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HomeMy WebLinkAboutRES 83-177 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 an agreement with Phelan Investments, in the form attached hereto as Exhibit "A" , for participation in the cost of paving 1620 feet of Willow Bend Drive in Willow Creek Country Club Estates at a total estimated cost to the City , including engineering, of approximately $96,849 .50. BE IT FURTHER RESOLVED, that the City Manager be, and he is hereby , authorized to enter into an agreement with Kohler and Kohler, consulting engineers, in the form attached hereto as Exhibit "B" , for the necessary engineering service for the project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 �3 . - Mayor - ,P3- 177 ` AGREEMENTO•FOR. ENGINEERING SERVICES PUBLIC IMPROVEMENTS•. ., HL•' STATE OF TEXAS X COUNTY OF JEFFERSON THIS AGREEMENT made, entered into and executed this the day of , 19 �, y and between The City of Beaumont, Je ferson County, Texas., acing herein, by and through the City Manager who is duly authorized to so -act for and in be- half of said City of Beaumont by- Resolution dated the day of , 19-4S S , of the City Council, hereinafter ca e e Owner anal . 'Kohler & Iokil er , Civil Engi- neer, hereinafter called the ' E.ngineer. WITNESSETH,, that whereas •in accordance with a resolution. dated the .:day of , 19 = , the Owner iri- tends to join:with. r,, , a land owner in the said city, in t e con stnrnuc, tion .of certain street improverients for the constYuction of *on Fillo�� Rend naive,:Aeaumont ,_Texas. :. FLH21 such improvements are hereinafter c.alle2l the Project. NOW THEREFORE, the Owner and the Engineer in consideration of the mutual covenants 'and agreements herein contained do mutual- ly agree as follows: 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 hav- ing rendered such services, the Owner agrees to pay to the Enginee compensation as stated in the sections to 'follow: SECTION II - CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional ser- vices necessary for the development of, the Project. A.• Design Phase: (1) Attend preliminary conferences with the Owner as • •necessary to fully, define• the nature and scope of the Project, (2) Provide consultation and 'advice as to the neces- sity of providing or obtaining other services such as property, boundary, and right of way surveys, core borings, probings• or sub- surface exploration, laboratory testing and inspection of samples or materials, other special consultation, and act as the -Owner' s ' representative in connection with any ' such services. (3) Prepare detailed contract drawings and specifica- tions 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 tc the applicable state and federal agencies for approval. (4) Prepare detailed cost estimates and proposals of authorized construction' 'which shall include summaries of bid items and quantities based, 'Insofar as practicable, on the unit price system of bidding. ' The Engineer shall. not be- required to gu-aran- tee •the accuracy ;of those estimates. EXHIBIT "A.. (5) .nish to the Owner all r, -t- sary copies of ap- proved plans, specifications, notices to bidders, and proposals, (all sets of plans in excess of - 20 are to be paid for separately) . (6) Assist the Owner in the Advertisement of the Pro- ject for bids. ` (7) Assist the Owner in the opening and tabulation of e bids for construction on the project, and recommend to the Owner as to the proper action on all proposals received. (8) Assist in the preparation of formal contract docu- ments for the 'award of contracts. B._ Construction Phase: (1) Perform general engineering observation of autho- rized construction (as distinguished from continuous resident field inspection) including periodic visits of the Engineer to the site of construction. - In the administration of the project, the ' Engineer will endeavor to -protect the Owner against defects and deficiencies in the,�work of contractors but does not guarantee the performance of their contracts. (2) Consult and advise with the Owner -during construc- tion. (3) Make the services of a. Registered Professional En- gineer available for consultation and advice on construction. � . (4) Check shop or working drawings furnished by con- st tractors. i (5) Review all laboratory, shop and mill tests of na--; terials ' and equipment for compliance with. specifications. (6) Prepare monthly and final estimates for payments to contractors and furnish to the Owner any necessary certifica- tions as to payments to contractors and suppliers. (7) Supervise initial operation of.the Project, and supervise the necessary performance tests required by specifica- tions. (8) Perform, . in company with the Owner' s represents) Lives, a final inspection of the Project. (9) Revise contract drawings to show the work as' actu- ally constructed, and furnish the Owner with one set of reproduci- ble drawings. . r • SECTION -111 - PERIOD OF SERVICE The Engineer will proceed with* the performance of the services called for in Section II A (Design Phase) of this agree- • ment so as to deliver completed plans, specifications, and esti- mates of cost for all authorized construction on the Project with- in a reasonable time. Following the award by the Owner of a con- struction contract or contracts, the Engineer will proceed.-with the performance of the services called for -in Section II B (Con- struction Phase) • of this agreement. ' This agreement shall remain in ,force for a period• which may reasonably be required for the design, award of contracts and i construction of the Project including extra work and any required extensions. thereto. ! r SECT N• IV - COORDINATION WITH 3E OWNER The Engineer shafll hoid periodic conferences with the Owner or his representatives to the end. that -the Project, as perfected, shall have full benefit of the• .bwner' s experience and knowledge of existing needs and facilities, and be• consistent with his current policies and construction standards. To implement this corrdina tion, the Owner shall make available 'to the Engineer, for the 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 V - FEES 1. Basic Fees q For and in consideration of the services to be rendered by the -Engineer, the Owner shall pay, and the Engineer shall re- ceive, the fees. hereinafter set forth for the Design and' Construc- tion Phases of the work. The fee for Bach separate phase- shall be' based on the "construction cost" of. all work authorized by the Owner and handled by the Engineer in accordance with this agree- ment. "Construction Cost" is defined as the total cost of the exaCution of the work authorized .and Handled in each separate phase, excluding fees for engineering and legal services, cost of land, rights of. way, damages and administrative expenses, but in- cluding the direct cost of all items of construction required for the completed work (including extras) and the actual value of all labor, materials and equipment purchased' or furnished directly by the Owner or ahy others for the Project and included in the work authorized. • The fees for the services rendered under each .phase of the work as heretofore set forth shall be as follows: ** . Design Phase-------- 8. 5% of Construction Cost Construction Phase - 1.'5$ of Construction- Cost 2. 'payment A. Partial payments for services in the -Design Phase shall be made monthly, based on the Engineer' s estimate of the "Construction Cost" of the work as approved by the Owner. Pay- ments will be made in proportion to that- part .of the services in the Design Phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer to the Owner and ap- proved by him. Such partial payments shall continue until com- pleted contract drawings and specifications have been submitted and approved by the Owner, at which time a •total of 90% of the fee for this phase shall be -due and payable, based on the Engi- neer' s estimate of "construction costs. " On any 'project for which bids are received within one hundred eighty (180) days after the plans and specifications have been filed with- the Owner by the Engineer, the lowest acceptable t bid received by the Owner shall be used as the true basis upon which the fees are calculated for the Design :Phase. In the event payments previously made to the 'Engineer exceed the true fee, the Engineer agrees to reimburse the Owner for such excess payments. In the event the payments that have r ' been made to the Engineer do not equal the true fee, then the Owner- agrees to pay the Engineer such an amount which will in- crease the total payments to a sum equal to the true fees for the Design Phase. j Should the project for which detailed plans and speci- fications have been prepared, not have been advertised for bids F at the end of one hundred eighty {180) days, after acceptance by the Owner of the completed plans and specifications, then final payment of the fee for the Design Phase shall be paid by the 'Owner i to the Engineer based on- the Engineer' s estimate of construction -3- k�� /�, **The City' s engineering costs to be limited 'to 10% of only that portion of construction costs over and above a residential street. costs as hereto Le -defined. �� . B. Payment for work in the bo'nstruction Phase will be paid in monthly installments'. in proportion to the construction work completed, on the basis of the- Engin'eer's monthly construc- tion cost estimates, plus the actual value of all labor, materials and equipment purchased or furnished directly by the Owner for the .. Project. Upon completion of •all wprk: authorized in the construc- tion Phase, the Engineer will be paid the remainder of the fee for this phase and a final adjustment shall be made so that the total of the fees under the Design Phase and Construction Phase shall be equal to the total fees for these services *as heretofore set forth on actual "Construction Cost" including all extras. No reduction shall be made from the percentage fee on account of penalty or liquidated damages or other sums withheld from contractor' s pay ments. SECTION ;VI - OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data ar+e and remain the property of the Engineer :as. instruments of service, but the Engineer will ' ' 1l furnish. to the Owner reproducible copies of drawings, and copies of other documents, as may be required by the Owner. , SECTION VII - GENERAL CONSIDERATIONS A. Termination: This agreement may be terminated by either party by thirty (30) days written notice. If this agreement is -so terminated upon completion of any phase of the Engineer's services, the progress payments to be made in accordance with 'Section V-2 on account of that and all prior phases shall constitute total payment for services rendered. : If terminated during any phase of the work, the Engineer shall be paid for services performed during such phase on the basis of his reasonable estimate of the portion of such phase completed prior to termination. In the event of any termination, the Engineer shall be paid all terminal expenses resulting. therefrom. Copies of all completed or partially completed designs, plans and speci- fications prepared under the agreement shall be delivered to the Owner when and if this agreement should be so terminated, subject to the provisions of Section VII herein. . B. Estimates; Since the. Engineer has no control over the 'cost of labor and materials, or over competitive bidding and market con- ditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications but the Engineer does not. guarantee the accuracy of such estimates as compared to 'the Contractor's bids or; the Project construction E cost. •. . C. Insurance: , The Engineer shall secure and maintain such insurance as will protect. him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. y { D. Successors and Assigns: • The Owner and the Engineer each binds himse* and his partners, successors, executors, administrators and assigns to. • the other party of this agreement and to the partners, successors, , -4- executors, administrators and assigns of such other party, in re- spect to all covenants. of this• Agreement; except as above, neit2i- er the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreemen't' without the written consent of the other. No thing herein shall be construed as creating any perso- nal liability on the part of any officer or agent of any public k body which may be a party hereto. ' IN TESTI14ONY OF WHICH this instrument has been executed by the above .named Engineer and has been executed on behalf of the Owner, in duplicate each of equal force, on - the day and year first above written.. THE CITY OF BEAUMONT By City Manager ATTEST: F3 By City C er Engineer ATTEST: KOHLER & KOHLER ENGINEERS as Carl W. *Kohler, Manager By . . Secretary. 1 i t -5- F AGREEMENT The City of Beaumont, Jefferson County, Texas and Mr. M. A. Phelan, a land owner in said City, are mutually interested in the paving of Willow Bend Drive for a length of approximately 1,620 feet, designated as a residential collector, the cost of which is to be allocated according to the current Participation Policy of the City of Beaumont. It is agreed that : : 1. Upon approval of the plans and specifications for the project by the Legal Department and the Public Works Department the City of Beaumont will receive bids for the construction of the aforementioned street . 2. Mr. M. A. Phelan wi l l place in escrow the amount required for his share of the construction upon notification by the City. The amount of Mr. Phelan's share to be placed in escrow will be determined after bids are received by the City. A sketch depicting these improvements is attached hereto and made a part of the Agreement . ATTEST: THE CITY OF BEAUMONT i i By: City Clerk City Manager {fs' F 1 Date: M. A. PHE LAN F B .�rlJ y' • ' E E 6 EXHIBIT "B" i