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HomeMy WebLinkAboutRES 82-386 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to enter into a contract with Garrod & Dartez , consulting engineers, to provide engineering services for construction plans and specifications for Phase I of the Crockett Connector, in the form attached hereto, in an amount not to exceed $160,000. 00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /o�a day of 19 A2 . - Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON CONTRACT FOR ENGINEERING SERVICES LIBERTY LAUREL CONNECTOR (PHASE I) THIS AGREEMENT, entered into as of this day of , A.D. , _ by and between the city of Beaumont, Beaumont, Texas (hereinafter called the "CITY" or the "OWNER") acting herein by its , duly authorized by Resolution of the City Council of the City of Beaumont and Garrod & Dartez, Inc . (hereinafter called the "ENGINEER") , acting herein by Don 0. Garrod, President, hereunto duly authorized: WITNESSETH THAT: WHEREAS , the CITY desires to engage the ENGINEER to render certain technical and professional services hereafter described in the "Scope of Services" , NOW, THEREFORE, the Parties hereto do mutually agree as follows : 1. Employment of Engineer The CITY hereby agrees to engage the ENGINEER and the ENGINEER agrees to perform the "Scope of Services" hereinafter set forth. 2 . Scope of Services Engineering services in connection with design and right of way surveys, preparation of right of way maps and descrip- tions, plans, specifications and bidding documents, and con- struction phase services including contract administration, construction layout and resident project representation for Phase I of the Liberty-Laurel Connector, limits of the project being from Forrest to Pine along Laurel with improvements to T�Ieches , Crockett, Park and Willow, all as shown on the attached design concept drawing marked Exhibit A, and including street paving, sidewalks, drainage facilities and related appurte- nances , hereinafter called the "Project" . A. BASIC SERVICES The basic services to be rendered by the Engineer under this agreement shall be as follows : (a) PRELIMINARY DESIGN PHASE (1) Perform preliminary field surveys as necessary to collect information required in design of the project. (2) Prepare prelirr-1i.nary plans and sketches in sufficient de' tail' t© establish right of way requirements and to indicate problems involved and alternate solutions available. (3) Furnish preliminary cost estimates and consult and advise with the OWNER as to pos- sible revisions or alterations if necessary to meet budgetary limitations. (b) FINAL DESIGN PHASE (1) Provide consultation and advice as to the necessity for soil borings, foundation investi- gations and tests as may be required for final design and act as OWNER'S representative in plan- ning and supervising same. (2) Furnish survey services, field note descrip- tions and maps as necessary for acquisition of right of way required for the project, including establishing and marking the limits of new right of way to be acquired, placing iron pins at each end of each individual tract to be acquired from a single person, corporation or other entity, calculation and writing of field note descrip- tions of each parcel to be acquired and prepara- tion of maps showing each parcel to be acquired and showing existing improvements within or im- mediately adjacent to each parcel and showing the relation of proposed improvements to said right of way, it being understood that OWNER will furnish all title search, legal descriptions and ownership information on tracts from which right of way is to be acquired. (3) Make additional and more detailed field sur- veys as may be necessary for final design. (4) Furnish to the OWNER the engineering data required for application for any permits required by local, state and federal authorities. (5) On the basis of approved preliminary plans, and incorporating revisions, if any, stipulated by OWNER to preliminary plans, prepare detailed con- tract drawings, specifications and bid documents for construction authorized by the OWNER. (6) Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities based, insofar as practical on the unit price system of bidding. The ENGINEER shall not be required to guarantee the accuracy of these estimates. 2 (7) Furnish to the OWNER all necessary copies of approved plans, specifications, notice to bidders and proposals. All sets of plans in excess of twenty (20) are to be paid for sepa- rately. (c) CONSTRUCTION PHASE (1) Assist the OWNER in securing bids and prepare tabulations of bids received and make recommenda- tion for the award of the contract. (2) Assist the OWNER in the execution of all contract documents and furnish the OWNER a suf- ficient number of the executed documents to satis- fy the needs of the OWNER, local, state and other federal agencies that may be involved in the project. (3) Consult and advise with OWNER, act as OWNER' S Representative at the Project site, transmit in- structions of the OWNER to Contractor, and prepare routine change orders as required. (4) Provide construction staking including re- lated office computations and drafting. (5) Provide general engineering observation of construction, including periodic visits of the ENGINEER to the site, along with continuous re- sident project representation, to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents, however, the ENGINEER does not guarantee the performance of the contract by the Contractor nor assume any duty to supervise safety procedures followed by any Contractor or Sub-Contractor or their respective employees or by any other person at the job site. The ENGINEER or his qualified representative will be available at all times work is in progress for telephone contact by the resident project rep- resentative. The ENGINEER shall direct, supervise, advise and counsel the resident project represen- tative in the accomplishment of his duties. (6) Consult with and advise the OWNER during the construction period. He will submit, when request- ed by the OWNER, written reports to the OWNER on the progress of the construction including any problem areas that have developed or are anticipat- ed to develop. In addition, ENGINEER shall supply to OWNER such periodic reports and information as may be required. 3 (7) Plan, arrange for, co-ordinate and super- vise laboratory or field testing of construction materials and samples as required by specifica- tions, with the actual performance of such test- ing to be by an independent testing laboratory and an Additional Service under Paragraph 2B if handled as a sub-contract through the ENGINEER. All testing not the responsibility of the Con- tractor may, at the OWNER'S option, be paid for directly by OWNER. (8) Certify monthly estimates for payments to the Contractor. (9) Co-ordinate with the resident project repre- sentative to insure that all tests required for construction are scheduled and accomplished in a manner that will not delay the Contractor unneces- sarily and will meet specification requirements as to location and frequency. (10) Conduct, in company with OWNER, final in- spection of the PROJECT :for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents and approve in writing final payment to the Con- tractor. (11) Furnish OWNER with a reproducible set of "As Built" plans. B. ADDITIONAL SERVICES (a) Description of Work: All work performed by ENGINEER at the request of OWNER is either described in this para- graph or not included in the Basic Services defined above, shall constitute Additional Services. These shall include: (1) Any work undertaken as an expert witness or in connection with litigation or other con- troversies, such as preparation of engineering data and reports, waiting to testify, testifying in court or by deposition, and consulting with OWNER or attorneys; (2) Preparation of any special reports, applica- tions for permits or grants, and appearances be- fore regulatory agencies; (3) Any revisions of previously approved reports , drawings or specifications; (4) All travel and subsistence to points other than ENGINEER'S or OWNER' S OFFICES AND PROJECT SITE; Zoe- 4 - (5) Making copies of preliminary reports and final drawings and specifications in excess of twenty sets; (6) Preparation of renderings, exhibits or scale models; (7) Soil and foundation investigations including field and laboratory tests, borings, related en- gineering analysis, and recommendations and lab- oratory or field testing or inspection of con- struction samples or materials; (8) Additional services due to significant changes in scope of the project or its design including but not limited to changes in size, complexity, or character of construction; (9) Preparing for and attending public hearings; (10) Providing services after issuance of the Certificate of Completion; (11) Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. C. COMPENSATION Engineers compensation for basic and additional services shall be as set forth in Paragraph 5 . 3 . Time of Performance A. ENGINEER will proceed immediately upon execution of this contract with performance of services called for under Paragraph 2A (a) "Preliminary Design Phase" with principal attention given to establishment of right of way requirements. All services called for under the Preliminary Design Phase shall be completed by unless delayed by causes outside the control of the ENGINEER. B. Upon approval of preliminary plans, ENGINEER will proceed with performance of services called for under Paragraph 2A(b) "Final Design Phase" with these services to be completed by unless delayed by causes outside the con- trol of the ENGINEER. C. Following award of contract and on authorization by OWNER, ENGINEER will proceed with the Construction Phase and this agree- ment shall remain in force for a period which may reasonably be required for construction of the project, including any extra work and extensions thereto. 5 ? 4 . Owner' s Responsibility A. It is agreed that the OWNER will furnish, without charge for the use of the Contract, information, data, reports , records, and maps as are existing, available, and necessary for the carry- ing out of the work of the ENGINEER as outlined under "Scope of Services" . The OWNER and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work. described in this Contract. B. The OWNER agrees to examine all studies, reports , sketches , e_!stimates , drawings, specifications, proposals and other documents presented by the ENGINEER and shall render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. C. The City Manager or his designated representative shall act as OWNER' S representative with respect to the work to be performed under this agreement; and such person shall have com- plete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect. to systems pertinent to the work covered by this agreement. D. The OWNER shall give prompt written notice to the ENGI- NEER whenever the OWNER observes or otherwise becomes aware of any defect in the project. E. The OWNER shall obtain approval of all governmental authori- ties having jurisdiction over the project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the project, and shall have ultimate responsibili- ty for relocation and/or adjustment of pipelines or other public or private utilities; however, ENGINEER shall be responsible for con- tacting and coordinating with such utility companies to determine relocation requirements and for arranging and coordinating schedules. 6 5 . Compensation and Methods- of- Payment OWNER will pay ENGINEER for work performed and services rendered , as scheduled below: A. BASIC SERVICES (a) For basic services under Paragraph 2A(a) "Pre- liminary Design Phase" , the sum of FIFTEEN THOUSAND DOLLARS ($15 , 000 . 00) PLUS field surveys at $40. 00 per hour for a two man party, $55 . 00 per hour for a three man party, and $70 . 00 per hour for a four man party. (b) For basic services under Paragraph 2A(b) "Final Design Phase" , the sum of FORTY FIVE THOUSAND DOLLARS ($45 , 000 . 00) PLUS field surveys at $40. 00 per hour for a two man party, $55. 00 per hour for a three man party, and $70 . 00 per hour for a four man party, it being understood that the hourly fees are for field work in connection with right of way and design surveys , with related office work coming under the fixed fee as stipulated. (c) For basic services under Paragraph 2A(c) "Construc- tion Phase" , the sum of TWENTY THOUSAND DOLLARS ($20 , 000. 00) PLUS construction layout at 40. 00 per hour for a two man party, $55 .00 per hour for a three man party, and $70 . 00 per hour for a four man party PLUS $25 . 00 per hour for resi- dent project representation (straight time) and $37. 50 per hour (overtime) . (d) Total fees for BASIC SERVICES , as outlined in Paragraph 5A(a) , 5A(b) and 5A(c) above shall not exceed the sum of ONE HUNDRED AND SIXTY THOUSAND DOLLARS ($160 , 000 . 00) B. ADDITIONAL SERVICES (a) For additional services as described in Paragraph 2B when authorized by OWNER and performed by ENGINEER, at the following rates : Registered Professional Engineer and/or Registered Public Surveyor, including Principals in Firm $35 . 00 per hour Engineer in Training $28. 00 per hour Engineering Technician $25 . 00 per hour Draftsman $20. 00 per hour Secretary-Typist $12 . 50 per hour Two Man Survey Party $40. 00 per hour Three Man Survey Party $55 . 00 per hour Four Man Survey Party $70. 00 per hour Resident Project Representative (straight time) $25. 00 per hour Resident Project Representative (overtime) $37. 50 per hour Transportation in Engineers Vehicle $ 0 . 20 per mile Administration of subcontracts (Testing, Reproduction, etc. ) Cost plus 10% Reproduction in Engineer' s Office $ 0 . 15 per Sq.Ft. -3e-� - 7 - (b) Houriy charges for inspectors and survey parties are based on 8 hour working .days, including travel time between our office and the site. one and one half times the above rates is charged for work over 8 hours per day or on Saturdays, Sundays, or holidays , when requested and authorized by OWNER or required by contractor' s opera- tion . Rates include local transportation , field and office equipment and supplies. C . PAYMENTS (a) ENGINEER will invoice OWNER monthly in amounts based on ENGINEER' S estimate of the portion of the Basic Services completed , and a detailed statement showing additional services rendered. (b) CITY agrees to promptly pay ENGINEER at his office in Beaumont , Texas, the full amount of each such invoice upon receipt . 6 . Ownership of Documents ENGINEER agrees to provide to the OWNER prints or reproducible copies as specified under "Scope of Services" . Such prints shall become property of the CITY, to be used, reproduced and disposed of entirely within the discretion of CITY. 7 . Insurance ENGINEER agrees to maintain Workmen ' s Compensation Insurance to cover all of its own personnel engaged in performing services for OWNER under this contract . ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER for damages resulting from bodily injury, death or property damage from accidents arising in the course of work performed under this contract. 8 . Professional Liability The ENGINEER shall comply with the requirements of all applicable laws , rules and regulations in connection with the service of ENGINEER and shall exonerate , indemnify and hold harmless the CITY, its officers, agerits and all employees from any and all liability arising as a result of the ENGINEER' S services hereunder, and shall assume full responsi- bility for payment of Federal , State and Local taxes or contributions imposed or required under the Social Security, Workmen ' s Compensation and Income Tax Laws. This shall not be construed as a limitation of the liability or responsibility of ENGINEER under this contract. 9 . Address of Notices and Communications CITY OF BEAUMONT GARROD & DARTEZ, INC. P . 0. Box 3827 1360 Seventh Street Beaumont , Texas 77704 Beaumont, Texas 77702 All notices and communications under this Contract shall be mailed or delivered to OWNER and ENGINEER at the above addresses. 8 4-f� a. 10. Captions Each Paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation of application. 11 . Successors and Assignments The OWNER and the ENGINEER each binds himself and his succes- sors, executors, administrators and assigns to the other Party of this contract and to the successors, executors, adminstrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. EXECUTED IN counterparts (each of which is an original) on behalf of ENGINEER by its President shown below, and on behalf of OWNER by its (thereto duly authorized) this day of ACCEPTED: PROPOSED AND AGREED TO: OWNER: ENGINEER: City of Beaumont, Texas Garrod & Dartez, Inc. President Date 5-ate 7-gv ATT1.11ST: ATTEST: S,11_41x y 0— 9 (i , 0 �f► f LLSERRY i n. Q { TES, t ^. ♦ LIBERTY - LAUREL ONE-WAY STREETS LEGEND T.LP PHASE- T lRKP�W RKMT-p-rl . DESIGN CONCEPT - MOMOSln MMUT-0/-SW !ZC[!! RIRMT-O►-wQ LIBERTY, LAUREL, CROCKETT OLAND O CUMMM wIt G3R:s To R!6C«RRIO - FORREST to PINE . a '