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HomeMy WebLinkAboutResolution No. 08-097 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08- (;q1 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AN INCREASE OF $40,000 TO THE CONTINGENCY FUND FOR THE ENGINEERING SERVICES CONTRACT FOR MASTER LIFT STATION NO.1 IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, it is the desire of the City of The Colony City Council to provide adequate funding for the engineering services needed for expansion of Master Lift Station No.1; and, WHEREAS, it is determined that the previously approved contingency funds have been exhausted due to unforeseen construction issues as determined by the engineering services firm, Freese and Nichols, Inc.; and, WHEREAS, it is the desire of the City Council to increase the contingency funds in order to provide adequate funding to complete the project engineering. 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 authorizes an increase in contingency funds for the engineering services contract with Freese and Nichols, Inc. for Master Lift Station No.1. Section 2. That the total amount of the contract includes $270,000 as the base amount, plus the original $30,000 in contingency funds, and an increase in contingency funds of $40,000. Section 3. 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 20th day of October. 2008. i1lard, Mayor f The Colony, Texas ".:.;' ~:<t-.::~::~~:~~:,c;. {~':~-..,;, - -- ~. , :- '-" "'. ~;,,->:.,.', ~Y~-:'.,~ ."""<1..":"', , Freese NichOlS,Inc. Engineers EnvironmentaL Scientists A rc hi tects 1701 North Market Street, Suite 500 LB51 Dallas, TX 75202 214 920-2500 214 920-2565 fax www.freese.com September 30, 2008 Mr. Tod Maurina Utilities Superintendent City of The Colony 6800 Main St. The Colony, TX 75056 Dear Mr. Maurina: In response to discussions regarding potential additional services for the modifications at Master Lift Station No.1 (ML-l), we are pleased to submit this proposal for providing professional engineering services to the City of The Colony to address the subsurface geotechnical conditions and request Authorization to Proceed in accordance with our General Agreement for Professional Services dated November 6, 2001. Our understanding of the expectations for Freese and Nichols (FNI) is to provide geotechnical investigation and assessment to determine the existing subsurface conditions at ML-l and develop recommendations to resolve potential differential settling that could occur to proposed structures to be constructed as part the Master Lift Station No, 1 Improvements Project. The results of the geotechnical assessment and recommendations to address these conditions will be provided in a technical memorandum and presented to the City for review and approval. FNI will provide revised design drawings and specifications of the selected modifications as a Proposed Contract Modification (PCM) to the existing construction contract. We appreciate this opportunity to submit this proposal for additional engineering services. If additional information or clarification is desired, please do not hesitate to contact us. If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files. We look forward to working with you and your staff on this Project. Yours very truly, Approved: FREESE AND NICHOLS, INC. CITY OF THE COLONY (BA~ ~ Brian Coltharp, P.E. By: g~ clttL Printed: Dale Cheatham Principal Date: ~J 30/08 . . Title: City Manager Date: October 20, 2008 SC-l FNI t&:{ ~ OWNER~- SCOPE OF SERVICES Freese and Nichols (FNI) will render the following professional services in connection with the development of these additional services as follows: BASIC SERVICES: FNI shall provide a written technical memorandum on the geotechnical investigation and recommendations for improvement. FNI will prepare design drawings and specifications as a PCM to the existing construction contract. A. GEOTECHNICAL ENGINEERING ADDITIONAL SERVICES Upon execution of this AGREEMENT, FNI shall prepare an engineering preliminary design report for Items 1-6 above: a. Provide two geotechnical exploration borings approximately 35 deep. Provide sampling at minimum of five foot intervals thereafter using 3-inch push tubes of standard split spoon samplers as directed. Test shale using the TXDOT cone penetration test (CPT) and collect auger cuttings at five foot intervals. FNI will coordinate geotechnical drilling work with a sub consultant. b. Provide a geotechnical assessment of the subsurface conditions and document results ofthe assessment in a technical memorandum. The memorandum shall provide FNI's observation of existing subsurface conditions (limited to boring depth) and recommendations to resolve potential differential settling between existing structures, new structures and pipe previously designed. c. Conduct and attend one geotechnical coordination/discussion meeting with the Owner to present findings and recommendations. d. Provide engineering design and specifications for the selected modifications to be presented to the Contractor as a Proposed Contract Modification (PCM). The design will include pier and grade beams or over-excavation and flowable fill backfill for the vaults and discharge piping. Similar design will also be provided for the MCC building as needed. e. Coordinate PCM with the Contractor and perform general construction administration to observe the construction of the proposed modifications. f. Issue a Change Order in accordance to the construction contract documents for the Master Lift Station No.1 Improvements Project 62-089-03 LIFTSTATION. ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. GIS mapping services or assistance with these services. C. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. D. Providing renderings, model, and mock-ups requested by the OWNER. E. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control ofFNI. F. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, SC-2 FNI ,..geL.- OWNER~ evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. G. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. H. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. 1. Conducting pilot plant studies or tests. J. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Performing design or construction phase services not included in the Scope of Services of this agreement. L. Furnishing Special Inspections required under chapter 17 of the International Building Code. M. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). N. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. O. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. P. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Q. Visits to the site in excess of the number of trips included in the Scope of Services for periodic site visits, coordination meetings, or contract completion activities. R. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. S. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. T. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. U. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. SC-3 FNI~r~ OWNER ~ TIME OF COMPLETION FNI is authorized to commence work on the Project upon execution ofthisAgreement and agrees to complete the services within 4 weeks from Notice to Proceed for geotechnical investigations and design services. Additional time shall be provided for the construction of the selected modifications as proposed in the PCM. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. RESPONSIBILITIES OF OWNER OWNER shall perform the following in a timely manner so as not to delay the services ofFNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services ofFNL F. OWNER shall make or arrange to have made all subsurface investigations, including, but not limited, to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project. SC-4 FNI ~ CC OWNER~ DESIGNATED REPRESENTATIVES Freese and Nichols and OWNER designate the following representatives: Owner's Designated Representative- Mr. Tod Maurina Utilities Superintendent 6800 Main Street The Colony, TX 75056 972-625-6644 x 20 I tmaurina@thecolonvtx.gov Freese and Nichols' Project Manager- Mr. Theodore Chan, P.E. 1701 N. Market, Suite 500 LB5l Dallas, TX 75202 214-217-2223 Theo. Chan@freese.com Freese and Nichols' Accounting Representative - Mr. Bill Grozdanich Operations Analyst 1701 N. Market, Suite 500 LB5l Dallas, TX 75202 214-217-2254 B ill.Grozdanich@freese.com COMPENSATION FNI proposes to furnish our services as described herein in accordance with Attachment CO, "Compensation". The total fee for Basic Services shall be computed on the basis of Attachment CO but shall be the lump sum fee of Seventeen Thousand Eight Hundred Dollars ($17,800). IfFNI sees the Scope of Services changing so that additional services are needed, FNI will notifY the City for the City's approval before proceeding. Additional services shall be computed based on the Schedule of Charges found in Attachment CO. Payment of the services shall be due and payable upon submission of a statement for services. Statements for services shall not be submitted more frequently than monthly. SC-5 FNI ~ CL- OWNER ~ COMPENSATION A. Basic Services: Compensation to FNI for the Basic Services shall be the lump sum of Seventeen Thousand Eight Hundred Dollars ($17,800). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services, FNI will notifY OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charl!es for Additional Work: POSITION PRINCIPAL GROUP MANAGER SENIOR ENGINEER ENGINEER (PE) ENGINEER (EIT) ELECTRICAL ENGINEER MECHANICAL ENGINEER SENIOR ENVIRONMENTAL SCIENTIST ENVIRONMENTAL SCIENTIST ARCHITECT LANDSCAPE ARCHITECT SENIOR URBAN PLANNER URBAN PLANNER SR. CONSTRUCTION CONTRACT ADMINISTRATOR CONSTRUCTION CONTRACT ADMINISTRATOR GIS COORDINATOR GIS ANALYST DESIGNER TECHNICIAN OPERA TIONS ANALYST / ACCOUNTING SPECIALIST CONTRACT / REGIONAL ADMINISTRATOR WORD PROCESSING/SECRETARIAL CO-OP / INTERN The ranges and individual salaries will be adjusted annually. EXPENSES Plottinl! Bond $2.50 per plot Color $5.75 per plot Other $5.00 per plot Printinl! Offset and Xerox Copies/Prints Color Copies/Prints Binding Travel 58.5~ per mile Computer Computer Usage MIN 225 205 150 115 85 85 85 115 60 60 115 125 70 110 75 90 60 90 65 80 75 55 45 MAX 285 285 225 170 130 200 200 200 130 200 135 200 120 195 150 130 130 145 120 140 115 90 75 $0.10 per side copy $0.50 per side copy $5.75 per book $lO.OO/hour OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas, and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. CO-l FNI &,( v OWNER~ 10-25-07 A TT ACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of The Colony. The term FNI as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERM IN A TI 0 N: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMA TION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnifY and hold FNI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability General Aggregate $2,000 Workers' Compensation Each Accident $500 Automobile Liability (Any Auto) CSL $1,000 Professional Liability $3,000 Annual Aggregate 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable, Owner will notifY FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property ofthe Owner upon payment ofFNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data and other project information in the execution ofthe Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnifY and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page lof2 FNI~~ OWNER <. 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, ifany, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost oflabor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their pnces. I I. CONSTRUCTION REPRESENTATION: Ifrequired by the AGREEMENT, FNIwill furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any ofthe work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (J %) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 13. ARBITRA TION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed on the face ofthe Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 20f 2 FNI~U./ OWNER Ct. r...