HomeMy WebLinkAboutItem 06 - Undersized Waterline Replacement ProjectMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM /
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGERAC
NOVEMBER 18, 2003
ENGINEERING SERVICES CONTRACT
2004 UNDERSIZED WATERLINE REPLACEMENT PROJECT
City Council consider approving an Engineering Services Contract with Chiang, Patel &
Yerby, Inc. in an amount not to exceed $79,385.00 to design the replacement of
undersized water lines in designated areas of the City, authorize the City Manager to
execute said contract, and take any necessary action.
FUNDING SOURCE:
Funds are currently available in the Water PCMF Account No. 200-43360-534-0.
BACKGROUND:
Public Works staff initiated a study in 1988 to identify areas of Grapevine that did not
have water or sewer service or had facilities that were undersized. Several projects
have been initiated to address these areas such as Lake Forest Hills, Grapevine Lake
Estates and Canterbury Village, to name a few.
The engineering firm of Chiang, Patel and Yerby, Inc. has proposed to provide
engineering and survey services to design water line improvements that will bring
adequately sized water lines into four under -served areas. Many of the water lines are
constructed of two-inch galvanized steel, or ductile iron and have deteriorated to the
point they need replacement. They will be replaced with six-inch PVC lines. The lines
to be replaced are located in the Bellaire Addition, Sunshine Harbor Addition, Lucas
Addition and along Industrial Boulevard. The Industrial Boulevard line is an old AC line
that will be replaced with a 12" PVC line.
These replacement projects in developed areas are often challenging due to existing
facilities in the right of way that must be considered in the planning for the new lines.
The engineer proposed for this project has performed this type of work for Grapevine in
the past with very positive results.
Staff recommends approval.
O: \AGENDA\ 11-18-03\C P &Y
November 11, 2003 (2:22PM)
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LUCAS
ADDITION
S.H. 26
HIGHWAY
BELLAIRE
ADDITION
S.H. 121
SUNSHINE
HARBOR
ADDITION
Date:
THE STATE OF TEXAS )
CONTRACT
COUNTY OF TARRANT
THIS CONTRACT is made and entered into by and between the CITY OF GRAPEVINE, a
Texas municipal corporation, hereinafter referred to as "City", and CHIANG, PATEL &
YERBY, INC., a Texas professional corporation, whose local address is 1820 REGAL ROW,
SUITE 200, DALLAS, TEXAS 75235, hereinafter referred to as "Engineer". The terms of
this Contract shall be administered on behalf of the City by its Director of Public Works or
his designated representative, hereinafter referred to as "Director". The decision of the City
Council in all disputes shall be final and binding.
WITNESSETH:
The City hereby contracts for the services of Engineer to prepare construction plans,
details, specifications and special provisions for VARIOUS WATERLINE IMPROVEMENTS -
03/04 in the City of Grapevine, Tarrant County, Texas in accordance with the terms of this
contract.
a
121 {4 M71; 114,11FIZATKOIN
In accordance with guidelines established by the City of Grapevine Department of Public
Works, Engineer agrees to perform, or have performed, the field work necessary to
establish existing right-of-way, horizontal and vertical control; locate existing features,
waterline valves, boxes, and fire hydrants, sanitary sewer manholes, storm drain manholes
and curb inlets as required for design.
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SPECIAL SERVICES:
2.1 Proiect Inventory:
Certain field survey tasks can be accomplished during the concept phase of the
project to expedite the overall schedule and support concept options.
Compile Aerial Maps from existing City GIS for creation of a CADD based survey of
existing utilities and paving with associated field work for in -fill or necessary detail
such as specific tree survey information.
A. PRELIMINARY DESIGN
Engineer agrees to develop a Preliminary Design for review by City staff, and other affected
parties, prior to commencement of Final Design, as more particularly described below.
BASIC SERVICES:
2.1 Mapping & Surveys
See Special Services
2.2 Preliminary Waterline Design
2.3 Qualitv Assurance/Quality Control
2.4 Cost Estimates and Bidding Analysis
The validity of the preliminary design approach will be subjected to the Engineer's
QA/QC procedures and the resulting plan analyzed for its conformance to the project
budget and schedule prior to presentation to City staff for review.
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2.5 Plan Coordination
The preliminary plans will be reviewed with City staff to the extent appropriate so that
final design can begin with maximum concurrence and all necessary input.
SPECIAL SERVICES:
2.1 Mapping & Surveys
Completion of mapping, including additional on -the -ground data needed for final
design.
Right-of-way research and data gathering based on the selected alignment.
Preparation of Utility and Temporary Construction Easement Description and Exhibit
for easements as required for Industrial Blvd.
Commencement of design survey work necessary for construction documents.
III
Engineer agrees to prepare final construction plans, details, specifications, bidding
documents and special provisions as required for the CONSTRUCTION OF PROPOSED
WATERLINE IMPROVEMENTS to include design of WATERLINE for the full extent of the
project including those areas outside the public right-of-way which may be directly affected
by the proposed improvements and to coordinate with applicable public agencies for
necessary approvals and with franchised utilities for necessary relocation of their facilities
and to perform Basic Construction Phase Services as more particularly described below.
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BASIC SERVICES:
3.1 Construction Plans
Construction Plans shall consist of the plan sheets and details for water, paving
repairs and modifications to private property adjacent to the roadway and all
appurtenances thereto.
3.2 Bidding Documents, Specifications
Bidding Documents, Specifications and Special Provisions of Contract including
Engineer's Final estimate, Quantity Takeoffs and Construction Schedule.
Submittals required for final submission:
3 Sets of Bluelines (22" x 34") of complete construction plans
3 Sets of Specification and Proposal Book
4 Sets of Half Scale complete construction plans
1 Set of the entire construction plans on standard CD, preferably, or 31/2"
(1.44 mb) Floppy Disks utilizing the *.DWG format for use with AutoCAD
2004.
3.3 Permits and Approvals
Basic Services will include all necessary coordination of the final design with the City,
TxDOT, and GCISD,
All improvements shall meet or exceed current City of Grapevine design criteria.
IV
CONSTRUCTION
A. ADVERTISE, BID AND AWARD (Construction Phase Services)
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BASIC SERVICES:
4.1 Advertise and Coordinate Bid Process
Preparation of materials for advertisement of the project for bidding, organization and
execution of a pre-bid conference, distribution of addenda and response to bidders
inquiries.
4.2 Receive, Tabulate and Evaluate Bids
Make a recommendation to the City for award of a construction contract.
4.3 Construction Plans
Provide the City with one reproducible copy of the construction plans for the City's
use during the construction phase.
B. CONSTRUCTION (Construction Phase Services)
BASIC SERVICES:
4.1 Construction Administration
The Engineer will provide general administration services during construction which
will include the following:
Make periodic visits to the site (as distinguished from the continuous services of a
resident Project Representative) to observe the progress and quality of the executed
work to determine, in general, if the work is proceeding in accordance with the
Contract Documents. Prepare a report for each site visit to note progress and
conditions observed. Attend monthly or periodic progress meetings as requested by
the City to provide technical consultation and responses to requests for information
by the contractor.
Consult and advise with the City, issue instructions to the contractor requested by the
City, and prepare and issue routine change orders with City's approval.
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w?
Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill
test of material, equipment and other data which the contractor submits only as
required by construction contact documents.
Obtain and review monthly and final estimates for payments to contractors and
furnish to the City any recommended payments to contractors. Assemble written
guarantees which are required by the Contract Documents.
4.2 Construction Stakinq
See Special Services
4.3 Final Inspection
The Engineer will conduct, in company with the City, a final inspection of the Project
for compliance with the Contract Documents, and submit recommendations
concerning the City's acceptance of the Project and final paymentto the Contractors.
4.4 Record Drawings
The Engineer will prepare Record Drawings reflecting the final field conditions and
any changes to the construction plans required during the construction of the project.
The Engineer shall use information from the contractor, the City Inspector, and the
Engineer's staff to develop these Record Drawings. The Record Drawings shall be
submitted to the City Staff as follows:
1 Set of Reproducible Mylars (22" x 34") identified as Record Drawings with an
effective date.
1 Set of the entire construction plans on standard CD, preferably, or 31/2"
(1.44 mb) Floppy Disks utilizing the *.DWG format for use with AutoCAD
2004.
Record Drawings shall be delivered to the City within 60 calendar days of the Final
Acceptance of the project.
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SPECIAL SERVICES:
4.1 Construction Staking
(a) Basic Control
Engineer will provide vertical and horizontal construction control staking by
establishing a minimum of 8 benchmarks for the project.
(b) Construction Staking
It is our understanding that actual construction staking will be performed by the
contractor based on the construction plans and control 4.1(a) set by the Engineer.
However, should more detailed staking be required by the engineer such as that for
water or utilities, such staking may be performed under separate agreement.
V
TIME FOR COMPLETION
Engineer agrees to complete and submit all work required by City under FIELD SURVEY
WORK and PRELIMINARY DESIGN within 90 calendar days from the date of the written
authorization by director or his designee to proceed immediately following execution of the
contract. FINAL DESIGN/PLAN PREPARATION and all other work required under the
contract documents will be completed within 90 days calendar days from the date of written
authorization to commence said work by the Director or his designee after review and return
of the preliminary plans, provided however that either time -frame may be extended or
suspended due to delays in the right-of-way acquisition, reviews by agencies or franchised
utilities or other such matters beyond the control of City or Engineer, with the mutual written
consent of both parties.
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VI
COMPENSATION: SPECIAL SERVICES, BASIC, AND TOTAL ENGINEERING FEE
A. BASIC ENGINEERING SERVICES FEE
6.1 The BASIC ENGINEERING SERVICES FEE shall provide compensation for all
design work, drafting work, computations, and all other work required for the design
of this project, including Preliminary Phases and Basic Construction Phases
Services, except that work described under Section VI.B.6.1. below.
6.2.1 The basis for compensation shall be Lump Sum. The total maximum BASIC
ENGINEERING SERVICES FEE shall be FIFTY-THREE THOUSAND FOUR
HUNDRED FIFTY AND 00/100 ($53,450.00).
6.3 BASIC ENGINEERING SERVICES FEE shall be paid as follows:
(a) Upon furnishing satisfactory evidence of progress to City, Engineer shall receive up
to twenty (20) percent of the maximum BASIC ENGINEERING SERVICES FEE, as
shown in Section V.A.6.2 above, per month. The first monthly partial payment may
be requested by Engineer thirty (30) calendar days after the date of execution of the
Contract, and then monthly thereafter.
Should the Engineer furnish satisfactory evidence to the Director of Public Works
that his progress exceeds twenty percent (20%) of the total Engineering effort, as
defined by this Contract, the partial payment may be increased to a higher
percentage at the discretion of the Director of Public Works. In no case shall the
sum of the partial payments exceed Eighty-five percent (85%) of the maximum
BASIC ENGINEERING SERVICES FEE. The remaining fifteen percent (15%) of
BASIC ENGINEERING SERVICES FEE shall be paid as part of Basic Construction
Phase services incrementally as work progresses.
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(b) City reserves the right to delay, without penalty, any partial payment, when in the
opinion of the Director, Engineer has not made satisfactory progress on this design
of this project.
6.4 No items of work shall be included in the Basic Engineering Services Fee for
compensation except those items described in Section 11, PRELIMINARY DESIGN,
Section Ill., FINAL DESIGN/PLAN PREPARATION, and Section VI.A. BASIC
ENGINEERING SERVICES FEE of this Contract.
B. SPECIAL SERVICES FEE
6.1 The SPECIAL SERVICES FEE shall provide compensation to engineer for
FIELD/DESIGN SURVEY WORK as needed for initial establishment of control lines,
centerlines, elevations, location of underground utilities, and other field surveys
necessary for the design of this project including establishment of existing right-of-
way and easements and preparation of documents for proposed easement
acquisition. Also, non -salary expenses shall be paid under said SPECIAL SERVICES
FEE for reproduction costs, computer services, communication charges and pre -
authorized delivery charges as required for proper execution of the design of all
Phases of this project.
6.2 The basis for compensation for the above shall be hourly service rates. In no event
shall the maximum SPECIAL SERVICES FEE exceed TWENTY-FIVE THOUSAND
NINE HUNDRED THIRTY-FIVE AND 00/100 ($25,935.00) regardless forthe amount
of work required.
6.3 Payment for Special Services shall be on the basis of actual progress, invoiced
monthly to the City.
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6.4 For the purpose of budgeting, the separate major elements of Special Services are
estimated as follows:
Cost
On the Ground Design & Survey/Utility $20,685.00
Locations
Horizontal and Vertical Control and $2,750.00
Monumentation
Reimbursable Expense Budget (See Below) $2,500.00
6.5 No items of work will be included in the SPECIAL SERVICES FEE for compensation
except those items described in Section 1, FIELD SURVEY WORK; Section 11,
CONCEPTUAL/PRELIMINARY DESIGN; Section III, FINAL DESIGN/PLAN
PREPARATION; Section IV, CONSTRUCTION; and Section VI, SPECIAL
SERVICES FEES of this contract.
C. TOTAL ENGINEERING FEE
The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and the
BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE for this Contract
shall not exceed SEVENTY-NINE THOUSAND THREE HUNDRED EIGHTY-FIVE AND
00/100 ($79,385.00).
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M
OWNERSHIP OF DOCUMENTS
Upon acceptance and approval by City of Section III: FINAL DESIGN/PLAN
PREPARATION, mylar record copies of original tracings, preliminary plans, special
provisions, field notes, and any other related documents or items shall become the sole
property of the City of Grapevine and shall be delivered to City, without restriction on future
use. Engineer may make copies of any and all plans, field notes, and related documents for
his files.
Vill
8.1 After acceptance of the final plans and special provisions by City, Engineer agrees,
prior to and during the construction of this project, to perform such engineering
services as may be required by City to correct errors or omissions on the original
plans prepared by Engineer and to change the original design as required by such
errors or omissions at no additional compensation.
8.2 Redesign occasioned for the convenience of the City shall be at additional
compensation for Engineer. Any additional compensation shall be as negotiated
between Engineer and City and agreed upon in a separate or supplemental contract
after authorization by of the City Council.
8.3 Acceptance and approval of the final plans by the City shall not constitute nor be
deemed a release of this responsibility and liability of Engineer, its employees,
associates, agents, subcontractors and consultants for the accuracy and competency
of their Designs, Working Drawings and Specifications, or other Documents and
work; nor shall such approval be deemed to be an assumption of such responsibility
by the City for any defect in the Designs, Working Drawings and Specifications or
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other Documents prepared by engineer, its employees, associates, subcontractors,
agents and consultants.
8.4 Engineer agrees to defend, indemnify and hold City, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses including attorney's fees and collection costs for personal injury (including
death, property damage or other harm for which recovery of damages is sought that
may arise out of or be occasioned by the intentional or negligent breach of any of the
terms or provisions of this Contract by Engineer, its officers, agents, associates,
employees or subconsultants, or by any other negligent act or omission of Engineer,
its officers, agents, associates, employees or subconsultants, in the performance of
this Contract; except that the indemnity provided for in this paragraph shall not apply
to any liability resulting from the sole negligence of City, its officers, agents,
employees or separate contractors, and in the event of joint and concurrent
negligence of both the Engineer and City, responsibility, if any, shall be apportioned
comparatively in accordance with the laws of the State of Texas, without, however,
waiving any governmental immunity available to the City under Texas law and
without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.
IY
INSURANCE
Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum
insurance during the term of this Contract:
9.1 Worker's -Com pen sation and Employers' Liability. This insurance shall protect the
Engineer and his subcontractors against all claims under applicable state workers'
compensation laws. The insured shall also be protected against claims for injury,
disease, or death of employees, which, for any reason, may not fall within the
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provision of a workers' compensation law. This policy shall include an all -states
endorsement. The liability limits shall not be less than:
Workers' Compensation Statutory
Employers' Liability $500,000
9.2 Comprehensive General Liability This insurance shall be an occurrence type policy
written in comprehensive form and shall protect the engineer and his subcontractors
and the additional insureds against all claims arising from bodily injury sickness,
disease or death of any person other than the Engineer's employees or damage to
property of the City of Grapevine or others arising out of the act or omission of the
engineer or his subcontractor or their agents, employees, or subcontractors. This
policy shall also include protection against claims insured by usual personal injury
liability coverage, a (protective liability) endorsement to insure the contractual liability,
broad form property coverage, xcu, premises/operations, and independent
contractors.
Bodily Injury $1,000,000 per occurrence
Property Damage $2,000,000 aggregate
9.3 This insurance shall be written in the comprehensive form and shall protect the
provider, the Engineer and his subcontractors and the additional insured against all
claims for injuries to members of the public and damage to property of others arising
from the use of motor vehicles, and shall cover operation on and off the site of all
motor vehicles licensed for highway use, whether they are owned, non -owned, or
hired. The liability shall not be less than:
Bodily Injury
Property Damage $1,000,000 Combined Single Limit
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9.4 Professional Liability coverage of not less than $1,000,000.00 single limit. The
Engineer shall maintain coverage for at period of no less than two (2) years from the
date of project completion.
9.5 The cost of all insurance required herein to be secured and maintained by Engineer
shall be borne solely by Engineer, with certificates evidencing such minimum
coverage in force to be filed with the City. Such certificates shall provide that City
shall receive 30 days prior written notice of any cancellation, change or reduction in
coverage.
CONTRACT TERMINATION
In connection with the work outlined in this Contract, it is agreed that the Director may
cancel or indefinitely suspend further work by written notice to Engineer with the
understanding that immediately upon receipt of said notice all work and labor being
performed under this contract shall cease immediately. Before the end of a thirty (30) day
period following such notice, Engineer shall invoice the City for all work completed and shall
be compensated in accordance with the terms of this Contract for all work accomplished by
Engineer prior to the receipt of said notice, and approved by Director. No payment shall be
made by City to Engineer for lost or anticipated profits. All plans, field surveys, maps, cross
sections and other data related to the project shall become the property of City upon
termination of this Contract. Nothing herein shall deprive City of its right to terminate this
Contract for breach of same by Engineer and City retains its right to any and all remedies it
may have, at law or at equity, to strictly enforce the terms of this Contract, included, but not
limited to, its right to seek specific performance of the terms hereof. In case of any default
by Engineer, City shall notify Engineer in writing of same. If Engineer does not remedy the
default within ten (10) days of said notice, City may terminate this Contract for cause and/or
pursue any legal remedy it may have against Engineer.
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YX
This Contract is entered into subject to the Charter and Ordinances of the City of Grapevine,
as amended and applicable Federal and Texas State laws. The provisions of this Contract
shall be construed in accordance with the laws and court decisions of Tarrant County and
the State of Texas; and exclusive venue for any litigation which may be filed by either party
hereto in connection with this Contract shall be in Tarrant County, Texas.
X11
ASSIGNMENT
This Contract shall be deemed personal to Engineer and in no event shall be sublet or
assigned without written approval of City.
10-a
RIGHT
• REVIEW; INDEPENDENT CONTRACTOR I
Engineer agrees that City may review any and all work performed by Engineer on this
project. The relationship of Engineer to City is that of Independent Contractor.
x1v
NONDISCRIMINATION
As a condition of this Contract, Engineer covenants that he will take all necessary actions to
insure that, in connection with any work under this Contract, Engineer, his associates and
subcontractors, will not discriminate in the treatment or employment of any individual or
groups on the grounds of race, color, religion, national origin, age, sex, or handicap
unrelated to job performance, either directly, indirectly, or through contractual or other
arrangements. In this regard, Engineer shall keep, retain and safeguard all records relating
to this Contract or work performed hereunder for a minimum period of three (3) years from
final Contract completion, with full access allowed to authorized representatives of the City,
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upon request, for purposes of evaluating compliance with this and other provisions of the
Contract.
XV
FINANCIAL INTEREST PROHIBITED
Engineer covenants and represents that Engineer, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or
required for the construction of the project.
XVI
a E
•
The Engineer shall maintain, and the City shall have the right to examine books, records,
documents, and other evidence and accounting procedures and practices, sufficient to
reflect properly all direct and indirect costs of whatever nature Claimed to have been
incurred and anticipated to be incurred in the performance of this Contract. Such right of
examination shall include inspection at all reasonable times of the Engineer's offices or
facilities, or such parts thereof, as may be engaged in the performance of this Contract.
XVII
NOTICES
All written notices and correspondence given to City by Engineer shall be mailed or
delivered to the City of Grapevine, Director of Public Works, 200 South Main Street, P.O.
Box 95104, Grapevine, Texas 76099. All written notices and correspondence from City to
Engineer shall be mailed or delivered to the Engineer as follows:
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John Levitt, PE
Chiang, Patel & Yerby, Inc.
1820 Regal Row, Suite 200
Dallas, Texas, 75235
EXECUTED this the - day of
signing by and through the City Manager,
,20 _, the CITY OF GRAPEVINE
adopted by City Council on and
signing by and through its
has caused this instrument to be executed by its duly authorized
officials.
0
CITY OF GRAPEVINE
City Manager
Roger Nelson
APPROVED BY CITY COUNCIL ON
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Chiang, Patel& Yerbyy, Inc.
By:
Senior Vice President
Edward M. Motley, PE