RES 1995-03TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 9 5 - 0 3
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AND ACCEPTING
A CONTRACT IN THE AMOUNT OF THIRTY THOUSAND
AND N0/100 DOLLARS ($30,000.00) FOR ENGINEERING
SERVICES BY AND BETWEEN THE TOWN AND TEAGUE
NALL & PERKINS, INC. FOR THE PURPOSE OF
OBTAINING DIGITAL AERIAL TOPOGRAPHIC MAPPING OF
THE CORPORATE LIMITS OF THE TOWN; AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE THE SAID
CONTRACT ON BEHALF OF THE TOWN; 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 approve and accept a Contract for Engineering Services in the amount of Thirty
Thousand and No/100 Dollars ($30,000.00) by and between the Town and Teague Nall &
Perkins, Inc. for the provision by Teague Nall & Perkins, Inc. of digital aerial topographic
mapping of the corporate limits of the Town. A true and correct copy of the said Contract is
attached hereto and incorporated herein.
Section 2. The Mayor of the Town is hereby authorized and directed to execute the said
Contract with Teague Nall & Perkins, Inc.
Section 3. 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 21 s t day of February , 1995.
Town of Trophy Club, Texas
DOC k: 204591
ATTEST:
Town Se=cretary,
Town of Tropl!y Club, Texas
[SEAL]
APPROVED AS TO FORM:
Tow Attorney,
T=' of Trophy Club, Texas
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DOC #: 204591
XIV.
i 1 t
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.
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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.
1_�i/_!�
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.
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.
61
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 - day of 1995.
TOWN OF TROPHY CLUB TEXAS TEAGUE NALL AND PERKINS INC.
• G�---` BY:
AYOR PRIN L -IN -CH GE
ATTEST:
rel
ATTEST: _
STATE OF TEXAS §
§ CONTRACT FOR ENGINEERING SERVICES
TOWN OF TROPHY CLUB §
If
This contract is made and entered into this day of�. , 1995, by and
between the Town of Trophy Club (hereinafter referred to as "OWNER"), actin 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 obtain digital aerial topographic mapping of the
Town limits combined with current digital base mapping.
Such services are hereinafter referred to as the "PROJECT," located in the Town of
Trophy Club, County of Denton, and State of Texas.
Q
BASIC AGREEMENT
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering 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.
IIe
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. GROUND CONTROL
Establish sufficient ground control (horizontal and vertical) to orient the flight
photographic data to the proper scale and to establish the mapping system on the Texas State
Plane Coordinate System.
B. AERIAL FLIGHT
Provide a fly -over of the entire Town limits at the proper altitude in order to produce a
final grid map scale of 1"=200'.
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C. DIGITAL TOPOGRAPHIC MAPPING
Insert previously prepared digital base mapping files into digital topographic files and
provide rotation off platted areas sufficient to properly orient the rights-of-way and lot lines to
match the topographic features.
M1
AUTHORIZATION OF SERVICES
The Engineer shall be authorized to proceed with the above mentioned services for the
Project upon execution of this Agreement and at the Owner's written request.
IV.
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.
V.
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.
up
THE ENGINEER'S BASIC COMPENSATION
A. The Engineer shall be compensated on the basis of a lump sum Contract amount of
$30,000.
VII.
METHOD OF PAYMENT
The Engineer shall be paid monthly on the basis of an estimated percentage (%) of
completion of the total services to be performed. Payment of such statements will be subject
to certification by the Director of Public Works or his authorized representative that such work
has been performed.
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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.
IX.
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.
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
3
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.
XII.
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.
XIII.
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.
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XIV.
i 1 t
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.
M
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.
1_�i/_!�
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.
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.
61
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 - day of 1995.
TOWN OF TROPHY CLUB TEXAS TEAGUE NALL AND PERKINS INC.
• G�---` BY:
AYOR PRIN L -IN -CH GE
ATTEST:
rel
ATTEST: _