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HomeMy WebLinkAboutResolution No. 2014-091 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014-.091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND RLM EARTH CO FOR THE LION'S CLUB POND DESILTING PROJECT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: RLM Earth Co for Desilting of the Lion's Club Park Pond project. WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with RLM Earth Co, Inc. which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay $202,981.51 with a total approved budgeted amount not to exceed $225,000 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Professional Services Agreement which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount of$202, 981.51 in a total amount not to exceed $225,000, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED,APPROVED and EFFECTIVE this 16th day of December, 2014. rA 1ES I• Jade McCou y, Mayor 1 4“/ f/City of The Colony, Tex Christie Wilson, City Secretary APPROVED AS TO FORM: illr ,,,"'14 a The,--- rt Jeff City Attorney _V� <O.t SEAL = TE X A '` UKIblIVAL STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the /till/ day of jelinjOA_ in the year 2014 by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called OWNER)and RLM EarthCo, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The scope of work consists of the necessary care of water, erosion control measures and earthwork to desilt the 1 acre Lions Club Park Pond located at the southeast corner of Nash and Mayes and any other work deemed necessary by the City of The Colony. Approximately 4,040 cubic yards of material must be removed and disposed of with this project. All of the above shall be done in accordance with TxDOT and NCTCOG specifications with the City of the Colony's Addenda and as per instructions of the City of The Colony City Engineer. All construction sequencing and barricading will be done according to the City of The Colony Standards. The opinion of probably construction cost for the overall project is $180,000. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: LIONS CLUB POND City of The Colony BID #50-15-01 LIONS CLUB POND Article 2. ENGINEER. The Project has been designed by the City of The Colony Parks and Recreation Department. The Bidding and Contract Documents have been established by the City of The Colony Parks and Recreation Department. Contract administration will be provided by the City of The Colony Parks and Recreation Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be completed within 90 calendar days, including 5 inclement weather days, from the date when the Contract Time commences to run as provided in Item 103.6 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5.4 of the General Provisions. 0 Calendar days, which s that all work awarded will be completedy , BIDDER agrees within 9 includes 5 inclement weather days, for this project. The Contractor will submit written documentation to the Construction Inspector assigned by the City to document inclement weather days. Additional inclement weather calendar days will be added to the contract only if the 5inclement weather days included in the bid have been approved. Contract time will commence to run as provided in the Contract Documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in the Proposal and Bid Schedule. The contract sum shall be the amount of $202.981.51. The total tangible personal property cost included in the contract sum is$ 59,368.27. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5.1 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, Progress Payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions of the NCTCOG Specifications. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement(pages 1-27 through 1-35, inclusive). 8.2. Exhibits to this Agreement(immediately following this Agreement, inclusive). 8.3. Certificate of Insurance(page I-35). 8.4. Notice of Award. 8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction, NCTCOG, fourth edition. 8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions (pages 1-42 through 1-53). 8.7. Specifications bearing the title: "PROJECT MANUAL - Proposal, Contract, Bond Forms, and Specifications for: LIONS CLUB POND City of The Colony BID#50-15-01 LIONS CLUB POND 8.8. Addendum to the NCTCOG Standard Specifications for Public Works Construction included in Appendix B. 8.9. Construction plans,one set consisting of Seven(7)numbered sheets. 8.10 The following listed and numbered addenda:Addendum#1; Addendum#2. 8.11. CONTRACTOR's Proposal, Bid Schedule, and Summary of Section 1 - Bidding and Contract Documents(page 1-16 through 1-19). 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending,modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.14. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (expect to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. f This Agreement will be effective on (d144,,c-,L1( 1 ,2014. OWNER: City of The Colony CONTRACTOR: RLM Earth Co.Inc 6800 Main Street 12509 Business Hwy 287 N, The Colony, TX 75056 Suite 334 Fort Worth,TX 76179 BY: 4— BY: "VP' TITLE: ity Manager TITLE: /Ksi.pl tar✓► ATTEST: i( t ett22 ATTEST: C /7-4,71, J Address for giving notices: Address for giving notices: City of the Colony RLM Earth Co. Inc 6800 Main Street 12509 Business Hwy 287 N, Suite 334 The Colony,Texas 75056 Fort Worth,Texas 76179 Attn: Eve Morgan, P.L.A. Attn: Robert S. Mershon Park Development Manager (If OWNER is a public body,attach (If CONTRACTOR is a corporation,attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.)