HomeMy WebLinkAboutResolution 1999-050
RESOLUTION NO. 99-50
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. to design
Tourist Drive Paving and Drainage Improvements from Denton Highway to Bewley
Street, as an act and deed of the City.
PASSED AND APPROVED this the 26th day of July, 1999.
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APPROVED AS TO CONTENT:
Contract # 3-396
This AGREEMENT is made and entered into this
CITY OF NORTH RICH LAND HILLS, TEXAS
PUBLIC WORKS CONTRACT
AGREEMENT FOR ENGINEERING SERVICES
....."
~ l.p day of J~
,1999,
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 Street, Drainage, and Utility Improvements in Tourist Drive from Bewley/Onyx
Drive to U.S. 377 (Old Denton Highway), and Miscellaneous North Hills Storm Drain Improvements, 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.
1
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, 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 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.
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 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 10%. The total compensation to
the ENGINEER for the Basic Services will not exceed $82,000 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.
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 $10,140 without additional negotiation and
authorization.
B. Compensation for Special Services for the preparation of ROWand/or Easement documents shall
be at the rate of $500 per Parcel and shall be limited to a total of $6,000 based on an estimate of 12
Parcels without additional negotiation and authorization.
3. TOTAL COMPENSATION
Total compensation to the ENGINEER shall include the sum of Item 1, "Basic Engineering Services",
($82,000), Item 2.A, "Design Surveys", ($10,140), and Item 2.B, "ROWand Easement Documents", ($6,000), for a
total amount not to exceed $98,140 without additional negotiation and authorization.
3
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 "C"
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. k:. 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, exacutors, 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
¿nd.. day of A¿¡~Uf>{;-- ,1999.
CITY OF NORTH RICHLAND HILLS
KNOWL TON-ENGLlSH-FLOWERS, INC.
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ATTACHMENT "A"
SCOPE OF WORK
1. Perform field surveys on Tourist Drive from Bewley/Onyx Drive to U.S. 377 (Old Denton Highway), and on off-site
storm drain routes along Lines B9, BF6a, Bf6e1, BF6e2, BF6c, and BF6b as delineated on Sheet No. A10 of the
"Drainage Master Plan for the City of North Richland Hills", dated March, 1985.
2. Perform a drainage analysis of that portion of the North Hills Addition area which is affected by drainage
associated with Tourist Drive, and determine the size of all on-site and off-site storm drainage facilities, (listed in
Item 1 above), which are required to serve the Tourist Drive watershed area in accordance with current City of
North Richland Hills Storm Drainage Design Criteria, or as otherwise directed by the OWNER.
3. Prepare plans and specifications for reconstruction of Tourist Drive, within the limits noted in Item 1 above, to its
current street width of 31-feet B/B with 5-inch thick reinforced concrete pavement on 6-inch thick lime stabilized
subgrade and 6-inch high curbs, including underground storm drains and inlets, driveways, sidewalks on both
sides of the street, and side street pavement transitions.
4. Prepare plans and specification for construction of off-site storm drain facilities listed in Item 1 above.
5. Perform property surveys, courthouse research, and prepare ROWand/or Easement documents for the off-site
storm drain facilities listed in Item 1 above.
6. Prepare plans and specifications for replacement of the existing 6-inch water line in Tourist Drive, within the limits
noted in Item 1 above, with a new 6-inch diameter PVC water main, including new water valves, fire hydrants,
water service lines, meters, and appurtenances. Water line replacement plans shall be prepared on separate
plan-profile sheets so that they can be separated from the Paving and Drainage plans in the event that the water
line replacement work is done by the City Utility Construction Division in lieu of by the General Contractor.
7. 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 "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.
8. 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 and lab reports 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
44.10 to 45.86
Design Engineer
30.70 to 36.14
Design Technician
20.00 to 24.13
Engineer-In- Training
18.00 to 21.11
CADD Technician
13.90 to 17.16
Clerical
12.65 to 15.44
7
ATTACHMENT "C"
COMPLETION SCHEDULE
TASK
DATE OF COMPLETION
1. Award Engineering Services Contract July 26, 1999
2. Design Surveys August 30, 1999
3. Drainage Analysis September 13, 1999
4. 50% Complete Construction Plans November 15,1999
5. Drainage Easement Documents December 13. 1999
6. 90% Complete Construction Plans January 17. 2000
7. 100% Complete Construction Plans January 26. 2000
8. Advertise for Bids When Directed by OWNER
after Completion of Plans
8
TOURIST DRIVE PAVING, DRAINAGE, AND UTILITY IMPROVEMENTS
PROPOSED ENGINEERING FEES
A. BASIC SERVICES
Estimated Paving Cost = $637,573.39
Estimated On-Site Drainage = 77,072.45
Estimated Off-Site Drainage = 252,060.00
Estimated Water Line Reloc. = 126,000.00
Total Estimated Const. Cost = $1,092,705.84
ASCE Manual 45 Basic Services Fee
$1,000,000.00 7.53%
$1,092,705.84 7.50% $81,952.94
$5,000,000.00 6.42%
B. SURVEYS $/L.F. = $1.50
Tourist 3,600 $5,400.00
Off-Site S.D. 3,160 $4,740.00
Totals 6,760 $10,140.00
C. EASEMENTS $/Each = $500.00
Off-Site S.D. 12 $6,000.00
TOTAL PROPOSED ENGINEERING FEE
Total Fee Percent of Total Construction =
ENGIN.
FEE
$82,000.00
$10,140.00
$6,000.00
$98,140.00
8.9814%
KNOWLTON-ENGLISH-FLOWERS,INC.
JOB NO:
DATE:
OPINION OF COST
(PRELIMINARY)
3-396
July 15, 1999
OWNER: CITY OF NORTH RICHLAND HILLS
DESCRIPTION: TOURIST DRIVE
DENTON HIGHWAY TO BEWLEY DRIVE
Page
DESCRIPTION OF UNIT ITEM TOTAL UNIT
NO. UNIT QUANTITY PRICE COST
PAVING IMPROVEMENTS
Remove Curb & Gutter 1 L.F. 6,825 $3.00 $20,475.00
Remove Existina Concrete Flatwork 2 S.F. 16,175 0.50 8,087.50
Unclassified Street Excavation 3 C.Y. 4,651 10.00 46,510.00
Saw Cuts 4 L.F. 1,546 3.00 4,638.00
6" Thick Lime Stabilized Subgrade 5 S.Y. 15,060 2.50 37,650.00
Lime for Stabilized Subgrade 6 TONS 241 90.00 21,690.00
MC-30 or MS-2 Prime Coat with Sand 7 S.Y. 15,526 0.18 2,794.68
HFRS-2 or SS-1 Asphalt Tack Coat 8 S.Y. 3,122 0.18 561.96
5" Thick Concrete Pavement 9 S.Y. 12,735 22.65 288,447.75
16" Monolithic Curbs 10 L.F. 6,069 2.00 12,138.00
16" Curb & 24" Gutter 11 L.F. 756 7.00 5,292.00
Type "D" HMAC, 2" Thick 12 TONS 1,561 4.00 6,244.00
Type "A" HMAC, 4" Thick (2 Equal Lifts) 13 TONS 3,122 8.00 24,976.00
5" Thick Concrete Driveways - Commercial 14 S.F. 10,461 4.00 41,844.00
4" Thick Concrete Sidewalks 15 S.F. 22,478 3.00 67,434.00
Wheelchair Ramps 16 EACH 24 350.00 8,400.00
A~ustSanita~SewerManho~ 17 EACH 2 300.00 600.00
Adjust Water Valve 18 EACH 15 150.00 2,250.00
Top Soil, 4" Thick 19 S.Y. 7,583 1.50 11,374.50
Solid Sodding w/St. Augustine or Bermuda Grass 20 S.Y. 7,583 2.00 15,166.00
Project Skins 21 EACH 2 500.00 1,000.00
Miscellaneous Paving Allowance 22 L.S. 1 10,000.00 10,000.00
SUB-TOTAL PAVING IMPROVEMENTS $637,573.39
ON-SITE DRAINAGE (S.. Page 2) $77,072.45
OFF-SITE NORTH HILLS DRAINAGE (See P. 2) $252,060.00
UTILITY ADJUSTMENTS (See Attachment) $126,000.00
REVIEWED & APPROVED: SUB-TOTAL CONSTRUCTION COST $1.092,705.84
Rw, f21Þ-:- Surveying and Engineering (See Cales.) 98.140.00
PROJECT MANAGER TOTAL OPINION OF COST $1,190,845.84
FILE: D:INRH\396\Esllm.xIs
KNOWLTON-ENGLISH-FLOWERS.INC.
OPINION OF COST
(PRELIMINARY)
JOB NO:
DATE:
3-396
July 15, 1999
OWNER: CITY OF NORTH RICHLAND HILLS
DESCRIPTION:
TOURIST DRIVE
DENTON HIGHWAY TO BEWLEY DRIVE
Page 2
DRAINAGE IMPROVEMENTS
DESCRIPTION OF UNIT ITEM TOTAL UNIT
NO. UNIT QUANTITY PRICE COST
TOURIST ON-SITE DRAINAGE
18" Dia. ecl. IIn ASTM C-76 RCP 23 L.F. 45 42.00 1,890.00
24" Dia. eCI. III) ASTM C-76 RCP 23a L.F. 169 50.00 8,450.00
30" Dia. eCI. III) ASTM C-76 RCP 23 L.F. 75 61.00 4,575.00
36" Dia. eCI. III) ASTM C-76 RCP 23a L.F. 305 78.00 23,790.00
'x4' Junction Box 23a L.F. 1 2.200.00 2,200.00
'x6' Junction Box 23a L.F. 1 4,000.00 4,00000
Std. 20' Cast-In-Place Curb Inlet 22 EACH 6 3,370.00 20,220.00
Std. 10' Cast-In-Place Curb Inlet 22 EACH 4 1,790.00 7,160.00
Std. 5' Cast-In-Ptace Curb Inlet 22a EACH 1 1,580.00 1,580.00
Drainaae Trench Safety 24 L.F. 769 1.05 807.45
Erosion Control, Silt Fence 25 L.F 200 2.00 400.00
Miscellaneous Drainage Allowance 29 L.S. 1 2,000.00 2,000.00
SUB·TOTAL ON-SITE DRAINAGE $77,072.45
NORTH HILLS OFF-SITE DRAINAGE
Line B9, 24" RCP 1 L.F. 1,020 65.00 $66,300.00
Line BF6e, 42" RCP 2 L.F. 460 111.00 51,060.00
Line Bf6e1, 30" RCP 3 L.F. 570 75.00 42,750.00
Line BF6e2, 24" RCP 4 L.F. 400 65.00 26,000.00
Line BF6c, 24" RCP 5 L.F. 350 65.00 22,750.00
Line BF6b, 45" RCP 6 L.F. 360 120.00 43,200.00
SUB·TOTAL OFF-SITE DRAINAGE 3,160 $252,060.00
REVIEWED & APPROVED: SUB-TOTAL CONSTRUCTION COST $329,132.45
12. Í(j I fffi-:-
PROJECT MANAGER
FilE: D:\NRH\396\Estim.xIs