HomeMy WebLinkAboutResolution 2002-086
RESOLUTION NO. 2002-086
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 Knowlton-English-Flowers, Inc. for the construction
administration on Rufe Snow Drive (IH 820 to Mid-Cities Boulevard) as the act and deed
of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 28th day of October, 2002.
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Patricia Hutson, City Secretary
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Frank Metts, Jr., Mayor Pro Tem
APPROVED AS TO CONTENT:
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Mike Curtis, Public Works Director
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Contract #
CITY OF NORTH RICHLAND HILLS, TEXAS
PUBLIC WORKS CONTRACT
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made and entered into this
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day of
,2002,
by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and KNOWL TON-ENGLlSH-
FLOWERS, INC., a corporation hereinafter called the ENGINEER.
Engineering Support for construction project administration of Street, Drainage, and Utility Improvements
in Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (TxDOT ISTEA project).
The above assignment is hereinafter called the "PROJECT ",
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF ENGINEER
The CITY agrees to employ the ENGINEER and the ENGINEER agrees to furnish the Special Engineering Services
in connection with the PROJECTS as stated in Section II following, and for having rendered such services the OWNER agrees
to pay to the ENGINEER compensation as stated in Section VI following.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The ENGINEERING SERVICES to be rendered by ENGINEER, include and are limited to the following:
Engineering support for construction project administration of Street, Drainage, and Utility
Improvements in Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (TxDOT ISTEA project):
1. Represent the OWNER in providing engineering support for the Non-Resident project administration of
the PROJECT. It should be noted that the PROJECT is administered by the Texas Department of
Transportation (TxDOT); the City of North Richland Hills is responsible for the inspection of all work
involved with the construction and relocation of the City's utilities (water and sanitary sewer systems).
2. Exercise whatever rights the OWNER may have to disapprove work and materials that fail to conform to
OWNER standards 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. The ENGINEER will not be responsible or liable in any degree for the Contractor's failure
to perform the work in accordance with the OWNER'S standards),
3. Consult and advise the OWNER in matters pertaining to the utility system construction and other areas
of the PROJECT that concern the OWNER. Request, in writing, that TxDOT issue such instructions to
the Contractor as in the judgment of the ENGINEER are necessary. Prepare routine change orders for
review by the OWNER and for action by TxDOT and the Contractor, as required, including a change order
for decorative street signal lights in accordance with new City of North Richland Hills traffic signal
standards.
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4. 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 to TxDOT, The reviews shall
address only conformance with the design concept of the project and compliance with the information
given by the Contract Documents.
5. Prepare written responses to routine Requests for Information (RFl's) as submitted to TxDOT by the
Contractor, as appropriate.
6. Evaluate change orders as prepared by the Contractor for action by TxDOT (if such documents are
provided to the ENGINEER) and make recommendations to TxDOT and the OWNER.
7. Evaluate change orders previously received and approved by TxDOT (if TxDOT action is taken prior to
the ENGINEER'S review) and make recommendations to TxDOT and the OWNER, as appropriate,
8. Attend weekly TxDOT/Contractor meetings, or as requested by the OWNER.
9. Assist with the preparation of "record" drawings, based on construction information provided by the
OWNER and TxDOT. Furnish sets of prints of the revised drawings, as detailed in Section VIII, below,
to the CITY and to TxDOT.
10. The proposed engineering services do not include the design and/or preparation of change orders that
address revisions complying with regulations adopted after the date of TxDOT acceptance of the
PROJECT design. Nor do the services include the preparation of change orders other than those that are
"routine" in nature (do not require extensive design effort),
11. The proposed engineering services do not include field surveys other than those required to recover
horizontal and vertical control points.
SECTION III
AUTHORIZATION OF SERVICES
The ENGINEER shall not undertake any professional services of any nature, under this AGREEMENT, until he has
received written authorization from the OWNER.
SECTION IV
PERIOD OF SERVICE
This AGREEMENT shall be effective upon execution by the OWNER and the ENGINEER, and shall remain in force
until terminated under the provisions hereinafter provided in Section X.
SECTION V
COORDINATION WITH THE OWNER
The ENGINEER shall hold periodic conferences with the CITY, or its representatives, to the end that the project, as
perfected, shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND
FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS, To implement
this coordination, the OWNER shall make available to the ENGINEER for use in planning the project, all existing plans, maps,
field notes, statistics, computations and other data in his possession relative to existing facilities and to the PROJECT.
SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the Special Engineering Services to be rendered by the ENGINEER, as cited in Section
II above, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth:
Engineering support for construction project administration of Street, Drainage, and Utility
Improvements in Rufe Snow Drive from I.H. 820 to Mid-Cities Boulevard (TxDOT ISTEA project):
2
Compensation for the services associated with this assignment shall be based on employee hours
spent working on the PROJECT. Hourly rates shall be commensurate with the appropriate labor category as
indicated in the attached rate schedule (Attachment "A"). The hourly rates include payroll costs plus fringe
benefits, overhead costs and profit. Itemized direct non-labor and sub-contract expenses shall be billed at
invoice cost plus 8%. The total compensation to the ENGINEER for the above services will not exceed
$150,100 without additional negotiation and authorization.
Payment to the ENGINEER shall be due, in monthly installments, upon receipt by the OWNER of an
invoice from the ENGINEER outlining the hours worked by each employee, his or her labor category and the
total amount charged for each employee. The invoice will include the costs of all non-labor and sub-contract
items directly associated with the PROJECT.
The compensation for engineering services stated does not include sales tax. If the State of Texas imposes a sales
tax on engineering services during the time of this contract, then the OWNER agrees to pay the sales tax as an extra payment,
above and beyond the agreed compensation for engineering services.
SECTION VII
REVISION OF REPORTS, PLANS, SPECIFICATIONS
AND OTHER DOCUMENTS
The revision and re-work of reports, plans, specifications and other documents during the formative stages as an
orderly process in the development of the project to meet the needs of the OWNER shall be considered as part of the services.
However after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which,
for its proper execution, involves extra services and expenses for, changes in or additions to the drawings, specifications or
other documents, or if the ENGINEER is put to labor or expense by delays imposed on him from causes not within his control,
the ENGINEER shall be compensated for such extra expense.
SECTION VIII
OWNERSHIP OF DOCUMENTS
Original documents, plans, design and survey notes represent the product of training, experience, and professional
skill, and accordingly belong to, and remain the property of the ENGINEER who produced them and the CITY, regardless of
whether the instruments were copyrighted or whether the project for which they were prepared is executed.
After the completion of the PROJECTS, the ENGINEER will furnish the OWNER with three sets of as-built bluelines,
one set of labeled aperture cards of "record" drawings, and a CD-ROM containing a reproducible copy of all reports, original
drawings, estimates, field notes, and data. The OWNER will use these plans and data in connection with the project only as
a source of information as to construction. Any electronic copies provided to others by the OWNER will not contain the
ENGINEER's seal.
SECTION IX
SCHEDULE
The ENGINEER will perform engineering services for the PROJECT during the duration of the construction of the
TxDOT project. The scheduled project completion date is currently April 1, 2004. This date is subject to additional Contract
Time as adjusted by change order or otherwise approved by TxDOT. The ENGINEER will complete "record" drawings within
a month after receipt of construction information from TxDOT and the OWNER'S Resident Project Representative.
SECTION X
TERMINATION
Either party to this AGREEMENT may terminate the AGREEMENT by giving to other 30 days notice in writing, Upon
delivery of such notice by the CITY to the ENGINEER, the ENGINEER shall discontinue all services in connection with the
performance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders
or contracts are chargeable to this AGREEMENT. As soon as practicable 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 promptly that proportion of the prescribed charges which the services actually
performed under this AGREEMENT bear to the total services called for under this AGREEMENT less such payments on
account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and
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reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT IS TERMINATED,
but subject to the restrictions, as to their use, as set forth in Section VIII.
SECTION XI
LIABILITY
The ENGINEER agrees to defend, indemnify, and hold the OWNER whole and harmless against any and all claims
for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent
act, error or omission of ENGINEER, or an agent, servant, or employee of ENGINEER in the execution or performance of this
Contract, without regard to whether such persons are under the direction of OWNER agents or employees. The ENGINEER
agrees to carry an errors and omissions type of professional liability insurance policy and will furnish the CITY a certificate of
insurance if requested,
SECTION XII
SUCCESSORS AND ASSIGNMENTS
The OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to
any 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 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 constituted as
creating any personal liability on the part of any officer or agent of any public body that may be a party thereto.
SECTION XIII
SPECIAL CONDITIONS
Special conditions, under the AGREEMENT, are limited to those provisions contained in the written "Authorization of
Services", issued by the OWNER, under Section III, and accepted by the ENGINEER.
EXECUTED IN 3 counterparts (each of which is an original) on behalf of ENGINEER by its VICE PRESIDENT,
as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this
d. c¿ day of DL---t-D ~
,2002.
CITY OF NORTH RICHLAND HILLS, TEXAS
KNOWL TON-ENGLlSH-FLOWERS, INC.
By:
ATTEST:
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Aþ! W, ~
By:
City Attorney
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ATTACHMENT "A"
STANDARD RATE SCHEDULE
LABOR CATEGORY HOURL Y RATES
Principal $163
Project Manager $137
Project Engineer $126
Design Technician $85
CADD Technician $53
Clerical $53
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