HomeMy WebLinkAboutResolution No. 07-066
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 07-~{P
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE TERMINATION OF PROFESSIONAL
SERVICES CONTRACT WITH DUNKIN SIMS STOFFELLS, INC.
DATED AUGUST 21, 2006 FOR THE SHORELINE TRAIL
PROJECT AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A NEW PROFESSIONAL SERVICES CONTRACT
WITH DUNKIN SIMS STOFFELLS, INC. FOR BASIC DESIGN,
CONSTRUCTION DOCUMENTS AND SPECIFICATIONS,
BIDDING PROCESS AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE REVISED SHORELINE TRAIL PROJECT;
ATTACHING THE APPROVED FORM OF CONTRACT AS
EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the PROFESSIONAL SERVICES CONTRACT WITH DUNKIN SIMS
STOFFELLS, INC. FOR BASIC DESIGN, CONSTRUCTION DOCUMENTS AND
SPECIFICA TIONS, BIDDING PROCESS AND CONSTRUCTION
ADMINISTRATION SERVICES FOR THE REVISED SHORELINE TRAIL
PROJECT.
Section 2. That the previous contract for professional services dated August
21, 2006 with DUNKIN SIMS STOFFELLS, INC. is terminated upon approval of the
revised contract.
Section 3. That a true and correct copy of the Contract is attached hereto and
incorporated herein, as exhibit A.
Section 4.
behalf of the city.
That the city manager is authorized to execute the Contract on
Section 5.
passage.
That this resolution shall take effect immediately from and after its
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd day of July, 2007.
ATTEST:
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APPROVED AS TO FORM:
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CONSUL T ANT CONTRACT
CITY OF THE COLONY
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT is made and entered into this date by and between the CITY OF THE
COLONY, a Texas municipal corporation (hereinafter referred to as the "CITY", and DUNKIN
SIMS STOFFELS, INC. (hereinafter referred to as "CONSULTANT") and evidences the
following:
I.
PURPOSE
CONSUL T ANT shall provide Basic Design, Construction Documents and Specifications, Bidding
Process and Construction Administration Services for The Colony Shoreline Hike and Bike
Trail.
II.
DESCRIPTION OF SERVICES
The services which CONSULTANT shall provide for the CITY shall include the following:
A. CONSUL T ANT hereby covenants and agrees that CONSULTANT is to work
closely with the CITY's Park Development Manager or his chosen agent, and/or
other appropriate officials of the CITY, and that CONSULTANT is to perform any
and all tasks required of CONSULTANT to fulfill the purposes of this Contract.
B. CONSUL T ANT and the CITY covenant and agree that CONSULTANT shall
perform all of the services and work contained in CONSULTANT'S proposal to
the CITY (attached hereto as "Exhibit A"); said document being part of this
Contract and incorporated in its entirety herein. The parties agree that should there
be any conflict between the terms of the incorporated document and this Contract,
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the provisions of this Contract shall control.
C. CONSULTANT expressly covenants and agrees to provide the CITY with such
written reports as may be required by the scope of the proposal.
D. CONSULTANT will provide the CITY with one "hard copy set" and one digital
set of the final contract documents, plans and reports. Record drawings of the plans
and revised digital files shall be provided by the CONSULTANT upon completion
of the project. Also, provide the CITY with a digital copy in pdf format and four
sets of plans. Digital files shall be on labeled Compact Disk(s).
III.
PERFORMANCE OF WORK
CONSULTANT or CONSULTANT'S associates and employees shall perform all the work called
for in this Contract. CONSULTANT hereby covenants and agrees that all of CONSULTANT'S
associates and employees who work on this project shall be fully qualified to undertake same and
competent to do the work described in this Contract.
IV.
PAYMENT
The CITY shall pay to CONSULTANT a sum not to exceed $178,650.00 for the services
including expenses in accordance with "Exhibit A". CONSULTANT shall bill CITY on a monthly
basis for services rendered, based upon percentage of work completed. City shall make prompt
monthly payments in the amount shown by the CONSULTANT'S approved monthly statements
and other documentation submitted. No interest shall ever be due on late payments. Within 30 days
after the final completion and acceptance by the CITY of all work under this Contract, and
demonstration of payment of all suppliers and sub-contractors final payment shall be due.
V.
TERM OF THE CONTRACT
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This Contract shall commence and be in full force and effect upon the signing of the Contract and
observance of the appropriate formalities. This Contract shall terminate by June 30, 2008 at which
time all of the work called for under this Contract must be completed unless the parties mutually
agree in writing to extend the term of the Contract, or, unless otherwise terminated as provided in
Paragraph XV herein.
Throughout the project the Consultant must establish and maintain procedures for tracking and
reporting progress. On Projects lasting over two months and exceeding $15,000, the Consultant
shall submit to the City written progress reports on a monthly basis. The reports shall include a
brief summary of progress relative to each phase of work of the project. Reports shall include
minutes of review meetings, documentation of any changes, and shall address issues and challenges
encountered as well as anticipated project milestones according to the schedule, and anticipated
solutions to keep the project on schedule.
VI.
CONTRACT PERSONAL
CONSUL T ANT and the CITY hereby covenant and agree that this Contract provides for personal
services and that these services are not to be assigned or sublet in whole or part without the prior
written consent of the CITY.
VII.
CONFLICT OF INTEREST
CONSULTANT hereby covenants and agrees that during the Contract period that
CONSUL T ANT and any of CONSUL T ANT'S associates and employees will have no interest nor
acquire any interest, either direct or indirect, which will conflict in any manner with the
performance of the services called for under this Contract. All activities, investigations and other
efforts made by CONSULTANT pursuant to this Contract will be conducted by employees or
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associates of CONSULTANT. CONSULTANT further covenants and agrees that it understands
that the Code of Ordinances of the City of The Colony prohibits any officer or employee of the
CITY from having any financial interest, either direct or indirect, in any business transaction with
the CITY. Any violation of this paragraph which occurred with the actual or constructive
knowledge of CONSUL T ANT will render this Contract voidable by the CITY.
VIII.
CHANGE IN WORK
The CITY, through its Park Development Manager, may request changes in the scope and focus of
the activities and studies called for under this Contract. Any such change which, in the opinion of
CONSULTANT or the CITY varies significantly from the scope and focus of the work set out
herein or entails a significant increase in cost or expense to CONSULTANT must be mutually
agreed upon by CONSULTANT and the CITY. The parties herein acknowledge that any change
in the scope or focus of the work which results in the increase in compensation to CONSULTANT
of the fee stated in Paragraph IV hereof must first be approved by the CITY's City Manager or City
Council, where applicable.
IX.
CONFIDENTIAL WORK
Any reports, designs, plan, information, project evaluations, data or any other documentation given
to or prepared or assembled by CONSULTANT under this Contract shall be kept confidential and
may not be made available to any individual or organization by CONSULTANT without the prior
written approval of the CITY except as may be required by law.
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X.
OWNERSHIP OF DOCUMENTS
CONSULTANT acknowledges that CITY owns all notes, reports, or other documents intellectual
property or documentation produced by the consultant pursuant to this agreement or in connection
with its work. CONSULTANT acknowledges that CITY shall have copyright privileges to those
notes, reports, documents, processes and information. However, Consultant acknowledges that the
finished product, the report and/or documents and plans prepared for the CITY, as well as city
documents reviewed in the preparation of the report, are the property of the CITY.
CONSULTANT shall provide CITY a copy of all such notes, reports, documents, and information
(except to the extent that they contain confidential information about third parties) at CITY
expense upon written request. CITY agrees to keep all such information in the strictest of
confidence and not to disclose such material to any third party or allow any third party access to
such material except as such disclosure is expressly required to applicable law.
XI.
NONDISCRIMINATION
As a condition of this Contract, CONSULTANT covenants and agrees that CONSULTANT shall
take all necessary actions to insure, in connection with any work under this Contract, that
CONSULTANT or CONSULTANT'S associates, sub-contractors, or employees, will not
discriminate in the treatment or employment of any individual or groups of individuals on the
grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job
performance, either directly or indirectly or through contractual or other arrangements. In this
regard, CONSULTANT shall keep, retain and safeguard all records relating to this Contract for
work performed hereunder for a minimum period of three (3) years from final contract completion,
with full access allowed to authorized representatives of the CITY upon request, for purposes of
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evaluating compliance with this and other provisions of the Contract.
XII.
INDEPENDENT CONTRACTOR
By the execution of this Contract, the CITY and CONSULTANT do not change the independent
contractor status of CONSULTANT. No term or provision of this Contract or any act of
CONSULTANT in the performance of this Contract may be construed as making
CONSULTANT the agent or representative of the CITY.
XIII.
INSURANCE
CONSULTANT shall prior to the commencement of work under this Contract, obtain and shall
continue to maintain at no cost to the CITY, in full force and effect during the term of this
Contract, a comprehensive liability insurance policy which shall include bodily, death, automobile
liability and property damage coverage. The minimum limit for this coverage shall be $500,000
combined single limit for liability and for property damage. The CONSULTANT shall also obtain
and shall continue to maintain at no cost to the CITY, in full force and effect during the term of this
Contract a professional liability (errors and omissions) insurance policy placed with a company
rated at least A-IX by Best's Key Rating Guide, authorized to do business in Texas, in an amount
not less than $500,000. The CITY shall be named as and additional insured under such general
liability policy and provisions shall be given at least thirty (30) days prior notice of any material
change in coverage, non-renewal, or of cancellation of such policy, evidenced by return receipt of
United States Certified Mail. CONSULTANT shall furnish the CITY with original copies of said
policies or certificates evidencing such coverage prior to commencement of any work under this
Contract.
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XIV.
HOLD HARMLESS
CONSULTANT shall defend, indemnifY, and hold the CITY whole and harmless against any and
all claims for damages, costs, and expenses to persons or property to the extent they arise out of, or
are occasioned by the Consultant's negligence, gross negligence or intentional tortuous acts, errors
or omissions in the performance of this Contract, or any act of Consultant's negligence, gross
negligence or intentional tortuous acts of commission or omission in the execution or performance
of this Contract of any representative, agent, customer, employee, subcontractor or invitee of
CONSULTANT.
XV.
NO VERBAL AGREEMENT
This Contract contains the entire commitments and agreements of the parties to the Contract. Any
verbal or written commitment not contained in this Contract or expressly referred to in this Contract
and incorporated by reference shall have no force or effect.
XVI.
TERMINATION
The CITY may, at its option and without prejudice to any other remedy to which it may be entitled
at law or in equity, terminate further work under this Contract, in whole or in part, by giving at least
ten (10) days prior written notice thereof to CONSULTANT with the understanding that all
services being terminated shall cease upon the date specified in such notice. The CITY shall
equitably compensate CONSULTANT, in accordance with the terms of this Contract for the
services properly performed prior to the date specified in such notice following inspection and
acceptance of same by the CITY. CONSULTANT shall not, however, be entitled to lost or
anticipated profits should the CITY choose to exercise its option to terminate.
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XVII.
VENUE
The parties to this Contract agree and covenant that this Contract will be performable in The
Colony, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie
in Denton County, Texas.
XVIII.
APPLICABLE LAWS
This Contract is made subject to the existing provisions of the Charter ofthe City of The Colony, its
rules, regulations, procedures and ordinances, present and future, and all applicable laws of the
State of Texas and the United States of America.
XIX.
CONTRACT INTERPRETATION
The parties to this Contract covenant and agree that in any litigation relating to this Contract, the
terms and conditions of the Contract will be interpreted according to the laws of the State of Texas.
xx.
NOTICES
All notices, communications and reports under this Contract must be mailed or delivered to the
respective parties at the addresses shown below, unless either party is otherwise notified in writing
by the other party:
CITY:
J. Keith Helms, RLA, ASLA
Park Development Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
972/625-1106 x541, Fax 972/624-2321
CONSULTANT:
Dennis Sims, ASLA
Dunkin Sims Stoffels, Inc.
9603 White Rock Trail, Suite 210
Dallas, Texas 75238
214/553-5778, Fax 214/553-5781
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XXI.
SEVERABILITY
In the event that anyone 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 thereof and this Contract shall be considered as
if such invalid, illegal, or unenforceable provision had never been contained in the Contract.
XXII.
RIGHT OF REVIEW
CONSULTANT covenants and agrees that the CITY, upon reasonable notice to CONSULTANT,
may review any of the work performed by CONSULTANT under this Contract.
XXIII.
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto and their
successors, and, except as otherwise provided herein, their assigns.
XXIV.
CAPTIONS
The captions to the various clauses of this Contract are for informational purposes only and in no
way alter the substance of the terms and conditions of this Contract.
XXV.
WAIVER OF ATTORNEYS FEES
CONSULTANT and CITY expressly covenant and agree that in the event of any litigation arising
between the parties to this contract, each party shall be solely responsible for payment of its
attorneys and that in no event shall either party be responsible for the other party's attorney's fees
regardless of the outcome of the litigation.
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EXECUTED this the 2 n d
day of J u 1 y
CITY OF THE COLONY, TEXAS:
<8~ d~L
City Manager
ATTEST:
Page 10 of II
,2007.
Company
ATTEST:
June 21, 2007
EXHIBIT "A"
Mr. Keith Helms
Park Development Manager
City of The Colony
5151 North Colony Blvd
The Colony, Texas 75056
Dear Mr. Helms:
We appreciate the opportunity to submit this Scope of Services for the Stewart Creek Hike &
Bike Trail Phase I. These services will outline our approach for preparation of the following
construction documents.
Erosion Control Plan
Construction Documents
Low Water or Swale Crossings
Trail Design
Rest stations, benches and trash receptacles
Pedestrian Bridge Crossings
Storm Sewer Extensions
Hydraulic Analysis for pedestrian bridges
PHASE I - BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS
Design Development Services
Construction documents and specifications will be prepared by Dunkin Sims Stoffels, Inc. and
R-Delta Engineers for the Stewart Creek Trail. The trail will begin at Ridge Point Park and
continue adjacent to Lake Lewisville on U.S. Army Corps of Engineers property to Stewart Park.
The Trail will be a soft surface trail. Base maps and data for each site will be provided by R-
Delta Engineers. Dunkin Sims Stoffels, Inc. will prepare schematic plans for the trail based on
the survey. Cost estimates for construction will be prepared. It is our understanding the
construction budget for the Stewart Creek Trail, storm sewer extensions and contingency is
$1,963,720.00.
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 SDecifications
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 plans as needed
· Layout Plan(s) locating all elements
· 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 in Phase I for the following:
Design Development and Construction Documents and Specifications: $152,000.00
This fee is based on our construction amount of $1,963,720.00.
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PHASE II-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.
Tooograohical Survey
A Topographical Survey will be performed to establish grades for the storm sewer extensions,
for the two bridges, the cross slope grade in the narrow shoreline area and the 25 space parking
lot. It is recommended the City budget $10,950.00 for the survey. This fee also includes
boundary survey data for storm sewer design.
Geotechnical Report
A Geotechnical Report will be prepared for the two bridges. A total of two bores will be drilled;
one for each bridge.
Hydraulic Analysis and Reporting for Two Bridge Crossings
HEC-RAS Modeling will be prepared for each of the proposed pedestrian crossings. The report
will include drainage area map. runoff calculations, cross section locations, mapping of the
existing floodplain limits and recommendations for length and low chord elevations.
Plans and Specifications 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.
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 mailing sets of
contract documents to prospective bidders will be charged to the City. We would recommend
the City budget $6,000.00 for this task.
Fee Schedule Summary
Phase I
Construction Documents and Specifications
$152,000.00
Phase II - Additional Services
Topographical Survey
Geotechnical Report
HEC-RAS Bridge Modeling
Plans & Specifications Printing
ADA Review Fees (review & inspection)
Total Phase 11- Additional Services:
Total Phase I & II:
$ 10,950.00
$ 3,000.00
$ 5,500.00
$ 6,000.00
$ 1.200.00
$ 26.650.00
$ 178,650.00
3
We appreciate the opportunity to submit this Scope of Services and look forward to working with
you and the City of The Colony. Please call if you have any questions regarding this proposal.
l~6
Dennis Sims, ASLA
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