1990-089AN ORDINANCE AUTHORIZING THE CIFY 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 FORTY-TWO INCH (42") WATEt[ TRANSMISSION LINE; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREF)RE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City M~nager 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 forty-two inch (4~") water transmission line under
the terms and conditions containE~d within said contract, a copy of
which is attached hereto and mad a part hereof.
SECTIO~ II. That the City Council hereby authorizes the
expenditure of funds not to e~ceed Twelve Thousand ($12,000)
Dollars in exchange for the services required pursuant to the
Contract.
SECTION III. That this ~rdinance shall become effective
immediately upon its passage andl approvgl.
PASSED AND APPROVED this the y of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY!
APPR O LEGAL FORM
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 'ith its principal place of business
located at 215 E. McKinney St., Denton, Texas (hereinafter referred
to as "CITY") and Coleman and A~sociates Surveying of Denton, Texas
(hereinafter referred to as "CONSUI.TANT").
i. PURPOSE
The purpose of this contlact 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 PUMP STATION at Ray Roberts Lake dam and the RAW WATER
TRANSMISSION LINE between Ray Roberts Lake dam and the Main Treatment
facility on McReynolds Road, ag 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. C?NSULTANT shall perfqrm all the services as set forth in
Exhibit "A' hereto in accordance with Manual of Practice for Land
Surveying in Texas as adopted ~y the Texas Society of Professional
Surveyors (1988 Revised Seventh EdJtion 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 delive all data, reports and documents
which result from its services CITY or other designated party in
such form as is satisfactory to TY. The prime contact for CITY in
all matters related to the pe formance 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 emplloyees or associates shall perform
all the services under this Contract. CONSULTANT
represents
that
all
its employees or associates who p~rform services under this Contract
shall be fully qualified and clompetent to perform the services
described in Section 2.
B. CONSULTANT intends tOinretainthe Subconsultants to assist by
providing technical expertise 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 ~ill be provided to CITY.
4. TERM
The term of this Contract s~all begin on the date the contract
is accepted by CITY. CONSULTANT ~nderstands 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 ~o CITY within forty five (45) days
after acceptance of this contractLr 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 a ~tually spent on the project by
personnel on the basis of hourly r~tes set forth in Exhibit "B", plus
direct non-labor expenses times a multiplier of 1.0, plus sub-
contract and other outside servia:es times a multiplier of 1.15 with
the maximum compensation not to exceed twelve thousand ($12,000)
dollars. Consultant shall submi~ itemized monthly statements for
services, expenses and outside ~osts incurred. CITY shall make
payments in the amount shown by CO]ISULTANT'S monthly statements based
upon the documentation submitted Nothing in this section shall
require city to pay for any ~ork 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 ~ill be made within twenty one (21)
days after receipt of invoice ~o CITY for services rendered by
CONSULTANT, provided the said p ~ogress invoices are delivered at
leas t thirty (30) days apart. The final payment due CONSULTANT
hereunder will not be paid unt%l the data and documents have been
received and approved by CITY ~nd will be made within thirty (30)
days after receipt of the final invoice.
B. S b-Contract Expense s defined as the expense that is
incurred by CONSULTANT in employment of others in outside firms for
services in the nature of GPS ~control, electronic data transfer,
utility location and similar se[vices 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. Ar y such change from the scope of
services set out in Section 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 documentatior developed by, given to, prepared by
or assembled by CONSULTANT unde~ this Contract shall be disclosed or
made available to an individual er organization by CONSULTANT without
the express prior written approval of CITY.
8. OWNERSHIP OF DOCUMENTS
Upon acceptance or approwl by CITY, all information and other
data, given to, prepared or ~ssembled by CONSULTANT under this
Contract, and any other relate~ documents or items shall become the
sole property of CITY and shell be delivered to CITY. CONSULTANT
will retain copies of all documen for its files.
9. INSURANCE REQUIREMENTS
CONSULTANT shall procure, ! ~y for, and maintain during the term
of this Contract, with a com any 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 defeqd, indemnify and hold CITY, its
officers, agents and employees,~harmless against any and all claims,
lawsuits, Judgments, costs fnd 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 ne ligent breach of any of the terms or
provisions of this Contract, r by any other negligent act or
omission of CONSULTANT, its officers, agents, associates, or
employees in the performance f this Contract. The provisions of
this paragraph are solely for he benefit of the parties hereto and
not intended to create or grant ny rights, contractual or otherwise,
to any other person or entity.
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, Teleph.~ne (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 andIll of the services performed by
CONSULTANT under this Contract and is hereby granted the right to
audit, at its election, all or CONSULTANT'S records and billings
relating to the performance of ~his 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 tht:~ 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 ot]~er legal remedies, CITY may require
CONSULTANT to remove any employe~ of CONSULTANT from the Project who
has violated the restrictions of ~his 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 If Denton employee or official.
14. NONDISCRIMINATION
As a condition of this C~ntract, CONSULTANT covenants that
CONSULTANT will take all neces ~ary 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 il~dividuals on the grounds of race,
color, religion, mational origin, age, sex, or handicap unrelated to
job performance, either directl~r, indirectly or through contractual
or other arrangements. In this ri~gard, CONSULTANT shall keep, retain
and safeguard all records relating to this Contract or work performed
hereunder for a minimum period of/tlree (3) years from final Co~tract
!
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 I
This Contract provides for persona], or professional services,
and CONSULTANT shall not assign this Contract, in whole or in part,
without the prior written consent o CITY.
16. TERMINATION
Either CITY or CONSULTANT May terminate this Contract upon
fifteen (15) days written noti~e to the other party with the
understanding that all services Ibeing performed under this Contract
shall cease upon the date specified in such notice. CONSULTANT shall
invoice CITY for all services cqmpleted 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 Ceposittng same in the United States
mail, postage prepaid, at the addlesses shown below, unless and until
either party is otherwise notified in writing by the other party, at
the following addresses. Mailed .otices shall be deemed communicated
as of five days after mailing.
If intended for CITY, to:
City Manager
City of Denton
215 E. McKinney
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 partLes to this Contract are performable
in Denton County, Texas, and if legal action is necessary to enforce
same, exclusive venue shall lle in Denton County, Texas.
20. APPLICABLE LAWS
This Contract is made subj.~ct to the provisions of the Charter
and ordinances of the City of D~nton as amended, and all applicable
State and Federal laws.
21. GOVERNING LAW
This Contract shall be gow~rned by and construed in accordance
with the laws and court decisions ~f 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 affe~t any other provision thereof and
this Contract shall be conside]~ed as if such invalid, illegal, or
unenforceable provision had never ~een contained in this Contract.
23. COUNTERPARTS
This Contract may be exec ~ted 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 variou~ clauses of this Contract are for
informational purposes only and ~:hall not alter the substance of the
terms and conditions of this Contr~ct.
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, :xcept 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 par~.tes hereto, superseding all oral or
written previous and contemporar5 agreements between the parties and
relating to matters in this C(ntract, 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.
6
g g y g duly/~u~oLz==~ official and by
CONSULTANT, acting through its duly au~h'orized official.
CONSULTANT: CITY:
Coleman and Assoc. Surveying City of Denton
Wm. M. Coleman
President
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 CONSULTANT 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 Pump Station at Ray Roberts Lake dam, the Raw Water
Transmission line to the Regional Water Treatment Facility on
McReynolds Road and design site work at the Treatment Facility. The
"Basic Services" are as follows:
1. Stake preliminary centerline (baseline) for the Raw Water
Transmission line from the proposed Pump Station near the Ray
Roberts outfall structure to the Treatment Plant site on
McReynolds Road.
2. Provide topographic data covering the existing structures at
Ray Roberts outfall, the proposed Pump Station site, the Raw
Water line route and the Treatment Plant site.
3. Provide boundary information along with a description of the
proposed easement across the Corps. of Engineers lands
traversed by the Raw Water line.
4. 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 on the Main Treatment
Plant site at the location approved by the City.
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 42-inch water line from the Lake
Ray Roberts Water Pump Station to the Water Treatment Plant
are as follows:
Coleman & Associates shall furnish the City the survey data in an
electronic note format on an AUTOCAD diskette. 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 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.
Two 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. Note contact info.
if available.
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
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, lateral
lines and fire hydrants.
9. Driveways, sidewalks (note 9. N/A
width and type).
~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"
C E'R T I F I C A 'r E: O F I N S U R A N C E
DATE: 03/21/90
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