1989-0922730L
NO F9 -090
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
TRAFFIC ENGINEERING CONSULTANTS FOR CONSULTING SERVICES RELATIVE
TO THE CITY'S DOWNTOWN DENTON SQUARE, AUTHORIZING THE EXPENDITURL
OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
agreement between the City of Denton and Traffic Engineering
Consultants for professional consulting services relating to the
Downtown Denton Square, under the terms and conditions contained
in agreement, a copy of which is attached hereto and made a part
hereof
SECTION II That the City Council hereby authorizes the
expen ture o funds not to exceed Thirteen Thousand Five Hundred
($13,500) Dollars
SECTION III That this
imme ate y upon its passage and
PASSED AND APPROVED this the day of , 1989
ordinance shall become effective
approv 1
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J E HOPKINb
ATTEST
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RY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
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TH AG EEMENT, made and entered into this day of
11989 by and between the CITY of DENTON, TEXAS
called the , ENGINEER)F ENasGINEERING
h a einafter lled the
I (h
WHEREAS, the CITY desires to contract for professional engine-
ering services relating to the preparation of the necessary
Preliminary Report, Plans and Specifications and Timing Plan
Implementation, pursuant to the construction of the CITY'S Closed
Loop Coordinated Traffic Signal System described as follows
Coordination of ten (10) intersections on Elm Street and
Locust from Parkway to Sycamore in downtown Denton
Attachment A is made a part of this agreement and more
particularly describes the Scope of Work
hereinafter called the PROJECT, and
WHEREAS, the City Council of the CITY has provided funds for
engineering Pees for the PROJECT, with estimated construction costs
of $430,000
NOW, THEREFORE, in consideration of their mutual covenants,
promises and agreements of the parties hereinafter set forth, to
be kept and performed by them, it is hereby contracted and agreed
1 1 The ENGINEER shall perform all services in accordance
with good engineering practices and in the best interests
of the CITY which shall be necessary for the completion
of the PROJECT to the satisfaction of the CITY Engineer
1 2 After written authorization to proceed with the Pre-
liminary Design Phase, the ENGINEER shall
(a) Prepare preliminary design documents consisting of
final design criteria and preliminary drawings
(b) Based on the information contained in the
preliminary design documents, submit an opinion of
probable costs for the PROJECT including construc-
tion costs, contingencies, compensation for all
consultants, cost of land, rights-of-way, compen-
sation for or damages to properties, and utility
relocations (All of which are hereinafter called
"Project Costs
1
(c) Present and review the preliminary design
documents and costs estimates in person with the
CITY and the necessary state and federal
authorities
(d) Arrange and attend a meeting with representatives
of the CITY and all interested government agencies
and utility companies for an on-site inspection
and evaluation meeting with the plan-in-hand The
ENGINEER agrees to abide by any changes which
result from such meeting and incorporate all such
changes in the plans prior to final submission to
the CITY
1 3 After written authorization by the CITY to proceed with
the Final Design Phase, the ENGINEER shall
(a) On the basis of the accepted preliminary design
documents, perform all necessary engineering work
incidental to complete design surveys and prepare
detailed construction plans and cost estimates for
the completion of the PROJECT
(b) Furnish to the CITY such documents and design data
as may be required for, and assist in the prepara-
tion of, the required documents so that the CITY
may obtain approvals of such governmental
authorities as have jurisdiction over design
criteria applicable to the PROJECT, and assist in
obtaining such approvals by participating in sub-
missions to, and negotiations with, appropriate
authorities
(c) The ENGINEER shall prepare sketch plans where
necessary to allow installation of the equipment and
conduit by CITY personnel where possible
(d) The ENGINEER shall furnish the CITY two (2)
copies of all plans and cost estimates and present
and review them in person with the CITY
1 4 The ENGINEER shall develop the necessary timing plans and
implement the plans with CITY assistance The ENGINEER
shall make two follow up trips to fine tune the patterns
The ENGINEER shall also provide the necessary hands on
training for the system
BECTION 2 ADDITIONAL SERVICES OF ENQINM
2 1 At the option of the CITY, and if authorized in
writing, the ENGINEER shall furnish or obtain from
2
others Additional services which are not considered
normal or customary Basic services, due to changes
ordered by the CITY, or due to causes beyond the
control of the ENGINEER The services shall be paid
for by the CITY based on the fee as established in
Section 5
SECTION 3 CITY'S RESPONSIBILITIES
3 1 The CITY shall assist the ENGINEER by placing at his
disposal all available information pertinent to the
PROJECT including previous reports, traffic counts,
turning movement counts, and any other data relative to
the scope of the PROJECT
3 2 Furnish to ENGINEER, as required by him for performance
of his Basic Services, date prepared by or services of
others, such as core borings, probings and sub-surface
explorations, laboratory tests and inspections of
samples, all of which ENGINEER may rely upon in
performing his services
3 3 Guarantee access or make provisions for ENGINEER to
enter upon public and private property as required for
ENGINEER to perform his services
3 4 Designate in writing a person to act as CITY'S repre-
sentative with respect to the work to be performed
under this Agreement Such person shall have complete
authority to transmit instructions, receive infor-
mation, interpret and define CITY'S policies and
decisions with respect to materials, equipment,
elements and systems pertinent to ENGINEER'S services
3 5 Furnish approvals and permits from all governmental
authorities having jurisdiction over the PROJECT and
such approvals and consent from others as may be neces-
sary for completion of the PROJECT
3 6 Bear all costs incident to compliance with the require-
ments of this Section 3
SECTION 4 PERIOD OF SERVICE
4 1 The services called for in the Preliminary Design Phase
shall be completed and the Preliminary Design Documents
and probable Project Costs submitted within 60 days of
notice to proceed
4 2 After acceptance by CITY and approval by the necessary
state and federal authorities of the Preliminary Design
Documents and probable project costs, indicating any
specific modifications or changes in scope desired by
the various governmental agencies, ENGINEER shall
proceed with the performance of the services as called
for in the Final Design Phase, so as to deliver
Contract Documents and the revised opinion of probable
Project Costs for all authorized work on the PROJECT
within 60 days after the authorization to proceed
with the phase of service
4 3 The ENGINEER'S services under the Preliminary Design
Phase and Final Design Phase shall be considered complete
when accepted by the CITY
4 4 The Timing Plan Implementation will follow completion of
the signal equipment installation
SECTION 5 - PAYMENTS TO ENGINEER
5 1 Basic Services The CITY shall pay the ENGINEER for
Basic services rendered under Section 1 a lump sum fee
of $13,500
5.2 The ENGINEER shall submit monthly statements for Basic
and Additional Services rendered to date The monthly
statements will be based upon the hours worked toward
completed engineering work The accumulative billing
shall not exceed 90% of the maximum fee until the
final acceptance of the PROJECT by the CITY The CITY
shall make monthly payments in response to ENGINEER'S
monthly statements
5 3 The CITY shall, upon conclusion of each section of
Basic services, pay such additional amount, if any, as
may be necessary to bring total compensation paid on
account to the following fee schedule
Preliminary Plans 40% $ 5,400
Final Plans &
Specifications 40% 5,400
Timing Implementation 20% 2.700
TOTAL $13,500
5 4 additional Services The CITY shall pay the
ENGINEER for Additional services rendered under
Section 2 as follows
4
An amount based on the payroll costs times a
factor of 2.5 for services rendered by principals
and employees assigned to the PROJECT In
addition, the CITY shall pay the ENGINEER the
actual costs of all reimbursable expense incurred
in connection with all Additional Services
5 5 The payroll costs used as a basis for payment shall
mean the actual salaries and wages paid to all person-
nel employed by the ENGINEER to its engineers,
designers, draftsmen, estimators, other technical
personnel, clerks, and office personnel engaged direct-
ly on the PROJECT plus the cost of customary and
statutory benefits For purposes of this Agreement
the amount of customary and statutory benefits of all
personnel will be considered equal to twenty-five per-
cent (25%) of salaries and wages
5 6 Reimbursable expenses mean the actual expense incurred
directly or indirectly in connection with the study
for postage, toll telephone calls and telegrams, re-
production of reports and drawings other than those re-
quired under Section 1, special legal or accounting
expense, special consultant fees, and similar costs at-
tributable to the PROJECT
SECTION 6 - GENERAL CONDITIONS
6 1 This Agreement may be terminated by the CITY by giving
written notice to the Engineer at least thirty (30)
calendar days prior to the effective date of termina-
tion
6 2 In the event the CITY shall terminate or abandon the
engineering services contracted for by this Agreement
or abandon any portion of the PROJECT for which
services have already been performed the following pro-
visions shall govern
(a) In the event the CITY shall abandon all or any
part of the services to be rendered by the
ENGINEER, the ENGINEER shall be notified in
writing immediately upon receiving such notice,
the ENGINEER shall discontinue the work abandoned
by the CITY under this Agreement and shall proceed
to close and terminate operations
(b) Upon termination or abandonment by the CITY of the
ENGINEER'S Services, the ENGINEER shall deliver to
the CITY all drawings, specifications, reports and
studies theretofore completely or partially
5
completed by him together with all unused
materials advanced or supplied by the CITY and
shall appraise the work he has completed and
submit his appraisal to the CITY for evaluation
(c) If this Agreement is terminated by the CITY upon
the completion of any phase of the Basic Services,
progress payments due to the ENGINEER for services
rendered through such phase shall constitute total
payment for such services If this Agreement is
terminated by CITY during any phase of the Basic
Services, the ENGINEER will be paid for services
rendered during that phase on the basis of
payroll costs times a factor of 2 5 for services
rendered during that phase to date of termination
by principals and employees assigned to the
PROJECT except payment shall not exceed the prorated
value of completed work for such phase as compared
to the full value of said phase
6 3 If, upon receipt of bids, it develops that the costs of
construction is greater than the amount of money al-
located or estimated for the PROJECT, the ENGINEER
shall, if ordered by the CITY, revise the plans as
directed by the CITY upon the advise and acting through
the CITY'S Representative, to bring the cost of con-
struction within the amount of money allocated or esti-
mated for the PROJECT Such revision of plans shall be
made by the ENGINEER without additional cost to the
CITY
6 4 All documents or copies thereof including, but not
limited to tracings, drawings, estimates, field notes,
investigations, design analysis, and studies which are
prepared in the performance of this Agreement and are
not required by 0 D 0 T are to be and remain the pro-
perty of the CITY and are to be delivered to the CITY
before final payment is made to the ENGINEER, if
requested by the City The ENGINEER may supply the
CITY with reproducibles on mylar and may keep copies of
the above-mentioned documents The ENGINEER shall en-
dorse, by his professional engineering seal, all plans,
specifications, and engineering data furnished by him
6 5 The ENGINEER shall obtain and maintain during the
course of this Agreement with the CITY, at the sole
expense of the ENGINEER, such insurances as shall
protect the CITY from all claims, under the Workmen's
Compensation Act of Oklahoma, from all claims, for
bodily injury, death or property damages which might
6
arise from negligent performance of engineering
services to be rendered hereunder by the ENGINEER or
any of his employees
6.6 Engineer shall and does hereby agree to indemnify and
hold harmless the City of Denton from any and all
damages, loss of liability of any kind whatsoever, by
reason of injury to property or third persons occasioned
by any error, omission or negligent act of Engineer, its
officers, agents, employees, invitees and other persons
for whom it is legally liable, with regard to the
performance of this Agreement, and Engineer will, at its
cost and expense, defend and protect the City of Denton
against any and all such claims and demands
6 7 The CITY and ENGINEER each binds himself and his part-
ners, successors, executors, administrators, and
assigns to the other party of this Agreement and to the
partners, successors, executors, administrators, and
assigns of such other party, in respect to all cove-
nants of this Agreement, except as above, neither CITY
nor ENGINEER shall assign, sublet, or transfer his
interest in this Agreement without the written consent
of the other Nothing herein shall be construed as
creating any personal liability on the part of any of-
ficer or agent of any public body which may be a party
hereto, nor shall it be construed as giving any rights
or benefits hereunder to anyone other than CITY and
ENGINEER.
6.8 This Agreement shall be in full force and effect only
when it has been approved by the CITY, and when exe-
cuted by its duly authorized officials.
6.9 No Extra Clause. No claims for extra work or services
of any kind or character shall be recognized by or be
binding on the CITY unless such work or services be
first approved in writing by the CITY.
7
IN WITNESS WHEREOF, the parties hereto have executed, or
caused to be executed by their duly authorized officials, this
Agreement on the respective dates indicated below
Signed this day of 1989
ENGINEER
TRAFFIC ENGINEERING CONSULTANTS, INC CITY OF DENTON, TEXAS
BY 744,? 4.
(Signature) M or
(Title)
(Seal)
(Seal)
ATTEST
ATTEST
a.a.4ra+Gp
Y Cl/erk
7
day of 1989
Approved by 1e ity Council of the City of DENTON, this
day of , 1989
-7~ ~XVA
4W 60ckc7l,'4Y
Approved as to ms aad.iaga44" this
ATTACHMENT A
Scope of Work
The project will consist of upgrading and interconnecting all
traffic signals listed to be part of the City of Denton's Closed
Loop Traffic Signal System The intersections include Parkway at
Elm and Locust, McKinney at Elm and Locust, Oak at Elm and Locust,
Hickory at Elm and Locust, and Sycamore at Elm and Locust The
Scope of Work for the PROJECT is as follows
I Preliminary Design Phase
A. The ENGINEER will assist CITY staff in determining the
locations for all new mast arm poles An inventory of
size and length of poles will be devised for the CITY
staff to order all new poles and associated equipment
B The CITY will provide the engineer with all existing
plans available for each intersection The ENGINEER with
the assistance of CITY staff will field gather any
information missing which is needed to complete the
PROJECT
C The ENGINEER will determine the best cable routing for
the interconnect and provide sketch plans which will
allow the electric department to install the cable and
conduit An equipment list will be provided for ordering
purposes
II Final Design Phase
A The ENGINEER will determine all vehicle loop placements
for each intersection Plans will be provided which show
the loop locations on identification procedure, and
charts reflecting all system and local loop
configurations
B. Complete signal timing plans will be developed and
implemented by the engineer Three timing plans will be
working to the satisfaction of the CITY before the
PROJECT is considered complete
C The ENGINEER shall provide a short and concise summary
report which will outline the accomplishments of the
project "Before and After" results will be reported
If actual travel time studies are conducted, the CITY
will conduct the studies and the ENGINEER will analyze
and report the data The report will include the final
timing plans implemented
a