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HomeMy WebLinkAboutResolution 2001-010 RESOLUTION NO. 2001-010 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 Agreement for Engineering Services with Knowlton, English & Flowers, Inc. for the Wastewater System Rehabilitation Project, Contract "B", as an act and deed of the City. PASSED AND APPROVED this the 22nd day of January, 2001. , , 'Ii 0,~~,:~,':"j~9:~:¥)!9~'i' 1////" ".. :'~~ ~.;'J.:JO QUQ ";: .:;:' /~ ~ ðo ~} u 0 ~ Ù 1>\ ATTE~1 f J~ ---~" ~,.£ ~,#',;p\ ~'"-,~ / /~ .". '(/" " (r) C!áÞ§:¡;Þ,,-~" · ' Patricia Hufson,CitySecretary TO LEGALlT~, : ~/_~",.,"'" ~ #C i/ø r" [1 I,· / j 'I i / I Ji..-vc¿U ": L"<-7 li,~ Charles Scoma, fV1ayor I / APPROVED AS TO CONTENT: Contract # 3-585 This AGREEMENT is made and entered into this CITY OF NORTH RICHLAND HILLS, TEXAS PUBLIC WORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES J tLvì U ð-J/ u day of I ë)à ,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 construction project administration of WASTEWATER SYSTEM REHABILITATION, CONTRACT "B", 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 The BASIC ENGINEERING SERVICES to be rendered by ENGINEER, include and are limited to the following: A. Review construction plans and specifications and recommend any revisions required to be incorporated in an Addendum prior to advertisement for bids, B, Prepare Addendum incorporating recommended revisions and extra work required by OWNER to be added to the construction contract documents, C, Assist the OWNER in the advertisement of the project for bids, Distribute plans and specifications, furnished by the OWNER, to prospective bidders from the office of the ENGINEER, and assist the OWNER with answering questions from prospective bidders regarding the PROJECT, D, Prepare agenda for pre-bid qualifications meeting and assist the OWNER with conducting the meeting, E, Assist the OWNER in collecting and reviewing of pre-bid qualifications document submittals from prospective bidders, and recommend contractors to be included in a list of pre-qualified bidders, which shall be released prior to receiving bids through another Addendum to be prepared by the ENGINEER F, Assist the OWNER in the opening and tabulation of bids for construction of the PROJECT and prepare recommendations to the OWNER as to the proper action on all proposals received, G, Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties, H, 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), I. 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, J, Review samples, catalog data, schedules, cut and fill calculations (cut sheets), 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, K, 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, L. 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, M, 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. N, Include all direct non-labor costs associated with Items A, through M, above, 0, Prepare a Scope of Work for this project, which is outlined in Attachment "A", 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 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. 2 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: BASIC ENGINEERING SERVICES Compensation for the Basic Services: Construction Administration of the PROJECT, shall be based on employee hours spent working on the PROJECT billed at the hourly rate paid to the employee (Attachment "B") times a "Multiplier" which compensates the ENGINEER for fringe benefits, overhead, and profit. Computer equipment use, postage, reproduction, and telephone use will not be charged separately, but will be covered by the "Multiplier", Subcontractor charges will only be paid for if previously approved by the City in writing, All other itemized direct non- labor and approved subcontractor expenses will be paid at cost plus 10%, The total compensation to the ENGINEER for the Basic Services will not exceed $41,101 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, 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 prior to advertisement for construction bidding 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 prepared by the ENGINEER 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 The contract completion schedule is based on the duration of the Construction contract. The ENGINEER shall provide construction project administration services as detailed herein in accordance with the OWNER's bidding schedule and the Contractor's construction schedule, 3 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, 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, 4 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 dú daY~M7'-' 2001, CITY OF NORTH RICHLAND HILLS KNOWL TON-ENGLISH-FLOWERS, INC, By: ¡Q tI/, !2tL. By: . . ATTEST: >-' , ~' Od6tt4tt ~L 'T¡> ATTEST: 4/ ?/&a/.hc ----- City 5 ATTACHMENT "A" WASTEWATER SYSTEM REHABILITATION, CONTRACT "B", PROJECT ADMINISTRATION SCOPE OF WORK A, Review construction plans and specifications and recommend any revisions required to be incorporated in an Addendum prior to advertisement for bids, Estimated review time of plans and specifications is 8 hours by Principal-in-Charge, Richard Albin, (RWA), and 8 Hours by Project Manager, Ed Newman, (TEN), B, Prepare Addendum incorporating recommended revisions and extra work required by OWNER to be added to the construction contract documents, 1, Notice to Bidders revisions a) Indicate that plans will be obtained from the offices of Knowlton-English-Flowers, Inc" Consulting Engineers, b) Indicate that a CD containing an electronic copy of the bid proposal and rehabilitation schedules, and video tapes of the TV inspections shall be obtained from the OWNER at the Service Center, 2, Add to the PROJECT the Mackey Creek Sanitary Sewer Line rehabilitation segment located between Steven Street and Mackey Street shown on Sheet No, 30 of the Contract "A" plans, Change pipe rehab method from "Pipe Burst" to the "Fold and Form Pipe Liner" method, Prepare supplemental plan sheet and proposal quantity revisions to be included in the Addendum, 3, Prepare other supplemental plan sheets and proposal quantity revisions as may be required after review and analysis of the plans and specifications included in item "A" above, Total estimated time for Task "B" is 16 hours by RWA, 8 hours by TEN, and 4 hours by Secretary, Karen Thurman, (KL T), C, Assist the OWNER in the advertisement of the project for bids, Distribute plans and specifications, furnished by the OWNER, to prospective bidders from the office of the ENGINEER, and assist the OWNER with answering questions from prospective bidders regarding the PROJECT. Total estimated time is 30 hours by RWA, 16 hours by TEN, and 4 hours by KL T, 0, Prepare agenda for pre-bid qualifications meeting and assist the OWNER with conducting the meeting, Total estimate time is 8 hours by RWA, and 2 hours by TEN, E, Assist the OWNER in collecting and reviewing of pre-bid qualifications document submittals from prospective bidders, and recommend contractors to be included in a list of pre-qualified bidders, which shall be released prior to receiving bids through another Addendum to be prepared by the ENGINEER. Total estimate time is 8 hours by RWA, 2 hours by TEN, and 2 hours by KL T, F, Assist the OWNER in the opening and tabulation of bids for construction of the PROJECT and prepare recommendations to the OWNER as to the proper action on all proposals received, Total estimate time is 8 hours by RWA, 2 hours by TEN and 4 hours by KL T, G, Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties, Total estimated time is 8 hours by RWA and 2 hours by KL T. H, 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 6 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), Total estimated time is 16 hours for RWA and 32 hours for TEN, I. 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, Total estimated time for this task is 16 hours by RWA, 10 hours by TEN, and 2 hours by KL T, J, Review samples, catalog data, schedules, cut and fill calculations (cut sheets), 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, Total estimate time for these tasks is 16 hours by RWA and 24 hours by TEN, K, 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, Total estimated time for this task is 24 hours by RWA, 12 hours by TEN and 12 hours by KL T, L. 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, Total estimated time for this task is 8 hours for RWA and 8 hours for TEN, M, Prepare as-built plans after 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, inspection reports, field notes, and data, Total estimated time for this task is 8 hours for RWA and 24 hours for TEN, 7 ATTACHMENT "8" WASTEWATER SYSTEM REHABILITATION, CONTRACT "B", PROJECT ADMINISTRATION HOURLY 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 17,00 to 21,30 Clerical 12.40 to 13,60 8 WASTEWATER SYSTEM REHASILlT ATION, CONTRACT "S" CONSTRUCTION PROJECT ADMINISTRATION SERVICES Knowlton-English-Flowers, Inc., Consulting Engineers ESTIMATED ENGINEERING SERVICES COSTS TASK RWA RWA TEN TEN KLT KLT TOTAL TOTAL NO. HOURS COST HOURS COST HOURS COST HOURS COST A 8 1,175,68 8 772,24 0 0,00 16 1,947,92 B 16 2,351,36 8 772,24 4 165,68 28 3,289,28 C 30 4,408,80 16 1,544.48 4 16568 50 6,118,96 0 8 1,175,68 2 193,06 0 0,00 10 1,368.74 E 8 1,175,68 2 193,06 2 82,84 12 1,451,58 F 8 1,175,68 2 193,06 4 165,68 14 1,534.42 G 8 1,175,68 ° 0,00 2 82,84 10 1,258,52 H 16 2,351,36 32 3,088,96 0 0,00 48 5,440,32 I 16 2,351,36 10 965,30 2 82,84 28 3,399,50 J 16 2,351,36 24 2,316,72 ° 0,00 40 4,668,08 K 24 3,527,04 12 1,158,36 12 497,04 48 5,182.44 L 8 1,175,68 8 772,24 0 0,00 16 1,947,92 M 8 1,175,68 24 2,316,72 0 0,00 32 3,492.40 174 $25,571,04 148 $14,286.44 30 $1,242,60 352 $41,100,08 RWA Rate = 146,96 Per Hour TEN Rate = 96,53 Per Hour KL T Rate = 41 .42 Per Hour Note: Billing rate based on current payroll rate x 3,34 multiplier 01/11/2001,9:49 PM WW Rehab Contract B Est Engineering Costs Revised,xls Page 1 of 1