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HomeMy WebLinkAboutResolution 2002-031 RESOLUTION NO. 2002-031 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 Agreement for Engineering Services with Binkley & Barfield, Inc. for Rufe Snow Drive (Glenview Drive to Karen Drive), as an act and deed of the City. PASSED AND APPROVED this the 22nd day of April, 2002. C~~J,~~?~~~_ Charles Scoma, Mayo ~.. ., '.,' '-',il"..,·, <i.\~,.'::"\\'P.;"~<:;;.\, "" {;~~\\ ""<;: .. (~' .;\ f1i'I " " \ \:;¡~ l1U \ ~ \ - APPROVED AS TO CONTENT: "If l ': .. 1, /' .. I _ It ,( j,~~ v' t.)' Mike Curtis, P.E., Public Works Director ~(Q)[FY Contract # CITY OF NORTH RICH LAND HILLS, TEXAS PUBLIC WORKS CONTRACT AGREEMENT fOR ENGINEERING SERVICES Jð.- day of A- ç '<I , This AGREEMENT is made and entered into this ,2002, by and between THE CITY OF NORTH RICHLAND HillS, hereinafter called the OWNER, and BINKLEY & BARFIELD, INC, a corporation hereinafter called the ENGINEER. RECITALS This AGREEMENT is applicable to the furnishing of Basic and Special Engineering Services by the ENGINEER to the OWNER for the design and construction of Rufe Snow Drive, hereinafter called the PROJECT. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to furnish the Basic and Special Engineering Services in connection with the PROJECT as stated in Section" 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 1. The BASIC ENGINEERING SERVICES to be rendered by ENGINEER, include and are limited to the following: A~~'( 6\1e-P " \- I ð..} r ,. a. ~vJ aôM- òÇo 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 Basic 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 suPportin9 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. 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 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. ø City Secretary Office ~ Official Record Copy H. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. I. 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 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). J. 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. K. 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. l. 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. M. 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. N. Revise contract drawings, with the assistance of the Resident Project Representative to reflect available information as to how the work was constructed. Furnish a set of prints of these revised drawings to the OWNER. O. Include all direct non-labor costs associated with Items A. through N. above. P. Prepare a Scope of Work for this project, which is outlined in Attachment "A". 2. 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. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the ENGINEER under this agreement until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon E!xecution by the OWNER and the ENGINEER, and shall remain in force until terminated under the provisions hereinafter provided in Section X. 2 ø City Secretary Office ~ Official Record Copy SECTION V COORDINATION WITH THE OWNER The ENGINEER shall hold periodic conferences with the OWNER, 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 ENGINEERS' COMPENSATION For and in consideration of the Basic and Special Engineering Services to be rendered by the ENGINEER, as cited in Section" above, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth: 1. 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: Design Phase Traffic Control Plans Construction Phase Bid Phase Expenses Total $100,000 15,000 12,000 2,000 _ 5,000 $134,000 completed. Payment to the ENGINEER shall be due in monthly installments based on the percentage of services 2. SPECIAL ENGINEERING SERVICES Right-of-way exhibits would be paid on a per each basis with six exhibits budgeted. schedule: Compensation for the Design SurvE'y and Control Survey shall be based on a lump sum basis on the following Design Survey $27,000 Control Survey 4,000 ROW Exh. @ $1000 ea. _ 6,000 Total $37,000 3. TOTAL COMPENSATION $171,000 The compensation for engineering services stated does not include sales tax. If the State of Texas imposes a sales tax on engineering services durin~ 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. 4. Fees for any additional services will be agreed upon by both parties prior to executing any additional services. Additional services can be either by a lump sum fee basis or by an hourly rate fee based on the following schedule: 3 ø City Secretary Office ~ Official Record Copy Description of Service Principal I R. P. L. S. Project Manager I R.P.L.S. Survey Technician I R.P.L.S. Survey Technician I SIT Two Man Field Crew wI Equipment Three Man Field Crew wI Equipment Four Man Crew wI Equipment One Man Field Crew wI RTK-GPS Equipment Two Man Field Crew wI RTK-GPS Equipment Description of Service Principal Engineer Senior Engineer Project Engineer Graduate Engineer Clerical Surveying Services Hourly Fee Schedule Hourly Rate $100.00 $ 75.00 $ 57.00 $ 53.00 $ 90.00 $110.00 $125.00 $100.00 $125.00 Engineering Services Hourly Fee Schedule Hourly Rate $125.00 $ 90.00 $ 80.00 $ 65.00 $ 45.00 4 ø City Secretary Office ~ Official Record Copy SECTION VII REVISION OF PEPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and redrafting 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 BasIc 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 which shall be considered as Special Services. 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 Owner regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed The OWNER shall be furnished with three sets of as-built bluelines, one set of labeled aperture cards of as-built plan sheets, and a CD-ROM containing a reproducible copy of all reports, 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 given out by the OWNER will not contain the ENGINEER's seal. SECTION IX COMPLETION SCHEDULE AS OUTLINED ON ATTACHMENT "B" SECTION X TERMINATION Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days notice in writing. Upon delivery of such notice by the OWNER 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 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 City 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 City agents or employees. The ENGINEER agrees to carry an errors and omissions type of professional liability insurance policy and will furnish the OWNER 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 which may be a party thereto. 5 ~ City ~ecretary Office ~ Official Record Copy SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter; the conditions shall become part of the AGREEMENT: Other provisions contained in the written "Authorization of Services", issued by the OWNER, under Section III, and accepted by the ENGINEER, shall become part of the AGREEMENT. EXECUTED IN three counterparts (each of which is an original) on behalf of ENGINEER by its OFFICER, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this A~'(l I a3 , day of, 2002. CITY OF NORTH RICH LAND HILLS BINKLEY & BARFIELD, INC. ?~$ Ice President By: By: ATTEST: /') ';',1 . Qt(lû L lvv1'tj;~l-~ (/ 6 a City Secretary Office ~ Official Record Copy ATTACHMENT "A" SCOPE OF WORK The project consists of the reconstruction of Rufe Snow Drive from Glenview Drive to Karen Drive, a total of 4800 feet, in North Richland Hills The project would include the determination of street section and would be 8" concrete curbed road section with a 6" lime stabilized base. The project would include the replacement of existing driveways, sidewalks, and storm sewer inlets The project would include a brief periodical newsletter for the residents adjacent to the project. The existing storm sewer systems will be evaluated against the current drainage design criteria currently adopted by the City. Offsite drainage improvements would be considered outside the scope of this project. A construction traffic control plan for the project will be prepared. The design surveys would cover the Project ROW including 100 feet of connecting intersections Control staking would be limited to setting the horizontal alignment every 500' plus all PC's and P T 's of curves and the establishment of 2 benchmarks for each street. Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for all paving, drainage, and water line 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 exceed 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 functions for this project, as outlined in Section II of the AGREEMENT, 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"); for preparing monthly letters of recommendation of Contractor requests for partial payments; for answering questions regarding interpretation of the plans and contract documents which might arise during construction; for reviewing shop drawings, cut sheets, and lab reports as required; and for making periodic visits to the project site throughout the construction period. 7 ø City Secretary Office ~Official Record Copy TASK 1. DESIGN SURVEYS 2. DESIGN PHASE 3. BID PHASE 4 CONSTRUCTION PHASE ATTACHMENT "B" COMPLETION SCHEDULE ESTIMATED TIME 2 MONTHS 7 MONTHS 2 MONTHS 12 MONTHS 8 a City Secretary Office ~ Official Record Copy