HomeMy WebLinkAboutOrdinance No. 02-1409 CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH TEAGUE~ NALL & PERKINS~ INC. FOR THE DESIGN TO
RECONSTRUCT SOUTH COLONY BLVD. FROM MAIN ST. TO PAIGE
RD.; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Teague, Nall& Perkins, Inc. for the design to
reconstruct South Colony Blvd. From Main St. to Paige Rd. The approved form of contract is
attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 21 st day of October 2002.
Bernetta Henville-Shannon, Mayor
ATTEST:
Patti A Hicks, City ~ecretary
APPROVED AS TO FORM:
THE STATE OF TEXAS §
ENGINEERING SERVICES CONTRACT
COUNTY OF DENTON §
THIS CONTRACT is made and entered into this c~/'6r day ofOo_4~t~~ ,02,
by and between the CITY OF THE COLONY, Denton County, Texas, a municipal corporation,
hereinafter called "City," and '7-/~?tt ~/'V'z~ ~ q~ ~O~,~,~.~ 2~&ereinaf~er called
"Engineer,"whoseaddressis ~ ~,r)! I~J.e~.¥U ~T_.-4~l ttoe~ ~,~to . w~----l~t/ "~
WITNESSETH:
That in consideration of the terms and conditions contained herein the parties do mutually
agree as follows:
Employment of Engineer
Engineer shall perform all services under this contract pursuant to the prevailing
engineering professional standards consistent with the level of care and skill ordinarily exercised
by members of the engineering profession, both public and private, currently practicing in the
same locality under similar conditions, including reasonable, informed judgments and prompt,
timely action. If Engineer is representing that he/she has special expertise in one or more areas
to be utilized in this contract, then Engineer agrees to perform those special expertise services to
the appropriate local, regional or national professional engineering standards. Engineer shall
provide services necessary for the construction of improvements to City's street and drainage
system, the location and extent of which is as follows:
The design of South Colony Boulevard from Main Street to Paige Road as a four lane
concrete boulevard, in accordance with City standards. Included in the design will be storm
drainage, street lights, landscaping and irrigation, median openings, turn lanes, water and sewer
improvements, pavement markings, and Traffic Signal at Blair Oaks.
City of The Colony Project No. ST.02-1 , being located within the City of The Colony, Denton
County, Texas, and hereinafter referred to as the "Project."
II.
Compensation to Engineer
A. City agrees to pay Engineer for all services outlined in Section III., a total design fee in
an amount not to exceed $ 241,260.00. The following services are not included in
this base fee:
1. Services required by Section III.A., Additional Services, for which cost is set out
in III.A.
2. Work necessary for the preparation of right-of-way and/or easement acquisition
data as described by Section III.D., Right-of-Way Determination, for which cost
is set out in II.B.
B. All extra costs associated with right-of-way acquisition data, as outlined in III.D., this is a
fee schedule, shall be paid to Engineer by City on an hourly fee basis as shown in
Attachment "A" in an amount not to exceed $_13,500.00 unless mutually agreed to in
writing by the parties hereto. Attachment "A" is hereby incorporated within this contract
as if written word for word. In no case shall more than seventy-five percent (75%) of this
amount be paid until all right-of-way acquisition data is accepted by City.
All direct costs associated with right-of-way acquisition data shall be paid to Engineer by
City on the basis of direct expenses times a multiplier of 1.1. Direct expenses shall
include subcontract charges for surveying, contract labor, computer time, printing,
reproduction expense, communication expense, travel, transportation, and subsistence out
of Collin, Denton, Tarrant or Dallas Counties directly related to the work. Direct costs
shall not exceed the rates indicated in Attachment "B." Attachment "B" is hereby
incorporated within this contract as if written word for word and shall contain the result
of the rates for direct costs multiplied by the factor of 1.1. Evidence of cost incurred for
direct expenses shall be submitted with each billing.
C. Payment for services rendered by Engineer shall be made as follows:
1. Upon completion of the preliminary design construction plans as set forth herein,
and upon written request, City shall pay to Engineer an amount equal to ~
percent (_~Q_%) of the base design fee as set forth herein.
2. Once City has accepted the final design construction plans and specifications as
set forth herein, and upon written request, City shall pay to Engineer an amount
equal to thirty percent 3(_~0._%) of the base design fee as set forth herein.
3. An amount equal to five percent (_~_%) shall be retained until such time as
City requests and receives one (1) set of reproducibles of the final design
construction plans and other documents described herein. This request shall be
made within 120 days of the acceptance of final design construction plans.
4. During construction phase the City will pay to the engineer an amount
equal to fifteen percent (15%) of the base design fee as set forth herein.
5. For the work described in Section III.A, and Section III.D., City shall pay
Engineer on an hourly basis at the rates shown on Attachments "A" and "B"
subject to provisions set forth herein. Invoices may be presented on a monthly
basis.
6. No interest will be due on any payments.
(2)
III.
Services
A. Additional Services - Engineer will also perform the following additional services. For
each individual service the maximum fee is indicated in parenthesis. The fee shall be on
an hourly basis, as shown in Attachment "A". In no case shall more than seventy-five
percent (75%) of the amounts indicated below be paid until such services are accepted by
City.
1. Engineer shall not be required to coordinate this Project with the U.S. Army
Corps of Engineers and shall not obtain the necessary Section 404 Permit required
for construction of the Project (hourly fee not to exceed $ NA ).
2. Engineer shall not be required to coordinate this Project with FEMA and obtain a
Conditional Letter of Map Revision (hourly fee not to exceed
$ NA ).
B. Field Survey Work - Engineer shall furnish a survey field party to collect all field
information necessary to prepare complete and detailed plans, specifications, and contract
documents consistent with prevailing engineering standards. This field information shall
be based on NAD-83. Before the survey party is engaged in surveying on private
property, City shall send letters to all adjacent property owners and other affected
property owners notifying them of the survey party's intent to survey on private property.
Engineer shall provide City with the name and address of the property owners, as well as
the legal description and property address of the affected property. Permission to survey
on private property shall be obtained from the property owners before surveying is
commenced. The letter of permission shall include permission for Engineer to set iron
pins and control monuments for future right-of-way and/or easements to be acquired by
City at a later date. Engineer shall direct the field party in the following:
1. Establishing the proposed centerline or a suitable reference base line on the
ground as required by City.
2. Making complete and accurate cross-section field notes.
3. Making a complete topographic survey of all existing features above ground level
that would or could affect proposed construction. These features shall include,
but are not limited to, telephone poles, power poles, utilities, utility markers,
fences, retaining walls, water meters, detector check valves, manholes, vaults,
sprinkler heads, structures, and culvert pipes and any other facilities in close
proximity to the construction. Also, all buildings, trees, steps, and other
topographical features which would be of interest to the property owner in
discussing the plans with City engineers must be shown accurately and drawn to
scale.
4. Determining horizontal and vertical location of all underground utilities or other
(3)
underground structures based upon information obtained in accordance with
Section III where they cross any part of the proposed storm drainage system or
street system or may affect the proposed Project. The Engineer shall not be
responsible for the cost of exposing these utilities or repairing damage caused by
such exposure unless due to omission or other negligence by Engineer.
5. Making of all surveys necessary to determine limits of any existing right-of-way.
C. General Requirements
1. Each time Engineer submits plans and specifications to City, five (5) copies of
each shall be submitted. These shall be reviewed and checked by City and
returned to Engineer for corrections. When the corrected copies of the plans and
specifications are returned to City, the original and reviewed plans and
specifications shall also be returned to City. All plans, specifications, documents,
provisions, attachments, and correspondence provided in accordance with this
contract shall be dated with the current date.
2. Each set of plans shall be stamped "Review," and each sheet of the plans shall be
signed and dated with registration number noted by Engineer until approval of the
final design construction plans by City, whereupon the word "Review" shall be
omitted and the plans shall be stamped "Final" on the cover sheet and sealed by
the Engineer of record.
3. Engineer shall coordinate with the utility companies, including, but not limited to
franchised utilities, City of The Colony Utility Department, pipeline companies,
railroad companies, or any other entity which has facilities within Project, any and
all exposure, removal, and/or relocation work necessary for implementation of
Project. This shall also include aiding City in obtaining any permits required by
any of these entities. Engineer shall supply preliminary, and final design
construction plans for Project to all utility companies or other entities that have
facilities within the limits of Project. Engineer shall also attend preliminary and
final utility coordination meetings for Project.
4. Engineer shall coordinate with all utility companies, franchise companies and
other entities for any proposed improvements, either on the surface, below or
above the surface, that may be affected by the Project and indicate on the final
plans said proposed improvements both on plans and profile, if available.
5. Engineer shall determine from existing records and field inspection, the type of
existing pavement on Project, including all intersecting streets, driveways, and
alleys, accurately showing this information on the plan
6. Engineer shall establish the scope of and arrange for the soil and foundation
investigations using City approved geotechnical firm. City shall approve in
advance, and be responsible for costs of any authorized soil investigations.
(4)
7. Upon completion of the final design construction plans, special provisions and
specifications, and contract documents, Engineer shall submit a letter of
notification to City stating completion of design of Project.
8. Review by City does not relieve Engineer of responsibility to prepare construction
plans and specifications in accordance with prevailing engineering standards.
D. Right-of-Way Determination - In conformance with City standards, Engineer shall
survey, render field notes, and prepare detail plans (right-of-way strip maps) and
individual parcel exhibits for any additional right-of-way and/or easements needed.
Engineer shall also set control points, which shall be based on NAD-83, approximately
every 600 feet on both sides of the road. Before setting the control points, Engineer shall
obtain approved sketches and specifications from City for the placing of control points.
1. Detail plans shall be contained on standard size plan paper (22" x 34") at a scale
not smaller than 1"= 30', shall be sealed, dated, and signed by a Registered
Professional Land Surveyor and shall contain the following:
a. Standard City title page including location map.
b. Summary sheet listing all parcels to be acquired, property owner, legal
description of property, gross area of property, square footage and type of
easements, net area of property after acquisition, a colunm for volume and
page of filing, and current volume and page.
c. Comers of all parcels tied to the centerline.
d. Location of all existing property pins, including station and offset to
centerline.
e. Location of all new property pins, including station and offset to
centerline.
f. Parcel number.
g. Area required.
h. Area remaining.
i. Current owner.
j. Any existing platted easements or easements filed by separate instrument
including easements provided by utility companies. The utility company
easements should be requested by Engineer at the time of Initiation of
design, preliminary plans and final plans are sent to the utility companies.
2. Individual parcel exhibits shall be on 8½"xl 1" paper, shall be sealed, dated, and
signed by a Registered Professional Land Surveyor and shall contain the
following:
a. Parcel number.
b. Area required.
c. Area remaining.
d. Legal description.
e. Current owner.
(5)
f. Any existing platted easements or easements filed by separate instrument
including easements provided by utility Companies.
g. All physical features.
h. Meets and bounds description of parcel to be acquired. The description
shall be provided on a separate sheet from the exhibit. Each type of
easement shall be described separately.
The above items are necessary for the acquisition of right-of-way required to construct
Project. Said information shall be required prior to acceptance of final construction
plans.
Upon written notification by City of acceptance of the right-of-way plans, exhibits and
instruments, and as directed by City, Engineer's surveyor shall set all comers and points
of curvature for the proposed right-of-way and submit final sealed plans and exhibits,
including location of the control points and their NAD-83 reference.
E. Water and Sanitary Sewer Design - Engineer shall coordinate and design the water
and/or sanitary sewer system incorporating the following items into the conceptual,
preliminary and final design plans and specifications.
1. Research plans and map room for City of The Colony Utilities and facilities.
2. Evaluate existing water and/or sanitary sewer system and make recommendations
on existing lines based on the Colony's Master Plan, Texas commission on
environmental quality (TCEQ) requirements and distribution/collection systems
models.
a. Replace lines based on material type, depth and size or those having grade
conflicts with existing and proposed improvements.
b. Replace services based on material type, depth, and size.
c. Eliminate lines that may become unnecessary.
d. Extend proper size lines and at proper connection point to serve vacant
properties or properties that could be redeveloped.
e. Evaluate line sizes based on area served and future development.
3. Evaluate and recommend remedies for conflicts with other Utility Companies
and/or facilities.
4. Evaluate easement and/or right-of-way needs and prepare field notes.
5. Submit plans, specifications, and engineering report for water and/or sanitary
sewer system facilities to the (TCEQ) for review and approval.
6. Prepare opinions for costs of alternatives.
(6)
7. Incorporate plans and specifications by others (e.g., landscaping and/or tree
planting) into contract document where applicable.
8. Provide recommendations to City regarding water and/or sanitary sewer system in
relation to this contract.
F. Preliminary Design Construction Plans - At such time as Engineer is directed by
City, Engineer shall prepare preliminary plans at a horizontal scale of 1" = 20' and
a vertical scale of 1" = 5' on 22" x 34" sheets to include the following:
1. Edge of existing pavement, existing structures, mailboxes, water meters, utility
poles, fire hydrants, existing driveways, existing utilities as outlined in III.B.3.
and III.B.4., existing and proposed rights-of-way and easements, proposed curb
line on plan and profile sheets, and existing ground elevation in profile.
2. Show all improvements on the property which are within twenty feet (20') of the
proposed right-of-way line or easement line on construction plans for the portion
of the project that does not include the paralleling streets. In the area of the
paralleling streets, show improvements on the property which are within the
existing right-of-way lines of the roadway.
3. The location, size, and species of all trees and shrubs within the limits of street
right-of-way, drainage, slope or temporary construction easements. If due to the
density of the growth it is impractical to show all trees and shrubs, the limits of
dense stands of trees and shrubs will be shown. In any case, all trees six inches
(6") in diameter, or larger, shall be shown, unless directed otherwise. Engineer
shall indicate on the plans those trees which are to be removed and which trees
are to be preserved.
4. Overall drainage areas, sub-drainage areas, existing and proposed drainage facili-
ties, discharges, times of concentration, and drainage area acreage for proposed
structures.
5. All other drainage computations and charts such as inlet charts and hydraulic
grade lines pertinent to the drainage system design. Unless directed otherwise in
writing by City, the design of these systems shall be in accordance with the latest
revision of the City of The Colony Design Manuel.
6. Hydraulic analysis (HEC-2) of the impact of proposed structures within a
designated 100-year floodplain or as determined by City.
7. Storm sewer profiles.
8. Cross-sections of existing ground surface line and proposed ground surface
(7)
9. An opinion of probable cost of Project.
10. Streetlight and traffic signal design (if included in Project).
11. A "Time of Relocation" schedule containing the estimated time for each utility
company with facilities impacted by Project to relocate their facilities.
12. Items described in III.A.1. and III.A.2.
13. Plan and profile sheets of water and/or sanitary sewer improvements.
14. Landscape and irrigation plan sheets and details (if included in Project).
G. Final Design Construction Plans - Upon acceptance of preliminary plans by City,
Engineer shall prepare final plans at a horizontal scale of 1" = 20' and a vertical scale of
1" = 5' on 22" x 34" sheets (each sheet shall be sealed, dated, and signed by a Licensed
Engineer in the State of Texas), specifications and special provisions. Final plans shall
include the following:
1. Standard City title page with location map and revision block in the lower right
comer showing date of revision, description of revision and initials of the reviser.
2. Drainage area map showing drainage facilities with size of proposed structures
and pipes.
3. Drainage computation sheet showing calculations for area discharges, times of
concentration, acreage of drainage areas, and inlet calculations.
4. Plan and profile sheets of street improvement.
5. Storm sewer improvement plan and profile sheets.
6. Detail and standard sheets.
7. Special provisions and specifications.
8. Final right-of-way plans as stated in Section III.D.
9. An opinion of probable cost based upon the items and quantities listed in the
proposal in the contract documents. This estimate shall be based on current trait
prices bid on similar projects.
10. A utility "Time for Relocation" report stating the siatus of utility relocations and
time required for each utility company to clear its facilities for Project.
11. Street addresses of all properties adjacent to Project.
(8)
12. All other requirements of III.F.
13. Plan and profile sheets of water and/or sanitary sewer improvements showing a
breakdown of the pay quantities for each sheet. (The breakdown may be shown on a
summary of quantities sheet or each plan and profile sheet.
H. Miscellaneous Requirements - Engineer shall furnish, one (1) set of film reproducibles of
the Record Drawings at the completion of Project. One (1) set of originals containing the
engineer's opinion of probable cost and any special provisions and specifications, suitable
for reproduction shall be provided upon request. Engineer shall submit a computer file of
the drawings in dwg or dfx format acceptable to the City. The following may also be
required of the Engineer:
1. Fumish the City thirty (30) sets of copies of plans, contract documents,
specifications, and Bid packet. Inclusive of notice to bidders and bidders proposal
for bidding purposes.
2. Prepare actual advertisement ( to be placed, in a local newspaper of general
circulation for two (2) consecutive weeks by the CITY).
3. Incorporate any and all wage rate modifications or supersedes via bid addendum
( if applicable).
4. Answer all contractors' questions and regulate project during the bidding period.
5. Assist in pre-bid meeting, and prepare addendum if needed.
6. Assist City in the opening and tabulation of bids.
7. Assist in preconstruction meeting with Contractor and City staff.
8. Engineer will review and approve (or take appropriate action with respect to)
Shop drawings, samples and other data which contractor(s) are required to submit.
9. In performing the services outlined above, Engineer will protect City to the extent
reasonably possible against defects and deficiencies in the work of contractors.
Engineer will report any observed deficiencies to City and Engineer will take any
other appropriate actions; however, it is understood that Engineer does not
guarantee the contractor's performance, nor is Engineer responsible for
supervision of the contractor's operation and employees except to the extent
defects, omissions or negligence is reasonably discoverable by Engineer.
Engineer shall not be responsible for the means, methods, techniques, sequences
or procedures of construction selected by the contractor, or the safety precautions
and programs incident to the work of the contractor
(9)
10. Engineer will evaluate and determine the acceptability of substitute materials and
equipment proposed by contractor(s).
11. Prepare monthly payment estimates based on actual construction and input from
the City Inspector for submittal to the City Engineer. Payment estimates shall be
submitted to the City by the end of the first week of the month for the prior
month's construction activities.
12. Conduct in company with CITY'S representatives, a final inspection of the project
for conformance with the design concepts and compliance with the Contract
Documents.
13. Revise construction documents with the assistance of the CITY'S inspector, for
preparation of "Record" drawings, and furnish a set of mylar/prints and a digital
file of same in AutoCad Release 14, or later edition, format to the CITY.
IV.
Time of Completion
Engineer agrees to complete and submit all work required by City as follows:
A. Preliminary design construction plans in one hundred and ten, (110) calendar days from
Date of written notice to proceed.
B. Final design construction plans and specifications in seventy (70) calendar days from
acceptance of preliminary plans and written notice to proceed with final plans.
Subsequent submittals of final plans shall be returned to City within two (2) weeks of the
date of the previous review letter.
Calendar days shall commence when Engineer is notified to proceed and shall
terminate when City has accepted the plans as being final. No extensions of time shall be
granted unless a written request is submitted by Engineer, within 48 hours after the cause
for such extension occurred, and such request is approved in writing by City.
V.
Revisions of Plans and Specifications
City reserves the right to direct substantial revision of the plans, special provisions, and
specifications after acceptance by City as City may deem necessary, but in such event City shall
pay Engineer equitable compensation for services rendered in making such revisions. In any
event, when Engineer is directed to make substantial revisions under this Section of the contract,
Engineer shall provide to City a written proposal for the entire costs involved in providing City a
completed set of plans, specifications and special provisions and the completion time involved in
the revisions. Prior to Engineer undertaking any substantial revisions as directed by City, City
must authorize in writing the nature and scope of the revisions and accept the method and
(t0)
amount of compensation and the time involved in all phases of the work.
If revisions of the final plans, special provisions, and specifications, or drawings are
required by reason of Engineer's error or omission, then such revisions shall be made by
Engineer without additional compensation to the fees herein specified, and in a time fi.me as
directed by City.
It is expressly understood and agreed by Engineer that any compensation not specified in
Section II., "Compensation to Engineer," may require The Colony City Council approval and is
subject to funding limitations.
VI.
Engineer's Coordination with Owner
Engineer shall be available for conferences with City so that Project can be designed with
the full benefit of City's experience and knowledge of existing needs and facilities and be
consistent with current policies and construction standards. City shall make available to
Engineer all existing plans, maps, field notes, and other data in its possession relative to the
Project. Engineer may show justification to City for changes in design from City standards due to
the judgment of said Engineer of a cost savings to City and/or due to the surrounding
topographic conditions. City shall make the final decision as to any changes after appropriate
request by Engineer.
Engineer shall accompany City representatives on Project observation visits during
construction of Project at appropriate frequencies to assist City in determining if the project is
progressing in substantial accordance with Engineer's plans and specifications. City may require
more frequent construction observation visits as construction problems arise as a result of Project
design.
VII.
Contract Termination Provision
This contract may be terminated at any time by City for any cause without penalty or
liability except as may otherwise be specified herein. Upon receipt of written notice by City,
Engineer shall immediately discontinue all services and Engineer shall immediately terminate
placing orders or entering into contracts for supplies, assistance, facilities or materials in
connection with this contract and shall proceed to cancel promptly all existing contracts insofar
as they are related to this contract. As soon as practicable after receipt of notice of termination,
Engineer shall submit a statement, showing in detail the services performed but not paid for
under this contract to the date of termination. City shall then pay Engineer promptly the accrued
and unpaid services to the date of termination, to the extent the services are approved by City.
This contract may be terminated by Engineer with mutual consent of City at any time for
any cause without penalty or liability except as may otherwise be specified herein. Engineer
shall submit written notice to terminate contract and shall submit to City all plans and documents
relative to the design of Project. City shall then ascertain cost to complete the balance of the
(11)
work under this contract. If the cost to complete the balance of the work is greater than the
unpaid contract amount, City shall retain all unpaid balances and, in addition, Engineer shall pay
directly to City the difference in the unpaid balance and the cost to complete the work. In no
case shall City pay Engineer any additional monies other than those previously paid under the
contract.
VIII.
Ownership of Documents
All drawings and specifications prepared or assembled by Engineer under this contract
shall become the sole property of City and shall be delivered to City, without restriction on
future use. Engineer shall retain in his files all original drawings, specifications and all other
pertinent information for the work. Engineer shall have no liability for changes made to the
drawings, specifications, and other documents by other engineers subsequent to the completion
of the contract. City shall require that any such change be sealed, dated, and signed by the
engineer making that change and shall be appropriately marked to reflect what was changed or
modified.
IX.
Insurance
A. Engineer shall at Engineer's own expense, purchase, maintain and keep in force during
the term of this contract such insurance as set forth below. Engineer shall not commence
work under this contract until Engineer has obtained all the insurance required under this
contract and such insurance has been approved by City, nor shall Engineer allow any
subcontractor to commence work on his or her own subcontract until all similar insurance
of the subcontractor has been obtained and approved. All insurance policies provided
under this contract shall be written on an "occurrence" basis, except for professional
liability. The insurance requirements shall remain in effect throughout the term of this
contract.
1. Worker's Compensation as required by law, Employers Liability Insurance of not
less than $100,000.00 for each accident, $100,000.00 disease-each employee,
$500,000.00 disease-policy limit.
2. Commercial General Liability Insurance, including Independent Contractor'.*.
Liability, Completed Operations and Contractual Liability, covering but not
limited to the indemnification provisions of this contract, fully insuring Engineer's
liability for injury to or death of employees of City and third parties, extended to
include personal injury liability coverage, and for damage to property of third
parties, with a combined bodily injury and property damage minimum limit of
$500,000.00 per occurrence.
3. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired
and non-owned vehicles, with a combined bodily injury and property damage
(12)
limit of $500,000.00 per occurrence.
(Optional) 4. Professional Liability Insurance: Standard comprehensive professional liability
coverage in an amount of at least $300,000.00 per occurrence and $500,00.00
aggregate per year, covering the services provided under this contract, including
contractual liability. This insurance shall be maintained throughout the contract
and for one (1) year after completion of the construction of the project.
B. Each insurance policy to be furnished by Engineer shall include the following conditions
by endorsement to the policy:
1. Except for Worker's Compensation and professional liability insurance, the policy
shall name City as an additional insured as to all applicable coverage;
2. Each policy will require that thirty (30) days prior to the expiration, cancellation,
nonrenewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to: City Engineer, The City of the Colony, 6800 Main
Street, The Colony, Texas 75056. If the policy is canceled for nonpayment of
premium, only ten (10) days advance written notice to City is required;
3. The term "Owner" or "City" shall include all authorities, boards, bureaus,
commissions, divisions, departments and offices of City and the individual
members, employees and agents thereof in their official capacities, and/or while
acting on behalf of City.
4. The policy phrase "other insurance" shall not apply to City where city is an
additional insured on the policy; and
5. All provisions of the contract concerning liability, duty and standards of care,
together with the indemnification provision, shall be underwritten by contractual
liability coverage sufficient to include such obligations within applicable policies.
C. Concerning insurance to be furnished by Engineer, it is a condition precedent to
acceptability thereof that:
1. All policies are to be written through companies duly approved to transact that
class of insurance in the State of Texas; and
2. Insurance is to be placed with carriers with a Best rating of A:VII, or as otherwise
acceptable to the City Engineer.
D. Engineer agrees to the following:
1. Except for professional liability, Engineer hereby waives subrogation rights for
loss or damage to the extent same are covered by insurance. Insurers shall have
no right of recovery or subrogation against City, it being the intention that the
(13)
insurance policies shall protect all parties to the contract and be primary coverage
for all losses covered by the policies.
2. Companies issuing the insurance policies and Engineer shall have no recourse
against City for payment of any premiums or assessments for any deductible, as
all such premiums and deductibles are the sole responsibility and risk of Engineer.
3. Approval, disapproval or failure to act by City regarding any insurance supplied
by Engineer (or any subcontractors) shall not relieve Engineer of full
responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the insolvency or denial of liability by the insurance
company exonerate Engineer from liability.
4. Engineer shall provide Certificates of Insurance completed on the Acord form
only and endorsements effecting coverage required by this section to the City by
forwarding to: City Engineer, City of the Colony, 6800 Main Street, The Colony,
Texas 75056.
E. Any of the insurance policies required under this section may be written in combination
with any of the others, where legally permitted, but none of the specified limits may be
lowered thereby.
Xo
Monies Withheld
When City has reasonable grounds for believing that:
A. Engineer will be unable to perform this contract fully and satisfactorily within the time
fixed for performance; or
B. A claim exists or will exist against Engineer or City arising out of the negligence of the
Engineer or the Engineer's breach of any provision of this contract; then
City may withhold payment of any amount otherwise due and payable to Engineer under this
contract. Any amount so withheld may be retained by City for that period of time as it may
deem advisable to protect City against any loss and may, after written notice to Engineer, be
applied in satisfaction of any claim described herein. This provision is intended solely for the
benefit of City, and no other person or entity shall have any right or claim against City by reason
of City's failure or refusal to withhold monies. No interest shall be payable by City on any
amounts withheld under this provision. This provision is not intended to limit or in any way
prejudice any other right of City.
XI.
No Damages for Delays
Notwithstanding any other provision of this contract, Engineer shall not be entitled to
(14)
claim or receive any compensation as a result of or arising out of any delay, hindrance,
disruption, force majeure, impact or interference, foreseen or unforeseen.
XII.
Right to Inspect Records
Engineer agrees that City shall have access to and the right to examine any directly
pertinent books, documents, papers and records of Engineer involving transactions relating to
this contract. Engineer agrees that City shall have access during normal working hours to all
necessary Engineer facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. City shall give Engineer
reasonable advance notice of intended audits.
Engineer further agrees to include in subcontract(s), if any, a provision that any
subcontractor or consultant agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such consultant or subcontractor
involving transactions to the subcontract, and further, that City shall have access during normal
working hours to all consultant or subcontractor facilities, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with the provisions of this
paragraph. City shall give the consultant or subcontractor reasonable advance notice of intended
audits.
XIII.
No Third Party Beneficiary
For purposes of this contract, including its intended operation and effect, the parties (City
and Engineer) specifically agree and contract that: (1) the contract only affects matters/disputes
between the parties to this contract, and is in no way intended by the parties to benefit or
otherwise affect any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with City or Engineer or both; and (2) the terms of
this contract are not intended to release, either by contract or operation of law, any third person
or entity from obligations owing by them to either City or Engineer.
XIV.
Successors and Assigns
City and Engineer each binds himself and his successors, executors, administrators and
assigns to the other party of this contract and to the successor, executors, administrators and
assigns of such other party in respect to all covenants of this contract. Neither City nor Engineer
shall assign or transfer its interest herein without the prior written consent of the other.
(15)
XV.
Engineer's Liability
Acceptance of the final plans by City shall not constitute nor be deemed a release of the
responsibility and liability of Engineer, its employees, associates, agents or consultants for the
accuracy and competency of their designs, working drawings, specifications or other documents
and work; nor shall such acceptance be deemed an assumption of responsibility by City for any
defect in the designs, working drawings, specifications, or other documents and work; nor shall
such acceptance be deemed an assumption of responsibility or liability by City for any defect in
the designs, working drawings, specifications, or other documents prepared by said Engineer, its
employees, subcontractor, agents and consultants.
XVI.
Indemnification
Engineer shall and does hereby agree to indemnify and hold harmless the City of
the Colony, its officers, agents, and employees from any and all damages, loss or liability of
any kind, whatsoever, by reason of death or injury to property or third persons caused by
the omission or negligent act of Engineer, its officers, agents, employees, invitees or other
persons for whom it is legally liable, with regard to the performance of this contract, and
Engineer will, at its cost and expense, defend, pay on behalf of, and protect the City of the
Colony and its officers, agents, and employees against any and all such claims and
demands.
XVII.
Severability
If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, or conditions of this contract are for any reason held to be invalid, void or unen-
forceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, or conditions of this contract shall remain in full force and effect and shall
in no way be affected, impaired or invalidated.
XVIII.
Independent Contractor
Engineer covenants and agrees that he/she is an independent contractor, and not an
officer, agent, servant or employee of City; that Engineer shall have exclusive control of and
exclusive right to control the details of the work performed hereunder, and all persons
performing same, and shall be liable for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not
apply as between City and Engineer, its officers, agents, employees, contractors, subcontractors
and consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Engineer
(16)
XIX.
Disclosure
By signing this contract, Engineer acknowledges to City that he/she has made a full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed project
and business relationships with abutting property owners. Engineer further agrees that he shall
make disclosure in writing of any conflicts of interests which develop subsequent to the signing
of this contract and prior to final payment under the contract.
XX.
Venue
The parties to this contract agree and covenant that this contract shall be enforceable in
the Colony, Texas; and that if legal action is necessary to enforce this contract, exclusive venue
shall lie in Denton County, Texas.
XXI.
Entire Agreement
This contract embodies the complete agreement of the parties hereto, superseding all oral
or written previous and contemporary agreements between the parties relating to matters herein;
and except as otherwise provided herein, cannot be modified without written agreement of the
parties.
XXII.
Applicable Law
This contract is entered into subject to the Charter and ordinances of City, as they may be
amended from time to time, and is subject to and is to be construed, governed, and enforced
under all applicable State of Texas and federal laws. Situs of this contract is agreed to be Denton
County, Texas, for all purposes, including performance and execution.
XXIIII.
Default
If at any time during the term of this contract, Engineer shall fail to commence the work
in accordance with the provisions of this contract or fail to diligently provide services in an
efficient, timely, and careful manner and in strict accordance with the provisions of this contract
or fail to use an adequate number or quality of personnel or equipment to complete the work or
fail to perform any of its obligations under this contract, then City shall have the right, if
Engineer does not cure any such default after thirty (30) days written notice thereof, to terminate
this contract and complete the work in any manner it deems desirable, including engaging the
services of other parties therefor. Any such act by City shall not be deemed a waiver of any
other right or remedy of City. If after exercising any such remedy, the cost to City of the
performance of the balance of the work is in excess of that part of the contract sum which has not
theretofore been paid to Engineer hereunder, Engineer shall be liable for and shall reimburse
City for such excess.
(17)
XXIV.
Headings
The headings of this contract are for the convenience of reference only and shall not
affect in any manner any of the terms and conditions hereof.
XXV.
Non-Waiver
It is further agreed that one (1) or more instances of forbearance by City in the exercise of
its rights herein shall in no way constitute a waiver thereof.
XXVI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other fight
or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition of this contract may be waived
without consent of the parties. Forbearance or indulgence by either party shall not constitute a
waiver of any covenant or condition to be performed pursuant to this contract.
XXVII.
Equal Employment Opportunity
Engineer shall not discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, ancestry, national origin, place of birth or disability.
Engineer shall take action to ensure that applicants are employed and treated without regard to
their race, age, color, religion, sex, ancestry, national origin, place of birth or disability. This
action shall include, but not be limited to: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection of training, including apprenticeship.
XXVIII.
Construction of Contract
Both parties have participated fully in the review and revision of this contract. Any rule
of construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply to the interpretation of this contract.
Notices
All notices, communications, and reports required or permitted under this contract shall
be personally delivered or mailed to the respective parties by depositing same in the United
States mail, postage prepaid, at the addresses shown below, unless and until either party is
otherwise notified in writing by the other party, at the following addresses. Mailed notices shall
be deemed communicated as of five (5) days after mailing regular mail.
(18)
If intended for City, to:
City Engineer
City of the Colony
6800 Main Street
The Colony, Texas 75056
If intended for Engineer, to:
J.Richard Perkins P.E.
Teague Nall and Perkins,Inc
2001 West Irvinq Blvd.
Irving, Texas 75061
IN WITNESS WHEREOF, the parties enter into this contract on the date first written
above. ;i '~
['--! [ x_.' - J. Rt~ard Perkins P.E a
Printed or Typed Name
Principal
Printed or Typed Tire
75-1645991
Tax Identification No.
PA~I'TI HICKS, City Secretary -
DALE CHEATHAM.
Printed or Typed Name
CITY MANAGER
Printed or Typed Title
APPROVED AS TO FORM:
GORDON HIKEL, City Attomey
(19)
THE STATE OF TEXAS §
Engineer Acknowledgment
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared 0. A,~e~/~ l~',/M~,~,,a..~ , [] who is known to me or r'-]
who was proved to me on the oath of (name of person
identifying the acknowledging person) or r-] who was proved to me through
(description of identity card or other document issued by the
federal or state government containing the picture and signature of the acknowledging person) to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed same for the purposes and consideration therein expressed.
~ A3WEN UNDER MY HAND AND SF~L OF Oi3FICE this the 2~5~/~/ day of
( N~y'~ubh~ In ~nd Fo~ The State o£ Texa~
My Commission Expires: ~ ,.~, ,~ Notary's P~i[t~'Na~ne '
I[
"';5=i"f~'~'" , June 05, 2004
II '"'"""~'"'"My Commission Expires
THE STATE OF TEXAS §
City Acknowledgement
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared D~}lc ~..~ ~ hTN-~ ~t_ , known to me to
be a person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed same for and as the act of the City of the
Colony, Texas, a Texas municipal corporation, and as
thereof, and for the purposes and consideration therein expressed.
.. GTVEN UNDER MY HAND AND SEA[. OF OFFTCE this the ~'~'t ~
C~-I') b ~ ,~G.-.D-~_ day of
Not~ubl'~In and For The State of Texas
My Commission Expires: /[ ~,.,D__c~_O ~%_~.. Notary'~ Pmea Name
~:.;,[.'~.L;~ Notary Public, State of Texas ~
~ ~,~;~+,~,~$ My Commission Expires 11-22-05 ~
(20)
ATTACHMENT A
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2002 to December 31, 2002*
En~ineerin~l I Technical From To
Principal $135 $190 Per Hour
IT Manager $80 $95 Per Hour
Senior Engineer $90 $125 Per Hour
Engineer $75 $100 Per Hour
Graduate Engineer $60 $95 Per Hour
Senior Designer $65 $120 Per Hour
Designer $50 $75 Per Hour
Landscape Architect / Planner $80 $90 Per Hour
CAD Technician $45 $70 Per Hour
Intern Technician $40 - $55 Per Hour
Clerical $40 - $60 Per Hour
Resident Proiect Representative $40 - $55 Per Hour
Surveying
Survey Office Manager $106.18
R.P.L.S. $90.25
Senior Survey Technician $69.02
Junior Survey Technician $58.40
2-Person Field Crew w/Equipment $90.25
3-Person Field Crew w/Equipment $106.18
4-Person Field Crew w/Equipment $127.42
2-Person G.P.S. Crew w/Equipment $127.42
3-Person G.P.S. Crew w/Equipment $148.65
1-Person Robotic Crew w/Equipment $90.25
2-Person Robotic Crew w/Equipment $100.87
3-Person Robotic Crew w/Equipment $122.11
* Rates shown are for calendar year 2002 and are subject to change in subsequent years.
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ATTACHMENT B
TEAGUE NALL AND PERKINS, INC.
Direct Cost Reimbursable Rates
Effective January 1, 2002 to December 31, 2002*
Direct Cost Reimbursables
Photocopies $0.10/page letter and legal size bond paper, B&W
$0.20/page 11" x 17" size bond paper, B&W
$2.00/page 22" x 34" and larger bond paper or vellum, B&W
Plots $1.00/page 1 l"x 17" size bond paper, B&W
$2.00/page 1 l"x 17" size bond paper, color
$2.00/page 22"x34" and larger bond paper or vellum, B&W
$4.00/page 22"x34" and larger bond paper or vellum, color
$4.00/page 22"x34" and larger mylar or acetate, B&W
Blueline Prints $2.00/page all sizes
Sepias $4.00/page all sizes mylar or acetate film
Mileage $0.36/mile
All subcontracted and outsourced services billed at actual cost plus 10%
* Rates shown are for calendar year 2002 and are subject to change in subsequent years.
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