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1987-125 1869L NO AN ORDINANCE APPROVING AN AGREEMENT BET~/EEN THE CITY OF DENTON AND TRAFFIC ENGINEERING CONSULTANTS, INC FOR ENGINEERING SERVICES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the C~ty of Denton and Traffic Engxneerlng Consultants, Inc for englneerxng serwces to prepare the necessary Preliminary Report, Plans and Spec~fxcat~ons, and T~m~ng Plan Implementation pursuant to the construction of the City's closed Loop Coordinated Traffic S~gnal System, under the terms and condlttons contained in sa~d agreement which is attached hereto and made a part hereof SECTION II That the C~ty Council authorizes the expenditure of funds not to exceed Twenty-four Thousand Dollars ($24,000 00) SECTION III That thxs ordinance shall become effective Immediately upon xts passage and approval PASSED AND APPROVED this the ~ day of ~__, 1987 RAY S~FHENSI MAYOR ATTEST 'JENNIFER ~/A'LTERS ,.-"CITY/'SEG~ETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THI AGR-EMENT, made and -ered into this "7~- day of ~~ , 1~_~ , by and bet~e~ CITY OF DEN~, ~XAS (he~elna~-~--~lled the CITY), and TRAFFIC ENGI~ERIN~ CONSULTANTS, INC (hereinafter called the ENGINEER), is as follows WHEREAS, the CITY desires to contract for professional englneerlng 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 Traffmc Signal System described as follows Coordination of University from Malone to Ruddell Coordlnatxon of Carroll from UniversIty to Eagle, Elm, Locust and Sherman hereinafter called the PROJECT, and WHEREAS, the City Councx1 of the CITY has provided funds for engineering fees for the PROJECT, wlth estimated construction costs of $75,000 NOW, THEREFORE, xn consideration of their mutual covenants, promises and agreements of the part~es hereinafter set forth, to be kept and performed by them, it is hereby contracted and agreed SECTION 1 - BASIC SERVICES OF ENGINEER 1 I 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 author~zatlon to proceed with the Preliminary 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 construction costs, contingencies, compensation for all consultants, cost of land, rights-of-way, 1 compensation for or damages to properties, and utility relocations (All of which are herelnafter called "Pro]ect Costs" ) (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 repreeentatlves of the CITY and all ~nterested government agencies and utillty companies for an on-site inspection and evaluatlon meeting with the plan-in-hand The ENGINEER agrees to ablde by any changes which result from such meeting and incorporate all such changes in the plans prior to f~nal submlss~on to the CITY 1 3 After written authorization by the CITY to proceed w~th the Final Design Phase, the ENGINEER shall (a) On the basis of the accepted prellmlnary deslgn 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, where necessary (b) Furnish to the CITY such documents and design data as may be required for, and assist in the preparation of, the required documents so that the CITY may obtain approvals of such governmental authorities as have 3urledlction over design crlterla appllcable to the PROJECT, and assist in obtaining such approvals by partlclpat~ng subm~sslons to, and negotiations w~th, appropriate authorities (c) The ENGINEER shall prepared sketch plans where necessary to allow installation of the equipment and conduit by C~ty 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 tlmlng 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 traxnlng for the system SECTION 2 - ADDITIONAL SERVICES OF ENGINEER 2 I At the option of the CITY, and if authorized in writing, the ENGINEER shall furnish or obtain from 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 the 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 the performance of his Basic Services, data 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 wrlt~ng a person to act as CITY'S representative with respect to the work to be performed under thls Agreement Such person shall have complete authority to transmit ~nstructlons, receive ~nformation, 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 necessary for completion of the PROJECT 3 6 Bear all costs incident to compliance wlth the require- ments of this Sectlon 3 SECTION 4 - PERIOD OF SER¥ICE 4 1 The services called for in the Preliminary Design Phase shall be completed and the Preliminary Design Documents and probable Project Costs submitted August 15, 1987 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 modlficatlone or changes in scope deslred by the varlous governmental agencies, ENGINEER shall proceed wlth 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 Pro3ect Costs for all authorized work on the PROJECT by October 1, 1987 4 3 The ENGINEER'S services under the Prel~mlnary Design Phase and Final Design Phase shall be considered complete when accepted by the CITY 4 4 The Timing Plan Implementatlon will follow completion of the signal equipment installation SECTION ~ ~ ?AYMENTS TO ENGINEER 5 1 Basic Services The CITY shall pay the ENGINEER for Basic Services rendered under Section 1 a lump sum fee of $24,500 5 2 The ENGINEER shall submit monthly statements for Baslc and Additional Services rendered to date The monthly statements w~ll be based upon the percentage of completed engineering work The accumulative b~lllng shall not exeed 90% of the lump sum 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 addit~onal amount, if any, as may be necessary to bring total compensation paid on account to the following fee schedule Prelimlnary Plans 40% $9,800 Final Plans and Specifications 40% $9,800 Timing Implementation 20% $4,900 Total $24,500 5 4 Additional Services The CITY shall pay the ENGINEER for Additional Services rendered under Section 2 as follows An amount based on the payroll costs times a factor of Ps2 5Ps 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 Add~tlonal Services 4 5 5 The payroll costs used as a basis for payment shall mean the actual salaries and wages paid to all personnel employed by the ENGINEER to its engineers, designers, draftsmen, estimators, other technical personnel, clerks, and office personnel engaged directly 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 percent (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, reproduction of reports and drawings other than those required under Section 1, special legal or accounting expense, special consultant fees, and similar costs attributable to the PROJECT SECTION 6 - GENERAL CONDITIONS 6 i This Agreement may be terminated by the CITY by giving written notlce to the ENGINEER at least thirty (30) calendar days prior to the effective date of termination 6 2 In the event the CITY sahll 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 provisions 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 notlce, 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 completed by him together with all unused materials advanced or supplied by the CITY and shall appralse 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 durlng that phase on the basis of payroll costs times a factor of 2 5 for servxces rendered during that phase to date of termination by principals and employees assigned to the PROJECT 6 3 If, upon recelpt of bids, it develops that the costs of construction is greater than the amount of money allowcated or estimated for the PROJECT, the ENGINEER shall, xf ordered by the CITY, revise the plans as dxrected by the CITY upon the advice and acting through the CITY'S Representative, to bring the cost of construction withxn the amount of money allocated or estlmated for the PROJECT Such revisxon of plans shall be made by the ENGINEER wxthout addltlonal cost to the CITY 6 4 All documents or coples thereof ~nclud~ng, but not limited to tracings, drawlngs, estimates, f~eld notes, investigatlons, desxgn analysls, and studies which are prepared xn the performance of this Agreement are to be and remain the property 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 wlth reproduclbles on mylar and may keep copies of the above-mentloned documents The ENGINEER shall endorse, by h~s professional engineering seal, all plans, specif~catlons, and engineerlng data furnxshed by him 6.5 The ENGINEER shall obtain and maintain during the course of thls Agreement with the CITY, at the sole expense of the ENGINEER, such insurances as shall protect the CITY from all claxms for bodily injury, death or property damages whlch might arise from negligent performance of engineering services to be rendered hereunder by the ENGINEER or any of his employees 6 6 The ENGINEER shall defend, indemnify and save harmless the CITY from any and all claims and causes of actxon against said CITYl~pr damages to any person or property arislng s~a~m.~A~ut of or in connection wlth the neglxgent performance or negligent acts of the ENGINEER or agent or employees of same under the terms of thls Agreement 6 7 The CITY and ENGINEER each binds himself and his partners, 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, ~n respect to all covenants of this Agreement, except as above, nexther CITY nor ENGINEER shall assign, sublet, or transfer hms interest in this Agreement without the written consent 6 of the other Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body whzch may be a party hereto, nor shall it be construed as giving ay rzghts or benefits hereunder to anyone other than CITY and ENGINEERS Thzs Agreement shall be in full force and effect only when it hae been approved by the CITY, and when executed by its duly authorized offzclals No Extra Clause No clazms for extra work or services o---~ an--~-~in-~character shall be recognized by or be bzndzng on the CITY unless such work or servzces be fzrst approved in writing by the CITY IN WITNESS WHEREOF, the parties hereto have executed, or ~aused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below Sl gned this ~C~ day of ~ , 1987 ENGINEER TRAFFIC ENGINEERING CONSULTANTS, INC CITY OF DENTON, TEXAS By Ma y0 r~.~ President ( Seal ) (Ti'tle) (Seal) ATTEST O~f~ce of t~e City Attorney App.~J~L~L by the City ~g~nc~l. of the City of Denton, Texas this 8