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HomeMy WebLinkAboutResolution 2006-010 RESOLUTION NO. 2006-010 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Engineering Agreement with Binkley & Barfield, Inc. for design of Rufe Snow Drive (Loop 820 to Karen Drive) as an act and deed of the City. PASSED AND APPROVED this the 13th day of February 2006. ",""ö\CHl AA/_ "', "'.eX'- ~.·:·:-::·!.VU k." $'~'...... ···..:ø~,......~. .:::- . n . " :::~.... ··..n~ ~EST:r Y'~~. ~...h Æf. ~~-éV:ti..~ Patri~'íií/Hutson, City Secretary APPROVED AS TO CONTENT: M:4 C..t;~ Mike Curtis, P.E., Public Works Director AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICH LAND HILLS AND BINKLEY & BARFIELD, INC. I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and Binkley & Barfield, Inc., a Texas corporation, acting by and through Fred Balster, P.E., its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Rufe Snow Drive Construction Project located between Loop 820 and Karen Drive. NOW, THEREFORE, CITY and ENGINEER, in consideration ofthe mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Rufe Snow Drive Construction Project located between Loop 820 and Karen Drive in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this-contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto and AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 1 of 23 incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER fbr Special Engineering Services as indicated in Exhibit C: "Special Engineering Services", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed Sixty Thousand Dollars ($ 60,000.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGI NEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 2 of 23 IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original.drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 3 of 23 foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other" engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $ 1,000,000 aggregate Property Damage Combined Single Limit C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $ 1,000,000 aggregate Property Damage Combined Single Limit D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 4 of 23 XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this' Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel. promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party 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 CITY nor ENGINEER shall assign, sublet or transfer its 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 CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 5 of 23 For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing additional fees for services to' provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreemßnt. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. 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 all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take- offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Exhibit liB" Project Schedule Basic Engineering Services AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 6 of 23 Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Special Engineering Services Additional Engineering Services Services to be Provided by the City Compensation Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. LeQal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any' of the obligations hereunder or arising out of any dispute concerning the terms a':ld conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Binkley & Barfield, Inc. Attn: Fred Balster, P.E. 1255 West 15th Street Suite 250 Piano, Texas 75075 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 7 of 23 subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Aareement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severabilitv. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assianment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made 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 PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 8 of 23 This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the d.-......l day of Fe.,.b("'~'-I , 20 0 10 . \ CITY OF NORTH RICHLAND HILLS (CITY) By: Larry Cunningham, City Manager Date: ATTEST: City Secretary Approved as to form and legality: CITY SEAL By: BINKLEY & BARFIELD, INC. (ENGINEER) 2~.JÆ- red Balster, P.E., Principal Date: Z- Z-~# ATTEST: ¿~ --p~ -/ Notary Public in and for the State of Texas :::s- ò () ~D \ \ d r-cL Type or Print Notary's Name My Commission Expires: g- ll- 0, '~~"'''''r~ t:t \:'ª \~~~....;~$¡ # I',,9fu'" .~,..~~- JAN POlLARD MY COMMISSION EXPIRES August 11, 2IYJ7 AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 9 of 23 EXHIBIT A PROJECT SCHEDULE FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Pre-Scope Meeting March 15, 2006 Complete Preliminary Plans May 16, 2006 Identify Necessary ROW June 16, 2006 Complete Final Plans July 16, 2006 Advertise for Construction Bids July 2006 Open Construction Bids 1 st Week of August 2006 Begin Construction Beginning of September 2006 Schedule subject to City reviews, utility coordination, and TxDOT reviews. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (Loop 820 to Karen Drive) (113012006) Page 10 of 23 EXHIBIT B & C BASIC ENGINEERING SERVICES AND SPECIAL ENGINEERING SERVICES FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) The project consists of the reconstruction of Rufe Snow Drive from Loop 820 to Karen Drive, an approximate total of 1,000 feet, in North Richland Hills, Texas. The project will include the determination of street section and will be 8" concrete curbed road section with an 8" lime stabilized base. The project will include the replacement of existing driveways, sidewalks, the traffic signal at Meadow Lakes Drive, and street lighting. Preparation of drainage plans is excluded from this Scope of Work. A construction traffic control plan for the project will be prepared. The design surveys will cover the Project ROW including 100 feet of connecting intersections. Control staking will be limited to setting the horizontal alignment every 500 feet, plus all P.C.'s and P.T.'s of curves and the establishment of two benchmarks. Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for all paving, drainage, water line, and sewer construction work, based on current estimated unit prices which are representative of similar types of construction in the North Richland Hills area. In the event that the ENGINEER's Estimate of construction costs exceeds the established budgets for this project, then the ENGINEER shall prepare an Alternate Bid Proposal to be included in the Construction Contract Documents which is based on a reduced scope of construction as required for construction costs to stay within the available funds for the project, or as directed by the OWNER. Perform construction project administration support for this project which shall include conducting a pre-construction conference with the Contractor; furnishing horizontal and vertical control data to the Contractor (who will be responsible for laying out the project and preparing his own "cut sheets"); preparing monthly letters of recommendation of Contractor requests for partial payments; answering questions regarding interpretation of the plans and Contract Documents which might arise during construction; reviewing shop drawings, cut sheets, and lab reports as required; and making periodic visits to the project site throughout the construction period. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 11 of 23 The BASIC ENGINEERING SERVICES to be rendered by ENGINEER, include and are limited to the following: A. Establish the scope and advise the OWNER, of any geotechnical, soil, foundation, or other subsurface investigations or any special surveys or special testing which, in the opinion of the ENGINEER, may be required for the proper execution of the project, and assist the OWNER in arranging for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the ENGINEER'S.ßasic Services and will not be included unless specifically authorized in writing.) B. Furnish to 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 (as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances not included in Basic Services). C. Develop the project design combining the application of sound engineering principles and economy which shall be manifested by completed Construction Contract Documents, (Plans, Specifications, etc.) and assist OWNER with submittal of such Documents to local, state and federal agencies for approval as may be applicable. D. Prepare detailed cost estimates identifiable with the proposals of authorized construction, which shall include summaries of bid items and quantities on the unit price system of bidding wherever practical, or as determined by the OWNER. The ENGINEER shall not be required to guarantee the accuracy of these estimates. E. Furnish to the OWNER all necessary copies of approved Construction Contract Documents (plans, specifications, notice to bidders, proposals, etc.). All sets of Construction Contract Documents in excess of 30 are to be paid for separately. F. Assist the OWNER in the advertisement of the project for bids. G. Assist the OWNER with a Pre-Bid Conference. H. Assist the OWNER in the opening and tabulation of bids for construction of project and recommend to the OWNER as to the proper action on all proposals received. I. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. J. Represent the OWNER in the Non-Resident administration of the project. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the OWNER may have to disapprove work and materials that fail to conform to the AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 12 of 23 Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the project and does not include on-site activities other than occasional site visits to observe overall project conditions or when specifically requested by OWNER to visit on-site for a particular matter. It particularly does not involve exhaustive or continuous on- site inspections to check the quality or quantity of the work or material; nor does it place any responsibility on ENGINEER for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents). K. Consult and advise the OWNER; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. L. Review samples, catalog data, schedules, cut and fill calculations (cut sheets), shop drawings, laboratory tests, shop and mill tests of material & equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. Provide recommendations as to whether samples, catalog data, schedules, shop drawings, laboratory tests, shop and mill tests of material and equipment, and other data which the Contractor submits, meets the requirements of the Contract Documents. M. Prepare or review monthly and final estimates for payments to Contractors, and furnish to the OWNER any necessary certifications as to payments to Contractors and Suppliers. N. Conduct, in company with OWNER, a final inspection of the project for conformance with the design concept of the project and compliance with the Contract Documents, and approve in writing final payment to the Contractors. O. Revise contract drawings, with the assistance of the Resident Project Representative, to reflect available information as to how the work was constructed. Furnish three sets of Record Drawings on bond paper and one CD-ROM (pdf format) to the City. P. Include all direct non-labor costs associated with Items A. through O. above. a. Any and all ADA fees incurred on this project shall be the responsibility of the City. R. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 13 of 23 submit three (3) sets of Record Drawings and one CD-ROM (pdf format) to the CITY. The SPECIAL ENGINEERING SERVICES to be rendered by the ENGINEER, include and are limited to the following: A. Perform field surveys to collect information on surficial topographic features, which in the opinion of the ENGINEER, is required in the final design of the PROJECT. B. Perform field surveys, conduct records research and furnish property descriptions and/or permit applications for the purpose of easement, right-of-way and/or permit acquisition by the OWNER. C. Furnish Control Points and Elevation Bench Marks required to establish the alignment and elevations as required for the Contractor to layout the construction of the PROJECT to the proper lines and grades for the construction of the designed improvements. D. Prepare Right-of-Way instruments in CITY approved format(s) which shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Land Surveyor registered in the State of Texas. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 14 of 23 EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. II. ADDITIONAL Engineering Services not included in the scope of-work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the scope of work, also include setting of Right-of-Way acquisition parcels with the exception of six (6) parcels adjoining Rufe Snow Drive. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Surveying Services Hourly Fee Schedule Description of Service Principal/ RP.L.S. Project Manager / RP.L.S. Survey Technician / RP.L.S. Survey Technician / S.I.T. Two Man Field Crew wI Equipment Three Man Field Crew w/ Equipment Four Man Crew wI Equipment One Man Field Crew wI RTK-GPS Equipment Two Man Field Crew wI RTK-GPS Equipment Hourly Rate $100.00 $ 88.00 $ 75.00 $ 56.00 $ 98.00 $120.00 $145.00 $100.00 $125.00 AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 15 of 23 Description of Service Principal Engineer Senior Engineer Project Engineer Graduate Engineer Clerical Engineering Services Hourly Fee Schedule Hourly Rate $150.00 $ 95.00 $ 75.00 $ 65.00 $ 55.00 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 16 of 23 EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if availaþle. III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from TxDOT and/or other local utility companies. . V. Provide standard details and specifications in digital format. VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (1130120061 Page 17 of 23 EXHIBIT F COMPENSATION FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter'set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. A. BASIC ENGINEERING SERVICES Compensation for the Basic Services: Design and Construction Phases of the PROJECT, shall be based on a lump sum basis. The following schedule: Paving Plans $ 20,000 LS Street Lighting $ 4,000 LS Traffic Signals $ 12,000 LS Traffic Control Plans $ 4,000 LS Bid Phase $ 2,000 LS Construction Phase $ 2.000 LS Total $ 44,000 Payment to the ENGINEER shall be due in monthly installments based on the percentage of services completed. B. SPECIAL ENGINEERING SERVICES Right-of-Way exhibits shall be paid on a per each basis, with six exhibits budgeted. Compensation for the Design Survey and Control Survey shall be based on a lump sum basis on the following schedule: AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 18 of 23 Design Survey Control Survey ROW Exhibits (6 @ $,1000 ea) Expenses ADA Fees (By City) Total $ 7,000 LS $ 1,000 LS $ 6,000 EA $ 2,000 LS $ 00 $ 16,000 C. TOTAL COMPENSATION $ 60,000 II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement,. Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon. ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess ofthe cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s), AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 19 of 23 III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payabJe on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services"). B. Upon completion of services enumerated in Exhibit B:'''Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (1/3012006) Page 20 of 23 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR RUFE SNOW DRIVE CONSTRUCTION PROJECT (Loop 820 to Karen Drive) [Conflict of Interest Questionnaire is on the following 2 pages.] AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 21 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A' person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section ¡sa Class C misdemeanor. ~ Name of person doing business with local governmental entity. Fred Balster, P.E. W D Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the ih business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) [!J Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. No Affiliations -.!J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. No. Affiliations AGREEMENT FOR ENGINEERING SERVICES BElWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 22 of 23 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 --.!J Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, S, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? DYES DNo· B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? DYES DNO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? DYES DNO D. Describe each affiliation or business relationship. -.!J Describe any other affiliation or business relationship that might cause a conflict of interest. No Affiliations ~ ~/¿5£ Signature of person doing business with the governmental entity "2--2.--/~ Date -- Adopted 01/13/2006 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BINKLEY & BARFIELD, INC. Rufe Snow Drive Construction Project (loop 820 to Karen Drive) (113012006) Page 23 of 23