HomeMy WebLinkAboutRES 97-220 RESOLUTION NO. �7 ?�
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 and related services for the paving and
drainage improvements on Walden Road. The contract is substantially in the form
attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this then � day
of , 1997.
- Mayor -
ENGINEERING SERVICES CONTRACT
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT
O T
J
WALDEN ROAD PA WIDENING PROJECT
Project No.: ST-2430
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, hereinafter 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.
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EXHIBIT "A"
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
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engineering data and reports or depositions and
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. 5.
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 to 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
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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 $247,560.00 .
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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;.E?igineer 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 (5%) 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
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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 Engilnd'er.
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
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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 Employment 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
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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
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.
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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
cull
Offi ial Title
Attest: CITY OF BEAUMONT
By
City Manager
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ATTACHMENT A
PROJECT DESCRIPTION
Work proposed under this Project shall consist of preparing a
schematic development of the proposed roadways, including any turn
lanes or proposed intersections as required. In addition, the work
will consist of preparing detailed plans, specifications, and
estimates for the construction of grading, base, concrete pavement,
storm sewer, and related drainage facilities for the approved
schematic along Walden Road from near Interstate Highway 10 to
Major Drive (FM Highway No. 364) . Signalization is not a part of
this project scope.
The Engineer shall provide all surveying services and R.O.W.
abstracting services, as to ownership, to- prepare a R.O.W. map for
additional R.O.W. taking along the existing R.O.W. line._
Individual parcel maps of the proposed takings shall also be
prepared, together with a set of proposed field note description
for use by the City of Beaumont.
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.
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ATTACHMENT B
DIRECT FEE SCHEDULE
ITEM RATE
Prints and reproduction Cost Plus 15%
Supplies Cost Plus 15%
Computer $20 . 00/Hour Plus 15%
Equipment Rental Cost Plus 15%
Sub-Contracts (MBE) Cost Plus 15%
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ATTACHMENT C
FEE SCHEDULE
Function Code Classification Estimated Rate Costs
Hours
Code 110 Project Manager 40 $95.00 $3,800.00
ROUTE&DESIGN Project Engineer 40 $74.00 $2,960.00
Engineer Assist 80 $54.00 $4,320.00
Engineer Tech 80 $47.00 $3,760.00
Cadd Draftsman 80 $25.00 $2,000.00
Code 130 Project Manager 40 $95.00 $3,800.00
R.O.W. Project Engineer 40 $74.00 $2,960.00
Survey Super 60 $60.00 $3,600.00
3 Man Crew 160 $84.00 $13,440.00
Engineer Assist 80 $54.00 $4,320.00
Engineer Tech 80 $47.00 $3,760.00
Cadd Draftsman 80 $25.00 $2,000.00
Code 150
SURVEYING Project Manager 40 $95.00 $3,800.00
Project Engineer 40 $74.00 $2,960.00
Survey Super 60 $60.00 Vr600.00
3 Man Crew 160 $84.00 $13,440.00
Engineer Assist 160 $54.00 $8,640.00
Engineer Tech 160 $47.00 $7,520.00
Cadd Draftsman 160 $25.00 $4,000.00
Code 160
ROADWAY DESIGN Project Manager 20 $95.00 $1,900.00
Project Engineer 20 $74.00 $1,480.00
Engineer Assist 80 $54.00 $4,320.00
Engineer Tech 80 $47.00 $3,760.00
Cadd Draftsman 80 $25.00 $2,000.00
Code 161
DRAINAGE Project Manager 40 $95.00 $3,800.00
Project Engineer 80 $74.00 $5,920.00
Engineer Assist 160 $54.00 $8,640.00
Engineer Tech 160 $47.00 $7,520.00
Cadd Draftsman 160 $25.00 $4,000.00
Code 162
SIGNING AND MARKING Project Manager 20 $95.00 $1,900.00
Project Engineer 20 $74.00 $1,480.00
Engineer Assist 40 $54.00 $2,160.00
Engineer Tech 260 $47.00 $12,220.00
Cadd Draftsman 260 $25.00 $6,500.00
Code 163
MISC.ROADWAY(PLANS) Project Manager 100 $95.00 $9,500.00
Project Engineer 100 $74.00 $7,400.00
Engineer Assist 420 $54.00 $22,680.00
Engineer Tech 420 $47.00 $19,740.00
Cadd Draftsman 420 $25.00 $10,500.00
Code 170
BRIDGE Project Manager 20 $95.00 $1,900.00
Project Engineer 20 $74.00 $1,480.00
Engineer Assist 80 $54.00 $4,320.00
Engineer Tech 80 $47.00 $3,760.00
Cadd Draftsman 80 $25.00 $2,000.00
SUBTOTAL 4860.00 $245,560.00
REIMBURSABLE EXPENSES
COPIES $1.000.00
MISC.SUPPLIES $1,000.00
GRAND TOTAL $247,560.00
ATTACHMENT D
Direct Salary SchedVle
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 $05-$08/Hour
12 . Right of Way Agent $10-$15/Hour
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