 27 ENTIRE AGREEMENT Th~s Contract (page 1 thru 8) embodies the complete agreement of the part~es hereto, superseding all oral or wrttten previous and contemporary agreements between the part~es and relating to matters ~n tins Contract, and except as otherwise provided herein, cannot be modified w~thout wrnten agreement of the part~es to be attached to and made a part of this Contract -7- IN WITNESS WHEREOF, the C~ty of Denton, Texas, has caused th~s agreement to be executed ~n tr~phcate orlgmals by ~ts duly anthor~zed C~ty Manager, and Engineer has executed th~s Agreement through ~ts duly authorized undersigned officer on th~s date, the 2~day , 1996 TEAGUE NALL AND PERKINS. INC. CITY OF DENTON F~rm Name ~ ~ Slate~~ PRINCIPAL Title ATTEST 2ooi w ~v~n_~ Blvd. ~5~ Address Irwn_e. Texas 75061 ATTEST (I ~k.~ APPROVED AS TO LEGAL FO~' - Herbert L Prouty, C~ty Attorney -8-