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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 Ao~ J E HOPKINb ATTEST ~ J E , I E T RY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY tlw~ - 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