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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 m 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. 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: _ 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'. 1 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. N 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. M 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: _