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-