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,
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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
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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
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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
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