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HomeMy WebLinkAboutOrdinance No. 03-1506 CITY OF THE COLONY, TEXAS O INANCE NO. C?_g -- AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHOR/ZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KIMLEY-HORN & ASSOC. FOR PREPARATION OF CONSTRUCTION PLANS FOR THE FIVE STAR IRRIGATION WELL; 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 Kimle¥-Horn & Assoc. for preparation of construction plans for the Five Star Irrigation Well. 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 November, 2003. APPROVED: ATTEST: ~~ ' ~- ~, J?Dillard, Mayor Patti A. Hicks, City Secretary AP~FORM: Ci~ ~tto~F~ - THE CITY OF THE COLONY INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH ICIMLEY-HORN AND ASSOCIATES~ INC. PREAMBLE Describing a specific agreement between KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, "the Consultant"), and The City o£ The Colony, Texas (hereinafter "the Cl' "' lent ) m accordance with the terms of the Master Agreement for Continuing Professional Services dated September 9, 2002, which is incorporated herein by reference. SECTION 1 Identification of Project: General Professional Engineering Services - Irrigahon Well for Five Star Park in The Colony, Texas. SECTION 2 General Category of Services: Preliminary Design, Final Design, Bidding and Construction Contract Administration phase services associated with the in-igation well to serve the Five Star Park. SECTION 3 Specific Scope of Basic Services: Kimley-Horn and Associates, Inc. will perform the following basic scope of services under this IPO. A. Task 1 - Preliminary Deai~,n The Consultant will perform the following professional services for this project phase: 1. Data collection of existing site information including site visit and meeting with the Client. 2. Perf°rm a site survey of the proposed well site to locate visible topographic features and existing utilities contained within and adjacent to the site. 3. Prepare preliminary design calculations for sizing well pump, piping, valves, meter, electrical gear, electrical supply, and other appurtenances. 4. Coordinate with regulatory agencies as may be necessary for the design of the project. 5. Pse.pare a preliminary site plan showing the well site layout including well location and yard p~plng. 6. Prepare a preliminary section of the proposed well. 7. Prepare a preliminary alignment of the proposed water line to transport water from the well to the existing irrigation system and other areas of the park based on aerial photographs. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE I OF 9 8. Prepare a preliminary opinion of probable construction cost based upon the preliminary site plan and water line alignment. Meetings: 1. Kick°ff meeting with Client to collect existing site information. 2. Present preliminary site plan, well section, water line alignment and opinion of probable construction cost to the Client. Deliverables: 1. Three (3) copies of preliminary site plan and preliminary opinion of probable construction cost for review and comment. Services/deliverables provided by the Client: 1. Digital copies of the aerial photographs of the project area. 2. Rec°rd drawings f°r the irrigation system, including details of the connection point between the Client's domestic water and irrigation systems, technical information related to the current chemical feed system and the standard operating pressures of the Client's domestic water system in the vicinity of the connection point of the proposed well to the existing irrigation system. 3. C°pies °f City Ordinances that govern items such as Landscaping, Tree, Lighting, adopted Building Code, etc... 4. Current version of Standard Contract Documents in Microsoft Word format. 5. Review and comment on the preliminary submittal. B. Task 2 -Final Desi n The Consultant will perform the following professional services for this project phase, once the preliminary design has been approved by the Client: 1. Perform a design survey along the proposed water line route, survey width not to exceed 50 feet that connects the proposed well to the existing irrigation system in order to establish topography and existing visible features along the route. 2. Prepare engineering plan sheets, specifications and construction Contract Documents, in accordance with the preliminary design, for project bidding and regulatory approval. Plans shall consist of 22" x 34" plan sheets. Plans and specifications shall include technical information for installation of proposed facilities including: irrigation well drilled to the Paluxy formation, controls and instrumentation, electrical, wellhead building that is architecturally compatible with other Five Star Park structures, existing pump station modifications necessary for connection of water line fi.om well and water line design fi.om well to existing pump station. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 2 OF 9 3. The C°ntract Documents shall be based upon the Client's Standard Contract Documents. The yCTCOG Standard Specifications for Public Vforks Construction and the Client's reqmrements for Public Works Construction will govern all other specifications. 4. Submit to the Client three (3) copies of 95% complete plans, specifications, contract documents and an opinion of probable construction cost for review and comment. 5. Submit final plans to the appropriate regulatory agencies for review and approval. 6. Submit final plans, contract documents, and opinion of probable construction cost to the Client. Meetings: 1. Present 95% complete plans, specifications, contract documents and an opinion of probable construction cost to the Client. Deliverables: 1. Three (3 ) ¢°pies of 95% complete plans, specifications, contract documents and an opinion of probable construction cost for review and comment. 2. Two (2) copies of final plans for regulatory approval. 3. Three (3) ¢°pies of final plans, contract documents and an opinion of probable construction cost to the Client. 4. One (1) compact disc containing the electronic files of the plans in .PDF format. Services/deliverables provided by the Client: 1. Review and comment on the 95% submittal. C. Task 3 - Biddino The Consultant will perform the following professional services for this project phase: 1. Print and issue a maximum of 30 sets of plans and specifications for distribution to contractors and plan houses. Additional sets of bidding documents shall be printed, only upon the Client's authorization, as Additional Services. 2. Provide plans and specifications in .PDF format to RFP Depot website for online bidding. 3. Prepare the Notice to Bidders. The Client will be responsible for submitting the Notice to newspapers for advertisement. Advertising will be billed directly to the Client by the newspaper. 4. Issue addenda as required. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 3 OF 9 5. Answer contractor questions. 6. Prepare for and conduct a Pre-bid conference. 7. Attend bid °pening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the Client for award of contract. 8. Prepare six (6) sets of the contract documents for execution by the contractor, receive and review such documents for completeness, and forward to the Client for review and execution. D. Task 4 - Construction Contract Administration The Consultant will provide professional construction phase services for the purpose of providing assistance to the Client during construction. These services are as follows: 1. Pre-Construction Conference. Conduct a Pre-Construction Conference prior to commencement of Work at the Site. Provide eight (8) sets of contract documents for Client and Contractor during the construction phase. 2. Visits to Site and Observation of Construction. Provide on-site construction observation services during the construction phase of the subject project. Observations will vary depending on the type of work being performed by the contractors, the location, and the contractors' schedules. Make visits to the Site at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant shall keep Client informed of the general progress of the Work. The purpose of Consultant's visits to the site will be to enable Consultant to better carry out the duties and responsibilities assigned in this Agreement to Consultant during the construction phase by Client, and, in addition, by the exercise of Consultant's efforts, to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's fumishing and performing the Work. Accordingly, INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 4 OF 9 Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 3. Recommendations with Respect to Defective Work. Recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 4. Clarifications and Interpretations. Issue neyessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by Client. 5. Change Orders. Recommend Change Orders to Client, as appropriate. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept oftbe completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 7. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 8. Inspections and Tests. Require such special inspections or tests of Contractor's work, as Consultant deems appropriate, and receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consultant's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 5 OF 9 or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests and the facts being certified. 9. Disagreements between Client and Contractor. As necessary, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 10. Applications for Payment. Based on C~nsultant's observations and on review of applications for payment and accompanying supporting documentation: Determine the amounts that consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated, such work-in-progress is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled insofar as it is Consultant's responsibility to so determine. In the case of unit price work, Consultant's recommendations of payment will include final determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Consultant shall not thereby be deemed to have represented that observations made by Consultant to check Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. Neither Consultant's review of Contractor's work for the purposes of recommending payments nor Consultant's recommendation of any payment including final payment will impose on Consultant responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, equipment choice and usage, sequences, or procedures of construction of safety precautions or programs incident thereto, nor Contmctur's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 6 OF 9 11. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of Client, Consultant considers the Work substantially complete, Consultant shall notify Client and Contractor. 12. Final Notice of Acceptability of the Work. Conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final ptmch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief and based on the extent of the services provided by Consultant under this Agreement and based upon information provided to Consultant upon which it is entitled to rely. 13. Record Drawings. The Contractor is responsible for providing Record Drawings to the Client. The Consultant will take the information provided on the Record Drawings and modify the plans to reflect this information. The Consultant will provide one (1) copy of the modified plans in .PDF format to the Client. 14. Limitation of Responsibilities. Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. SECTION 4 Additional Services: Additional services to be performed if authorized by the Client, but which are not included in the above- described Scope of Services, are as follows: A. Additional sets of bidding documents over 30. B. Accompanying the Client when meeting with the Texas Commission on Environmental Quality (TCEQ), U.S. Environmental Protection Agency, or other regulatory agencies during the course of the Project, beyond those meetings identified above. The Consultant will assist the Client on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the Client's compliance efforts. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 7 OF 9 C. Assisting Client or Contractor in the defense or prosecut/on of lit/gat/on in connection with or in addition to those services contemplated by this Agreement. Such services,//'any, shall be furnished by Consultant on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. D. Sampling, test/ng, °r analysis beyond that specifically included in the Scope of Services referenced herein above. E. Preparing applicati~ns and supp~rting d~cuments f~r g~vemment grants~ ~~ans, ~r planning advances~ and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for ass/stance to the Client. G. Pr°viding Pr°fessi°nal services associated with the discovery of any hazardous waste or materials in the project site. H. Any additional changes to the Contract Documents necessary to break the project into phases. I. Making significant modifications to the plans and specifications after the 95% submittals have been approved by the Client. J. Pro~/ding project representative serv/ces, on-site inspect/on, during the construction phase of the project. K. Easement acquisition services. L. Preparation ofplatt/ng documents. M. Env/ronmental studies or assessments. N. Addit/°nal meetings beyond those ident/fied in the Scope of Services. O. Construction staking. P. Material test/ng. Q. Any serv/ces not listed in the Scope of Services. SECTION $ Special Terms of Compensation: Consultant will perform the services described in the Final Design Services and Bidding Phase oftbe Scope of Serviccs for a lump sum fcc of $30,000. Thc lump sum fee includes labor costs and direct expenses identified in this contract, as well as items such as in-house duplicating, blueprinting, facsimile, local mileage, telephone, postage, and compotcr expense. INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 8 OF 9 Consultant will perform Preliminary Design Services, Construction Phase Services and Additional Services on a reimbursable basis at the hourly rates in effect at the time of the service plus 6% to cover certain direct expenses for the project which would include in-house duplicating, facsimile, postage, local mileage, telephone, and word processing. Other direct expenses will be invoiced at cost plus 15%. Consultant will not perform any Additional Services without prior approval. Consultant recommends that the Client budget the following for these services: Preliminary Design Services $ 15,000 (Reimbursable) Final Design Services $ 24,000 (Lump Sum) Bidding $ 6,000 (Lump Sum) Construction Phase Services $ 10,000 (Reimbursable) Total Estimated Fees $ 55,000 {Estimated) Consultant's estimate of the amount that will become payable for Preliminary Design Services and Construction Phase Services ' · · and ~s only an estimate for planmng purposes, and is not binding on the parties, is not the minimum or maximum amount payable to Consultant under this Agreement. ACCEPTED: CLIENT: THE CITY OF THE COLONY, TEXAS KIMLEY-HORN AND ASSOCIATES, INC. A MUNICIPALITY TITLE: .~M~ ~L~ ~ TITLE: Senior Vice President D^TE: II-C r DATE: WITNESS: ~N~-) WITNESS: INDIVIDUAL PROJECT ORDER NUMBER 1008 WITH KIMLEY-HORN AND ASSOCIATES, INC. PAGE 9 OF 9 P'qOOOOOS. 024~l'hef'olony[[MDIFgDU~lL PROJECT ORDER blUMBER lO08 doc: