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HomeMy WebLinkAboutOrdinance No. 03-1445 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DUNKIN~ SIMS~ STOFFELS~ INC. TO PROVIDE SILT REMOVAL AT SCOUT PARK POND AND LION'S CLUB POND IN THE AMOUNT OF $28,000.00; 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 Dunkin, Sims, Stoffels, Inc.. for silt removal at Scout Park and Lion's Club Park in the amount of $28,000.00. 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 of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 17th day of March, 2003. APPROVED: Patti A. Hicks, City Secretary APPROVED AS TO FORM: City Atto~m y ~ CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this ~'1 day of^ ~/4flr~l, 2003, 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 Scout Park and Lions Club Park Pond Renovation (the "Project"). CONTRACTUAL UNDERTAKINGS Section I Employment Of IAkNDSCAPE 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 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 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 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 serviceg fee for completing the scope of services as outlined 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/deliver/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 requized 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. 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 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 XI 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 ARCHITECTs independent professional associates and consultants. Section III 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 prompdy 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. Section XIII 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 XIV 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 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 this CONTRACT shall be construed under the laws of the State of Texas. Section XVI 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 XVlI Preparation of Mternates 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. 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 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 sevqices 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 itsC,:6. /t/t~e ~l~eseunto duly authorized), this ~ day of ~/~, 2003. ! CITY OF THE COLONY I~Ud~IKIN SIMS S'EO'I~FELS, INC. [sig a el [Sig at e] Dale Cheatham, City Manager Dennis G. Sims, Principal [Typed Name, Title] [Typed Name, Title] EXHIBIT'A' February 12, 2003 Ms. Pam Nelson Director of Parks and Recreation City of The Colony 5151 North Colony Blvd The Colony, Texas 75056 Dear Ms. Nelson: We appreciate the opportunity to submit this scope of services for the Scout Park Pond improvement project. We will be assisted by Nathan D. Maier Consulting Engineers and Reed Engineering on this project. These services will outline our approach for preparation of the following construction documents. Dam analysis and recommendations Pond excavation plans and specifications Up stream drainage swale improvements PHASE I - BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS Design Development Services It is our understanding the dam was breached due to shrink, swelling of the soils. Reed Engineering will prepare a report on the stability of the dam and recommend measures for dam stability. Once we have an understanding of the work required to stabilize the dam, plans will be prepared for excavation and removal of the silt materials from the pond. Quantities of slit will be estimated based on the Reed Engineering study which determined the depth of the silt in the pond. The drainage swales draining into the pond will be analyzed to correct existing erosion and prevent future erosion. This may include drainage structures and environmental methods to stabiliT, e the slopes and reduce the amount of silt which may drain into the pond in the future. Once the final scope of services for the pond, dam and swales have been agreed on by staff and the consultant, cost estimates for construction and construction documents will be prepared. 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. 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 (214) 553-5778 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: · Grading Plan(s), which will estabhsh grades for all elements of the project. · Layout Plan(s) locating by dimensions all walks, park roads, construction. · 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 office 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. Construction Administration We will perform the following tasks during this phase of the project: · Consultation and advice 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 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 provide a punch list to Contractor to complete the project. PROFESSIONAL FEES FOR PHASE I We will prepare the services m Phase I for the following: · Dam stability report (Reed Engineering) $ 3,000.00 · Pond excavation and swale plans $15,800.00 The fee for the pond excavation and swale plans is based on a construction budget of $250,000.00. The final construction amount may not be determined until the extent of dam improvements or corrections and swale improvements are defined. Total $18,800.00 PHASE Il-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. Topographic Base Map Nathan D. Maier Consulting Engineers will prepare a topographic base map for site which will include the dam, pond and swale to the pond. The base map will be in one foot concrete intervals. We would recommend the City budget $4,200.00 for the base map. Should the City decide to dredge the pond at Lions Club Park, the City should budget an additional $3,000.00 for this task. Additional Services 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 AutoCadd files. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. 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 m~iling sets of contract documents to prospective bidders will be charged to the City. We would recommend the City budget $ 2,000.00 for this task. We appreciate the oppormmty to submit this scope of services and look forward to working with you S~. d the City of The Colony. Please call if you have any questions regarding this proposal. cerely, Principal