2014-024ORDINANCE NO. 2014 -024
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A THREE (3) YEAR PROFESSIONAL SERVICES AGREEMENT
FOR TRAFFIC SIGNAL DESIGN AND CONSTRUCTION PLANS FOR THIRTY (30) CITY OF
DENTON INTERSECTIONS WITH BINKLEY & BARFIELD/C&P, INC. IN AN AMOUNT NOT -
TO- EXCEED $550,500; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (FILE 5461- AWARDED TO BINKLEY &
BARFIELD /C &P, INC.).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Binkley & Barfield /C &P, Inc., to provide professional traffic signal design services for
the City of Denton, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5461 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of wwwwwww _,2014.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
u
BY: y.
File 1f
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
.�"1
THIS AGREEMENT is made and entered into as of the day of
' 2014, by and between the City of Denton, Texas, a Texas municipal corporation,
with Its prin Ipa
1 office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and Binkley & Barfield -C &P, Inc., with its corporate office at 1801
Gateway Blvd., Suite 101, Richardson, TX 75080 hereinafter called "Design Professional," acting
herein, by and through their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, (describe the Project in the space below or in an attachment)
Traffic Operations is required to build newly warranted and replace aged traffic signals within the City
of Denton and TxDOT right of ways.
Binkley & Barfield I C &P, Inc. has been doing traffic signal design work exclusively for the City of
Denton for the last 12+ years and therefore, are very familiar with the City of Denton transportation
system as it relates to traffic signal design. They possess sufficient and highly knowledgeable
professional staff capable of this design work, which follows the M.U.T.C.D., (Manual on Uniform
Traffic Control Devices), as well as TxDOT and City of Denton Design guidelines and specifications.
As a result of our long tern history with this firm, they are very familiar with the City's continued
development of our traffic signal design criteria and provisions. This knowledge is very important for
the transportation of goods and services, the motoring public, bicycles and pedestrians for the overall
goal of public safety. Both M.U.T.C.D. and P.R.O.W.A.G. (Pedestrian Right of Way Accessibility
Guidelines) requirements are mandatory at traffic signals (ramps, audible pedestrian buttons,
pedestrian heads, crosswalks) of which this firm is very familiar with.
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall not exceed $550,500 for a three year period
ending February 4, 2017.
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
Schematic Design Phase NA%
Design and Development Phase NA%
Construction Documents Phase NA %
Bidding Phase NA %
Construction Phase NA %
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
$200 per hour
Senior Project Manager
$180 per hour
Project Manager
$160 per hour
Project Engineer
$140 per hour
Engineer in Training
$120 per hour
Senior Technician/CAD
$100 per hour
Clerical
$65 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of NA times the amounts
billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of NA times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in the
interest of the Project as defined in the General Conditions but not to exceed a total of N/A without the
prior written approval of the Owner.
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SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal
Attachment A
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:..... „ra....
('1 C. CA M111II Lt,
CITY MANAGER
ATTEST:
J F?1 ; ll [,.` WALTERS, (' TY SECRETARY
BY: L&L
A1='1',R� EI:) AS"() LEGAL FORM:
ANITA BURGESS, CITY ATTQRNEY
BY:
DESIGN FIRM
BY:� �•
Firm' s Officer/Representative
ive
(Signature) {{
/J TON 10 � ✓N O � Q {�j •
WITNESS:
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal") to which these
General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as
enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities havingjurisdiction over the Project.
Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the
requirements for the Project,
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations set forth in Subsection 5 2 1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. no Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations,
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and
which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the
commencement to the completion of construction
2.5 CONSTRUCTION CONTRACT PROCUREMENT
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2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
limitation, the competitive scaled bidding process Although the Owner will consider the advice ofthe Design Professional, the award ofthe construction contract is in
the sole discretion ofthe Owner.
Uffix" I
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement cornmences with the award ofthe Contract
for Construction and tenninates at the issuance to the Owner ofthe final Certificate for Payment, unless extended under the terms ofSubsection 8.3.2.
2.6.2 'Me Design Professional shall provide detailed administration ofthe Contract for Construction as set forth below. For design professionals the administration
d 4' , ns of the Contract for Construction current as of the date of the Aveemicm-ms-M
subcontractors. The Design Professional represents that he will follow Degree ofCare in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use ofor
yaymei"*r a[Vw
Owner's rights hereunder,
2.6.6 no Design Professional shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work, The Design Professional shall not be responsible for the Contractor's schedules or
�w&ywkt* n Professional's
sions The Design Professional shall not have control over or charge ofacts or ornissions ofthe Contractor, Subcontractors, or their agents or employees, or ofany
eher persons perforniing portions ofthe work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress
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ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professional's service and shall
become the property of the Ovvncr upon tennination or completion of the Agreement, The Design Professional is entitled to retain copies of all such documents Such
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113 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause of action Linder the Agreement shall lie exclusively in Denton County,
Texas,
11.2 'Me Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
11.3 The wren Agrt�errient w; usm herein isichides the cxoc�ried Agwerneni, Ilic Plopo%il, flwse General Conditions and other attachments referenced in Section 3 of the
Agreement which L . oge0im tuprescril the entire mid intcgrated al"reenient bd"ven the Owricr mW Design Professional and supersedes all prior negotiations, representations or
agreements, either wi toi or owl, ThC At�,rcOlftllt U14Y lV ViTilended, only by, voitten insirumont signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreenicni, Prorrosal, these Cencriil ( , and the other attachments referenced in Section 3 of the Agreement shall to the extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably ban-nonized,
such documents shall be given priority in the following order:
I The executed Agreement
2 Attachments referenced in Section 3 of the Agreement other than the Proposal
3 These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
Professional
IM,
conficiential or proprietary MMITIULMIJ 11 tEIC MilVIJUI [Id-"4CIIIUbJJ
dential or proprietary. The Owner shall provide professional credit for the Design Professional on the construction sign and in the prornotional materials for the Project,
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1 -a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor._
J Narne of person who has a business relationship with local governmental entity.
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
E:1 Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
E Yes [::] No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
Yes •• -n•I No
D. Describe each affiliation or business relationship.
Signature of person doing business with the governmental entity
Date
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Binkley . Barfield I CAP
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�
January 14, 2013
Curt Arndt
Traffic Operations Manager
801 Texas Street
Denton, Texas 76209
Re: Traffic Signal Design Proposal
For Thirty (30) intersections
Curt:
At the City's request, Binkley & Barfield / C & P, Inc. (BBCPI) has submitted this proposal to provide
professional engineering services for the completion of final traffic signal design and construction plans for
thirty (30) intersections.
Scope of Services
The Consultant will develop design plans that can be used by the City to let a contract for the following
construction elements; new traffic signal controls; pavement markings, sidewalk extensions and modifications;
and ADA ramps. The extent of each intersection's needs for these and other construction elements will vary
from intersection to intersection. However, each element will be designed for construction to the level required
by the city.
The traffic signal plans will be developed to follow current City of Denton Standards and TxDOT standards at
those intersections involving a state designated route. Our approach will be to develop the plans consistent with
the plans previously prepared for other intersections. Our proposal includes the following engineering services
for EACH traffic signal location.
A. BASE MAP PREPARATION
1. Collect available information from the City: utility information; right -of -way information; and
as -build plans.
2. Conduct topographic filed survey to include both horizontal and vertical control.
3. Create base map of existing conditions utilizing AutoCAD.
4. Conduct right -of -way research using Lone Star Record & Abstract Services.
B. PRELIMINARY PLANS
1. Design criteria; City of Denton design criteria and the Texas Manual on Uniform Traffic
Control Devices.
2.
Aspects of plans;
a.
Metal mast arm poles
b.
Vehicular signal controls
c.
Pedestrian signal controls.
d.
Video detection.
e.
Emergency vehicle pre - emption
f.
Mesh radio and antenna.
g.
Forward fore radar.
h.
Closed circuit TV.
Binkley & Barfield -C &P, Inc. - TBPE F -3815 • 1801 Gateway Boulevard, Suite 101 - Richardson, Texas 75080 • Tel: 972.644.2800 1 Fax: 972.644.2817 • www.bbcpi.com
Binkley:; ..-Barfield I CAP
consulting engineers
i. Sidewalk extensions and modifications.
j. ADA ramps.
k. Street Light luminaires.
1. Street name signs.
m. Intersection pavement marking layout.
n. Location of utilities.
C. REVIEW AND FILD CHECK OF PRELIINARY PLANS.
a. Submit to City for review.
b. Field check areas of concern as needed.
D. FINAL PLANS AND DELIVERABLES.
a. Revise to reflect review comments.
b. Submit to City of approval.
c. Provide plan sets, originals, and as -built plans as required for City purposes.
SCHEDULE AND FEE PROPOSAL
The consultant is prepared to begin work on this project upon your authorization to proceed. We would provide
design plans within a time frame and schedule that is suitable to the City's needs and requirements.
We are prepared to complete the project as described in the Scope of Services section for a maximum fee not to
exceed Five hundred and fifty thousand five hundred dollars ($ 550,500)
A breakdown of the typical signal design fees for upgrading existing traffic signal is summarized below.
Field Survey = $ 1,500
ROW Research and Determination = $ 3,500
Signal, Marking, Sidewalk, and ADA Ramp Plans = $ 13,000
Prints, Plots, and Deliveries = 350
Maximum Total Fee. = $ 18,350
The total fee for all thirty intersections is $550,500
CLOSING
We appreciate this opportunity to respond to your need for traffic engineering assistance regarding this project
in Denton. If you have any questions concerning this proposal, please do not hesitate to contact our office.
Sincerely,
Binkley & Barfield — C &P, Inc.
4,t,� WI 6�f�
Larry W. Cervenka, P.E.
Project Manager
Attachment: BBCPI Hourly Rates
Binkley & Barfield-C&P, Inc. • TBPE F -3815 • 1801 Gateway Boulevard, Suite 101- Richardson, Texas 75080 • Tel: 972.64428001 Fax: 972.644,2817 - www.bbco.com
ATTACHMENT "A"
Binkley&Barfield I C &P
... µ .consult ng engine ers
HOURLY RATES FOR REIMBURSABLE CONSULTING ENGINEER SERVICES
AND ENGINEERING DESIGN SERVICES
The following hourly rates will apply to services as outlined in the Standard Professional Services Agreement
between Owner and Engineer. These rates will remain in effect through December 31, 2014.
Principal
$200.00
Senior Project Manager
$180.00
Project Manager
$160.00
Project Engineer
$140.00
Engineer in Training
$120.00
Senior Technician/CAD
$100.00
Clerical
$65.00
Binkley & Barfield -C &P, Inc. - TBPE F -3815 - 1801 Gateway Boulevard, Suite 101- Richardson, Texas 75080 • Tel: 972.644.28001 Fax: 972.644.2817 - wom bbcpi.00m