RES 1994-18TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 94-1,9
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS ACCEPTING AND
APPROVING A CONTRACT BETWEEN THE TOWN AND
TEAGUE NALL AND PERKINS, INC. FOR ENGINEERING
SERVICES FOR STREET REPAIR AND CONSTRUCTION
AS AUTHORIZED BY THE 1994 BOND ELECTION FOR
STREET REPAIRS; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. The Town Council of the Town of 'Trophy Club, Texas (the "Town") does
hereby accept and approve a contract by and between the Town and Teague Nall and
Perkins, Inc., of Fort Worth, Texas, for engineering services to be provided in connection
with the construction and repair of certain public streets within the Town as authorized by
the 1994 street repair bond election. A true and correct copy of the said contract is
attached hereto as Exhibit "A" and incorporated herein.
Section 2. The Mayor is hereby authorized and empowered to execute the said
contract on behalf of the Town.
Section 4. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 6 F.h day of T)pc-pmhar , 1994.
ATTEST:
r r
Town Secretary,
Town of Trophy Club, "i uxas
am
DOC #: 205067 -1-
APPROVED AS TO FORM:
Town torney,
Town of'Trophy Club, Texas
Doc #: 205(k7 -2-
This contract is made and entered into this 6:Lb day of nPcPm'hPr , 1994, by and
between the Town of Trophy Club (hereinafter referred to as "OWNER"), acting by and through
its duly authorized officer, and Teague Nall and Perkins, Inc., Consulting Engineers,
(hereinafter referred to as "ENGINEER"), of the City of Fort Worth, County of Tarrant, and
State of Texas.
WITNESSETH: The Owner intends to implement street improvements in keeping with
those outlined in the approved bond program. The estimated cost of these improvements,
including engineering, surveying and inspection is $2,200,000.
Such improvements are hereinafter referred to as the "PROJECT," located in the Town
of Trophy Club, County of Denton, and State of Texas.
I.
BASIC AGREEMENT
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering and resident project representation services in connection with
the Project as stated in the sections to follow, and for rendering such services, the Owner
agrees to pay the Engineer in accordance with the provisions in Section VI.
II.
CHARACTER AND EXTENT OF SERVICES
The Engineer shall, at the Owner's written request, render the following professional
services necessary for development of the project:
A. PRELIMINARY PHASE
1. Attend preliminary conferences with the Owner and other interested parties
regarding the project.
2. Advise the Owner of any soil and foundation investigations or any special testing
which, in the opinion of the Engineer, may be required for the proper execution
of the Project; and arrange with the Owner for the conduct of such investigations
and tests. The performance of such geotechnical investigations is not a part of
the Engineer's basic services, and compensation therefor is not included in the
Basic Charge. Additional services shall be furnished or obtained only upon
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written approval of the Owner, in which case compensation shall be determined
at the time these additional services are required.
3. Perform the preliminary engineering services in connection with the Project in
sufficient detail to indicate clearly the problems involved and the alternate
solutions available to the Owner, to include but not be limited to preliminary
layouts, sketches, and cost estimates for the Project, and to set forth clearly the
Engineer's recommendations.
4. When a written report is prepared, furnish the Owner two (2) copies of the
preliminary report, including preliminary layouts, sketches and cost estimates.
Also supply all utility companies with preliminary plans.
B. DESIGN PHASE
1. General - The project will be divided into several units (see attached Exhibit 'A')
for design, bidding and construction purposes.
2. Furnish the Owner, where required by the circumstances of the assignment, the
engineering data necessary for applications for routine permits by local, state, and
federal authorities.
3. Perform field surveys to collect information which, in the opinion of the engineer,
is required in the design of the project. Coordinate the services of a geotechnical
firm to provide an evaluation of the subsurface soils on Trophy Club Drive and
Indian Creek Drive along with recommended paving section that is compatible
with the identified subsoil conditions.
4. Prepare detailed specifications and contract drawings for construction authorized
by the Owner. These designs shall exemplify the application of sound
engineering practices and be in conformance with the guidelines as provided by
the Town Council, Public Works Committee and Public Works Director.
5. Prepare detailed cost estimates and proposals of authorized construction, which
shall include summaries of bid items and quantities which will be based, wherever
practical, on the unit price system of bidding.
6. Provide a preliminary drainage study to identify drainage conditions and potential
drainage needs,including preliminary cost estimates for drainage improvements
which may be needed on Trophy Club Drive and/or Indian Creek Drive segments
which are to be reconstructed or where known drainage problems exist.
7. Complete the design phase, including plans, specifications and construction
contract documents (including, without limitation, necessary bidding information,
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bidding forms, the conditions of the contract, and the form of Agreement between
the Owner and contractor) (the "Construction Documents") for preliminary review
by Owner and utility companies in a timely fashion.
8. Provide design surveys as needed to accomplish the design.
1. Assist the Owner or his Agent in advertising the Project for bids. Advertising
costs shall be borne directly by Owner. Assist the Owner or his Agent in
opening of bids and provide tabulation of bids for construction of the project and
recommend to the Owner the proper action on all proposals received.
2. The Engineer, or its appointed survey consultant, will provide control staking.
Construction staking, consisting of setting lines and grades for the entire project,
will be provided by the construction contractor.
3. General Representation and Inspection during Construction:
Engineer shall furnish general representation and inspection of the work during
the construction phase as follows: review shop drawings pursuant to the General
Conditions of the Construction Contract; make at least three (3) visits per month
to the project site by office staff to determine if the construction work is being
performed in a manner indicating that the work when completed will be in
accordance with the contract documents; review such work of testing laboratories
as may be required by the Owner; keep the Owner informed of the progress of
the work; issue all instructions of the Owner to the Contractor. On the basis of
on-site inspections as an Engineer, the Engineer shall exercise reasonable care
and diligence in discovering and reporting to the Owner any defects or
deficiencies in the work of the contractor or any subcontractors. The Engineer
represents that the Engineer will follow professional standards in performing its
services under this Agreement. The Engineer, upon discovering any defective
designs or specifications which he has furnished, shall promptly correct same at
no cost to the Owner. The Owner's approval, acceptance, use of or payment of,
for all or any part of the Engineer's services hereunder or of the project itself
shall in no way alter the Engineer's obligations or the Owner's rights hereunder.
It shall be the duty and responsibility of the Engineer to prepare change orders
as required and review the application for payment submitted by the Contractor.
The Engineer shall use reasonable diligence to detect defects and deficiencies in
the work of the Contractor and disapprove or reject work as failing to conform
to both the Contract Documents and the plans and specifications.
C
4. Provide a Resident Project Representative (RPR) to monitor construction activity
on a daily basis; maintain a daily log; keep the Engineer and Owner informed of
construction progress; and provide liaison between the contractor and other
interested parties.
5. Consult and advise the Owner, make recommendations to the Owner regarding
materials and workmanship, and prepare and issue change orders with Owner's
approval.
6. Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor is
required to submit, for compliance with the information given by Contract
Documents, and assemble written guarantees which are required by the Contract
Documents.
7. Review Contractor's monthly and final pay estimates and prepare pay
recommendations for Owner's payments to the Contractor(s).
8. Conduct, in company with the Owner and Contractor, a final inspection of the
Project for compliance with the Contract Documents and make recommendations
to the Owner regarding the completion of the Project.
9. Revise contract drawings to provide Record Drawings of the completed Project,
and furnish one set of prints to the Owner. The Engineer will exercise the usual
degree of care in preparing these drawings.
10. Advise the Contractor of any and all specific instructions from the Owner
pertaining to the Project.
AUTHORIZATION OF SERVICES
The Engineer shall be authorized to proceed with Preliminary Phase services for the
Project upon execution of this Agreement and at the Owner's written request. The Owner's
authorization shall be obtained prior to proceeding with each subsequent phase of services.
Ll
I VA
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the Owner and the Engineer, and
shall remain in force until work is completed or this Agreement is terminated under the
provisions hereinafter provided in Section VIII.
M
COORDINATION WITH OWNER
The Engineer shall hold periodic conferences with the Owner, or its representatives, in
order to obtain full benefit of the Owner's experience and knowledge of existing needs and
facilities, and be consistent with its current policies and construction standards.
U
THE ENGINEER'S BASIC COMPENSATION
A. The Engineer shall be compensated on the basis of salary cost of the Engineer's Staff at
the time services are performed times a multiplier of 2.5. Salary cost includes the
employer's share of Social Security, holiday, vacation, sick leave, Workmen's
Compensation Insurance, and federal and state unemployment insurance.
B. Actual out-of-pocket expenses that are incurred during the progress of the work at
Engineer's cost plus 10%. The actual out-of-pocket expenses include: air fare,
automobile rental if required, mileage charges (outside a 30 mile radius of the Town),
parking, tolls, taxi, meals, lodging, telephone, printing and reproduction costs, and other
miscellaneous costs incurred specifically for this project.
C. For work done by others, at the actual cost to the Engineer of such services plus 10%.
D. Partial payments will be billed monthly. See Exhibit "B" for applicable hourly rates for
this contract.
VII.
METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of statements prepared from the books
and records of account of the Engineer, such statements to be verified as to accuracy and
compliance with the terms of this contract by an officer of Engineer. Payment according to
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statements will be subject to certification by the Director of Public Works or his authorized
representative that such work has been performed.
VIII.
TERMINATION
Either party to this Agreement may terminate the Agreement by giving the other at least
seven (7) days notice in writing. Upon delivery of such notice by the Owner to the Engineer,
and upon expiration of the seven day period, the Engineer shall discontinue all services in
connection with the performance of the Agreement and shall proceed to cancel promptly all
existing orders and contracts insofar as such orders or contacts are chargeable to this Agreement.
As soon as practical after receipt of notice of termination, the Engineer shall submit a statement,
showing in detail the services performed under this Agreement to the date of termination. The
Owner shall then pay the Engineer for those services actually performed under this Agreement
prior to the receipt of termination notice, less such payments on account of the charges as have
been previously made; provided, however, that the Owner shall not then be required to pay for
those services of the Engineer for which the Owner terminated this Agreement and which are
therefore in dispute. Copies of all completed or partially completed designs, plans, and
specifications prepared under this Agreement shall be delivered to the Owner when and if this
Agreement is terminated.
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
The Engineer will not discriminate against any employee or applicant for employment
because of race, color, sex, religion, or national origin. The Engineer shall take affirmative
action to ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, sex, religion, or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotions or transfers, recruitment
or recruitment advertising, layoffs, or terminations, rates of pay, or other forms of
compensation, selection of training, including apprenticeship, and participating in recreational
and education activities.
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ADDRESSES OF NOTICES AND COMMUNICATIONS
All notices and communications under this Contract to be mailed or delivered to Engineer
shall be to the following address:
Teague Nall and Perkins, Inc.
Consulting Engineers
915 Florence Street
Fort Worth, Texas 76102-3531
All notices and communications under this Contract to be mailed or delivered to Owner
shall be to the following address:
Town of Trophy Club
Department of Public Works
100 Municipal Drive
Trophy Club, Texas 76262
XI.
SECTION CAPTIONS
Each Section under the contractual undertakings has been supplied with a caption to serve
only as a guide to the contents. The caption does not control the meaning of any section nor
in any way determine its interpretation or application.
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SUCCESSORS AND ASSIGNMENTS
The Owner and the Engineer each binds himself and his successors, executors,
administrators and assigns to the other part of this Agreement and to the successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement,
except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest
in this Agreement without the written consent of the other. Nothing herein shall be construed
as creating any personal liability on the part of any officer or agent of any public body which
may be a party thereto.
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AUTHORITY TO EXECUTE CONTRACT
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions or other act
extending such authority have been duly passed and are now in full force and effect.
XIV.
11011 Dl► 1►1��C�1: 1�1�►7
Engineer agrees to indemnify the Owner, its officers and employees against, and hold
the Owner, its officers and employees harmless from, at Engineer's cost, any and all actions,
causes of action, lawsuits, judgments, claims, damages, costs or fees, including reasonable
attorney's fees, for injury to person or property or death of any person resulting from or based,
in whole or in part, on any negligent or willful act or omission of the Engineer under this
Agreement. The provisions of this paragraph shall survive the termination of this Agreement.
XV.
INSURANCE
The Engineer agrees that it shall maintain, at no cost to Owner, professional liability
insurance placed with a company rated at least B+ by Best's Key Rating Guide, authorized to
do business in Texas, in an amount of not less than $500,000 for a period of not less than three
(3) years from the date of this Agreement, or during any period for which the project is under
either design or construction, whichever is longer. Such policy shall name the Owner as an
additional insured and shall require the giving of written notice to Owner at least thirty (30) days
prior to cancellation, non -renewal or material modification of any policy, evidenced by return
receipt of United States certified mail. Engineer shall furnish Owner with copies of the said
policies or certificates evidencing such coverage.
XVI.
SEVERABILITY AND SURVIVAL
Any provision of this Agreement later held to be unenforceable for any reason shall be
deemed void, and all remaining provisions of this Agreement shall continue in full force and
effect. All obligations arising prior to the termination of this Agreement allocating responsibility
or liability of, or between, the Owner and the Engineer shall survive the completion of these
services hereunder and termination of this Agreement.
XVII.
PRIOR AGREEMENT SUPERSEDED
This contract constitutes the sole and only Agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting the written
subject matter.
EXECUTED in three (3) counterparts (each of which is an original) on behalf of the
Engineer by its Principal -in -Charge shown below, and on behalf of the Owner by its Mayor
(thereunto duly authorized) this rpt h day of , 1994.
ATTEST: ,- �.
Z
TEAGUE NALL AND PERKINS INC.
I
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ATTEST: /
Exhibit "A"
The $2,200,000 Street Bond Program, the Project, is to be divided into units of like work for
bidding and construction purposes. The following units are anticipated:
Unit I - Joint and Crack Sealing Contract. Estimated cost, including engineering and
inspection, is $350,000.
Unit II - Reconstruction of Trophy Club Drive from S.H. 114 to just North of Indian
Creek Drive and the Reconstruction of Indian Creek Drive from Trophy Club
Drive to Brookhollow. Estimated cost, including engineering, surveying and
inspection, is $600,000.
Unit III - Joint and Crack Sealing Contract. Estimated cost, including engineering and
inspection, is $350,000.
Unit IV - Street Repair of Trophy Club Drive and Indian Creek Drive (Sections not
included in Unit II). Estimated cost, including engineering, surveying and
inspection, is $700,000.
Unit V - Street Repair of Miscellaneous Interior Streets. Estimated cost, including
engineering, surveying and inspection, is $200,000.
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EXHIBIT "B"
Teague Nall and Perkins, Inc.
Hourly Rate Schedule (At Salary Costs)
October, 1994
Engineering and Inspection
From
To
Principal
$30.00
- $41.00
Senior Engineer
$25.00
- $33.00
Engineer
$18.00
- $26.00
Senior Designer
$22.00 -
$28.00
Technician
$14.00 -
$22.00
CAD Operator
$13.00 -
$21.00
Draftsman
$12.00 -
$19.00
Clerical
$10.00 -
$18.00
CADD Station
$15.00
* Rates subject to a 3 % increase October 1 of each year.
Inspector
$12.00 -
$16.00
Surveying
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Hourly Billing*
Rate
Principal/R. P. L. S .
$
55.00
Project Manager/Survey Supervisor
$
44.00
CAD Technician
$
55.00
Survey Technician
$
39.60
Draftperson
$
33.00
Clerical
$
19.80
Two Person Field Crew w/Equipment
$
83.60
Three Person Field Crew w/Equipment
$
99.00
* Rates subject to a 3 % increase October 1 of each year.
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