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HomeMy WebLinkAboutResolution 2001-005 RESOLUTION NO. 2001-05 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1, The City Manager be, and is hereby authorized to execute the attached Agreement for Engineering Services with Knowlton, English & Flowers, Inc. for the Glenann Drive Drainage Improvements, as an act and deed of the City. ATTEST: PASSED AND APP~Ç>VED this the 8th day of January, 2001. ."" '.Í'tl~' <c. "'i// ..' )., Q1".\,...J I,. ,~~y~"..,..... ~'// ':8""'n" .....,~'~-:: ~,:" .....ú'\ ;~]! r iñf '.T', h ..,./~.} -:v;;<'" " C;.;;- .~o ". ., ...;...... ~.... .......;::-.... '.~. ····_L··· " ':'1'11/ .. \,\", ~,~!McJ J,l"~"¡~/ LA-I.. ., /1 ¿)r:~ Charles Scoma, ,ayor Patricia Hutson, City Secreta~ Alicia Rich~~dson, Assista t Clty Secretary APP~~VÊDp; TO LEG1IT~/~--._- /11 c/ ,"-, .j " /"--jL .. IL"" Attofney for the City ( ( APPROVED AS TO CONTENT: .,( ,"/i \.,L(j{'/¿ / , Dic~ens, Public Works Director ,I ( I . 'jt" Gregory / Contract # 3-382A CITY OF NORTH RICHLAND HILLS, TEXAS PUBLIC WORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES (c\o)fPY This AGREEMENT is made and entered into this \0 day of J JI\U ~ ,2001, 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 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 Glenann Drive Drainage Improvements from the Glenann/Sherri Intersection to the Walker Branch Channel, 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 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 1, 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 shall be part of the ENGINEER'S Special Services,) 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. 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, H. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties, L 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, shop drawings, laboratory, shop and mill tests of material and 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, 2 SECTION "' 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 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 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 II above, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth 1, BASIC ENGINEERING SERVICES Compensation for the Basic Services: Preliminary Design, Final Design and Construction Phases of the PROJECT, shall be based on estimated employee hours spent working on the project (Attachment "B") billed at the hourly rate paid to the employee (Attachment "C") times a "Multiplier" which compensates the ENGINEER for fringe benefits, overhead, and profit as well as itemized direct non-labor and sub-contract expenses at a cost plus 1 0%, The total compensation to the ENGINEER for the Basic Services will not exceed $20,815 without additional negotiation and authorization, The "Multiplier" for this Contract shall be 3,34, Payment to the ENGINEER shall be due in monthly installments made upon receipt of an invoice from the ENGINEER outlining the amount of hours worked by each employee, the employee's hourly rate, the Multiplier, and the total amount charged for each employee, 2, SPECIAL ENGINEERING SERVICES A, Compensation for the Design Surveys shall be at the amount billed to the ENGINEER plus 10%, The total compensation for Design Surveys shall not exceed $4,000 without additional negotiation and authorization, B, Compensation for Special Services for the preparation of ROWand/or Easement documents shall be at the rate of $1,000 per Parcel and shall be limited to a total of $2,000 based on an estimate of 2 Parcels without additional negotiation and authorization, C, Compensation for Special Services for furnishing layout and grade control Surveying shall not exceed $2,000 without additional negotiation and authorization, 0, Compensation for Special Services for the preparation of subsurface geotechnical investigations shall not exceed $7,000 without additional negotiation and authorization, 3 3, TOTAL COMPENSATION Total compensation to the ENGINEER shall include the sum of Item 1, "Basic Engineering Services", ($20,815), Item 2,A, "Design Surveys", ($4,000), Item 2,B, "ROWand Easement Documents", ($2,000), Item 2C, "Layout Surveying", ($2,000), and Item 2,0, "Geotechnical Investigations", ($7,000), for a total amount not to exceed $35,815 without additional negotiation and authorization, 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 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, 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 given out by the OWNER will not contain the ENGINEER's seal. SECTION IX COMPLETION SCHEDULE AS OUTLINED ON ATTACHMENT "0" 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 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, 4 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, 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 3 counterparts (each of which is an original) on behalf of ENGINEER by its PRESIDENT, as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this I () day of J L.II\ ~ , 2001, CITY OF NORTH RICHLAND HILLS KNOWL TON-ENGliSH-FLOWERS, INC, By " .'\.(,rLAA;':://-;,/ A ~ ".."..,.', V .Å_ // ,~:v"" "":~/Íá.." 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'.'1/111,11/11'"1\\\'\'\ , Pw.~_, ~ J l/~'p' / ATTEST ?.ee~. 5 ATTACHMENT "A" GLENANN DRAINAGE IMPROVEMENTS SCOPE OF WORK 1, Perform field surveys on Sherri Lane and Glenann Drive including the alignment of a proposed off-site storm drain between houses from Sherri Lane to the Walker Branch channel (See enclosed sketch showing the proposed preliminary drainage improvements labeled "Alternate 1 "), 2 Perform a detailed drainage analysis of that portion of the Glenann Addition area which is affected by runoff associated with the existing flooding problem at Glenann Drive and Sherr; Lane, and determine the size of all on- site and off-site storm drainage facilities, which are required to mitigate the flooding in accordance with current City of North Richland Hills Storm Drainage Design Criteria, or as otherwise directed by the OWNER 3 Perform a geotechnical investigation of the site to determine the condition of the subsurface soils between the houses along the alignment of the proposed off-site storm drain, and determine any special sheeting or shoring work necessary, or construction of "soldier piers" or any other improvements required to protect the foundations of the existing homes from settlement or damage resulting from the storm drain construction 4, Prepare plans and specifications for construction of the proposed drainage improvements along with any pavement replacement required in Glenann Drive, Sherry Lane and Randy Drive, including underground storm drains and inlets, driveways, sidewalks, side street pavement transitions, valley gutters, fence replacements, sheeting and shoring work, soldier piers, and any necessary utility adjustments, 5 Perform property surveys, courthouse research, and prepare ROWand/or Easement documents for the off-site storm drain facilities noted above, 6, Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for all paving, drainage, and utility adjustment 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 "Value Engineered" reduced scope of construction as required for construction costs to stay within the available funds for the project, or as directed by the OWNER 7 Perform construction project administration functions for this project, as outlined in Section" 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 and lab reports as required; and for making periodic visits to the project site throughout the construction period, 8, Prepare as-built plans after construction of the project is complete and furnish three sets of as-built bluelines to the OWNER along with one set of labeled aperture cards of as-built plan sheets, and a CD-ROM containing a reproducible copy of all reports, original drawings, estimates, field notes, and data, 6 (/) I- (/)(/) 1-0 zU wc) :2:z W- > a::: OW a:::W a..~ a:I:2:C) -z I-WW zC)o W<tz :2:z<t I«(/) ua:::a::: <to:::> I-wO I->I <t_, a:::z Oct z:2: Zo <tW Zl- Wet t5~ l- (/) W ...JI- <t(/) 1-0 °u I- W~ Z ( Oõ a::: ( C) a::: II) W ... z~ o ( o i:: a.. ::J (/)(/) :2: <t W I- Z C)z -W æl- o U; W ~ :2: ~ ¡::: ::J (/) 0 WI c:: o ::s:: 'Z (/)0. <t .¡: I- ~ ( o ::s:: (/) 0 <tz I- 000 000 000 000 o '<:t 0 '<:tNr-- ff} 00000000000000 00000000000000 OOOOOOLDLDLDLDOOOLD OOCOr--COLDr--r--r--r--OLDCOm NCOmOr--r--r--r--r--OLD m 00 00 00 ff} Nr-r- 000 000 000 00 '<:tON NN'<:t 000000000000000000 000000000000000000 000000000000000000 o o r-- 000000000000000000 000000000000000000 000000000000000000 o 0 o 0 '<:t N ff} I- ...J ::s:: 00000000000000000 00000000000000000 OOOOOOOOOOOOOOOOLD ff} m m 0000 0000 0000 ff} 0 <t ~ a::: 00000 00000 00000 ff} 0 '<:t N 00000000000 00000000000 OOOOOLDLDLDLDOO ocomoc.or--r--r--r-- LD NLDçr)N r--r--r--r-- LD 00 00 00 o o N 000 000 000 N 00000 00000 00000 o LD N 000000000000 000000000000 000000000000 ococom CO çr) LD CO LD 000 000 000 o 0 '<:t LD N Oc.oOr-NCOCOCOc.oCOCOCOCOOc.oCO'<:tc.oc.oO çr) '<:t N N '<:t iij U '0 ~ Co..E CU Q) 2..c CU U CU Q) (/) Uã) 4:~ ~~~§g,o ,~ õ Q) ~ C Ë Q)Q):¡::;g~.8 O::l9I---.JO(/) (f) ~Q) '0 (f) -2 6 (/)..c Q) C O)Q) cu Q) ,~ z CU Q) o~ è-6 CU ::J C ~ E(/) Q) 0)"- co.. ~ Q) > "- ::J (/) '0 C CU 0.. 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(f) (f).:L ~Q) cu Q) os r- o çr) CO 0 çr) (/) --.J « I- a I- II II Q) ~,~ CUI- o C -;:: 0) o (f) sc3 '0 '0 2 Q) cum E E ~~ ww cu2 Õ 0 1-1- ATTACHMENT "C" GLENANN DRAINAGE IMPROVEMENTS HOURL Y RATES PAID TO EMPLOYEES EMPLOYEE CLASSIFICATION RANGE OF RATES Principal 44,00 to 46,20 Design Engineer 35,00 to 37.40 Design Technician 20,00 to 28,90 Engineer-In- Training 17.20 to 20,00 CADD Technician 1700 to 21,30 Clerical 12.40 to 13,60 8 ATTACHMENT "0" GLENANN DRAINAGE IMRPOVEMENTS COMPLETION SCHEDULE TASK DATE OF COMPLETION 1, Award Engineering Services Contract January 8, 2001 2, Design Surveys January 15, 2001 3, Drainage Analysis January 22, 2001 4, Geotechnical Analysis February 1, 2001 5, 50% Complete Construction Plans February 12, 2001 6, Drainage Easement Documents February 26,2001 7, 90% Complete Construction Plans March 1, 2001 8, 100% Complete Construction Plans March 12, 2001 9, Advertise for Bids When Directed by OWNER after Completion of Plans 9