HomeMy WebLinkAboutOrdinance No. 00-1256 " "' ORI61NAI.
CITY OF THE COLONY, TEXAS
ORDINANCE NO. OD- t ~ ,-.~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH _
DUNKIN SIMS STOFFELS, INC FOR DESIGN OF PHASE ONE OF THE
COMMUNITY COMPLEX PARK; 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 Mayor of the City of The Colony, Texas is hereby authorized to
execute on behalf of the City a contract with Dunkin Sims Stoffels, Inc. for design of phase one
of the Community Complex Park. 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 fi'om and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 44 day of December 2000.
f,
William W. Manning, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES
This CONTRACT,is made and entered into this'j~/~t~ day of/JEC.,"~_ 2000, 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 Community Complex (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 to 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 Services
The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth
and described 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 until 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 XlII.
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 facilities, 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 performing 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
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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 outlined in Exhibit "A" is set forth
in Exhibit "B", 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, etc. 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
itemized 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, laws, 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 required by law.
The CITY shall also have the sole responsibility to obtain all licenses or permits required by law.
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 VIII
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 the 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 right 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 work hereunder.
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Se(~t'ion 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 injury and property damage
in the following 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 Xl
Ownership Of Documents
All documents, including master plans and drawings, prepared or furnished by the LANDSCAPE
ARCHITECT (and LANDSCAPE ARCHITECT's independent professional associates and consultants)
pursuant 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
liability or legal exposure to the LANDSCAPE ARCHITECT, or to the LANDSCAPE ARCHITECT's
independent professional associates and consultants.
Section Xll
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 this CONTRACT. As soon as practical after receipt of notice of
termination, the LANDSCAPE ARCHITECT shall submit a statement, showing in detail the services
performed under this 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 which the
services actually performed under this CONTRACT bear to the total services actually performed under
this CONTRACT, 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 this CONTRACT
shall be promptly delivered to the CITY upon termination of this CONTRACT.
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Section Xlll
Entire Agreement
This CONTRACT represents the entire agreement between the parties covering the subject matter. No
modifications or amendments shall be valid unless in writing and signed by both of the parties.
Section XlV
Severability
In case any one or more of the provisions contained in this CONTRACT shall, for any reason, be held
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision hereof, and this CONTRACT shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein.
Section XV
Performance
This entire CONTRACT is performable in Denton County, Texas, and the venue for any action related,
directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Denton County,
Texas, and this CONTRACT shall be construed under the laws of the State of Texas.
Section XVl
Successors And Assignments
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
LANDSCAPE ARCHITECT.
Section XVll
Preparation of Alternates
The LANDSCAPE ARCHITECT's 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 amount as set forth in Exhibit "B", the agreed upon percentage of
construction cost for preparation of plans, construction documents, and specifications for the
alternate(s). Any such additional expenses shall be pre-authorized by the CITY in advance of work
being performed.
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Section XVlll
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 CONTRACT, 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 which is an original) on behalf of the LANDSCAPE
ARCHITECT by its~Principal shown below, and on behalf of the CITY by its Mayor (thereunto duly
authorized), this .~t~ day
of ............ 2000.
V[Signature] v ~ °
· ~riature]
Dr. William ManninR, Mayor ~is G. Sims, Principal
[Typed Name, Title] [Typed Name, Title]
. ~ · ~, , ~- ~-
. '. :AT.T: ; ~ ATTEST:
~.~ [~i~naturo] / [Si~naturo)
Dunkin Sims Stoffels, Inc.
Landscape Architects/Planners
EXHIBIT A
November 14, 2000
Ms. Pam Nelson
Director, Parks and Recreation
City of the Colony
5151 N. Colony Boulevard
The Colony, Texas 75056
Dear Ms. Nelson:
We appreciate the opportunity to submit this scope of services for Community Complex Park. This
proposal is being submitted for your review and approval.
The scope of services is divided into two Phases; Phase I, Basic Design Services and
Construction Documents Phase II Grant Application and Phase III, Additional Services.
PHASE I - BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS
Design Development Services
An opinion of probable cost for construction will be prepared for the programs elements identified
by the City for construction in this phase of the project. It is our understanding the City has
budgeted $6,000,000.00 for the first phase of construction.
We will assist the City in analyzing the recreation elements which will be built in the first phase of
construction. Once we have established the specific elements to be built within the allocated
budget, details, plans and specifications for these elements will be prepared for bids.
The services in this phase are divided into three sections: (1) construction documents and
specifications; (2) bidding and contract award; and (3) construction administration. Each section
sets forth the services to be performed.
Construction Documents and Specifications
Construction documents and specifications will be prepared for the park elements outlined in the
opinion of probable cost for construction. The consulting team will perform the following tasks in
this section of the project:
9603 White Rock Trail Suite 210 Dallas, Texas 75238 214-553-5778
· Site Plan showing proposed electrical service and distribution equipment.
· Grading Plan(s), which will establish grades for all elements of the project. This includes the
rough grades for the complete 80 park site and finish grades will be provided for the Phase I
construction.
· Layout Plan(s) locating by dimensions all structures, walks, park roads, parking areas, planting
areas, etc.
· Detention Pond(s), DSS will be responsible for finish design and details for the detention ponds.
The size, location and depth will be determined by others.
· Architectural Plans, elevations and details for concession restroom buildings.
· Irrigation Plan(s) showing the location of all heads, pipe, valves, pumps, and controls.
· Electrical Plan(s) showing the location of all light standards, controls, wires, etc.
· Planting Plan(s) locating and identifying all plant material and a list of plants including
quantities, sizes, and varieties.
· Construction Details providing plans, sections, elevations of the individual elements of the
plans.
· Prepare proposal forms and appropriate add or deduct alternates.
· Prepare the project manual
Bidding and Contract Award
The Consultant will be responsible for the following tasks in this phase:
· Distribute plans and specifications from our of'rice to interested contractors.
· Answer questions and interpret drawing 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 awarding a contract.
MSWO RI~D $ $~,THECOLONY~RIO GEPOINT- PRO Pi. DO Cl 11/1
Construction Administration
We will perform the following tasks during this phase of the project:
· Consultation and advise to 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 determine if the project is proceeding in
accordance with the contract documents. The consulting team shall not be responsible for or
liable for the Contractors 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 provide
a punch list to Contractor to complete the project.
PHASE II GRANT APPLICATION
The following will outline our scope of services for preparation of a grant application for submission
to the Texas Parks and Wildlife Department. Specifically, Dunkin Sims Stoffels, Inc. will prepare
the following sections of the grant:
Application form Part I
Application form Part II
Applicant's Certification & Program Assurances
TXDOT general location map
Program narrative
Environmental assessment
Aerial photo (SCS Aerials)
Environmental checklist
Site photos
Tabular summary
Concept plan
The City of The Colony will be responsible for the following elements of the grant:
Cover letter
Resolution
Park base map (Boundary Survey)
Proof of drilling restriction
We will provide one original and seven copies of the final document. The City will be
M SWORD~SS'~THECO[.ON Y~RIO GEPOINT. FR Op~.oOC{ 11 I1
responsible for delivery of the application to the Texas Parks and Wildlife Department.
The Consultant shall perform the scope of services in Phases I and Phase II for a fixed fee of $
420,000.00. The fee shall not exceed $ 420,000.00 without written permission by The City of the
Colony. In the event the City reduced or decrease the construction amount the consultants fee will
be reduced in accordance with the reduction.
PHASE Ill-ADDITIONAL SERVICES
The following items set forth below are services provided in additional to Basic Design Services.
Costs for each item listed have been provided as a reimbursable expense.
Additional Services (Fixed Fee)
Topographic Base Map
A one-foot interval on-the-ground topography map and boundary survey will be prepared for the
eighty acre park and the thirty five acre park site east of Paige Road. Critical spot elevations will
be established, i.e. major trees, sewer manholes, existing street grades, storm sewer inlets, etc.
This will be supplemented by all known easements and utilities. We would recommend the City
budget $20,000.00 for this task. This fee does not include a detailed tree survey for the Southwest
corner of the Park.
Plan and Specification Printing
The Consultant will invoice the City at the incurred cost for all out-of-house printing of plans,
specifications and plotting of AutoCad files. 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.
Couder, 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 $ 6,500.00 for this task.
Geotechnical Consultants
A geotechnical firm will provide soil analysis and recommendations for the vadous elements in the
park. It is difficult, at this time, to estimate the quality of borings required until the consulting team
has completed the master plan and has a clear understanding of the requirements and details
required of the geotechnical consultant. This service will have to be authorized by the City of The
Colony. The Owner normally provides this information to the Consultant. Based on our experience,
we recommend the City allow $7,500.00 for this report.
PREPARATION OF ALTERNATES
The Consultant's fees are based upon the total dollars allocated for construction of the project. The
Consultant will prepare an estimate for probable cost of construction. This estimate will be based
on the design development phase of the project. Should the City request 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 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
forward to working with you and the City of The Colony. If you have any questions, do not hesitate
/~o call me.
/ ~,ncerely//'
Principal
M SWO R D'~D SS~,THECOLON~RIDGEPOINT- P~O p~.DOC ( 1 I I14K)O)
EXHIBIT B
PAYMENT SCHEDULE
COMMUNITY COMPLEX
PROFESSIONAL DESIGN SERVICES
Design Development 45% $189,000.00
Construction Documents,
Specifications and Bidding 45% $189,000.00
Construction Observation 10% $ 42,000.00
Total Fee 100% $ 420,000.00
ADDITIONAL SERVICES
Topographical Survey $ 20,000.00
Geo-Technical Report $ 7,500.00
Plan & Specification Printing $ 6,500.00
Total Fee $ 34,000.00
Total $454,000.00