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
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