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HomeMy WebLinkAboutResolution 1999-095 RESOLUTION NO. 99-95 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 contract for engineering services with Elliott & Hughes, Inc. for design of the Big Fossil Creek Erosion Control Improvements, Phase II for the portions of the west bank between Broadway Avenue and Onyx Drive South/Bewley Street, as an act and deed of the City. PASSED AND APPROVED this the 13th day of December, 1999. APPROVED: ( J 1/' /' I /? . ! ti -- ¡ c. '. ,. -/" . . _ ... ,. f-n . Charles Scoma} Mayor ATTEST: ,J, /) I } I /h ((( ,,( '- I '. {( l( ~t{ì "- Patricia Hutson, City Secretary AP~~~D AS TO / RM tND LEGALI.~~~____._..___ ,I ./! "7tc( - /Kl:'--_/>«' ¡I/ ..../ / . ' / /-., , . / -" -" [, .'.""- ex McEntire, Attorney for the City APPROVED AS TO CONTENT: 'Gregor,:ý' This AGREEMENT is made and entered into this Contract # CITY OF NORTH RICH LAND HILLS, TEXAS PUBLIC \VORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES \~+-~ day of tx- Ufiý\ bcX2.. . 1999, by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and ELUOTT AND HUGHES. INc. a Texas corporation hereinafter called the ENGINEER. RECITALS This AGREEtvtENT is applicable to the funùshing of Basic and Special Engineering Services by the ENGINEER to the OWNER for the design and constmction of BIG FOSSIL CREEK EROSION CONTROL HvlPROVEMENTS, PHASE II, which will include portions of the west bank between Broadway Drive and Onyx Drive SouthlBewely Drive, hereinafter called the PROJECT CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to fumish the Basic and Special Engineering Services in cOilllection with the PROJECT as stated in Section II following, and for having rendered such sef\ices the OWNER agrees to pay to the ENGINEER compensation as stated in Section VI follO\Ùng. 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 is not a part of the ENGINEER'S Basic Sef\ices and will not be included unless specifically authorized in writing.) B. Fumish to the OWNER, where required by the circumstances of the assignment, the engineering data necessary for applications for routine pennits 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 Sef\ices). C. Develop the project design combining the application of sound engineering principles and economy which shall be manifested by completed Constmction Contract Documents, (Plans, Specifications, etc.) and assist OWNER \\ith submittal of such Documents to local, state and federal agencies for approval as may be applicable. D. Prepare detailed cost estimates identifiable \\ith the proposals of authorized constmction, 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. Fumish to the OWNER all necessary copies of approved Constmction Contract Documents (plans, specifications, notice to bidders, proposals, etc.). All sets of Constmction 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 OWN'ER as 1 to the proper action on all proposals receivcd. H. Assist in thc preparation of fonnal Contract Documents and in coordinating thcir execution by the respective parties. I. Reprcsent the OWNER in the Non-Resident administration of the projcct. In tlils capacity, the ENGINEER shall have the authority to exercise whatever rights the OWNER may have to disapprove work and materials that fail to confonn 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 Ì11\'olve 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 teclmiques 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 perfonn 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 infoffilation given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. L Prepare or review montWy 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 infonnation as to how the ,"vork ,"vas constructed. Furnish a set of prints of these re\ised 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 thc ENGINEER. include and arc 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 rcsearch and furnish property descriptions and/or pennit applications for the purpose of casement. right-of-way and/or pennit 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. D. Perfoml Geotechnical Investigations as outlined in ITEM NO.4 of ATTACHMENT "A". E. Perfonn Environmental Investigations and provide pennitting and regulatory assistance in obtaining approvals from the U. S. Anny Corps of Engineers for construction of the project as outlined in ITEM NOS. I AND 11 OF ATTACHMENT "A". 2 SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the ENGINEER under this agreement until he has received \\Titten 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 tenninated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The ENGINEER shall hold periodic conferences \\ith the OWNER, or its representatives, to the end that the project, as perfected, sh3ll 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 tlùs 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 lùs possession relative to existing facilities and to the project. SECTION VI THE ENGINEER'S 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 sh311 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 employee hours spent working on the project billed at the hourly rate paid to the employee (Attaclunent "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 10%. The total compensation to the ENGINEER for the Basic Services \\ill not exceed S43,000.00 without additional negotiation and authorization. Charges for FEMA to review the LOMR for this project ~ill be paid directly to FEMA by the CITY and are not a part of the Basic Services fee. The "Multiplier" for this Contract shall be 2.96. Payment to the ENGINEER shall be due in montWy installments made upon receipt of 3n 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, including establislùng Horizontal Control points and Elevation Benclunarks for use by the contmctor during construction, shall be at the amount billed to the ENGINEER plus 10%. The total compensation for Design Surveys shall not exceed $12,980.00 without additional negotiation and authorization. B. Compensation for Special Services for the preparation of ROWand/or Easement documents, including title research, shall be limited to a total of S 11,000.00 based on an estimate of EIGHT (8) Parcels ~ithout additional negotiation and authorization. Charges shall be the amount billed to the ENGINEER plus 10%. C. Compensation for Special Services for the Geotechnical Investigations (phase I and Phase II) to determine subsurface conditions in the area of the project, including borings and laboratory analyses, shall be at the 3 amount billed to the ENGINEER plus 10%. The total compensation for Geotechnical Investigations shall not exceed 516,500.00 without additional negotiation and authorization. D. Compensation for Special SerYices for the environmental investigations and pemùt preparation and subnùssion, shall be at the amount billed to the ENGINEER plus 10%. The total compensation for Environmental Investigations shall not exceed 57,260.00 v\ithout additional negotiation and authorization 3. TOT AL COl'vIPENSA TION Total compensation to the ENGINEER shall include the sum of Item 1, "Basic Engineering SerYices", (S-U,O(JO.OO). Item 2.A, "Design Surveys", ($12.980.00), Item 2.B, "ROWand Easement Documents", ($11.000.00),). Item 2.C, "Geotechnical Investigations". (S16,500.00), and Item 2.D. "EnYironmental Investigations and Pernùts". ($7.260.00). for a total amount not to exceed $90,7~0.00 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. Ù1en Ù1e 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 reYision and redrafting of reports. plans, specifications and other documents during the fOflllative 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 SerYices; however after a definite plan has been approved by the OWNER if a decision is subsequently made by the OWNER wlùch, 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 vvithin his control, the ENGINEER shall be compensated for such extra expense which shall be considered as Special Services. SECTION VIII OWNERSffiP OF DOCUìvŒNTS 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 blue lines, 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 infonnation as to construction. Any electronic copies given out by the OWNER will not contain the ENGINEER'!; seaL SECTION IX COMPLETION SCHEDULE AS OUTLINED ON A IT ACHMENT "C" SECTION X TERMfNA TION Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days notice in vvriting. Upon delivery of such notice by Ù1e OWNER to Ù1e ENGINEER, the ENGINEER shall discontinue all services in COlmection with the perfonnance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to tlùs AGREEMENT. A5 soon as practicable after receipt of notice of termination, the ENGINEER shall submit a statement, shmving in detail the services performed under this AGREEMENT to the date of termination. The OWNER shall then pay the ENGINEER promptly Ù1at proportion of Ù1e 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 TERMTNATED, but subject to the restrictions, as to their use, as set forth 4 in Scction VIII. SECTION Xl LIABILITY The ENGINEER agrees to defend, indemnify, and hold City whole and hannless 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 perfonnance of tlùs Contract without regard to whether such persons are under the direction of City agents or cmployees. The ENGINEER agrees to carry an errors and omissions type of profcssional liability insur,mce poli(;y and will furnish the OWNER a certificate of insurance if requested. SECTION XII SUCCESSORS AND ASSIGNJ'v1ENTS Thc OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to any other party of this AGREEJ'v1ENT and to the successors, executors, adnù¡ùstrators, and assigns of such other party, in respect to all covenants of this AGREEN1ENT. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or tmnsfer lùs interest in this AGREEN1ENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on tilC part of any officer or agent of any public body which may be a party thereto. SECTION XlII SPECIAL CONDITIONS Special conditions, under the AGREEJ'v1ENT, 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 AGREEN1ENT. EXECUTED IN three 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) tlùs 13~ day of ~ÚßV\b~ , 1999. CITY OF NORTH RICHLAND HILLS E~Ll TT AND HUGHES, INC ~/ /,/ .... '1 / " . By: ~tZ,¿I:J á t£¿ WALTER A ELLIOTT, JR., P.E. ATIEs~~LJðŒ DA c. HUGHES, JR, . · Secretary-Treasurer " , ! ',. I· 5 ATTACHMENT "A" SCOPE OF WORK 1. Perform field investigations for wetland delineations within the project limits according to the U. S. Army Corps of Engineers procedures and guidance. Prepare and submit a draft and final report of the delineations. The report will include a description of the delineation approach and methodology, field data on Corps delineation forms, photographs, and conclusions. 2. Prepare forms for submission to affected property owners in the project area to secure permission for access to private property for the purpose of performing field topographic and boundary surveys, and to obtain subsurface soil samples by boring. Furnish the OWNER (City) with signed copies of the completed forms. 3. Perform field topographic surveys of the project area, including channel cross-sections outside the limits of the project as needed for hydraulic studies. Horizontal and vertical information will be based on the City of North Richland Hills datum. Information will also be obtained on the channel in the area of the existing reinforced concrete protected slopes to determine the extent, if any, of scour or erosion at the base of the existing footing. Location of existing public and franchised public utilities will also be determined. 4. Perform geotechnical investigations to evaluate subsurface conditions and slope stability within the limits of the project. The investigations will be performed in two (2) phases. Phase I will evaluate subsurface conditions along the western bank of Big Fossil Creek with approximately five (5) sample borings to depths ranging from 30 feet to 60 feet. Information obtained will be used to provide recommendations for acceptable construction procedures, and to define slope stability factors for the proposed improvements. Phase II will be implemented after a construction contract is awarded and access to the channel area obtained. This phase will include up to three (3) additional sample borings along the toe of the slope of the proposed improvements to verify that data obtained during Phase I are applicable to the foundation conditions at the toe of the slope protection improvements. 5. Perform hydraulic analyses of Big Fossil Creek in the area of the project to determine water surface elevations and velocities in the channel, under current conditions and following completion of the proposed slope protection improvements. Current FIRM hydrology will be used in the hydraulic model. The analyses will consider the possibility of future improvements to the existing structures at Onyx Drive (Bewley Street) and Broadway Drive. 6. Investigate alternate methods of slope and erosion protection for the channel banks, including reinforced concrete, rock filled gabion baskets, earthen slopes, etc. Prepare a brief report to the OWNER with a recommendation for the selected alternative(s). 7. Advise the OWNER of the need for adjustments/relocation of existing public utilities within the limits of the project, and prepare preliminary designs and preliminary construction plans as directed. Advise the OWNER of the need to adjust/relocate existing franchised utility improvements and provide necessary information to the affected companies to insure facilities do not conflict with the proposed bank stabilization/erosion protection improvements. 8. Prepare preliminary designs and preliminary construction plans for the improvements, based on the alternate(s) selected in Item NO.6. above, for review by the OWNER. Prepare preliminary "Opinion of Probable Construction Cost" based on the preliminary plans. 9. Prepare boundary surveys, legal descriptions and plats for easements and lor other rights-of-way that will be acquired from affected property owners to permit construction, operation and maintenance of the completed improvements. 10. Prepare final designs, construction plans, specifications, and bid documents for the improvements approved by the OWNER. 11. Provide permitting and regulatory assistance in obtaining approvals from the U. S. Army Corps of Engineers under Section 404/Section 10, as required. 12. Upon completion of the construction of the improvements, prepare necessary documentation for submission to the Federal Emergency Management Agency (FEMA) requesting a Letter of Map Revision (LOMR) to the effective 6 "Flood Insurance Rate Map" for this segment of Big Fossil Creek. Assist the OWNER in processing of the application, and providing additional supporting documents as may be required by regulatory agencies. 13. Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for all construction work proposed under the project, based on current estimated unit prices which are representative of similar types of construction in the North Richland Hills area. In the event the ENGINEER's Estimate of construction costs exceeds the established budgets for this project, then the ENGINEER shall prepare an Altemate 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. 14. 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 ATTACHMENT "B" HOURLY RATES PAID TO EMPLOYEES EMPLOYEE CLASSIFICATION RANGE OF RATES Principal-Expert Witness Testimony $85.00 (No multiplier) $125.00 (No multiplier) Principal-Project Manager Engineer $18.00 - $22.00 $15.00 - $18.00 Technician Engineer-In- Training N/A CADO Technician $15.00 - $18.00 Secretarial/Word Processing $8.00 - $11.50 8 ATTACHMENT "C" COMPLETION SCHEDULE TASK DATE OF COMPLETION 1. Award Engineering Services Contract December 13, 1999 2. Wetlands Delineation and Report February 4, 2000 3. Topographic Surveys (Dependent on weather) February 4, 2000" 4. Phase I Geotechnical Report February 18, 2000" 5. Presentation of Alternatives March 10, 2000 6. 50% Complete Construction Plans (Preliminary) April 14, 2000 7. 90% Complete Construction Plans May 26,2000 8. Easement Documents. June 9, 2000 9. Submit Request for Approval to USACE (404/10) June 16, 2000 10. 100% Complete Construction Plans July 7, 2000 11. Advertise for Bids When Directed by OWNER after Completion of Plans 12. Request for LOMR from FEMA Upon completion of construction " - Assumes timely receipt of "Permission Letters" from affected property owners 9 ELLIOTT AND HUGHES, INC. ENGI NEERS/PLAN NERS Elliott and Hughes, Inc. was established under the laws of the State of Texas as a professional corporation in 1974. Prior to incorporation, the company operated under the name of Elliott Engineering Company, which was formed in 1964. The two principals and sole stock holders in the corporation are Walter A. Elliott, Jr., P.E. who serves as President; and David C. Hughes, Jr., P.E. who serves as Secretary-Treasurer. The firm has maintained its office in Euless since incorporation. With respect to the principal engineers, Mr. Elliott received his Bachelor of Science degree in Civil Engineering from Texas A & M University in 1955, and was registered as a professional engineer in the State of Texas, with a specialty in civil engineering in 1959, and as a Registered Public Land Surveyor, Texas, in 1982. His combined total experience, both with Elliott and Hughes and other firms, totals forty-four (44) years. Mr. Hughes received a Bachelor of Science degree from Texas Tech University in 1964, was registered as a professional engineer in the State of Texas with a civil engineering specialty in 1971. His combined experience, both with Elliott and Hughes and other firms, totals thirty-five (35) years. One of the above principals serves as the project engineer and responsible party on any project for which Elliott and Hughes has been commissioned to provide engineering services. The firm has, since its inception, been heavily involved in the development of site grading and paving plans for various residential, commercial, institutional, and industrial projects; flood and drainage studies; and design and construction plan preparation for public water, sanitary sewer, street paving, storm sewer and storm water management facilities. We have provided professional civil engineering services directly for the Cities of Hurst, Euless, Bedford and Arlington; and have performed work for governmental, quasi-governmental and private entities in all of the above cities in addition to the Cities of Grapevine, Colleyville, Haltom City, North Richland Hills, Keller, Grand Prairie, and Irving.