Loading...
HomeMy WebLinkAboutRES 97-121 RESOLUTION NO. 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 Carroll and Blackman, Inc. for engineering and related services for the paving and drainage improvements on Folsom Drive. The contract is substantially in the form attached hereto as Exhibit "K. PASSED BY THE CITY COUNCIL of the City of Beaumont this theZZZ,day of , 1997. - Mayor - ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR Engineering and Related Services for Paving and Drainage Improvements Folsom Drive This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed CITY, and Carroll & Blackman, 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 two (2) phases, namely, 1) Preliminary Engineering, and 2) detailed construction plans, specifications and estimates. KA5397\WP\5397-001AGR.WPD PAGE 1 EXHIBIT "A" A. Preliminary Engineering 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 surveys and, where necessary, site topography required to collect information needed for preparing of the Project, and also to establish benchmarks. 4. Develop the necessary roadway design criteria. 5. Prepare a Design Schematic, determine Right of Way Requirements, and prepare preliminary cost estimates for the project. 6. Determine the need for an Environmental Information Document, and any Environmental Assessments that may be necessary. 7. Determine the level of Public Involvement needed for the project and begin planning those activities. B. Final Design The Engineer shall: 1. 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. 2. Attend not more than two (2) citizen meetings or other such meetings with City officials as may be requested. 3. Furnish the City with three(3)copies of final plans and supporting documents and one (1) set of reproducible originals. 4. Prepare construction drawings for replacement and/or relocation of city utilities along the project route. 5. Prepare field notes and parcel drawings for any property to be acquired for right of way purposes. No right of way acquisitions are anticipated at this time. KA5397\WP\5397-001AGR.WPD PAGE 2 6. Utilize a ten year design frequency for design of the project drainage improvements. 7. Analyze and prepare a brief report on the sufficiency of offsite drainage systems downstream of this project to a ten year design frequency basis. 8. Develop a traffic control and detours plan for the project during construction. 9. Meet with utility owners to discuss any proposed adjustments. 10. Furnish any additional information as may be listed in the Project description (Attachment A). 11. Execute the previously agreed to public participation plan. 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 paragraph above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Serviced required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of consulting with the City or its attorney. B. 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 revision 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 to significant changes in scope of the Project or its design including but not limited to changes in sizes, complexity, or character of construction as agreed to by both parties. H. Providing services after issuance of Letter of Acceptance from the City. KA5397\WP\5397-00IAGR.WPD PAGE 3 IV. Coordination A. The Engineer shall hold periodic conferences with the Director of Public Works or his representatives to help ensure 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 so instructed 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 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 therefore under other provisions of 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 9 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. KA53971WP15397-OO1AGR.WPD PAGE 4 B. Preliminary Engineering Services The basis of compensation for Preliminary 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 2.5. The direct charges shall be based on the rates noted in Attachment B. C. 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 2.5. The direct charges shall be based on the rates noted in Attachment B. D. Maximum Compensation For the services described in Sections II and IV the basic fee plus direct charges shall not exceed $155,000. E. 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 2.5. 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 (95%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. 2. The remaining five percent (5%) shall be paid after acceptance by the City of the Final Phase services. B. Payment shall 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 1.5% per month will be added to all statements past due forty- five (45) days after submittal of the payment request. D. The City reserves the right to make an audit of charges claimed for this contract for K:\5397\WP\5397-OOIAGR.WPD PAGE 5 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 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 the City's sole risk and without liability or legal exposure to the 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 of 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 to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges for services actually performed under this Agreement that are applicable and useable on 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. r 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 or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement KA53971WP15397-001AGR.WPD PAGE 6 X. Engineers Warranty The Engineers 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 resulting from the award or making of this contract. XI. Equal Employment Opportunity The Engineers 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 otherwise 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 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. The 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 provisions hall be made without thirty (30 ) days written notice to the City. KA5397\WP\5397-001AGR.WPD PAGE 7 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 judgement 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 any 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 of employee. XVI. Entire Agreement 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. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of the 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 Kim Carroll thereunto authorized president, does now sign, execute and deliver this document. Executed in Beaumont, Texas, on this day of , 19 CARROLL&BLACKMAN, INC. CITY OF BEAUMONT y Kim L. C4ftoltP1. Ray Riley President City Manager Attest: Attest: 7. ct,� / Norman Blackman, P.E. City Clerk Vice President KA5397\WP\5397-001AGR.WPD PAGE 8 ATTACHMENT A PROJECT DESCRIPTION The project consists of widening approximately 0.76 miles of Folsom Drive from Dowlen Road to Crow Road. The project requires preparation of preliminary project layout and design criteria for approval followed by preparation of separate sets of plans and specifications for construction. The project will be designed using English units of measurement. The existing roadway is primarily a 20 foot wide asphalt pavement with large open ditch drainage. The proposed pavement section will be a 45 foot wide curb and gutter section. Carroll&Blackman, Inc. will work with the City of Beaumont to determine the best pavement section for this project. The City will provide the geotechnical investigation that will serve as the basis for design of this project. The City will also provide to the engineer all relevant data known to the city that could be of use on the project. In addition to preparing a schematic and PS &E for the project, Carroll & Blackman, Inc. will design the replacement and/or relocation of city owned utilities in the project area where needed. Carroll &Blackman, Inc. will conduct a public information or public participation program as indicated by the issues affecting the project neighborhoods. There is no allowance for performance of Environmental Site Assessments. No new right of way is expected to be required. Initial expectations are that existing drainage outfalls are complete and sufficient. K:\5397\WP\5397-001AGR.WPD PAGE 9 ATTACHMENT B SCHEDULE OF DIRECT EXPENSES Computer- General Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00 per hour Computer- CAD Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.00 per hour Total Station Survey Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per hour GPS Survey Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 per hour Plotting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.00 per square foot Engineering Copies - Blueline (24"X36") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.00 each Printing & Copies (up to 11"X17") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.10 per sheet Facsimile (FAX) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.00 per page Mileage (from CBI office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.31 per mile Travel and Meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 10% Miscellaneous Reimbursable Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost+ 10% K:\5397\wp\5397-001 agr.wpd