HomeMy WebLinkAboutResolution 2000-007
RESOLUTION NO. 2000-07
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
Johnson Ground Storage Tank Rehabilitation and Repainting/2000, as an act and deed
of the City.
PASSED AND APPROVED this the 14th day of February, 2000.
(ü ",/~
Charles Scoma, M~yor
ATTEST:
) . /
L d //{J/( /(¡iLl.3,(/}'\.-
Patricia Hutson, City Secretary
APPROVED AS TO LEqALlTY: "'--c
~¡! )
. / I I ~
',. ' / L ./ L ~ !
Adorneý for ttle City ;'
/'
" L-:.....'>
APPROVED AS TO CONTENT:
Contract # 3-584
CITY OF NORTH RICHLAND HILLS, TEXAS
PUBLIC WORKS CONTRACT
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made and entered into this /</1 fL
day of
.>
/Î' b rUä r 'I
I
,2000,
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 JOHNSON GROUND STORAGE TANK REHABILITATION AND REPAINTING
/2000, 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. 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 investiqations and tests is not a part of the ENGINEER'S
Basic Services and will not be included unless specificallv authorized in writinq.)
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.
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,
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".
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.
2
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:
BASIC ENGINEERING SERVICES
Compensation for the Basic Services: Preliminary Design, Final Design and Construction Phases 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 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 $30,000 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 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.
3
SECTION IX
COMPLETION SCHEDULE AS OUTLINED ON ATTACHMENT "cn
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
/f//¿
day of
FfhrU¿1v '1
I
,2000.
CITY OF NORTH RICHLAND HILLS
KNOWL TON-ENGLISH-FLOWERS, INC.
~~~ tiu~rP
ATTEST:
BY~ I: ~
By:
(~~iß¿¿'Z/(lt( Ick0~~
ATTEST: ~ _ .
¡?W. ~
)/J C '
AS TO FORM:
5
ATTACHMENT "A"
SCOPE OF WORK
1. Coordination of inspection of the tank.
2. Recommendation of type of repainting and repair work required.
3. Recommendation of automatic cathodic protection system required to prevent corrosion on the interior submerged
surfaces of the water tank.
4. Preparation of specifications and contract documents for advertising for bids.
5. Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for the proposed tank repainting and
rehabilitation 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 construction budget of $370,000 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.
6. 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"
as may be required); 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, lab reports, and cut sheets as required; and for making periodic visits to
the project site throughout the construction period.
6
ATTACHMENT "B"
HOURLY RATES PAID TO EMPLOYEES
EMPLOYEE CLASSIFICATION
RANGE OF RATES
Principal
(Richard Albin, P.E., R.P.L.S.)
38.00 to 39.90
Design Engineer
(Phil Philipp, P.E.)
32.10 to 33.71
Design Technician
(Jack Shawhan, CET.)
24.00 to 25.20
CADD Technician
(Joel Hays)
20.70 to 21.74
Clerical
(Linda Davidson)
13.20 to 13.86
7
ATTACHMENT "C"
COMPLETION SCHEDULE
TASK
DATE OF COMPLETION
1 . Award Engineering Services Contract February 14, 2000
2. Design Surveys and Tank Inspection March 6, 2000
3. Inspection Report and Recommendations March 20, 2000
4. 50% Complete Plans and Specifications April 3, 2000
5. 90% Complete Plans and Specifications April 17, 2000
7. 100% Complete Construction Plans May 1, 2000
8. Advertise for Bids When Directed by OWNER
after Completion of Plans
8