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HomeMy WebLinkAboutRES 75 217A 'R E 'S '0 'L U T 'I '0' N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and,he is hereby, -au I thorized to enter into the contract attached hereto and made a part hereof for all purposes with Turner, Collie $ Braden, Inc. and Schaumburg & Polk, Inc. for engineering services relative to the infiltration -inflow study of the City's sanitary sewer system, and the City Clerk is,hereby autho- rized to attest to said contract and to affix the Seal of the City of Beaumont thereto. PASSED BY E CITY COUNCIL of the City of Beaumont this the 1641) day of , 19 75 . ayor AGREEMENT FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between CITY OF BEAUMONT, hereinafter called the "Owner, 11 and TURNER, COLLIE & BRADEN, INC. SCHAUMBURG & POLK, INC. (A Joint Venture), hereinafter called the "Engineer. " RECITALS Owner intends to undertake a capital improvements program to include modification to the. wastewater treatment system. Such improve- ments are hereinafter referred to as the "Project." CONTRACTUAL UNDERTAKINGS SECTION I ' EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, .and for having rendered such services, the Owner agrees to pay the Engineer compensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Engineer shall. render the following professional services necessary for the development of the Project: A. Preliminary Phase . 1. Attend preliminary conference with -the Owner regarding the Project. Z. Perform preliminary engineering services, in connection with the Project in sufficient detail to indicate clearly the problem involved and the alternate solutions -available to the Owner., to include preliminary layouts, sketches and cost. estimatesfor the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. B. Design Phase 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of 1 the Project; and arrange with the Owner for the conduct of such invPGtiaatinns and tests. 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for permits by local and state authorities including applications and supporting documents for government grants-in-aid, or to meet the requirements of special programs of the federal government. 3. Perform field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. 4. Prepare detailed specifications and contract drawings, in pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicable state and federal agencies for approval. 5. Prepare detailed cost estimates and proposals of authorized con- struction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 6. Furnish to the Owner all necessary copies of approved plans; specifications, notices to bidders, and proposals. C. Construction Phase 1. Assist the Owner in the advertisement of the Project for bids. 2. Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. .4. Make periodic visits to the site (as distinguished from the con- tinuous services of a resident Project Representative described in Subparagraph 6 below) 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. In performing this service, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality of quantity of work or material; he will not t be .responsible 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. During visits to the construction site, and on the basis of the Engineer's on-site obser- vations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult and advise with the Owner; issue all instructions to the 6. If specially authorized by the Owner in writing, furnish the services of resident Project Representatives, and other field personnel, for continuous on -the -site observation of construction and for the per- formance of required construction layout surveys. The authority and duties of such resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use its best efforts to see that -the Project Representatives are on the job to perform their required duties. It is agreed, however, that the .Engineer does .not underwrite, guarantee or insure the work done by the contractors, and, since it is the contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer 'is not responsible or liable for the contractor's failure to do so, and, so long as Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used its best efforts to see -that they are. on the job to perform the work, failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors for liability therefor or subject the Engineer to any liability for any such defect or deficiencies. 7'. Check' and approve samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials 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 infor- mation given by the Contract Documents; and assemble written guarantees which are required.by the Contract Documents. 8. Prepare m.onthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers. 9. Conduct, in company with the 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. 10. Revise contract drawings, with the assistance of the resident Project Representative, to provide record drawings of the completed Project. The Engineer will use his best efforts and will exercise the usual degree of care in preparing these drawings; he shall not be required to guarantee the accuracy of the record drawings. Furnish a set of prints of these record drawings to the Owner. 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, in which the following elements are specified: 1. The nature of the particular assignment. 2. The scope of the services to be performed. 3. The exact basis of payment for the services to be performed (as . provided in Section VI). 4. A citation of the action of the City Council under which the assign- ment was authorized and the appropriation was made. 5. Any credit provisions to which the Owner is entitled. 6.. The time allowed the Engineer for the performance of the services. 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 stand- ards. 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 ENGINEER'S COMPENSATION For the services of the Engineer!s staff, the charge will be the "salary cost" of each employee so engaged times a multiplier. This multi- plier shall be 2. 20 for those employees regularly engaged in the office, and 2.00 for those employees regularly engaged in the field. "Salary Cost" is defined as the cost of salaries (total hours worked times the employee's rate of pay on an hourly basis) of the Engineer's employees for time directly chargeable to the Project, plus 20 percent for social security contributions, unemployment excise and payroll taxes,, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto, and shall include the "cost" of the services of the Engineer's principals and associates at the imputed rates regularly employed by -the Engineer for this purpose. The imputed "salary cost" of principals and associates will be $20.00 per hour. The overtime premium for draftsmen classification will be charged for an average of five hours per week, which the Engineer's office staff regularly works in excess of forty hours. For any additional overtime, the overtime premium will be charged only because of the client's requirements, and upon his.specific authorization. For the Engineer's survey parties engaged in surveys requiring the use of specialized equipment, in addition to the charges described above and in the paragraphs below, a supplemental charge will be added according -- aL_ _�..4�.�.�....i.r.+-,+:,.... . —A nc fnllnwS• ' Model VI Geodimeter, Electrotape, or equivalent Wild -DI -10 Distomat, or equivalent Hewlett-Packard, Cubitape Distance Meters, or equivalent Control leveling equipment (Zeiss or Wild precise self -aligning level, Invar precise leveling rods, etc.) $75 per day $50 per day $35 per day $25 per day This supplemental charge includes the normal supporting equipment for the specialized equipment. For survey party work subcontracted, the charge is the actual cost plus a ten percent service charge as' described in the following paragraph. For all direct non=labor expense; including equipment rentals, transportation, telegraph and telephone charges, reproductions, etc. , and subsistence for the principals and staff when outside of Jefferson County, all as required for the proper execution of the work, and for all work sub- contracted, the charge is the actual invoice cost plus a ten percent service charge. Travel by vehicles owned or leased by the Engineer shall be at fifteen cents per mile. A statement of charges for services will be submitted monthly and will be due upon receipt by Owner. Should Owner fail to make payment to the.Engineer of the sum named in any partial or -final statement when payment ..is past due for more.than sixty days, the right is expressly reserved to the Engineer to treat the .Agreement as terminated by.the Owner and recover compensation as provided by Section IX of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the pF eliminary drawings as may be required to meet the needs of the Owner, 'but 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 addition 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, such as by (but not limited to) the 'readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expenses. Compensation for such extra services shall be at salary cost times a multiplier of 2:2, and reimbursement for direct non -tabor expense and subcontract expense at invoice cost plus a 10 percent service charge. SECTION VIII OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connection with services performed hereunder belong to, and remain the property of the Owner, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project, save with �Q ._-1.) — ! r a SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in connection with the Agreement and any liability or claimed liability created hereunder or incident hereto or -pertaining to the enforcement of any provision, condition or covenant contained herein shall be sub- mitted to arbitration under the.terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such. notice of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second -arbi- trator. Such two arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and shall immediately ,give the parties written notice of the third arbitrator's appointment. B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five days, the demanding party may apply to the court. under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such award shall be governed by the Texas General Arbitration Act, Articles 224 through 248-6, inclusive Revised. Statutes of 1925, .as amended. D. This entire Section IX providing for arbitration shall survive the termi- nation of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty days' notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty -day period, 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 charg6able 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 specifi- cations 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. ' • � 1�� res-�.�� SECTION XI ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communications under this Agreement to be mailed or delivered to Engineer shall be to the following addresses: Turner, Collie & Braden, Inc. 'P.O. Box 13089 3203 West Alabama Houston, Texas 77019 Schaumburg & Polk, Inc. 2678 Laurel Avenue Beaumont, Texas 77702 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: City of Beaumont 700 Pearl Street P.O. Box 3827 Beaumont, Texas 77704 SECTION XII SECTION CAPTIONS Each Section under the contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its inter- pretation or application. SECTION XIII SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns- to the other party of the 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 construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in counterparts (each of which is an original) on behalf of Engineer by its President or Vice President shown below, and on behalf of Owner by its _ (thereunto duly authorized) this day of 1975. CITY OF BEAUMONT Attest: City Secretary City Manager r TURNER, COLLIE & BRADEN, INC. Ralph M. Stovin, Assistant Secretary Ted P. Willis, P. E. Group Vice President -Chief Engineer George J. Schaumburg, Jr. Assistant Secretary SC HAUMB UR G & POLK, INC. John T. Polk, P. E. President CERTIFICATE OF COUNSEL Pursuant to the terms of Article 224, Revised Statutes of 1925, we hereby certify that the Provision in 'the foregoing contract for arbitration of controversies was concluded upon the advice of counsel to both parties. Counsel for Owner Counsel for Engineer