HomeMy WebLinkAboutRES 84-087 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMO NT s
THAT the City Manager be, and he is hereby , authorized to enter into
an agreement with Schaumburg and Polk , substantially in the form
attached hereto as Exhibit "A" , to make a survey and an analysis of
existing sewers installed prior to 1973 and develop a master plan for
the system to be used as a guide in determining the size and location
of future improvements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of � , 1984.
- Mayor -
AGREEMENT FOR FN(',INF:FPING SERVICES
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT
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 Schaumburg & Polk, Inc. Consulting Engineers,
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
below designated Project for the City of Beaumont.
I. GENERAL
A. Detailed Project Description
1. A Master Plan for Wastewater Collection and Treatment Facilities is to
be developed. Major considerations in the plan will be design flow
rates, growth area analysis, growth area major facility needs, flow
analysis of existing interceptors, inventory and condition survey of
existing interceptors, analysis of sewage treatment facility needs, and
the development of a formula for City participation in oversized
sewers.
2. Relocation/construction of a new 36" interceptor to replace the existing
36" interceptor located under I-10 from north of the I-10/Hwy. 69 inter-
section to the 23rd St. Lift Station, approximate length of 12,000 feet.
3. Reconstruct/rehabilitate the existing 60" interceptor which extends from
Cardinal Drive North to the intersection of 11th St. and Washington
Blvd.
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e—f i1 f7 exhibit "A"
4. The Master Plan will develop a plan of additional improvements to be
constructed. This agreement shall provide for the furnishing of
engineering services in connection with these improvements which are
hereinafter called the "PROJECTS".
B. The Engineer shall not commence work on the Master Plan or the subsequent
PROJECTS until he has been notified in writing to proceed.
C. The Engineer, in consideration of the compensation mutually agreed to, shall
render all professional services necessary for the development of the Master
Plan and the subsequent PROJECTS to final completion, as provided in this
agreement.
II. BASIC SERVICES
The Engineer shall perform the following Basic Services under this contract
in four (4) Phases, namely, (1) Master Planning Phase, (2) Preliminary Design
Phase, (3) Final Design Phase, and (4) the Construction Phase.
A. Master Planning Phase
After written authorization to proceed with the Master Planning Phase the
Engineer__shall-
1. Prepare a Master Plan for the City of Beaumont' s Wastewater Collection
and Treatment Facilities in accordance with Attachment A - Master
Planning Tasks.
2. Furnish twenty (20) copies of draft plan for review.
3. Attend public meeting for presentation of draft plan.
4. Revise draft plan and submit twenty-five (25) copies of final report.
B. Preliminary Design Phase
After written authorization to proceed with the Preliminary Design Phase on
any subsequent Project or groups of Projects, the Engineer shall :
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1. Meet with City officials to determine the City's requirements for the
Project.
2. Determine the location of all existing utility facilities affecting the
Project. Engineer shall identify particular problems and conflicts
arising from such utility facilities affecting the Project and shall
make recommendations to the City with respect thereto.
3. Prepare a preliminary plan and supporting documents for the Project
including schematic layouts and drawings in sufficient detail to
determine Project feasibility and cost estimates of the various
components or portions of the Project, including any anticipated
right-of-way needs.
C. Final Design Phase
After written approval of the Preliminary Design Phase and authorization to
proceed with the final design stage the Engineer shall :
1. Furnish all data required by the City for the development of any
applications or supporting documents for State or Federal Government
- permits, grants,-or-planning-agency; provided that-such data shall not
extend beyond that actually developed in the performance of other
provisions of this contract.
2. Prepare detailed contract documents including all drawings,
specifications, instructions to bidders, general provisions, proposal
and any other document necessary for the City to advertise for bids.
3. Prior to the actual printing and delivery of the final contract
documents, three (3) advance copies shall be submitted to the City for
approval. When approval has been obtained, the Engineer shall proceed
with the final development of the contract documents.
4. Furnish as a part of the Engineer's basic fee not more than twenty (20)
sets of contract documents.
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5. Attend the 2-Bid Conference if scheduled by the City to provide
clarification and interpretation .to bidders; upon the direction of the
City issue contract documents for bidding purposes; receive and record
plan deposits; prepare, issue and deliver all addenda required to
perfect the bid documents; maintain a record of issuance and receipt of
same. All returned sets of bidding documents shall be available to the
successful bidder and subcontractors, not to exceed the number of
bidding documents referred in 4. on the previous page.
6. Attend the formal opening of bids by the City and tabulate and furnish
to the City an original and two (2) copies of the bid tabulation
together with a written recommendation regarding the award of the
contract.
D. Construction Phase
The Engineer shall :
1. Attend a Pre-Construction Conference with the representatives of the
interested City Departments and the Contractor.
2. Obtain from the construction Contractor, and deliver to the City, all
manufacturers' warranties or bonds on materials and equipment
incorporated in the Project for which such warranties or bonds were
requested by the specifications.
3. Furnish a Project Manager to make periodic visits, at least two times
each month to the site to observe as an experienced and qualified design
professional , the progress and quality of the executed work, and to
determine in general if the work is proceeding in accordance with the
plans and specifications and submit monthly reports relating to such
visits. The Project Manager's efforts will be directed towards
providing assurance for the City that the completed Project will conform
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to the plans and specifications. The Project Manager shall report to
the City any deficiencies in the- work actually detected by the Engineer.
During such visits and on the basis of on-site observations, the Project
Manager shall consult and advise the City during construction.
4. Review and approve shop drawings furnished by the construction
Contractor for design compliance.
S. Review and approve all laboratory, shop and mill tests of materials for
compliance with design specifications.
6. Review and approve equipment required to be submitted and tested by the
plans and specifications for compliance with Project design and
performance specifications.
7. Develop, at the request of the City, any changes, alterations, or
modifications to the Project which appear to be advisable and feasible
and in the best interest of the City. The Engineer shall recognize that
any such change may affect one or more of the various utilities and
every effort shall be made to avoid creating a conflict because of the
change. _ The Engineer shall obtain the Contractor's price for the
proposed alteration prior to submitting it to the City for its approval .
No work shall be authorized to be done by the Contractor which is not
part of the contract documents prior to receipt of the City's approval
of the "Field Alteration Request".
8. Review monthly estimates and approve final estimates for payments to the
Contractor.
9. Observe the initial start-up of the Project and the necessary
performance tests required by the specifications of any machinery or
equipment installed in and made a part of the Project. The Engineer
shall advise the City representatives if in his opinion the machinery or
equipment is not operating properly.
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10. The EngineE shall issue a certificate of completion to the City when,
in his opinion, all of the work .is substantially complete.
11. Perform in company with City representatives an inspection of the work
as finally in place and proposed to be completed by the construction
Contractor for "Conditional Approval" and "Final Acceptance" by the
City.
12. The Engineer shall furnish upon completion of the Project by the
Contractor one set of reproducible prints on "Mylar" material or an
approved equal , showing all items of work actually installed in the
Project, hereinafter called the "Plan of Record
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. Perform any necessary field surveys and, where necessary, site topography
required to collect information needed in the design of the Project.
B. Plan and coordinate foundation investigations, soil borings, and other tests
required for design of the Project.
C. Perform field surveys to collect information required for the location and
acquisition of rights-of-way or easements and furnish sketches and maps of
same as required.
D. Perform all staking and preparation of cut sheets as deemed necessary by the
Engineer and as requested by the Contractor in accordance with provisions of
the project contract documents.
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E. Furnish the ser. .ces of resident Project Representatives, and other field
personnel, for continuous on-the-site' observation of construction and for
the performance 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 report their findings
to the Project Manager and/or Contractor. The Project Manager will use a
reasonable degree of care and prudent judgement 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. The Resident Project Representative shall maintain a
daily record of Project activity. The daily record shall contain, but not
be limited to: Contractor's personnel and equipment, items of work being
done, weather conditions and any instructions received from the Project
Manager. The daily record shall become a part of the "Plan of Record"
submitted at completion of the Project.
F. 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 engineering data and reports or depositions and consulting
with the City or its attorneys.
G. Preparation of any special reports, applications for permits or grants, and
appearances before any regulatory agencies or public hearings not included
in Section II.B.1.
H. Any revisions of previously approved work including but not limited to bid
documents, drawings or specifications.
I . Any travel and subsistance to points other than Engineer's or City's Offices
and Project site.
J. Making copies of bid documents, final construction drawings and
specifications in excess of twenty sets.
K. Preparation of exhibits or scale models.
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L. Soil and foundation investigations and construction materials testing
including field and laboratory tests, borings, related engineering analysis,
and recommendations.
M. 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.
N. Providing services after issuance of the Certificate of Completion.
IV. COORDINATION
A. The Engineer shall hold periodic conferences with the City 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.- --
B. 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 in the work of the Contractor, or any development that affects the scope
or timing of the Engineer's services.
C. 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
the 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 in this contract.
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D. 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. Basic Services
1. Master Planning Phase - The basis of compensation for Tasks 1 , 2, 3, 4,
6, 7, and 8 of the Master Planning Phase shall be a lump sum fee of
$25,040. The basis of compensation for Task 5 of the Master Planning
Phase shall be the direct charge schedule (Attachment B) plus Engineer' s
direct salaries times a factor of 2.48, with a not to exceed fee for
Task 5 of $24,300.00.
2. Preliminary Engineering Services, Design Engineering Services, and Con-
Struction Engineering Services; Projects I.A.2 and I .A.3:
------a. -- For--and--in- cons-ideration of- the services to be -rendered by--the
Engineers, the Owner shall pay, and the Engineers shall receive, the
fees hereinafter set forth for the various phases of the work . The
fee for each separate phase shall be based on the "Construction
Cost" of the projects authorized by the Owner and handled by the
Engineers in accordance with this Agreement. "Construction Cost" is
defined as the total cost of the projects 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 including 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 any others for the Project and included in
the work authorized.
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The fees for the services rendered under each phase of -the work as
heretofore set Forth shall he as follows, depending on "the percentage of
cost of construction:
Preliminary Final Construe- Total
Construction Design Design tion Basic
Cost Phase Phase Phase Fee
Less than $ 200,000 Direct salaries times a factor of 2.48
$ 200,000- 300,000 1.22% 4.85% 2.03% 8.1%
300,000- 500,000 1.18% 4.70% 1.97% 7.85%
500,000- 750,000 1.14% 4.59% 1.90% 7.63%
750,000- 1,000,000 1. 12% 4.48% 1.86% 7.46%
1,000,000- 1,500,000 1.08% 4.32% 1.78% 7.20%
1,500,000 2,000,000 1.06% 4.24% 1.77% 7.07%
2,000,000- 2,500,000 1.04% 4.17% 1.74% 6.95%
2,500,000- 3,000,000 1.03% 4.14% 1.72% 6.89%
3,000,000- 3,500,000 1.02% 4. 10% 1.70% 6.82%
More than $3,500,000 1.02% 4.05% 1.69% 6.76%
( In no case shall the fee for the work within a certain bracket be less than the
maximum fee computed under the next lower construction bracket. )
b. Payments on account of said fee for basic services provided shall be
made monthly in proportion to that portion of the services in each
phase which has been accomplished, as evidenced by statements
--submitted-by-the Engineers to the-wner and approved by him.
c. Other considerations:
(1) Project construction cost to be used as a basis for payment
under Paragraph V.B. (2) shall be based on one of the following
sources with precedence in the order listed:
(i ) Total cost of projects as designed or specified by the
Engineers including materials, labor and equipment.
(ii) The lowest acceptable bona fide contractor's proposal .
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The Engineers' most recent cost estimate for the project.
All materials, labor or 'equipment furnished by the Owner
shall be included at fair market value.
(2) The Project construction cost does not include the Engineers'
fee, the cost of the land, right-of-way, or compensation for
and/or damages to property unless this Agreement so specifies,
nor does it include the Owner's legal accounting, insurance
counseling services or interest charges incurred in connection
with the Project.
(3) If any portion of the Project is not bid or put under contract
for a period of twelve (12) months after completion of the final
design phase, the Engineer's compensation under Paragraph
V.B.(2) shall be based on one of the following sources with
precedence in the order listed:
(i) Lowest acceptable bona fide contractor's proposal for such
portion of the Project.
(ii) The Engineers' most recent cost estimate for such portion
of the Project.
(4) No deduction shall be made from the Engineers' compensation on
account of penalty, liquidated damages, or other amounts
withheld from payments to Contractors.
3. Additional Services - Compensation for Additional Services that are
authorized by the City shall be determined based on the rates noted in
Attachment B plus direct salaries times a factor of 2.48.
4. Payment will be made within ten (10) days after submittal of the request
for payment for work performed. Payment shall be considered past due
fifteen (15) days after submittal.
5. A past due charge of 1.3% per month will be added to all statements past
due for more than thirty (30) days.
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6. The City re:�erves the right to make an audit of charge claimed for all
phases of this contract for services.
VI. REVISIONS TO DRAWINGS AND SPECIFICATIONS
The Engineer shall make such revisions to the Preliminary Phase as may be
required to meet the needs of the City. Any revisions, additions, or other
modifications made at the City's request after approval of the Preliminary Phase
which involves extra services and expenses to the Engineer shall be subject to
additional compensation to the Engineer for such extra services and expenses.
VII. 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
services. 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 Engineer. Any such verification or
adaptation may entitle Engineer to further compensation at rates to be agreed
upon by the City and Engineer.
VIII. 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
orders 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 which the service
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actually performed under this Agreement that is applicable and useable for
this project, less such payments on account of the charges as have been
previously made. Copies of all completed or partially completed design
plans and specifications 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 VII.
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.
IX. 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.
X. EQUAL EMPLOYMENT OPPORTUNITY
The Engineer agrees not to engage in employment practices which have the
effect of discriminating against any employee or applicant for employment; and,
will take affirmative steps to ensure that applicants are employed and employees
are treated during employment without regard to their race, color, religion,
national origin, sex, age, handicap, or political belief or affiliation.
XI. ASSIGNMENT OR TRANSFER OF INTEREST
The Engineer shall not assign or transfer its interest in the contract
without the written consent of the City.
XII. 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
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or Construction Cos. provided for herein are to be made on the basis of his
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.
XIII. 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 or employee.
XIV. ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement between the
City and Engineer and supersedes all prior negotiations, representations, 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 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 John T. Polk
thereunto authorized - President -, does now sign, execute and deliver this
document.
DONE at Beaumont, Texas, on this day of A.D.
1984.
ATTEST: If Corporation. Y �%� Y12/xv
Off ial Title
ATTEST: CITY OF BEAUMONT
BY
City Clerk City Manager
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ATTACHMENT A
MASTER PLANNING TASKS
Task 1 - Design Flow Rates - Calculate design flow rates (gal/ac/day) for
various types of development areas (single family, high density, etc. )
Task 2 - Growth Area Analysis - Perform an analysis of potential growth areas
within the City and its Extra Territorial Jurisdiction.
Task 3 - Growth Area Major Facility Needs - Determine type and size of major
facilities needed to serve Growth Areas.
Task 4 - Flow Analysis of Existing Interceptor Service Areas - Perform an
analysis on the existing interceptor and lift station system to
determine the adequacy of the system based on present and anticipated
flows.
Task 5 - Inventory and Condition Surve of Existin Interceptors Field inspect
approximately fiftee__n__F1_5T miles of the fifteen inch 15") and larger
concrete interceptor system constructed prior to 1971. Prepare a
schedule of anticipated line usefulness, line replacement schedule,
possible-T—ine rehabilitation methods, and cost estimate for
construction.
Task 6 - Analyze Sewage Treatment Facility Needs - Provide an overview of future
treatment requirements in regard to anticipated flows, organic
loadings, and effluent requirements. Prepare a tentative time schedule
for considering future needs.
Task 7 - Develop Formula for City Participation in Oversized Sewers - Develop a
formula for determination of City participation in oversized sewers.
Task 8 - Draft Report/Public Meeting/Final Report - Prepare twenty (20) copies
of draft report for review. After public meeting, revise draft report
as needed and publish twenty-five (25) copies of final report.
Schaumburg & Polk, Inc.
C 0 \ S l L 7' I % G E \ G 1 % E E Q S
ATTACHMENT B
Direct Fee Schedule
Computer = 20/hour
Computer aided
drafting system 20/hour
Electronic measuring
equipment = 64/day
Transportation = .21/mile
Consultation (to be authorized
by City) Cost plus 10%