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HomeMy WebLinkAboutResolution No. 2016-082CITY OF THE COLONY, TEXAS RESOLUTION NO. 2016- D'82 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING AN AGREEMENT FOR ADDITIONAL SERVICES BY AND BETWEEN THE COLONY COMMUNITY DEVELOPMENT CORPORATION AND JACOBS ENGINEERING GROUP, INC., IN THE AMOUNT OF $38,000.00 FOR ADDITIONAL F.M. 423 LANDSCAPING -IRRIGATION SERVICES, AND PROJECT OVERSIGHT FOR LANDSCAPE INSTALLATION SERVICES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve the Additional Services Authorization Agreement in the amount not to exceed Thirty -Eight Thousand and No/100 Dollars ($38,000.00), a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3. The City Council of the City of The Colony, Texas, does hereby approve the expenditures by The Colony Community Development Corporation for said Additional Services Authorization Agreement, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1st DAY OF NOVEMBER, 2016. 7-(,,, a S 4 -T) Tina Stewart, City Secretary APPROVED AS TO FORIYI: City Attorney •i • • ,.r!rrrrrro. Page 2 Exhibit A [Agreement] Page 3 JACOBS PROJECT FM 423 Streetscape Design NAME: Landscaping and Irrigation CLIENT: Pam Nelson City of the Colony ADDRESS: 5151 North Colony Blvd. The Colony, Texas 75056 ADDITIONAL SERVICES AUTHORIZATION PROJECT NUMBER: WUXU3400 Client hereby requests and authorizes Jacobs Engineering Group Inc. ("Engineer") to perform the following Additional Services under the contract executed between Jacobs Engineering Group Inc. and Client dated April 2, 2009 (the "Agreement"). The Agreement is incorporated herein and forms an integral part of this Additional Services Authorization. To the extent of any conflicts between the terms and conditions of this Additional Services Authorization and the Agreement, the Agreement shall control. SERVICES Client authorizes Engineer to perform the Services described in Exhibit 1, attached AUTHORIZED: hereto and incorporated by reference herein. COMPENSATION (Select One): ❑ Time and Materials as per Exhibit 1 ® Firm Fixed Price of $38,000.00 (thirty eight thousand dollars and zero cents) ❑ Other SCHEDULE: Upon Notice to proceed Jacobs will provide a schedule for completing the project. It is anticipated that it will take about 3-4 weeks to complete and then a review by TxDOT. OTHER: Accepted for CLIENT Accepted for JACOBS ENGINEERING GROUP INC. By: y Name: 9-11ame: G!/ firjl ,tf. �N Title: Title:{,1 Date: Date: 157T 201 Additional Services Authorization JEG Page 1 of 3 03/25/09 EXHIBIT 1 Jacobs shall provide updates to PS&E package to TxDOT for landscaping Items previously designed in the FM 423 widening project. Jacobs will update package of landscape plans and irrigation plans to be bid separately, based on alignment changes, sound wall location modifications, TxDOT specification number changes and new direction provided from TxDOT. Scope of work Jacobs will provide the following elements as part of repackaging the landscaping and irrigation plans: 1. Notes specific to the landscape and irrigation project 2. Work with TOOT Project manager and edit per his recommendations (as agreed upon by the City) 3. Revise and separate landscape irrigation quantities using 2014 spec book and numbers, including changes to plans due to items that shifted due to construction activities. Items documented by engineer will be included. Field changes not document in cadd will not be added to plans 4 Revise and separate landscape quantities using 2014 spec book and numbers, including changes to plans due to items that shifted due to construction activities. Items documented by engineer will be included. Field changes not document in cadd will not be added to plans. 5. Provide cost estimates and quantity sheets 6. Quality control 7. Project management 8. Answer Questions During Bidding 9. Repsond to RFI and Submittals during construction (assumed up to 10) 10 Site Visits (4 site visits and one final punch list and one verification walk through) 11. tree tagging trips (up to two days) Jacobs will attend two (2) meeting as a part of this construction document production phase. Assumptions: Jacobs will only provide revised plan sheets to adjust landscaping, irrigation plans and associated detail and quantity sheets. Jacobs will not provide TOOT standard sheets. Txdot will provide these sheets Traffic control, SWPPP, erosion control sheets, standards, title sheets, sheet indexes, etc. are not a part of this scope of work. Limitations to the work are as follows: • If ENGINEER is called upon to observe the work of OWNER'S construction contractor(s) for the detection of defects or deficiencies in such work, ENGINEER will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. ENGINEER shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). • ENGINEER shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. ENGINEER shall not assume any responsibility or liability for performance of the construction services or for the safety of persons and property during construction or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. Additional Services Authorization JEG Page 2 of 3 03/25/09 • If ENGINEER is called upon to review submittals from construction contractors, ENGINEER shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The ENGINEERS' action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the ENGINEERS' professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities Additional Services Authorization JEG Page 3 of 3 03/25/09 Texas Department of Transportation March 2012 Design Division GREEN RIBBON LANDSCAPE IMPROVEMENT PROGRAM During the past several sessions of the Texas Legislature, a rider has been added to the department's appropriation legislation which requires TxDOT to expand the concepts of the Houston District's Green Ribbon Project to other areas of the state and to allocate funding for landscaping and other enhancement activities to districts that have air quality non -attainment, near non -attainment and early -action compact counties. The department is accomplishing the requirements of these riders by allocating funds for districts with non -attainment, near non -attainment and early -action compact counties to plant and establish trees and plants on the state highway system that help mitigate the effects of air pollution. Landscape planting program. When a highway improvement contract is let in a non - attainment, near non -attainment or early -action compact county, an amount equal to not less than one-half of one percent and not to exceed one percent of the project cost shall be allocated for landscape improvements. Landscape improvements consist of planting trees and shrubs, soil preparation, and installing irrigation systems within the limits of the project that generated the allocation. Any funds allocated for projects where landscape improvements are not feasible shall be used for landscape improvements on other highway or highway segments within the district. Funds expended under this allocation should be used for one or more of the following purposes: • develop landscape projects that encourage public/private partnerships that may include donations of services such as landscape planting, establishment, or maintenance; • plant trees or other plants that are indigenous or adapted to the climate and when possible, that help mitigate the effects of air pollution; • install irrigation systems or other maintenance systems associated with the planting of trees and other plants; • perform plant establishment activities for one year following completion of the landscape planting phase of the project; and • accomplish the landscape goals identified in city's or region's landscape aesthetics master plan document. Eligibility: Districts with non -attainment, near non -attainment and early -action compact counties are eligible for participation in the landscape planting program. Implementation: Funding allocations will be as determined in the Annual UTP under category 10. The districts with non -attainment and near non -attainment counties must include landscape improvements based on one-half of one percent (0.5%) of the total contract amount of highway improvements let to contract within the fiscal year. Landscape improvement project scheduling will be based upon recommendations from each district. Although the intent of the program is to contract landscape improvement work within each qualifying project limits, it is anticipated that some locations will not be suitable for landscape improvement work. Each district will be required to recommend appropriate alternate locations. To meet the requirements of this program, the landscape improvement work can be accomplished by the following means: • include landscape items with a highway project that generates the funding allocation; • let a landscape improvement contract within the limits of a highway project that generates the funding allocation; • let a landscape improvement contract within the limits of multiple highway projects that generate the funding allocations; • let a landscape improvement contract for an alternate location or multiple locations; or • let a landscape improvement contract for multiple locations of an appropriate combination of the above means. Funds may be reserved and accumulated until such time that adequate funds allow for letting a reasonable, cost effective project. Design Standards: Landscape improvement work will be structured to provide appropriate planting installation, soil preparation, and irrigation activities at locations which are suitable and approved by the districts. Projects must meet design standards and each district must insure appropriate safety, construction, establishment, and maintenance considerations are applied. This program calls for the use of indigenous or adapted trees and shrubs that are suitable for the climate in which they are to be planted. Soil preparation to improve the fertility, structure, and drainage of planting areas is permitted. Irrigation systems will be used that take into consideration the highest water conservation and efficiency possible on each project. Considerations should be given for at least 12 months of plant establishment and maintenance. This program does not allow seeding, sodding, or other erosion control measures. Aesthetic treatments such as special finishes and decorative designs on structural surfaces or other hard landscape elements will not be funded under this program. These items may be included within each highway improvement contract as appropriate. Program Administration: The Design Division will administer this program. District allocations are developed based upon projected letting schedules for each fiscal year of the program.