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HomeMy WebLinkAboutRES 97-122 i RESOLUTION NO. 21-1 --2, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Mark Whiteley and Associates Inc. for engineering services for the Eleventh Street Widening Project. The contract is substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the j..;Wday of , 1997. - Mayor - ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR ELEVENTH STREET WIDENING Project No.: ST 2000 SECTION 1 This Agreement made-=and entered into in Beaumont, Jefferson County, Texas between the---City of Beaumont, a Municipal Corporation in the State of Texas, he"r.e inafter termed "City", and Mark Whiteley and Associates, Inc. duly licensed, and practicing under the laws of the State of Texas; hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I . General A. Detailed Project Description See Attachment "A B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services necessary for the development of the Project to completion of detailed construction plans, specifications, and estimate, as provided in this Agreement. II . Basic Services The Engineer shall perform the following basic services under this Contract in one (1) phase, namely, the detailed construction plans, specifications and estimate. 1 EXHIBIT A. Final Design: The Engineer shall: 1 . Meet with City officials to determine the City' s requirements for the Project. 2 . Determine the location of all existing utilities facilities affecting the Project and :notify the proper utility companies . 3 . Perform any necessary field survey and, where necessary, site topography required to collect information needed for preparing of the Project, and also to establish benchmarks. 4 . Develop detailed plans and specifications including cost estimates for the construction of said Project. Prepare detailed plans and supporting documents for the proposed Project. Furnish a cost estimate based on the plans and supporting documents for the proposed construction. 5. Attend not more than two (2) citizen meetings or other such meetings with City officials as may be requested. 6. Furnish the City with (3) three copies of final plans and supporting documents and one (1) set of reproducible originals. __ 7 . Meet with utilities to discuss any proposed adjustments . 8 . Furnish any additional information as may be listed in the Project description (Attachment A) . III . Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services . Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of 2 yi engineering data and reports or depositions and consulting with the City or its attorney. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Section II .A. 6. C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer' s or City' s Offices and Project site. E. Preparation of exhibits . F. Soil and foundation investigations including field and laboratory tests, borings,; related engineering analysis, and recommendations . G. Additional services due t&- significant changes in scope of the Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties . H. Providing services after issuance of Letter of Acceptance from the City. IV. Coordination A. The Engineer shall hold monthly conferences with the Director of Public Works or his representatives to the end that the Project as developed shall have the full benefit of the City's Experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the° Engineer' s use in planning and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He 3 shall have complete authority to transmit instructions, receive information, interpret and define the City' s policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer' s services . C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Engineer' s services or any development that affects the scope or timing of Engineer' s services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefor under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer' s services described in Sections II, III, and IV. B. Final Engineering Services The basis of compensation for Final Engineering Services shall be a basic fee plus direct charges. The basic fee for all services other than noted in the direct charges schedule (Attachment B) shall be direct salaries times a factor of 2 .43. The direct charges shall be based on the rates noted in Attachment B. The basic fee plus the direct charges shall not exceed $130,000.00. 4 C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the rates noted in Attachment B plus direct salaries times a factor of 2.43. VI . City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1 . Ninety-five percent (950) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. 2 . The remaining five percent (50) shall be paid as follows: (a) Final Phase - after acceptance by,- City. B. Payment will be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. A past due charge of 1 . 3% per month will be added to all statements past due for more than forty-five (45) days. D. The City reserves the right to make an audit of charges claimed for this contract for services . VII . Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Final Phase as may be required to meet the needs of the City. After approval of the Final Phase by the City, any revisions, additions, or other modifications made at the City' s request which involves extra services and expenses to the Engineer 5 shall be subject to additional compensation to the Engineer for such extra services and expenses . VIII . Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such - information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re-use without specific written verification or adaptation by Engineer will be at City' s sole risk and without liability or legal exposure to Engineer. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others 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. 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 service actually performed under this Agreement that is applicable and useable of this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the city when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII . B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights 6 or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. X. Engineer' s Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. XI . Equal Employmepit Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XII . Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIII . Indemnification/Liability The Engineer shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from an error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or other wise resisting said claim or liabilities which might be imposed on the City as result of such activities by the engineer, his agents, or employees. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen' s Compensation Insurance, and 7 comprehensive General Liability Insurance. Such insurance shall be at the Engineer' s expense. The limits shall be as follows : Comprehensive General Liability and Auto Liability Insurance shall not be less than $200, 000. 00 per incident/$500, 000:00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XIV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor' s methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XV. Interest in City Contracts Prohibited No officer or employee of the city shall have a financial interest, direct or indirect, in nay Contract with the city, or shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVI . Entire Agreement .y This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. 8 SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the city Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the city Clerk, and the said Engineer, acting by the hand of Mark W. Whiteley thereunto authorized President, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of , A.D. 1997 . Attest: if corporation By 1 Official Title Attest: CITY OF BEAUMONT By City Manager .r 9 ATTACHMENT A PROJECT DESCRIPTION Work proposed under this Project shall egnsist of preparing detailed plans, specifications, and estimates for the construction of grading, base, concrete pavement, storm sewer, sanitary sewer and water lines along Eleventh Street from SH 124 to Washington Blvd. . The Engineer shall provide consideration and coordination with all utility companies during the development of the plans to ensure the most feasible location of all utilities within the R.O.W. for the proposed construction. 10 ATTACHMENT B DIRECT FEE SCHEDULE ITEM RATE Prints and reproduction Cost Plus 150 Supplies Cost Plus 150 Computer $20 . 00/Hour Plus 15% Equipment Rental Cost Plus 15% Sub-Contract-s (MBE) Cost Plus 15% 11 Sheet1 ATTACHMENT C WAGE RATES Function Code Classicfication Estimated Rate Costs Hours Code 110 Project Manager 8 $95.00 $760.00 Project Engineer 16 $74.00 $1,184.00 Engeer Assot 24 $54.00 $1,296.00 Engineer Tech 24 $47.00 $1,128.00 Code 150 Project Manager 8 $95.00 $760.00 Project Engineer 16 $74.00 $1,184.00 Survey Super 80 $60.00 $4,800.00 3 Man Crew 160 $84.00 $13,440.00 Code 160 Project Manager 4 $ 95.00 $380.00 Project Engineer 8 $ 74.00 $592.00 Engineer Assist 16 $ 54.00 $864.00 Engineer Tech 16 $ 47.00 $752.00 Cadd Draftsman 16 $ 25.00 $400.00 Gode 161 Project Manager 40 $ 95.00 $3,800.00 Project Engineer 160 $ 74.00 $11,840.00 Engineer Assist 80 $ 54.00 $4,320.00 Cadd Draftsman 160 $ 25.00 $4,000.00 Code 162 Project Manager 20 $ 95.00 $1,900.00 Project Engineer 40 $ 74.00 $2,960.00 Engineer Assist 80 $ 54.00 $4,320.00 Cadd Draftsman 120 $ 25.00 $3,000.00 Code 163 Project Manager 40 $ 95.00 $3,800.00 Project Engineer 120 $ 74.00 $8,880.00 Engineer Assist 320 $ 54.00 $17,280.00 Engineer Tech 480 $ 47.00 $22,560.00 Cadd Draftsman 480 $ 25.00 $12,000.00 .y Subtotal 2536 $128,200.00 eimburs. Expenses copies $1,000.00 misc. supplies $800.00 Grand Total $130,000.00 Page 1 t. ATTACHMENT D Direct Salary Schedule CLASSIFICATION SALARY RANGE 1 . Project Manager (Principal) $30-=$50/Hour 2 . Project Engineer $25-$30/Hour 3 . Engineer Assistant $20-$25/Hour 4 . Engineering Technician $14-$21/Hour 5. Planner $17-$30/Hour 6. Draftsman $ 8-$14/Hour 7 . Survey Supervisor $20-$25/Hour 8 . Party Chief $12-$15/Hour 9 . Instrumentperson $10-$12/Hour 10 . Rodperson $07-$10/Hour 11 . Flagperson $O5-$08/Hour 12 . Right of Way Agent $10-$15/Hour 12