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HomeMy WebLinkAboutResolution No. 07-062 RESOLUTION NO. 07- D&2- 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 KlMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN OF AN ELEVATED STORAGE TANK AT WYNNWOOD PUMP STATION, 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: DESIGN OF AN ELEVATED STORAGE TANK AT WYNNWOOD PUMP STATION; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with KIMLEY-HORN AND ASSOCIATES, 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 $205,000.00 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 $192,000.00 as the base amount, plus a $13,000.00 contingency amount for a total not to exceed $205,000.00, 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 18TH day of JUNE, 2007. (!L~ LJ~ Christie Wilson, City Secretary Dillard, Mayor of The Colony, Texas 63918 THE CITY OF THE COLONY INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIMLEY-HORN AND ASSOCIATES. INe. PREAMBLE Describing a specific agreement between KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter, "the Consultant"), and The City of The Colony, Texas (hereinafter "the Client") in 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: 1.0 million gallon elevated storage tank located at the Wynnwood Peninsula Pump Station site. SECTION 2 General Category of Services: Design, Bidding and Construction Contract Administration services for a new elevated storage tank. SECTION 3 Specific Scope of Basic Services: Consultant will perform the following basic scope of services under this IPO. Task 1 - Final Design The Consultant will perform the following services under this task. This task does not include services associated with options described in Tasks 2, 3 and 4. A. Attend a kick-off meeting with the Client to develop design criteria. B. Coordinate with the following agencies as may be necessary for the design of the project. · Client's Staff · Federal Aviation Administration (FAA), · TCEQ C. Perform a site survey of the proposed site to verifY topographic features and existing utilities contained within and adjacent to the site. D. Utilize the existing geotechnical analysis performed by Kleinfelder ofthe site identifYing subsurface conditions and recommendations regarding foundation design parameters. The data contained in the geotechnical report will be made available to contractors during the bidding process for informational purposes. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIMLEY-HORN AND ASSOCIATES, INC. ',IFtwfpO l'}Jrojec/',PROJECr,000008. 014', TheColonyiMaster _AgreemenIllPO's'INDlVIDUAL PROJECT ORDF.R NUMBER 10 15 ESTFJ NAU.doc PAGE 1 OF8 E. Prepare engineering plan sheets, specifications and construction Contract Documents for project bidding and regulatory approval. Plans will consist of 22" x 34" plan sheets. The Consultant anticipates preparing approximately 15-20 plan sheets. The Consultant will provide the following information on the plan sheets: · Civil sheets Site plans Profiles Elevations Sections Tank logo Grading Landscaping Details · Electrical sheets Site plan Floor plan Sections Control and instrumentation Details F. Specifications will include technical specifications for materials and installation of proposed facilities. The Contract Documents will be based upon the Client's Standard Contract documents. The NCTCOG Standard Specifications for Public Works Construction and the Client's requirements for Public Works Construction will govern all other specifications. G. Perform electrical engineering services for the proposed water tank. The electrical design will include the following: a. General electrical design for the proposed elevated storage tank. b. Security features identified in the Client's Vulnerability Assessment document. c. Design of obstruction lighting in accordance with FAA requirements. d. Site lighting at the base of the elevated storage tank. e. Design and specification of SCADA equipment that will interface with the existing SCADA system. f. Modification of controls from the existing pressure tank to the EST H. Submit to the Client 95% plans, specifications, Contract Documents, and OPCC for review and comments. I. Make revisions based on the Client's review comments. J. Submit final plans to the following regulatory agencies for review: a. TCEQ b. Texas Department of Licensing and Registration (TDLR) - for ADA requirements (if required). The Consultant will pay the review fee required for plan submittal one time. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIM LEY-HORN AND ASSOCIATES, INC. '\FtwfpOl ''}Jrojec/'.PROJEC7'.000008. 024\ TheColonyiMas/er Agreemen/\lPO'slJNDlVIDUAL PROJECT ORDER NUMBER 1015 j.'STj''lNAU.doc PAGE20F8 K. Submit to the Client final bidding documents for the project. Meetings: a. Meet with Client one time to present 95% complete plans, specifications, Contract Documents and an OPCC for this phase of the project. b. Meet with Client one time to present Final Plans and Specifications, Contract Documents and an OPCC for this phase of the project. c. Prepare for and attend one (1) City Council meeting. Deliverables: b. Three (3) copies of95% complete plans, specifications, contract documents and an OPCC for review and comment. c. Two (2) copies of final plans for regulatory approval. d. Three (3) copies of final plans, contract documents and OPCC. e. One (1) compact disc containing the electronic files of the scanned plans in .PDF format. ServicesIDeliverables provided by the Client: a. Review and comment on the 95% submittal. b. Copies of City Ordinances that govern items such as Landscaping, Lighting, adopted Building Code. Task 2 - Bidding Phase Services The Consultant will perform the following professional services for this project phase: A. Print and issue a maximum of 30 sets of plans and specifications for distribution to contractors and plan houses. A non-refundable deposit will be required of prospective bidders upon receiving plans and specifications. Additional sets of bidding documents shall be printed, only upon the Client's authorization, as Additional Services. B. 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. C. Issue addenda as required. D. Answer contractor questions. E. Prepare for and conduct a Pre-bid conference. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIMLEY-HORN AND ASSOCIATES, INC. \ IFtwfpOl 'p"'lec/IPROJEC7',000008. 024', TheC%nyiMa.\'/er Agreemen/\lPO:>'dNDlVIDUAL PROJECT ORDER NUMBER 1015. ESt FlNAU.ooc PAGE30F8 F. Attend bid opening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the Client for award of contract. G. 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. Task 3 - Construction Contract Administration Services Consultant will provide professional construction phase services for the purpose of providing assistance to the Client during construction for each project. These services are as follows: 1. Pre-Construction Conference. Consultant will attend a Pre-Construction Conference prior to commencement of Work at the Site. Provide eight (8) sets of Contract Documents for use by Client and contractor during the construction phase. 2. Visits to Site and Observation of Construction. Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits 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 evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. 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 furnishing and performing the Work. Accordingly, 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. Consultant will 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. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIM LEY-HORN AND ASSOCIATES, INC. ",Ftwfpor'projec/IPROJEC7'000008.024\ TheColony'iMas/er _ Agreemell/'dPO's'INDlV1DlfAL PROJECT ORDER NUMBER IOI5ESTF1NAU.doc PAGE40F8 4. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. 5. Change Orders. Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples. Consultant will 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. 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. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may 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, 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. Consultant will, if requested by Client, 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. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIM LEY-HORN AND ASSOCIATES, INC. ','FtwfpO l'pr<'lecl'PROJECr,000008. 024, TheColony'Masler _ Agreement'dPO's'INJJlVIDUAL PROJECT ORDER NUMBER 1015 EST FINAU.doc PAGE50F8 10. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will 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 and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Consultant's recommendations of payment will include 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 its observations to check Contractor's work 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. 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. 11. Substantial Completion. Consultant will, promptly after notice from Contractor that it 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 will notifY Client and Contractor. 12. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch 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 based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. 13. 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. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIM LEY-HORN AND ASSOCIATES, INC. ','FtwfpOl',projec/'.PROJEC71000008. 024\ TheC%t/yiMa,!er _ Agreemen/\IPO'NNDlVIDUAL PROJECT ORDER NUMBER 1015 JST_ flNAU.doc PAGE60F8 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 B. Work associated with taking the pressure tank system completely out of service. C. Breaking the project into phases beyond what is specifically shown in Scope of Services for additional floors, disinfection facilities, etc.... D. Accompanying the Client when meeting with the TCEQ, U.S. Environmental Protection Agency, Corps of Engineers 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. E. Assisting Client or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, will be furnished by Consultant on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. F. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above. G. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. H. 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 assistance to the Client. I. Providing professional services associated with the discovery of any hazardous waste or materials in the project site. J. Any additional changes to the Contract Documents necessary to break the project into phases or bidding portions of the project at a later date. K. Making significant modifications to the plans and specifications after the 95% submittals have been approved by the Client. L. Providing project representative services, on-site inspection, during the construction phase of the project. M. Additional meetings beyond those identified in the Scope of Services. N. Preparation for and attendance to public meetings to discuss the project. O. Any services not listed in the Scope of Services. INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIM LEY-HORN AND ASSOCIATES, INC. ",FtwfpO 1 ''}Jrojecl\PROJEC7'000008. 024', TheColony'Master.. Agreemelll'dPO's'dNDlVIDUAL PROJECT ORDER NUMBER 1015. EST F1NAU.ooc PAGE70F8 SECTION 5 Special Terms of Compensation: Consultant will perform Tasks 1 through 3 in the Scope of 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%. We will not perform any Additional Services without prior approval. Fees will be invoiced monthly based on services provided. Consultant recommends that the Client budget the following for these services: Task 1 - Final Design Services Task 2 - Bidding Task 3 - CCA Services $119,000 $ 13,000 $ 60,000 (Reimbursable) (Reimbursable) (Reimbursable) Consultant's estimate of the amount that will become payable for Tasks 1-3 is only an estimate for planning purposes, and is not binding on the parties, and is not the minimum or maximum amount payable to Consultant under this Agreement. ACCEPTED: CLIENT: THE CITY OF THE COLONY, TEXAS A MUNICIP ALITX ^ BY: \)~ ~ KIMLEY -HORN AND ASSOCIATES, INe. BY: C ~(--1~ Cole Webb, P.E. TITLE: TITLE: Assistant Secretary DATE: :) DATE: ~ -'(-07 ~ WITNESS: WITNESS: TITLE:Uptdfj O!tf5t'1' TITLE: Vice President INDIVIDUAL PROJECT ORDER NUMBER 1015 WITH KIMLEY-HORN AND ASSOCIATES, INC. "FtwfpOl 'project'PROJEC71000008. 024" TheC%nyiMa.\'(er.Agreemeflt'd POWNJJJVIDUAL PROJECT ORDER NUMBER 1015 EST flNAU.doc PAGE 8 OF 8