HomeMy WebLinkAboutResolution No. 06-087
RESOLUTION NO. 06-0 g1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND CHIANG, PATEL & YERBY, INC. FOR
THE PREPARATION OF ENGINEERING DESIGN PLANS AND
SPECIFICATIONS FOR PHASE I WATER MAIN REPLACEMENTS,
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: PREPARATION OF ENGINEERING DESIGN
PLANS AND SPECIFICATIONS FOR PHASE I WATER MAIN REPLACEMENTS; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with CHIANG, PATEL & YERBY, 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 the sum not to
exceed $51,000 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Engineering 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 in the amount of $46,300 as the base amount, plus a $4,700 contingency amount
for a total not to exceed $51,000, and the City Manager is hereby authorized to execute the Contract
on behalf ofthe 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 16th day of October, 2006.
rJhtu' UJ~
Christie Wilson, City Secretary
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63918
City of The Colony
Engineering Services Agreement for
Residential Water Main Replacement Phase I
Exhibit A
Scope of Services
General
The Project includes the design and development of plans and specifications, suitable for
bidding and construction for the following water main replacements of the City's distribution
system.
1. Ragan Place (Ragan Drive to Ragan Place Cul-de-sac) -380 linear feet
2. Cockrell Circle (Hetherington Drive to Cockrell Circle Cul-de-sac) -240 linear feet
3. Crawford Drive (Blair Oaks Drive to John Yates Drive) -1,480 linear feet
4. Wheeler Circle (Wilcox Drive to Wheeler Circle Cul-de-sac) -380 linear feet
The detailed Scope of Services are described below:
Detailed Scope of Basics Services
A. Final Design
1. Prepare plans and specifications suitable for bidding and construction
for replacement of the residential water mains along the streets
identified above. All improvements will be included in one set of
construction documents.
2. Prepare preliminary alignment plans for field checking the alignment
with the City staff.
3. Review the proposed alignment with the City staff. Make necessary
changes in the alignment based on City's comments.
4. Submit plans (60% set) to the City of review and comments.
5. Conduct a design review meeting with the City staff to discuss the
City's review comments (60% set) from the design submittal. Prepare
and issue a comments and response form to the City.
6. Submit plans and specifications (90% set) to the City for review and
comments.
7. Conduct a design review meeting with the City staff to discuss the
City's review comments (90% set) from the design submittal. Prepare
and issue a comments and response form to the City.
8. Submit the plans to the Utilities companies for coordination.
9. Incorporate City's comments and prepare final plans and
specifications for bidding.
10. Conduct an internal quality assurance/control review ofthe plans and
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October 6,2006
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specifications at each submittal to the City.
11. Prepare cost projections at 60%, 90% and final submittal for the
proposed improvements.
12. Submit bidding documents to the City for advertisement.
B. Bidding and Award (one construction contract)
1. Assist the City in advertising and receiving bids.
2. Answer any questions from bidders and prepare any required
addenda.
3. Attend Pre-Bid Meeting.
4. Attend Bid opening and review bids received and make a
recommendation regarding award of a construction contract.
C. Construction Phase (one construction contract)
1. Attend the project Pre-Construction Meeting.
2. Make once a month site visits to review the Contractor's progress and
to determine if the construction is being completed in general
conformance with the plans and specifications.
3. Review submittals and shop drawings.
4. Review the Contractor's monthly progress payment application and
make a recommendation to the City regarding payments to the
Contractor.
5. Respond to any questions submitted by the Contractor regarding the
intent of the plans and specifications.
6. Assist the City in preparing and negotiating any required change
orders. Make recommendations to the City regarding any change
orders.
7. Incorporate any construction records submitted by the City and/or the
Contractor into the plans and submit a set of record drawings.
D. Special Services
Chiang, Patel & Yerby, Inc. will retain a surveyor to perform field survey to
assist in preparing design drawings.
1. Field Surveys
a. Establish project control
i) Horizontal control based on Texas State Plane
Coordinate System, North Central Zone (NAD 1983),
referenced to The Colony Global Positioning
Monuments.
ii) Vertical control based on North American Vertical
Datum 1988 (NAVD 88), referenced to The Colony
Global Positioning Monuments.
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iii) Set a minimum of two (2) control points for each street.
b. Perform detailed planimetric survey for the fuU width of the
streets (sidewalk to sidewalk), unless obstructed.
i) Locate horizontal and vertical position of all visible
improvements within the project limits.
ii) Items to be located will include, however are not limited
to: buildings, walls, hardscape and landscape features,
sidewalks, individual trees, tree wells, sprinkler control
boxes, traffic control boxes, curbs, driveways, signs,
water meters, fire hydrants, manholes, cleanouts, inlets,
utility pedestals, street lights, overhead utilities, etc.,
within the project limits.
c. Place a Dig-Tess call to have underground utilities marked in
the field.
d. Map utility markings as placed by Dig-Tess.
e. Obtain flow line elevations and pipe sizes, as possible, for
each wastewater manhole and storm drainage inlet.
f. Locate visible water valves and acquire top of nut elevations, if
possible.
g. Locate visible gas, electric and telephone manholes, these
structures will not be opened or accessed.
h. Spot elevations will be acquired along the project limits, on an
as needed basis.
i. Extend the planimetric survey a maximum of 100 feet along all
cross streets and intersecting streets at the ends of each
project area.
J. Reduce and review all fieldwork.
k. Based on Right of Way information obtained, and property
corners / right of way monuments found, illustrate the apparent
right of way of all street and cross streets within the project
areas.
I. Prepare drawing files (Base Map) to specified standards. The
drawing will be a summary of our research efforts and field
surveys performed.
E. Schedule
1. Consultant will submit Final Design documents five months after
notice to proceed.
F. Fee
1. Consultant will perform the Basic Services for a not to exceed lump
sum fee of $28,900. The Special Services (Survey) will be performed
for a not to exceed lump sum fee of $17,400. The total combined
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compensation for Basic and Special Services shall not exceed
combined $46,300.
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into the J I~ day of ()d, 2006, by
and between the CITY OF THE COLONY, TE~inafter referred to as
CITY and CHIANG, PATEL & YERBY, INC., hereinafter referred to as
UNDERSIGNED.
WHEREAS, CITY desires UNDERSIGNED to perform certain work and
services set forth in Scope of Services, marked Exhibit "A", and attached hereto
and incorporated herein.
WHEREAS, the UNDERSIGNED has expressed a willingness to perform
said work and services, hereinafter referred to only as "services", specified in
said Scope of Services, and enumerated under Article II of this Agreement.
NOW, THEREFORE, all parties agree as follows:
ARTICLE I
GENERAL
UNDERSIGNED, shall furnish and pay for all labor, tools, materials,
equipment, supplies, transportation and management necessary to perform all
services set forth in Article" hereof for the CITY in accordance with the terms,
conditions and provisions of the Scope of Services, marked Exhibit "A", and
attached hereto and incorporated herein for all purposes. CITY may, at any time,
stop any services by the UNDERSIGNED upon giving UNDERSIGNED written
notice. UNDERSIGNED shall be bound to CITY by the terms, conditions and
responsibilities toward the CITY for UNDERSIGNED'S services set forth in this
Agreement.
ARTICLE II
SERVICES
A. The following services, when authorized in writing by a Notice to
Proceed, shall be performed by the UNDERSIGNED in accordance
with the CITY'S requirements:
Professional Enoineerino Services for Residential Water Main
Replacement. as described in Exhibit A
B. UNDERSIGNED shall be responsible for the professional quality,
technical accuracy, and the coordination of all designs, drawings,
specifications, plans and other services furnished by UNDERSIGNED
under this Agreement. UNDERSIGNED shall, without additional
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compensation, correct or revise any errors or deficiencies in the
design, drawings, specifications, plans and other services.
C. Neither CITY'S review, approval or acceptance of, nor payment for any
of the services required under this Agreement, shall be construed to
operate as a waiver of any rights under this Agreement, and
UNDERSIGNED shall be and remain liable to the CITY in accordance
with applicable law for all damages to the CITY caused by the
UNDERSIGNED'S negligent performance of any of the services
furnished under this Agreement.
D. The rights and remedies of the CITY under this Agreement are as
provided by law.
ARTICLE III
PAYMENT
A. CITY shall pay UNDERSIGNED for all services authorized in writing
and properly performed by the UNDESIGNED on the basis herein
described, subject to additions or deletions for changes or extras
agreed upon in writing.
B. The amount paid to UNDERSIGNED shall not exceed a lump sum fee
for basic services at $ 28.900 and special services (survey) at $17.400
for a total of $ 46.300 combined. Partial payment will be made on a
monthly basis for completed portions of the work as approved by the
CITY.
C. Upon complete performance of this Agreement by the UNDERSIGNED
and final approval and acceptance of UNDERSIGNED'S service by the
CITY, CITY will make final payment to UNDERSIGNED of the balance
due under this Agreement within thirty-(30) days of the following month
after final payment for such services has been billed by the
UNDERSIGNED.
D. CITY may deduct from any amounts due or to become due to the
UNDERSIGNED any sum or sums owing by the UNDERSIGNED to
the CITY. In the event of any breach by the UNDERSIGNED of any
provision or obligation of this Agreement, or in the event of the
assertion by other parties of any claim or lien against the CITY, or the
CITY'S premises, arising out of the UNDERSIGNED'S performance of
this Agreement, the CITY shall have the right to retain out of any
payments due or to become due to the UNDERSIGNED an amount
sufficient to completely protect the CITY from any and all loss, damage
or expense therefrom, until the breach, claim or lien has been
satisfactorily remedied or adjusted by the UNDERSIGNED.
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ARTICLE IV
TIME FOR PERFORMANCE
A. UNDERSIGNED shall perform all services as provided for under this
Agreement in a proper, efficient and professional, manner in
accordance with the CITY'S requirements. Both parties have agreed
to the provisions of this Agreement in anticipation of the orderly and
continuous progress of the project through completion of the Scope of
Services specified in Exhibit "A", attached hereto.
B. In the event UNDERSIGNED'S performance of this Agreement is
delayed or interfered with by acts of the CITY or others, the
UNDERSIGNED may request an extension of time for the performance
of same as hereinafter provided, but shall not be entitled to any
increase in fee or price, or to damages or additional compensation as a
consequence of such delays unless such delays exceed ninety-(90)
days.
C. No allowance of any extension of time, for any cause whatever, shall
be claimed or made to the UNDERSIGNED, unless the
UNDERSIGNED shall have made written request upon the CITY for
such extension within forty-eight-(48) hours after the cause for such
extension occurred, and unless the CITY and the UNDERSIGNED
have agreed in writing upon the allowance of additional time to be
made.
ARTICLE V
DOCUMENTS
A. All instruments of service (including plans, specifications, drawings,
reports, designs, computations, computer programs, estimated,
surveys, other data or work items, etc.) prepared under this Agreement
shall be submitted for approval of the CITY. All instruments of service
shall be professionally sealed as may be required by law or by the
CITY.
B. Such documents of service, together with necessary supporting
documents, shall be delivered to the CITY, and the CITY shall have
unlimited rights, for the benefit of the CITY, in all instruments of
service, including the right to use same on any other work of the CITY
without additional cost to the CITY. If, in the event the CITY uses such
instruments of service on any work of the CITY other than that
specified in the Scope of Services, attached as Exhibit "A", provided
the UNDERSIGNED completes this Agreement, under those
circumstances the CITY hereby agrees to protect, defend, indemnify
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and hold harmless the UNDERSIGNED, their officers, agents, servants
and employees, from and against suits, actions, claims, losses, liability
or damage of any character, and from and against costs and
expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of
injury, disease, sickness, including death, to any person or damage to
property including, in part, the loss of use resulting therefrom, arising
from any inaccuracy, such use of such instruments of service with
respect to such other work except where the UNDERSIGNED
participates in such other work.
C. The UNDERSIGNED agrees to and does hereby grant to the CITY a
royalty-free license to all such instruments of service which the
UNDESIGNED may cover by copyright and to all designs as to which
the UNDERSIGNED may assert any rights or establish any claim
under the design patent or copyright laws. The UNDERSIGNED, after
completion of the project, agrees to furnish the originals of all such
instruments of service to the CITY.
D. All word documents supplied to the CITY as provided herein shall be in
Microsoft Word 98 or higher edition, or in a format compatible with the
aforementioned program. All plan documents shall be in AutoCAD 14
or higher version.
ARTICLE VI
TERMINATION
A. The CITY or the UNDERSIGNED may suspend or terminate this
Agreement for cause or without cause at any time by giving written
notice to the UNDERSIGNED. In the event suspension or termination
is without cause, payment to the UNDERSIGNED, in accordance with
the terms of this Agreement, will be made on the basis of services
reasonably determined by the CITY to be satisfactorily performed to
date of suspension or termination. Such payment will be due upon
delivery of all instruments of service to the CITY.
B. Should the CITY require a modification of its contract with the
UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail
to agree upon a modification to this Agreement, the CITY and the
UNDERSIGNED shall have the option of terminating this Agreement.
Payment to the UNDERSIGNED shall be made by the CITY in
accordance with the terms of this Agreement, for the services mutually
agreed upon by the CITY and the UNDERSIGNED to be properly
performed by the UNDERSIGNED prior to such termination date.
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ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain Workers' Compensation
with statutory limits.
B. UNDERSIGNED shall provide and maintain in full force and effect
during the time of this Agreement, auto insurance (including, but not
limited to, insurance covering the operation of owned and non-owned
automobiles, trucks and other vehicles) protecting the UNDERSIGNED
and the CITY as an additional Insured with limits not less than
250/500/100,000.
C. UNDERSIGNED shall provide general Liability Insurance. Such
insurance covering personal and bodily injuries or death shall be in the
sum of not less than Two Hundred Fifty Thousand ($250,000) Dollars
per occurrence and Five Hundred Thousand ($500,000) Dollars
aggregate. Insurance covering damages to property shall be in the
sum of not less than One Hundred Thousand ($100,000) Dollars. The
General Liability Insurance must name the CITY as an additional
Insured.
D. UNDERSIGNED shall also provide and maintain Professional Liability
Errors and Omissions Insurance coverage to protect the
UNDERSIGNED and the CITY from liability arising out of the
performance of professional services, if any, under this Agreement.
Such coverage shall be in the sum of not less than Three Hundred
Thousand ($300,000) Dollars per occurrence and Five Hundred
Thousand ($500,000) Dollars aggregate. Such insurance shall be kept
in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that
time, the CITY may pay the premiums to keep the insurance in effect
and recover the cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to
the CITY before any services are performed. Such Certificate shall
provide thirty (30) days written notice to the CITY prior to the
cancellation or modification of any insurance referred to therein and
continue to issue such certificate for four (4) years after completion of
the contract.
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ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCE
UNDERSIGNED further specifically obligates itself to the CITY in the
following respects, to-wit:
The UNDERSIGNED hereby agrees to protect, indemnify and hold
harmless the CITY, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees"), from and against suits,
actions, claims, losses, liability or damage of any character, and from and against
costs and expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of injury,
disease, sickness, including death, to any person or damage to property
including, in part, the loss of use resulting therefrom arising from any negligent
act, error, or omission of the UNDERSIGNED, its officers, employees, servants,
agents or subcontractors, or anyone else under the UNDERSIGNED'S direction
and control and arising out of, resulting from, or caused by the performance or
failure of performance of any work or services called for by this Agreement, or
from conditions created by the performance or non-performance of said work or
services. In the event one or more of the Indemnitees is determined by a court of
law to be jointly or derivatively negligent or liable for such damage or injury, the
UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided
herein on a proportionate basis in accordance with the final judgment, after all
appeals are exhausted, determining such joint or derivative negligence or liability.
The UNDERSIGNED is not responsible for the actions of the CITY'S
contractor to perform the construction of the improvements covered under this
Agreement.
Acceptance and approval of the final plans by the CITY shall not constitute
nor be deemed a release of this responsibility and liability of the
UNDERSIGNED, its employees, associates, agents and consultants for the
accuracy or competency of their designs, working drawings and specifications, or
other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by the CITY for any defect in the designs,
working drawings and specifications, or other documents prepared by the
UNDERSIGNED, its employees, contractor, agents ad consultants.
ARTICLE IX
INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION
UNDERSIGNED agrees that it is an independent contractor and not an
agent of the CITY, and that the UNDERSIGNED is subject, as an employer, to all
applicable Unemployment Compensation Statutes, so as to relieve the CITY of
any responsibility or liability from treating the UNDERSIGNED'S employees as
employees of the CITY for the purpose of keeping records, making reports or
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payments of Unemployment Compensation taxes or contributions. The
UNDERSIGNED further agrees to indemnify and hold the CITY harmless and
reimburse it for any expenses or liability incurred under said Statutes in
connection with employees of the UNDERSIGNED.
ARTICLE X
INDEMNIFICATION FOR PERFORMANCE
UNDERSIGNED shall defend and indemnify Indemnitees against and hold
the CITY and the premises harmless from any and all claims, suits or liens based
upon or alleged to be based upon the non-payment of labor, tools, materials,
equipment, supplies, transportation and management costs incurred by the
UNDERSIGNED in performing this Agreement.
ARTICLE XI
ASSIGNMENT
UNDERSIGNED shall not assign or sublet this Agreement or any part
thereof, without the written consent of the CITY. Sale of more than fifty (50%)
percent ownership of the UNDERSIGNED shall be construed as an assignment.
ARTICLE XII
APPLICABLE LAWS
UNDERSIGNED shall comply with all Federal, State, County and
Municipal laws, ordinances, regulations, safety orders, resolutions and building
codes, including the Americans With Disabilities Act, relating or applicable to
service to be performed under this Agreement.
This Agreement is performable in the State of Texas and shall be
governed by the laws of the State of Texas. Venue on any suit hereunder shall
be in Denton County Texas.
ARTICLE XIII
DEFAULT OF UNDERSIGNED
In the event the UNDERSIGNED fails to comply or becomes disabled and
unable to comply with the provisions of this Agreement as to the quality or
character of the service or time of performance, and the failure is not corrected
within ten (10) days after written notice by the CITY to the UNDERSIGNED, the
CITY may, at its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any
further consideration to the UNDERSIGNED except for all work
determined by the CITY to be satisfactorily completed prior to
termination. Payment for work satisfactorily completed shall be for
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actual costs, including reasonable salaries and travel expenses of the
UNDERSIGNED to and from meetings called by the CITY at which the
UNDERSIGNED is required to attend, but shall not include any loss of
profit of the UNDERSIGNED. In the event of such termination, the
CITY may proceed to complete the services in any manner deemed
proper by the CITY, either by the use of its own forces or by re-
submitting to others. In either event, the UNDERSIGNED shall be
liable for all costs n excess of the total contract price under this
Agreement incurred to complete the services herein provided for and
the costs so incurred may be deducted and paid by the owner out of
such monies as may be due or that may thereafter become due to the
UNDERSIGNED under and by virtue of this Agreement.
B. The CITY may, without terminating this Agreement or taking over the
services, furnish the necessary materials, equipment, supplies and/or
help necessary to remedy the situation, at the expense of the
UNDERSIGNED.
ARTICLE XIV
ADJUSTMENTS IN SERVICES
No claims for extra services, additional services or changes in the services
will be made by the UNDERSIGNED without a written agreement with the CITY
prior to the performance of such services.
ARTICLE XV
EXECUTION BECOMES EFFECTIVE
This Agreement will be effective upon execution of the contract by both the
UNDERSIGNED and the CITY.
ARTICLE XVI
AGREEMENT AMENDMENTS
This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and there are not oral understandings,
statements or stipulations bearing upon the meaning or effect of this Agreement
which have not been incorporated herein. This Agreement may only be modified,
amended, supplemented or waived by a written instrument executed by the
parties except as may be otherwise provided therein.
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ARTICLE XVII
GENDER AND NUMBER
The use of any gender in this Agreement shall be applicable to all
genders, and the use of singular number shall include the plural and conversely.
ARTICLE XVIII
NOTICES AND AUTHORITY
A. The UNDERSIGNED agrees to send all notices required under this
Agreement to the City Manager of the City of The Colony, or his
designee, at 6800 Main Street, The Colony, Texas 75056-1133. The
UNDERSIGNED understands that only the City Manager or his
designee has the authority to represent the CITY or bind the CITY
under this Agreement.
B. The CITY agrees to send all notices required under this Agreement to
the UNDERSIGNED at:
Chiang, Patel & Yerby, Inc.
Edward M. Motley, PE
Senior Vice President
1820 Regal Row
Dallas, TX 75235
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ARTICLE XIX
CLOSURE
IN WITNESS W7CJ'EOF, the partit hereto 06 executed this
Agreement on the day of Ot L , 20 ..
CITY:
UNDERSIGNED:
By: CJh~
City Manager
6800 Main Street
The Colony, Texas 75056-1133
C~ir:rzbY, Inc.
By: Edward M. Motlev. PE
City of The Colony, Texas
Title: Senior Vice President
Address: 1820 ReQal Row
Dallas. TX 75235
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