HomeMy WebLinkAboutResolution 1999-091
RESOLUTION NO. 99-91
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 Binkley & Barfield, Inc. for design of the Miscellaneous
2000 Paving Improvements Project in an amount of $74,000 as an act and deed of the
City.
PASSED AND APPROVED this the 22nd day of November, 1999.
APPROVED:
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Charles Scoma,/Mayor
ATTEST:
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Patricia Hutson, City Secretary
APPROVED JS TO FORM AND LEGALITY:
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Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
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Contract #
CITY OF NORTH RICHLAND HILLS, TEXAS
PUBLIC WORKS CONTRACT
AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is made and entered into this
dJ--
day of
IJIJ~llmbIY
, 1999,
by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and BINKLEY & BARFIELD,
INC., a corporation hereinafter called the ENGINEER.
RECIT ALS
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 Grove Street, Laura Street, and Riviera 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 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 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 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 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
2
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: Design and Construction Phases of the PROJECT, shall be based
on a lump sum basis. The following schedule:
Design Phase
Construction Phase
Bid Phase
Expenses
Total
$46,000
8,000
2,000
2,000
$58,000
Payment to the ENGINEER shall be due in monthly installments based on the percentage of services
completed.
2. SPECIAL ENGINEERING SERVICES
Compensation for the Design Survey and Control Survey shall be based on a lump sum basis on the
following schedule:
Design Survey
Control Survey
Total
$12,000
4,000
$16,000
3.
TOTAL COMPENSATION
$74,000
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.
3
SECTION VII
REVISION OF REPORTS, 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
TERMINA TION
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.
4
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 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
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CITY OF NORTH RICHLAND HILLS
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Vice President
ATTEST:
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5
ATTACHMENT "A"
SCOPE OF WORK
The project consists of the reconstruction of three streets in North Richland Hills and are described as
follows:
Street
Location
Length
Grove Street
Laura Street
Riviera Drive
Lazy Lane to Culdesac
Ash Street to Colorado Blvd.
Redondo St. to Blaney Ave.
700'
1500'
1800'
The project would include the street section and would be 5" concrete curbed road section 31' wide with a
6" lime stabilized base. The project would include the replacement of existing driveways and storm sewer
inlets.
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.
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 P.C.'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.
6
TASK
1 .
DESIGN SURVEYS
2.
DESIGN PHASE
3.
BID PHASE
4.
CONSTRUCTION PHASE
ATTACHMENT "B"
COMPLETION SCHEDULE
7
ESTIMATED TIME
1 MONTH
4 MONTHS
2 MONTHS
8 MONTHS