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HomeMy WebLinkAboutResolution No. 04-34 RESOLUTION NO. 04-'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE DESIGN SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND DUNKIN, SIMS, STOFFELS, INC. FOR PARK AND TRAIL DEVELOPMENT IN AUSTIN RANCH, 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: PARK AND TRAIL DEVELOPMENT IN AUSTIN RANCH; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with DUNKIN, SIMS, STOFFELS, 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 a sum not to exceed $17,500.00 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Design Services Contract, 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, and the City Manager is hereby authorized to execute the Agreement 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 17th day of May, 2004. ~fE~cA~Ct_ ~~~X~ J~'hn Dillard' May°r S ' -. ~ q/ity of The Colony, Texas Christie Wilson, City Secretary [CITY SEAL] ePRo s, Robert E. Hager, Ci ~.~tomey 63918 CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this i ~ day of ~glAt~, 2004, by and between the City of The Colony, hereinafter called the CITY, and Dunkin Sims Stoffels, Inc., a Texas corporation, hereinafter called the LANDSCAPE ARCHITECT. RECITALS This CONTRACT is applicable to the furnishing of landscape architectural/park planning services by the LANDSCAPE ARCHITECT for the Austin Pmnch Park (the "Project"). CONTRACTUAL UNDERTAKINGS Section I Employment Of LANDSCAPE ARCHITECT I. Employment Of The LANDSCAPE ARCHITECT The CITY hereby agrees to retain the LANDSCAPE ARCHITECT m perform professional landscape architectural services in connection with the Project; LANDSCAPE ARCHITECT agrees to perform such services in accordance with the terms and conditions of this CONTRACT. II. Scope Of Serv/ces The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth and desctibed in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the CITY. Section II Authorization Of Services No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this CONTRACT uno LANDSCAPE ARCHITECT has received written authorization to proceed from the CITY. Section III Period Of Service This CONTRACT shall be effective upon execution by the CITY and LANDSCAPE ARCHITECT, and shall remain in force until terminated under the provisions hereinafter provided in Section XIII. Section IV Coordination With The CITY The LANDSCAPE ARCHITECT shall hold periodic conferences with the CITY, or its representative(s), in an effort to benefit from the CITY's experience and knowledge of existing needs and facihtics, and so as to make the Project as consistent as is reasonably practicable with the CITY's current policies and standards. To implement this effort, the CITY shall make available to the LANDSCAPE ARCHITECT for use in perfortrfing the Project, all existing plans, maps, field notes, statistics, computations and other data in the CITY's possession pertaining to existing facilities which the CITY might believe could have any relation to the Project. The LANDSCAPE ARCHITECT may rely upon the accuracy and completeness of such plans, maps, field notes, statistics, computations and other data provided by the CITY to the LANDSCAPE ARCHITECT. Section V Compensation And Method Of Payment The parties agree that the LANDSCAPE ARCHITECT shall be compensated for all services provided pursuant to this CONTRACT in the amount and manner set forth below. The professional services fee for completing the scope of services as ou~ned in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The LANDSCAPE ARCHITECT shall be reimbursed, at his actual incurred cost, for job-related expenses such as reproduction/printing, courier/delivery charges, data collection, ete. Billing for services will be submitted monthly or after completion of major phases of the work, whichever is most conducive for both parties to the CONTRACT. The LANDSCAPE ARCHITECT further agrees that it will prepare itemJ, zed statements for submittal, if requested by the CITY. Section VI Legal Requirements The LANDSCAPE ARCHITECT will advise and assist the CITY in the need and in applying for licenses or permits required by law, and will comply with ordinances, iaws, orders, rules and regulations which pertain to its services hereunder. However, nothing contained herein shall alter the fact that the CITY shall be responsible to pay all costs or fees associated with any licenses and permits reqnired by law. The CITY shall also have the sole responsibility to obtain all licenses or permits reqnired by iaw. Section VII Standard Of Care The LANDSCAPE ARCHITECT will perform and complete its work in a good and workmanlike manner. The LANDSCAPE ARCHITECT shall not, either during or after the term of this CONTRACT, disclose to any third party, any confidential information relative to the work or the business of the CITY, without the written consent of the CITY, except to the LANDSCAPE ARCHITECT's subcontractors. The CITY's representative shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. Section VllI Independent Contractor Relationship In performance of the services hereunder, the LANDSCAPE ARCHITECT shall be an independent contractor with the sole authority to control and direct the performance of the details of thc work. The LANDSCAPE ARCHITECT is self-employed, shall not purport to be an employee or an agent of the CITY, and shall not have any tight or power to bind the CITY to any obligation not otherwise specifically authorized in writing by the CITY. The LANDSCAPE ARCHITECT shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the CITY and any information, records and other material relevant to its xvork hereunder. Section IX Insurance The LANDSCAPE ARCHITECT shall provide a certificate reflecting its coverage by worker's compensation insurance and public liability insurance to the CITY for bodily iniury and property damage in the foiloxving amounts: $250,000.00 for each person/ $500,000.00 for each single occurrence for bodily injury or death/ $100,000.00 for each single occurrence for injury to or destruction of property. The LANDSCAPE ARCHITECT agrees and warrants that such coverage shall be maintained during the term of this CONTRACT. In the event that the limits of liability imposed upon municipalities are increased by the Legislature of the State of Texas, the parties agree that the LANDSCAPE ARCHITECT shall increase the coverage and limits of liability required by this CONTRACT to conform to the liability limits established by the Legislature of the State of Texas. Section X Progress Meetings The LANDSCAPE ARCHITECT or its designee agrees to attend all progress meetings scheduled by the CITY, and at such meetings will endeavor to outline work accomplished and identify any special problems or delays known to the LANDSCAPE ARCHITECT which are encountered in connection with the Project during the previous report period, as well as planned work activities and special problems and delays anticipated for the next report period. Section XI Ownership Of Documents All documents, including master plans and draxvings, prepared or furnished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT's independent professional associates and consultants) purs,uant to this CONTRACT are instruments of service with respect to the Project, and the CITY shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the CITY to the LANDSCAPE ARCHITECT for the cost of the work as defined in Exhibit "A". The CITY may use the plans, drawings and specifications for information and reference in connection with the use and occupancy of the Project by the CITY and others; however, such documents are not intended or represented to be suitable for reuse by the CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the LANDSCAPE ARCHITECT for the specific purpose intended will be at the CITY's sole risk and without liabifity or leg--A exposure to the LANDSCAPE ARCHITECT, or to the LANDSCAPE ARCHITECT's independent professional associates and consultants. Section XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shall discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders or contracts are chargeable to Ods CONTRACT. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showhsg in detail the services performed under tiffs CONTRACT up to the date of termination. The CITY shall then pay the LANDSCAPE ARCHITECT within fifteen (15) days that proportion of the prescribed charges wbAch the services actually performed under this CONTRACT bear to the total services actually performed under this CONTKACT, less such payments on account of the charges as have been previously made. Originals of all completed or partially completed plans, designs and text prepared under tiffs CONTRACT shall be promptly delivered to the CITY upon termination of this CONTRACT. Section XIII Entire Agreement This CONTRACT represents the entire agreement between the parties coveting the subject matter. No modifications or amendments shall be valid unless in writing and signed by both of the parties. Section XIV Severabiiity In case any one or more of the provisions contained in tiffs CONTRACT shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, Rlegality or unenforceabllity shall not affect any other provision hereof, and tiffs CONTRACT shall be construed as if such inv~d, illegal or unenforceable provision had never been contained herein. Section XV Performance This entire CONTRACT is performable in Dallas County, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Dallas County, Texas, and tiffs CONTRACT shall be construed under the laws of the State of Texas. Section XVI Successors And Assignruents The CITY and the LANDSCAPE ARCHITECT each binds himself and his successors, executors, administrators and assigns to any other party of this CONTRACT and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this CONTRACT. Except as above, neither the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer its interest in this CONTRACT without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the CITY or the LgxNDSCAPE ARCHITECT. Section X¥11 Preparation of Alternates The LANDSCAPE ARCHITECTs fees are based upon the total dollars allocated for construction of the project. The LANDSCAPE ARCHITECT will prepare an estimate for probable cost of construction. This estimate will be based upon the design development phase of the project. Should the CITY request design alternate(s) be prepared for bidding, the LANDSCAPE ARCHITECT will invoice the CITY, in addition to the original contract. Section XVIII Indemnity The LANDSCAPE ARCHITECT agrees to indemnify and hold harmless the CITY and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which directly arise out of the LANDSCAPE ARCHITECT's breach of any of the terms or provisions of this CONTtLACT, or by any other negligent act, error or omission of the LANDSCAPE ARCHITECT, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the LANDSCAPE ARCHITECT is legally liable. However, such indemnity for the design professional and his employees for negligence in the performance of professional services and damages resulting from negligence in the performance of professional services shaLl be limited to an amount of fifty thousand dollars ($50,000). EXECUTED in three (3) counterparts (each of xvhich is an original) on behalf of the LANDSCAPE ARCHITECT by its Principal shown below, and on behalf of the CITY by its ~ (thereunto duly authorized), this /? day of~_~, 2004. ~' CITY OF THE COLONY I~KIN SIMS STAS~FELS, INC. I~anc~cape Ar~_~ct~,Planners [Signature] [§ign"~tuWril - ' Dale Chcatham. City Manager Dennis G. Sims. Principal [Typed Name, Title} [Typed Name, Tide] May 4, 2004 Mr. Sam Fitzgerald City of The Colony 5151 N. Colony Boulevard The Colony, Texas 75056 Dear Mr. Fitzgerald: We appreciate the oppowunity to submit this scope of services for Austin Ranch Park in The Colony, Texas. The scope of services is for the preparation of design and construction documents to complete the proposed improvements within Austin Ranch Park. BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS The services are divided into four sections: (I) design development; (2) construction documents and specifications; (3) bidding and contract award; and (4) construction administration. Each section sets forth the tasks to be performed. Design Development Phase A schematic pianO) will be prepared for the program elements listed below. The schematic plan(s) will be presented to City Staff for their review and comments. DSS will modify the selected schematic plans as discussed with City Staff and prepare an opinion of probable cost detailing the park elements.. Construction Amount Austin Ranch Park Program Elements $160,000.00 225' x 360 Soccer Field 8' wide hike/bike trail approx. 1,000 L.F. Landscaping Grading Erosion Control Devices Construction Documents and Specifications Construction documents will be prepared for the parks as outlined in the selected design. The Consultant w/Il perform the following tasks in this section of the project: Grading Plan(s), which will establish grades for all elements of the project if required. Layout Plan(s) as needed for the park dements. · Construction Details providing plans, sections, elevations of the individual elements of the plans. 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 · Prepare proposal forms and appropriate add or deduct alternates. · Prepare the project specification manual. Bidding and Contract Axvard The Consultant will be responsible for the following tasks in this phase: · Distribute plans and specifications from DSS's office to interested bidders. · Answer questions and interpret drawings during the bidding period. · Assist the City in receiving bids. · Prepare and distribute any required addendum. · Attend the bid opening and prepare a bid tabulation sheet for completion at the bid opening. · Analyze the bids and make a written recommendation to the City for axvarding a contract. Construction Administration We will perform the following tasks during this phase of the project~ · Consult and advise m the City. · Preparation of elementary and supplementary sketches required to resolve field conditions. Approval of submittals and shop drawings submitted by contractors for conformance with the design concept. · The consulting team shall make periodic site visits to deternfine if the project is proceeding in accordance with the contract documents. The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents. · Review and approval of all certificates for payment submitted by the Contractor. · Prepare Change Orders for the City's approval and execution. · Coordinate final site walk through with the City at the conclusion of the construction and develop a punch list of items to be corrected and/or completed by the Contractor. DSS w~l complete the scope of services identified above for a fixed fee of $12,000.00. Consultant Compensation DSS will invoice the City monthly based upon percentage of the work completed. Reimbursable Expenses The Consultant will invoice the City at the incurred cost for all out-of-house printing of plans, specifications and plotting of AuraCAD fdes. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. In-house printing of check prints for use in preparing the construction documents are included in the basic design services. Postage and delivery expenses will not be invoiced during the Design Phase of the contract. Courier, express mail, or overnight delivery charges, as well as, the cost of mailing sets of contract documents to prospective bidders will be charged to the City. We would recommend the City budget $ 2,500 for this task. Topographical Survey An on-site topographical survey will be performed to establish existing grades and contours and the location and configuration of existing park elements. We would recommend the City budget $3,000.00 for the on-site survey for this park. Preparation of Alternates The Consultant's fees are based upon the total dollars allocated for construction of the project. The Consultant will prepare an opihion of probable cost for construction of the proposed elements. This opinion of probable cost will be based on the design development phase of the proiect. Should the City request that design alternates be prepared for bidding, the consulting team will invoice the City in addition to the original contract amount, the agreed percentage of construction cost for the preparation of plans, construction documents and specifications for the alternates. Any such expenses shall be pre-authorized by the City in advance of work being performed. The consulting team appreciates the opportunity to submit this scope of services and we look for~vard to working with you and the City of The Colony. If you would like to discuss this proposal please do not hesitate to call me. Sincerely, Dehnis Sims, ~ASLA Principal