HomeMy WebLinkAboutOrdinance No. 342 CITY OF THE COLONY
ORDINANCE # 00342
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH FORREST & COTTON CONSULTING
ENGINEERS IN THE RANGE OF $30,000 to $50,000
FOR ENGINEERING AND DESIGN SERVICES FOR AN
ELEVATED PEDISTRIAN CROSS-OVER; ATTACHING
THE APPROVED FORM OF CONTRACT AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the City Manager of the City of The Colony,
Texas, is hereby authorized to execute on behalf of the City a contract
with Forrest & Cotton Consulting Engineers in the range of $30,000 to
$50,000 for engineering and design services for an elevated pedistrian
cross-over. The approved form of contract is attached hereto as
Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately
from and after its passage by the City Council of the City fo The Colony,
Texas.
DULY PASSED AND APPROVED by the City council of the City
of The Colony, Texas, on this the 29th day of April, 1985.
Approved:
Attest:
5576 N. Colonp * The Colon~, Texas 75056 * Phone (214) 370-1756 Metro 248-4341
May 9, 1985
Mr. Eugene W. Palmer
FORREST & COTTON
Consulting Engineers
7610 Stemmons Freeway
Dallas, Texas 752~7-3792
Dear Mr. Palmer:
As I mentioned in our telephone conversation~ I do apologize for the delay
in returning the enclosed executed Contract to you for your files. Also~ please accept
this letter as the City's notification to proceed.
I am looking forward to working with you on this project and would like
to set up a meeting with Mr. Brown of Bridgefarmer & Associates, myself and you or
a representative of your company next week. Please give me a call at your earliest
convenience.
/ .Sin e~ely,
~/ City Manager
3C/ss
ENGINEERING SERVICES AGREEMENT
FOR
ELEVATED PEDESTRIAN WALKWAY
City of The Colony, Texas
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT made, entered into and executed this ~~ day
of ~ , 19~ by and between The City of The Colon~v ,
hereinafte~called the OWNER, and URS COMPANY, a Texas Corporation, herein-
after called the ENGINEER.
WHEREAS, the OWNER desires to construct an elevated Pedestrian Walkway
across F.M. Highway 423 at its intersection with North Colony Boulevard in
Denton County, Texas, hereinafter called the PROJECT;
WHEREAS, the OWNER desires to obtain professional engineering services in
connection with the PROJECT, such services to include preliminary investiga-
tions, surveys, studies, soil and foundation investigation and development of
design concepts for improvements and preparation of preliminary design and
bridge layout and architectural rendering; design and preparation of detailed
plans and specifications for construction; administration of the construction
contract.
WHEREAS, the ENGINEER is qualified and capable of performing the professional
engineering services proposed herein, is acceptable to the OWNER, and is
willing to enter into an Agreement with the OWNER to perform such services;
NOW, THEREFORE, be it resolved, that the parties hereto do mutually agree as
follows:
ARTICLE 1
EMPLOYMENT OF THE ENGINEER
The OWNER agrees to retain the ENGINEER, and the ENGINEER agrees to perform
professional engineering services in connection with the PROJECT as set
forth in sections following; and the OWNER agrees to pay, and the ENGINEER
agrees to accept fees as specified in sections following as full and final
compensation for the work accomplished.
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ARTICLE 2
ENGINEER'S SERVICES
2.1 BASIC SERVICES
2.1.1 The ENGINEER shall render services necessary for development of
the PROJECT into three (3) phases as follows:
Phase I - Preliminary investigations, field surveys, studies, soils
and foundation investigation, and development of
design concepts for improvements; and preparation of a
preliminary design and bridge layout, and architectural
rendering.
Phase 2 - Design and preparation of detailed plans and specifi-
cations for construction purposes.
Phase 3 - Administration of the construction contract.
2.2 PHASE 1 - PRELIMINARY DESIGN
Phase I of this Agreement will commence upon execution of this
Agreement by both parties. The ENGINEER shall perform engineering services
for Phase i as follows:
2.2.1 Participate in preliminary conferences with authorized represen-
tatives of the OWNER.
2.2.2 Gather and review available information from outside agencies.
2.2.3 Contact Local, State and Federal agencies to determine applicable
rules and regulations which apply to the PROJECT.
2.2.4 Make on-site investigations of existing facilities on OWNER'S
properties.
2.2.5 Prepare preliminary design criteria, layouts and recommendations
for the PROJECT; such proposed improvements will be categorized in construc-
tion stages on a priority basis.
2.2.6 Prepare a preliminary estimate of the cost of construction of the
recommended improvements. The ENGINEER'S opinion of construction costs will
be based on materials and labor prices prevailing at the time of preparation
of the preliminary design without consideration of inflationary increases in
costs. The ENGINEER does not warrant the accuracy of the cost estimates.
2.2.7 Obtain Field surveys which are required to collect design data
such as horizontal and vertical contol measurements, topography, profiles,
and cross sections.
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2.2.8 Obtain soils and foundation investigation through the services of
an Independent Testing Agency.
2.2.9 Present the owner with 2~5 copies of the Prelimina~ bridge layout,
architectural rendering, and Prelimina~ Cost Estimate within 30 calendar
days after beginning Phase 1.
2.3 PHASE 2 - DESIGN
Upon receipt of the OWNER'S written authorization to implement
Phase 2, the ENGINEER shall:
2.3.1 Furnish to the OWNER, where required by the circumstances of the
assignment, the engineering data necessary for applications for routine
permits required by Local, State, and Federal authorities (as distinguished
from detailed applications and supporting documents for government agencies)
and assist the OWNER in procuring said permits or approvals.
2.3.2 Establish final design criteria from approved preliminary design
concepts developed under Phase 1.
2.3.3 Prepare detailed contract drawings, specifications and construc-
tion contract documents necessa~ for construction, and furnish the OWNER
25 copies thereof.
2.3.4 Prepare a detailed statement of the ENGINEER'S opinion of the
construction costs based upon the final design developed. The ENGINEER'S
opinion of construction costs will be based on materials and labor prices
prevailing at the time of preparation, without consideration of inflationary
increases in cost. The ENGINEER does not warrant the accuracy of the cost
estimates.
2.3.5 Phase 2 to be complete and submitted within 60 calendar days after
written authorization to proceed exclusive of any review time by the owner.
2.4 PHASE 3 - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
Upon approval by the OWNER of the contract drawings, specifica-
tions, and construction contract documents, and with written authorization
to proceed, Phase 3 of this Agreement will commence; and the ENGINEER shal)
perform engineering services for this Phase as follows:
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2.4.1 Make periodic timely visits to the site of the construction to
familiarize himself generally with the progress and quality of the construc-
tion work and to determine, in general, if the results of the construction
work are in accordance with the drawings and the specifications. In perform-
ing these services, the ENGINEER will endeavor to guard the OWNER against
apparent defects and deficiencies in the permanent work constructed by the
Contractor, but he does not guarantee the perfomance of the Contractor. The
ENGINEER shall not be responsible for construction means, methods, techniques,
sequences or procedures, time of performance, programs, or for any safety
precautions utilized in connection with the construction work. The ENGINEER
shall not be responsible for the Contractor's failure to execute the work in
accordance with the construction contract. Prepare written report of site
visits and submit to owner.
2.4.2 Review samples, catalog data, schedules, shop drawings, labora-
tory, shop and mill test reports of material and equipment and other data
which the Contractor is required to submit. This review is for the benefit
of the OWNER and covers only general compliance with the information given
by the construction contract documents. It does not relieve the Contractor
of any responsibility such as dimensions to be confimed and correlated at
the job site, appropriate safety measures to protect workers and the public,
or the necessity to construct a complete and workable facility in accordance
with the construction contract documents.
2.4.3 Conduct, in company with representatives of the OWNER, a final
inspection of the PROJECT for conformance with the design concept of the
PROJECT and compliance with the construction contract documents, and approve
in writing final payment to the Contractors.
2.4.4 Revise construction contract drawings {unless complete redrawing
is required) with the assistance of the owner to conform with construction
records and furnish a set of prints of these revised drawings to the OWNER.
2.4.5 The ENGINEER shall not be responsible for the acts or omissions
of the Contractor, or any Subcontractor, or any of the Contractor's or
Subcontractor's agents or employees, or any other persons performing any of
the work on the PROJECT or the failure to discover any such acts or omissions.
2.4.6 Engineering services for Phase 3 will terminate 60 days after
the expiration of the original contract time of completion of the construction
contract. Phase 3 engineering services after this time will be subject to
negotiation between the OWNER and the ENGINEER.
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ARTICLE 3
SPECIAL SERVICES
3.1 GENERAL
3.1.1 The engineering services set forth hereinafter as Special Services
are not included as part of the services to be provided by the ENGINEER under
Article 2. It is recognized that the elements of such engineering work can-
not be accurately predetermined or controlled entirely by the ENGINEER.
Therefore, such engineering work will be performed as Special Services.
Furthemore, because of varying complexities and skills involved, Special
Services are classified into two groups for payment purposes as shown herein-
after.
3.1.2 The ENGINEER will furnish Special Services only when agreed be-
tween the OWNER and ENGINEER in writing.
3.2 SPECIAL SERVICES GROUP 1
3.2.1 Field surveys for construction purposes which generally include
the layout of structures, pipelines, roadways, quantity and measurement
determinations, and any other field surveying services during construction.
3.2.2 Land surveys required to establish location of land boundaries
and corners, acquisition of easements and rights-of-way.
3.3 SPECIAL SERVICES GROUP 2
3.3.1 Preparation of data, applications and supporting documents for
governmental agencies.
3.3.2 Preparation of environmental assessment data and statements and
assistance to the OWNER in preparing for and attending public hearings.
3.3.3 Appearances before State and other regulator), agencies.
3.3.4 Preparing to serve or serving as an expert witness on behalf of
the OWNER in connection with any public hearing, arbitration proceeding, or
legal proceeding.
3.3.5 Revision of contract drawings and specifications which have pre-
viously been approved by the OWNER. Revisions to correct design deficiencies
or minor modification will be accomplished under Basic Services in Article 2.
3.3.6 Office work required in preparation of property and easement
descriptions together with work in plotting, computing, and other associated
work, including title search and examination of deed records.
3.3.7 Shop, mill, field or laboratory inspection of materials or equip-
merit.
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3.3.8 Providing any other services not otherwise included in this Agree-
merit o
ARTICLE 4
COMPENSATION
4.1 DEFINITION OF TERMS
4.1.1 Salary Cost is defined as the cost of salaries of engineers,
technicians, draftsmen, stenographers, surveymen, clerks, laborers, etc. for
time directly chargeable to the PROJECT, plus social security contributions,
unemployment, excise and payroll taxes, employment compensation insurance,
medical and other insurance benefits, sick leave, vacation, holiday pay, and
contributions to a pension or retirement plan.
4.1.2 Direct Non-Labor Expenses are defined as all non-labor expenses
incurred by the ENGINEER which are directly chargeable to the PROJECT, which
in general include expenses for supplies, transportation, equipment, travel,
communications, subsistence and lodging away from home, field office expenses,
reproduction, and similar incidentals.
4.2 PAYMENT FOR PHASE 1, PHASE 2, AND PHASE 3 SERVICES
4.2.1 Payment for Phase 1, 2 and 3 services shall be expressed as a
lump sum amount and shall be full compensation for all items of work defined
in Phase 1, 2, and 3 services described in Article 2. The following distribu-
tion of fee shall apply:
Phase I - $ 9,048
Phase 2 - $ 16,302
Phase 3 - $ 4,086
4.2.2 Phases I and 2 Services
Final payment for Phases I and 2 services in the amount of $9,048
and $16,302 respectively, will be made to the ENGINEER upon completion of
Phases I and 2 services. Partial payments shall be made to the ENGINEER from
time to time during Phases 1 and 2 upon presentation of statements for such
services to the OWNER. In no case shall partial payment be in excess of the
value of services completed at the time a statement is rendered.
4.2.3 Phase 3 Services
Payment for Phase 3 services in the amount of $4,086 will be made
to the ENGINEER on a monthly basis in direct proportion to the Contractor's
earnin§s. The ENGINEER will submit a statement each month for this payment.
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4.3 PAYMENT FOR SPECIAL SERVICES
Payment for services under Article 3, Special Services, will be
computed on the basis of Salary Cost tin~s a multiplier of 2.16 for all iten~s
included in Section 3.2, Special Services, Group 1 and Salary Cost times a
multiplier of 2.87 for all items included in Section 3.3, Special Services,
Group 2. Direct non-labor expenses shall be reimbursable at invoice cost
plus ten percent (10%).
4.4 ADDITIONAL COPIES OF PRINTED DOCUMENTS
Additional copies of reproduced plans, specifications, maps and exhibits
shall be available to the OWNER upon request to the ENGINEER, and shall be
paid for by the OWNER at actual invoice cost to the ENGINEER plus ten percent
(~C~).
4.5 LATE PAYMENT TO ENGINEER
All invoices for services rendered by the ENGINEER that have not
been paid within 45 days after invoice date shall thereafter accrue interest
at the rate of eight percent (8%) per annum.
ARTICLE 5
SERVICES BY THE OWNER
5.1 In general, the OWNER and its representatives will render services
as follows:
a. Provide available criteria and full information as to the
OWNER'S
requirements for the PROJECT.
b. Assist the ENGINEER by placing at his disposal all available
written data pertinent to previous Operations, reports, and any other data
affecting the design and/or construction of the PROJECT.
c. Furnish right-of-entry for field sur9eys and sub-surface
exploration .
d. Coordinate utility cleanances with all utility companies within
the project limits.
e. Acquire all land and rights-of-way required for the PROJECT
and any related off-site work, including rights of ingress and egress on
private property.
f. Respond promptly in writing to requests by the ENGINEER for
authorization to proceed with specific activities deemed desirable and as set
forth in Article 7.
g. Examine documents submitted by the ENGINEER and render deci-
sions pertaining thereto, promptly, to avoid unreasonable delay in the pro-
gress of the ENGINEER'S services.
h. Furnish such legal, accounting, and insurance counseling
services as may be necessa~ for the PROJECT, and such auditing services as
may be necessa~ for the PROJECT, and such auditing services as the OWNER may
require to ascertain how or for what purposes the Contractor has used the
monies paid to him under the construction contract.
i. Give prompt written notice to the ENGINEER if the OWNER be-
comes aware of any fault or defect in the PROJECT or non-conformance with
the construction contract drawings and specifications.
j. Furnish information required of him as expeditiously as neces-
sary for the orderly progress of the work.
5.2 The ENGINEER shall be entitled to rely upon the OWNER'S represen-
tative regarding decisions to be made by OWNER; further, all notices or
i nfomation shall be deemed made when conveyed to the representative.
5.3 The services, information, and reports required by Paragraph 5.1
a through k inclusive shall be furnished at the OWNER'S expense, and the
ENGINEER shall be entitled to rely upon the accuracy and completeness thereof.
ARTICLE 6
SPECIAL CONSIDERATIONS
6.1 OWNERSHIP OF DOCUMENTS
After completion of the PROJECT the original drawings will be
modified to confom with construction records as set forth in Paragraph 2.4.4,
and reproducible mylar copies of the n~dified drawings will be delivered to
the OWNER. Original reproducibles of exhibits, reports, plans and specifi-
cations shall remain the property of the ENGINEER.
ARTICLE 7
CONTROL BY THE OWNER
7.1 It is understood and agreed that the OWNER shall have complete
control of the services to be rendered, and that no work shall be done under
this Agreement until the ENGINEER is instructed in writing to proceed with
the work, except that the execution of this Agreement shall serve as author-
ity to proceed with the work included in Phase 1.
7.2 It is also understood that the ENGINEER will not supply a Resi-
dent Project Representative for on-site work, or furnish construction line
and grade surveys unless the OWNER authorizes the ENGINEER in writing to do
so. The actual time the services of the Resident Project Representative
will be required and the number of assistants and the duration of service
will be determined by the OWNER.
ARTICLE 8
AGREEMENT NOT ASSIGNABLE
This Agreement shall not be assignable in whole or in part without the writ-
ten consent of the other party.
ARTICLE 9
TERMINATION OF AGREEMENT
In connection with all the work outlined or contemplated above, it is agreed
that the OWNER or the ENGINEER may cancel or terminate this Agreement upon 15
days written notice to the other, with the provision and understanding that
immediately upon receipt of notice of such cancellation or termination from
either party to the other all work and labor being perfomed under this
Agreement shall immediately cease, pending final cancellation at the end of
such 15 day period, and further provided that the ENGINEER shall be compen-
sated in accordance with the terms of this Agreement for all work accomplished
prior to the receipt of notice of such termination. All plans, field surveys,
maps, cross sections, and other data and work related to the PROJECT shall
become the property of the OWNER upon termination of this contract.
ARTICLE 10
INSURANCE
The ENGINEERS agree to furnish the OWNER, a certificate reflecting its coverage
by worker's compensation insurance, and public liability insurance for bodily
injury and property damage in amounts and with carriers satisfactory to the
OWNER, and agrees that such coverage shall be maintained during the tern of
this AGREEMENT. The ENGINEERS shall be responsible for determining that its
subcontractors, where permitted, likewise car~ and maintain adequate insur-
ance coverage. The ENGINEERS further agrees to indemnify and hold the OWNER
harmless from and against any and all claims, demands, or causes of action of
whatever nature resulting from or arising out of any act or omission on the
part of the ENGINEERS, his agents, servants, or employees in connection w~th
these services.
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The policy will not be cancelled or materially changed during the period of
covera§e without at least 10 days prior notice to the City of The Colony,
5576 N. Colony, The Colony, Texas 75056.
ARTICLE 11
VENUE
Venue and jurisdiction of any suit or right or cause of action arising under
or in connection with this Agreement shall be exclusively in Denton County,
Texas.
ARTICLE 12
EXECUTION OF AGREEMENT
IN WITNESS WHEREOF, the City of The Colony, Texas, a Municipal Corporation
has caused these presents to be executed by its City Manager and attested by
its Secretary, and witness the execution by URS Company through Eugene W.
Palmer, Vice President.
(CLIENT) URS COMPANY
~n'ice Carro"F1 t Euge~ W. Palmer
ity Manager Vice President
ATTEST:
~i~ty Secretary
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