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1990-090AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COLEMAN AND ASSOCIATES SURVEYING FOR FIELD SURVEY AND DATA COLLECTION SERVICES RELATING TO THE CONSTRUCTION OF PUMP STATION AND A THIRTY-SIX INCH (36") WATER TRANSMISSION LINE; 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 authorized to execute a contract with Coleman and Associates Surveying for field survey and data collection services relating to the construction of pump station and a thirty-six inch (36") water transmission line under the terms and conditions contained within said contract, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds not to exceed Eighty-Two Thousand ($82,000) Dollars in exchange for the services required pursuant to the Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. /% PASSED AND APPROVED this the /~ay of , 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY STATE OF TEXAS ) COUNTY OF DENTON ) THIS CONTRACT is made and entered into by and between the City of Denton, a Municipal Corporation with its principal place of business located at 215 E. McKinney St., Denton, Texas (hereinafter referred to as "CITY") and Coleman and Associates Surveying of Denton, Texas (hereinafter referred to as "CONSULTANT"). 1. PURPOSE The purpose of this contract is to state the terms and conditions under which CONSULTANT shall provide field survey and data collection services in connection with the design and construction of the TREATED WATER TRANSMISSION LINE between the Main Treatment facility on McReynolds Road and the Booster Pump facility near Hartlee Field Road, as set forth in Exhibit "A" attached hereto and made a part hereof. 2. DESCRIPTION OF SERVICES CONSULTANT's services hereunder shall include, but shall not be limited to, the following: A. CONSULTANT shall perform all the services as set forth in Exhibit "A" hereto in accordance with Manual of Practice for Land Surveying in Texas as adopted by the Texas Society of Professional Surveyors (1988 Revised Seventh Edition approved October 1988). B. CONSULTANT shall work closely with the Engineering Administrator and perform the related tasks required by CITY in order to fulfill the purposes of this Contract, including work coordinated under the terms of the contract between the City of Denton and Freese & Nichols of Fort Worth, Texas (hereinafter referred to as "ENGINEER") or other Consultants as authorized by CITY. C. CONSULTANT shall deliver all data, reports and documents which result from its services to CITY or other designated party in such form as is satisfactory to CITY. The prime contact for CITY in all matters related to the performance of the provisions of this contract shall be: Lee Allison Engineering Administrator City of Denton 901A Texas St. Denton, Texas 76201 3. PERFORMANCE OF SERVICES A. CONSULTANT and its employees or associates shall perform all the services under this Contract. CONSULTANT represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described in Section 2. B. CONSULTANT intends to retain Subconsultmnts to assist by providing technical expertise in the areas of Global Positioning Systems (GPS) control and electronic data collecting and transfer. COLEMAN & ASSOC. SURVEYING will maintain responsibility for, and complete control over, the project and the resulting information. Copies of Subconsultant Agreements will be provided to CITY. 4. TERM The term of this Contract shall begin on the date the contract is accepted by CITY. CONSULTANT understands and agrees that time is of the essence. Reports and data for each parcel shall be delivered to CITY as completed. All services, written reports and other data are to be completed and delivered to CITY within one hundred eighty (180) days after acceptance of this contract. An extension of time, based upon good reasons presented by CONSULTANT may be granted by CITY. 5. PAYMENT FOR SERVICES A. Payment for the services outlined under the scope of work shall be for productive time actually spent on the project by personnel on the basis of hourly rates set forth in Exhibit "B", plus direct non-labor expenses times a multiplier of 1.0, plus sub- contract and other outside services times a multiplier of 1.15 with the maximum compensation not to exceed eighty two thousand ($82,000) dollars. Consultant shall submit itemized monthly statements for services, expenses and outside costs incurred. CITY shall make payments in the amount shown by CONSULTANT'S monthly statements based upon the documentation submitted. Nothing in this section shall require city to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this agreement. Progress payments to CONSULTANT will be made within twenty one (21) days after receipt of invoice to CITY for services rendered by CONSULTANT, provided the said progress invoices are delivered at least thirty (30) days apart. The final payment due CONSULTANT hereunder will not be paid until the data and documents have been received and approved by CITY and will be made within thirty (30) days after receipt of the final invoice. B. "Sub-Contract Expense" is defined as the expense that is incurred by CONSULTANT in employment of others in outside firms for services in the nature of GP$ control, electronic data transfer, utility location and similar services that are not included in the Basic Services. C. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. 6. CHANGE IN SCOPE CITY may request, from time to time, changes in the scope or focus of the activities, conducted or to be conducted by CONSULTANT pursuant to this Contract. Any such change from the scope of services set out in Section 2 shall be mutually agreed on by the parties hereto in writing and only by amendment to the agreement. Any change which will cause the actual payments to CONSULTANT to exceed the maximum amount stated in Section 5 shall be submitted to CITY and approved in writing and in accordance with current State and Local laws prior to commencing With the work. 7. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by or assembled by CONSULTANT under this Contract shall be disclosed or made available to an individual or organization by CONSULTANT without the express prior written approval of CITY. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CITY, all information and other data, given to, prepared or assembled by CONSULTANT under this Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY. CONSULTANT will retain copies of all documents for its files. 9. INSURANCE REQUIREMENTS CONSULTANT shall procure, pay for, and maintain during the term of this Contract, with a company authorized to do business in the State of Texas and acceptable to CITY, the minimum insurance coverage contained in Exhibit 'C" attached to and made part of this Contract. 10. INDEMNITY CONSULTANT agrees to defend, indemnify and hold CITY, its officers, agents and employees, harmless against any and all claims,~ lawsuits, Judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damage is sought that may arise out of or be occasioned by CONSULTANT's intentional or negligent breach of any of the terms or provisions of this Contract, or by any other negligent act or omission of CONSULTANT, its officers, agents, associates, or employees in the performance of this Contract. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 3 11. COMPLAINTS Pursuant to Section 29 of the Land Surveying Practices Act of 1979, the following information is made a part of this contract: The Texas Board of Professional Land Surveying (TBPLS) 7703 N. Lamar #304, Austin, Texas 78752, Telephone (512) 452-9427, has jurisdiction over licensing of Land Surveying. Any unresolved complaints about surveying services should be forwarded to the above address. 12. RIGHT OF REVIEW AND AUDIT CITY may review any and all of the services performed by CONSULTANT under this Contract and is hereby granted the right to audit, at its election, all of CONSULTANT'S records and billings relating to the performance of this Contract. CONSULTANT agrees to retain such records for a minimum of three (3) years following completion of this Contract. 13. GIFT TO PUBLIC SERVANT A. CITY may terminate this Contract immediately if CONSULTANT has offered, conferred, or agreed to confer any benefit upon a City of Denton employee or official that the City of Denton employee or official is prohibited by law from accepting. B. For purposes of this section, "benefit" means anything reasonably regarded as economic advantage, including benefit to any other person in whose welfare the beneficiary is interested, but does not include a contribution or expenditure made and reported in accordance with law. C. Not withstanding any other legal remedies, CITY may require CONSULTANT to remove any employee of CONSULTANT from the Project who has violated the restrictions of this section or any similar state or federal law, and obtain reimbursement for anY expenditures made to CONSULTANT as a result of the improper offer, agreement to confer, or conferring of a benefit to a City of Denton employee or official. 14. NONDISCRIMINATION As a condition of this Contract, CONSULTANT covenants that CONSULTANT will take all necessary actions to insure that, in connection with any work under this Contract, CONSULTANT, and his associates, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to Job performance, either directly, indirectly or through contractual or other arrangements. In this regard, CONSULTANT shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of CITY, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 15. CONTRACT PERSONNEL This Contract provides for personal or professional s~rvlces, and CONSULTANT shall not assign this Contract, in whole or in part, without the prior written consent of CITY. 16. TERMINATION Either CITY or CONSULTANT may terminate this Contract upon fifteen (15) days written notice to the other party with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONSULTANT shall invoice CITY for all services completed and shall be compensated in accordance with the terms of this Contract for all services performed by CONSULTANT prior to the date specified in such notice. 17. NOTICES Ail notices, communications, and amendments required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five days after mailing. If intended for CITY, to: City Manager City of Denton 215 E. McKfnney Denton, Texas 76201 If intended for CONSULTANT, to: Wm. M. Coleman President Coleman & Associates Surveying P.O. Box 686 Denton, Texas 76202 18. INDEPENDENT CONTRACTOR In performing services under this Contract, the relationship between CITY and CONSULTANT is that of independent contractor, and CITY and CONSULTANT by the execution of this Contract do not change the independent status of CONSULTANT. No term or provision of this Contract or act of CONSULTANT in the performance of this Contract shall be construed as making CONSULTANT the agent, servant, or employee of CITY. 19. VENUE The obligations of the parties to this Contract are performable in Denton County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Denton County, Texas. 20. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and ordinances of the City of Denton as amended, and all applicable State and Federal laws. 21. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 23. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 24. CAPTIONS The caption to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 25. SUCCESSORS AND ASSIGN This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 26. ENTIRE AGREEMENT This Contract (consisting of pages 1 thru 12 inclusive) embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this the ~_~_~_ day of __~, 1990, by CITY, signing by and through its duly/Z/authorized official and by CONSULTANT, acting through its duly au~orized official. CONSULTANT: CITY: Coleman and Assoc. Surveying City of Denton Wm. M. Coleman / EXHIBIT A: SCOPE OF SERVICES TO BE PROVIDED COLEMAN & ASSOC. SURVEYING (hereinafter referred to as "CONSULTANT") shall provide professional land surveying services to the CITY OF DENTON (hereinafter referred to as "CITY") in connection with the design and construction of a Water Treatment facility and Transmission Line from Ray Roberts Lake to the proposed Booster Pump Station near Hartlee Field Road. This work will be done in conjunction with other services performed by COLEMAN & ASSOC. SURVEYING on this project in the past or future under other agreements. This Exhibit is intended as an attachment to the Contract to Provide Professional Services between CITY and CONSULTANT (the "Contract") and covers work on the TREATED WATER TRANSMISSION LINE from the Regional Water Treatment Facility on McReynolds Road to the Booster Pump Station near Hartlee Field Road. The "Basic Services" are as follows: 1. Stake preliminary centerline (baseline) for the Treated Water Transmission line from the Main Treatment Plant on McReynolds Road to the Booster Pump Station near Hartlee Field Road. The exact alignment will be provided later but will generally follow the routing proposed in the Preliminary Design Report prepared by Freese & Nichols, Inc. (1989). 2. Provide a description of the proposed easement along with a sketch showing its location across each parcel affected for inclusion in the documents necessary to obtaining right-of- way. The City of Denton will provide the name of the current owner, a copy of the current deed, and right-of- entry for each parcel prior to field surveying. 3. Coordinate the establishment of Global Positioning System (GPS) control and monumentation, and adjusting data between the different base datums and phases of the entire project. One permanent GPS monument will be set along the route at or near the halfway point and another on the grounds of the Booster Pump Site at locations approved by the City. 4. Provide topographic data covering the existing features affecting the design of the proposed water line. The topographic information to be used for the design portion of the project will be provided in accordance with the following recommended specifications: The survey requirements for the 36-inch discharge water line from the Lake Ray Roberts Water Treatment Plant to Hartlee Field Road Booster Pump Station are as follows: Coleman & Associates shall furnish the City the survey data in an electronic note format. We request that the survey electronic notes tie the various objects to the left or right of the survey baseline stationing, and that the survey baseline follow the approximate alignment of the proposed water line as closely as possible. The survey baseline shall be tied to the Hartlee Field Road Booster Pump Station property and the Lake Ray Roberts Water Treatment Plant property. The survey information to be tied horizontally and vertically is listed as follows: Horizontal Ties Items Vertical Data Required 1. Survey Baseline (Bearings, 1. Grnd shots @ 100 foot Distances, P.I.s). stations and at major breaks greater than 2 feet between stations. Benchmarks spaced along survey route. 2. Fences (note type). 2. Not Applicable (N/A). 3. Road/Street Crossing 3. Grnd shots at R.O.W.'s, (note type and width F/L ditches, and edge of pavement & R.O.W.). of pavement. 4. Existing structures that 4. Top and toe of structure. may affect construction (i.e., bridges, piers, abutments slope protection, etc.). 5. Existing utilities to 5. Some utilities will include, but not limited to: require being exposed. a. Underground and a. N/A overhead telephone. b. Underground and b. N/A overhead electric. c. Underground cable c. N/A vision. d. Gas and petroleum d. Size and top of pipe pipelines. e. Water lines, e. Size, type and top of pipe f. Wastewater collection f. Top, F/L's in man- lines (manholes), if holes, line size, any. type of pipe g. Culverts. g. F/L's, size and type h. Water valves, clean-outs, h. Top of operating blow-offs, airvalves, nut, top of cover, size i. Street lights, i. N/A j. Traffic lights, j. N/A Angle of intersection of utility with survey baseline should be noted. 6. Ties to roadways, edge of 6. N/A pavements, paralleling survey baseline. 7. Trees and scrubs larger 7. N/A than 6 inches in diameter. 8. Water meters, water wells, 8. N/A septic tanks and lateral lines. 9. Driveways (note width and 9. N/A type). 10. Railroad crossings. 10. R.O.W.'s, F/L ditches, C/L tracks 11. Stream/river crossings. 11. Top and toe of bank and water surface elevations ~0 EXHIBIT B RATE SCHEDULE (EFFECTIVE: JANUARY 1, 1990) FIELD CREWS: (Fully equipped with customary supplies and materials) One Man (with Truck) $ 40.00 per hour Two Man Crew $ 65.00 per hour Three Man Crew $ 80.00 per hour Four Man Crew - One Truck $ 95.00 per hour - Two Trucks $115.00 per hour OFFICE: Drafting, Calculations, Research, etc. $ 30.00 per hour Typing, Note Reduction, General $ 22.50 per hour CAD Computer time $ 25.00 per hour Reg. Professional Land Surveyor $ 50.00 per hour Reg. Professional Engineer $ 55.00 per hour Prof. Expert Witness in Court $ 75.00 per hour DRIVE TIME: (as required if over 1 hour round trip) Two Man Crew $ 45.00 per hour Three Man Crew $ 55.00 per hour DIRECT EXPENSES: (As defined in Section 5) Actual cost times a multiplier of 1.00 SUB-CONTRACT EXPENSES: (As defined in section 5) Actual cost times a multiplier of 1.15 NOTE: Time charged to the project will be billed at the above rates. This includes productive time spent which affects the outcome of the project. Time spent on in-house administrative procedures connected with the project tasks is not chargeable at the above rates. Time spent accumulating and preparing non-technical information required for the project is chargeable. EXHIBIT "C" CERTIFICATE OF INSURANCE DATE: 03/21 I~qODUL'~ ; TI~ CERTIFICATE ~ ~ RI~ ~ LelcK ~ ASS~;Q~ ~ E~ ~ ALT~ Colson ~ ASs~;G~ ~ey;~; M;I Itam H Cole~ I ~' C P 0 BOX ~6 D~n Tx 76~ : ~P~ 0 CO : ~ I~CTZ~ I~ZRATI~I L~: ~E ~ ZN~A~ : P~CY ~R ~ DA~ : ~L L~B/LITY : : : : l : I I I I STAGY l : ~ ~~ : Tx Work Co~nsa~i~: I : : ~ I A~slgn~ Risk l : I : : : l Prof~si~al Lia~i li~y ~plica~ion 2~ E ~Kin~y : tO DA~ : LIABILITY OF ~Y : A~RIZ~ REPRE~ATZ~ '