HomeMy WebLinkAboutResolution No. 2011-005CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011- 0,,01:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE PROFESSIONAL SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
CAROLLO ENGINEERS, INC. FOR ENGINEERING SERVICES IN
CONNECTION WITH THE STEWART CREEK WASTEWATER
TREATMENT PLANT PHOSPHORUS REMOVAL STUDY, 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 a Contract such that the
Consultant is to provide the following services: ENGINEERING SERVICES IN
CONNECTION WITH THE STEWART CREEK WASTEWATER TREATMENT PLANT
PHOSPHORUS REMOVAL STUDY; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with Carollo Engineers, Inc., which is attached hereto and incorporated herein by
reference as Exhibit "A," under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $72,380 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Professional Services Contract, which is attached hereto and incorporated
herein 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 for a total amount not to exceed $72,380.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
PASSED, APPROVED and EFFECTIVE this 18th day of January, 2011.
ATTEST: C _ ~i ' ~G c
Joe McCourry, Mayor
City of The Colony, Tex
Christie Wilson, City Secretary
APPROVED AS TO FORM:
,Jeff Moore City Attorney
rt
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT made and entered into this day of J
20 ~ by and between THE CITY OF THE COLONY, TEXAS , (hereinafter "OWNER"), and
Carollo Engineers, Inc., (hereinafter "ENGINEER").
WITNESSETH:
WHEREAS, the OWNER and the ENGINEER wish to enter into an Agreement (hereinafter
"Agreement") for the furnishing of Engineering Services in connection with
THE CITY OF THE COLONY STEWART CREEK WASTEWATER TREATMENT PLANT
PHOSPHOROUS REMOVAL STUDY
(Owner and Project Description)
(hereinafter "Project"), and
WHEREAS, ENGINEER is qualified and prepared to perform the necessary professional
services in connection with the Project.
NOW THEREFORE, in consideration of the mutual promises and covenants of the parties
hereto, it is agreed as follows:
SECTION 1 - PROFESSIONAL SERVICES
1.1 ENGINEER shall provide professional
engineering services in all phases of
the Project to which this Agreement
applies. The services furnished by the
ENGINEER will be defined by Task
Orders which will set forth the
Engineer's Services, Time of
Performance, and Payment.
1.2 It is intended that each Task Order,
after execution by both parties shall
become a supplement to and a part of
this Agreement.
SECTION 2 - PAYMENT TO ENGINEER
2.1 As consideration for providing the
services referred to in Section 1, the
OWNER shall pay ENGINEER on the
basis to be established in the Task
Order for Services.
2.2 The ENGINEER is not responsible for
damage or delay in performance
caused by events beyond the control
of ENGINEER. In the event
ENGINEER's services are
suspended, delayed or interrupted for
the convenience of the OWNER or
delays occur beyond the control of
ENGINEER, an equitable adjustment
in ENGINEER's time of performance
and cost of ENGINEER's personnel
and subcontractors shall be made.
2.3 OWNER reserves the right to direct
revision of ENGINEER's services as
may be necessary. When ENGINEER
is directed to make revisions under
this section of the agreement,
ENGINEER shall advise OWNER of
the probable costs involved in
completing engineering services and
the time of performance for such
completion. Extra services also
include those that are required for
defense of claims, in which event
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ENGINEER shall bill OWNER on an
hourly basis together with cost of
material.
2.4 In the event OWNER and ENGINEER
cannot agree on equitable
compensation for services rendered in
making revisions, then, at OWNER's
option, ENGINEER shall either
continue performance under the
revised Agreement and an equitable
adjustment in ENGINEER's time of
performance and cost of ENGINEER's
personnel shall be made at
completion of the revised work or
ENGINEER shall not be obligated to
continue performance under this
Agreement.
2.5 If ENGINEER's work products require
revisions prior to construction bidding
due to ENGINEER's errors or
omissions, the exclusive remedy will
be limited to revisions made by
ENGINEER without compensation.
2.6 The ENGINEER shall bill the OWNER
monthly indicating the services
performed and the cost of such
services.
OWNER agrees to pay invoices within
45 days of their date. Payments not
received by ENGINEER within 45
days shall be considered delinquent
and subject to a finance charge of
1 percent per month for each month
unpaid after the date of invoice.
ENGINEER may suspend services
should an invoice remain delinquent
for 75 days from date of invoice.
2.7 All notices shall be made in writing
and may be given by personal delivery
or by mail. Notices sent by mail shall
be addressed to the designated
responsible person or office:
TO OWNER:
Tod Maurina, The Colony
#1 Harris Plaza
The Colony, Texas 75056
TO ENGINEER:
Scott Hoff, Carollo Engineers, Inc.
14785 Preston Road, Ste 950
Dallas, Texas 75254
and when so addressed, shall be
deemed given upon deposit in the
United States Mail, postage prepaid.
In all other instances, notices and
invoices shall be deemed given at the
time of actual delivery.
All payments are to be mailed to:
Carollo Engineers, Inc.
P.O. Box 53511
Phoenix, AZ 85072-3511
unless otherwise informed on the face
of the invoice.
SECTION 3 - MISCELLANEOUS
3.1 The OWNER shall furnish the
ENGINEER available studies, reports
and other data pertinent to
ENGINEER's services; obtain or
authorize ENGINEER to obtain or
provide additional reports and data as
required; furnish to ENGINEER
services of others required for the
performance of ENGINEER's services
hereunder, and ENGINEER shall be
entitled to use and rely upon all such
information and services provided by
OWNER or others in performing
ENGINEER's services under this
Agreement.
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3.2 The OWNER shall arrange for access
to and make all provisions for
ENGINEER to enter upon public and
private property as required for
ENGINEER to perform services
hereunder.
3.3 Documents, including drawings and
specifications, prepared by
ENGINEER pursuant to this
Agreement are not intended or
represented to be suitable for reuse
by OWNER or others for this Project
or on any other project. Any reuse of
completed documents or use of
partially completed documents without
written verification or concurrence by
ENGINEER for the specific purpose
intended will be at OWNER's sole risk
and without liability or legal exposure
to ENGINEER; and OWNER shall
indemnify and hold harmless
ENGINEER from all claims, damages,
losses and expenses, including
attorney's fees arising out of or
resulting therefrom.
3.4 The ENGINEER maintains, at its own
expense, Worker's Compensation and
Employers Liability, Comprehensive
General Liability, Automobile Liability
and Professional Liability policies with
limits at or above that which is
reasonably required of other
engineering firms and will, upon
request, furnish insurance certificates
to OWNER.
SECTION 4 - LEGAL RELATIONS
4.1 The ENGINEER shall be responsible
for professional negligence, which is
failure to exercise skill and ability as
ordinarily required of engineers under
the same or similar circumstances.
The ENGINEER shall not be
responsible for warranties,
guarantees, fitness for a particular
purpose or breach of fiduciary duty
and shall only indemnify for failure to
perform in accordance with the
generally accepted engineering and
consulting standards.
4.2 OWNER and ENGINEER shall each
defend, indemnify and hold harmless
the other and their respective
principals, directors, officers and
employees from and against claims,
loss, liability, suits and damages,
including attorney's fees, caused in
whole or in part by either party's
negligent acts, errors or omissions,
willful misconduct or OWNER's lawful
responsibility respectively or, anyone
directly or indirectly employed by
either of them or anyone for whose
acts they may be liable regardless of
whether or not such claim, loss,
liability or damage is caused in part by
a party indemnified hereunder.
In the event that both OWNER's and
ENGINEER's wrongful act or lawful
responsibility is the proximate cause
of any liability or damages, then in
such event, each party shall be liable
for a portion of the damages and
claim costs resulting therefrom equal
to such party's comparative share of
the total negligence or lawful
responsibility for such damages and
claim costs. Notwithstanding the
foregoing, a party's defense
obligation hereunder shall be limited
to reimbursement of the other party's
reasonable defense costs which are
judicially determined to have been
incurred as a result of the first party's
negligence.
4.3 Hazardous materials or asbestos may
exist at a site where there is no
reason to believe they could or should
be present. The ENGINEER and
OWNER agree that the discovery of
unanticipated hazardous materials or
asbestos constitutes a changed
condition mandating a renegotiation of
ENGINEER's services.
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4.4 The ENGINEER has no control over
the cost of labor, materials, equipment
or services furnished by others, or
over Contractor's methods of
determining prices, or other
competitive bidding or market
conditions, practices or bidding
strategies. Cost estimates are based
on ENGINEER's opinion based on
experience and judgment. ENGINEER
cannot and does not guarantee that
proposals, bids or actual Project
construction costs will not vary from
cost estimates prepared by
ENGINEER.
4.5 If the project involves construction of
any kind, the parties agree that
OWNER and ENGINEER shall be
indemnified to the fullest extent
permitted by law for all claims,
damages, losses and expense
including attorney's fees arising out of
or resulting from Contractor's
performance of work including injury
to any worker on the job site except
for the sole negligence of OWNER or
ENGINEER. Both OWNER and
ENGINEER shall be named as
additional primary insured(s) by
Contractor's General Liability and
Builders All Risk insurance policies
without offset and all Construction
Documents and insurance certificates
shall include wording acceptable to
the parties herein with reference to
such provisions.
4.6 ENGINEER shall not be responsible
for the means, methods, techniques,
sequences, or procedures of
construction selected by contractors
or the safety precautions and
programs incident to the work of
contractors and will not be responsible
for Contractor's failure to carry out
work in accordance with the Contract
Documents.
4.7 The services to be performed by
ENGINEER are intended solely for the
benefit of the OWNER. No person or
entity not a signatory to this
Agreement shall be entitled to rely on
the ENGINEER's performance of its
services hereunder, and no right to
assert a claim against the ENGINEER
by assignment of indemnity rights or
otherwise shall accrue to a third party
as a result of this Agreement or the
performance of the ENGINEER's
services hereunder.
4.8 The ENGINEER's instruments of
service hereunder are the printed hard
copy drawings and specifications
issued for the Project, whereas
electronic media, including CADD
files, are tools for their preparation. As
a convenience to the OWNER, the
ENGINEER shall furnish to the
OWNER both printed hard copies and
electronic media. In the event of a
conflict in their content, the printed
hard copies shall take precedence
over the electronic media.
Because data stored in electronic
media form can be altered,
inadvertently, it is agreed that the
OWNER shall hold ENGINEER
harmless from liability arising out of
changes or modifications to
ENGINEER's data in electronic media
form in the OWNER's possession or
released to others by the OWNER.
SECTION 5 - TERMINATION OF
AGREEMENT
5.1 If this Agreement is terminated with or
without cause, in either event,
OWNER shall provide:
a. not less than five (5) working
days' written notice of intent to
terminate, and
b. an opportunity for good faith
consultation prior to termination.
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SECTION 6 - DISPUTE RESOLUTION
6.1 Disputes arising during the course of
this Agreement shall be promptly
addressed at completion of
construction when professional
services, together with construction
evaluation can be reasonably and fully
assessed. The parties shall use best
efforts to reach final resolution of
disputes through meetings and
negotiations required to resolve the
dispute before any other forms of
dispute resolution.
SECTION 7 - ENTIRE AGREEMENT
7.1 This Agreement, including
attachments incorporated herein by
reference, represents the entire
Agreement and understanding
between the parties and any
negotiations, proposals or oral
agreements are intended to be
integrated herein and to be
superseded by this written
Agreement. Any supplement or
amendment to this Agreement to be
effective shall be in writing and signed
by the OWNER and ENGINEER.
SECTION 8 - GOVERNING LAW
8.1 This Agreement is to be governed by
and construed in accordance with the
laws of the State of Texas .
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement, with effective date the day and year first above written.
CAROLLO ENGINEERS, INC. OWNER
FY _
By: By:
1l l c.t Fly s 7 I W 1 <_3~ ~ 1~ 1L ~Ct ~'1Gi~J f~!
PE#~ O S t"r ~~Yit l
By:
Partner
PEP,
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SCOPE OF SERVICES
TASK ORDER NO. 1
CITY OF THE COLONY
PHOSPHORUS REMOVAL TECHNICAL MEMORANDUM
BACKGROUND
The purpose of this Task Order No. 1 is to identify the Scope of Work, Fee, and Time of
Performance to complete a Phosphorus Removal Technical Memorandum.
SCOPE OF WORK
TASK 1.0 DATA COLLECTION AND REVIEW
1.1 Collect and Review Historical Plant Data
Professional shall coordinate with City staff to obtain historical plant data. Data will include
influent flows, influent/effluent wastewater quality, daily wastewater sample data, biosolids
handling facilities data, chemical usage, and electrical power usage.
1.2 Review Existing Reports and Studies
Professional shall review and incorporate findings from existing plant studies.
TASK 2.0 PHOSPHORUS REMOVAL STRATEGIES
2.1 Identify Existing and Projected Regulations
Professional will review current federal, state, and local legislative and regulatory
requirements. Review current regional/national trends and drivers leading to potential
regulatory changes.
2.2 Establish Flow Projections
Professional will review current flow projections with City and determine if adjustments to
flow projections are necessary.
2.3 Prepare Mass Balance and Sidestream Model
Professional will complete a mass balance and side stream model for the Stewart Creek
Wastewater Treatment Plant (WWTP). The results of the mass balance will be a summary
of the existing and future WWTP solids streams.
2.4 Prepare Process Model
Professional will complete a process model for the WWTP to evaluate future process
requirements including phosphorus removal and associated effects on the biosolids. The
model will incorporate City collected data and flow projections from Task 2.2.
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2.5 Phosphorus Removal Alternatives Analysis
Professional will evaluate phosphorus removal alternatives. Professional will develop a
plant modification strategy to optimize phosphorus removal utilizing process model
developed above.
TASK 3.0 DELIVERABLES
Professional will prepare The TM will be discussed with the City in a workshop.
■ Draft Report - six (6) hard copies and electronic file.
■ Final Report - six (6) hard copies and electronic file.
TASK 4.0 DELIVERABLES
Professional will prepare a Phosphorus Removal Technical Memorandum (TM) to
summarize and document the results of Task 1 and Task 2. The TM will be discussed with
the City in a workshop.
■ Draft Report - six (6) hard copies and electronic file.
■ Final Report - six (6) hard copies and electronic file.
This TM will present:
■ Summary of existing data
■ Summary of mass balance
■ Current and projected regulatory requirements
■ Flow projections
■ Phosphorus removal alternatives analysis including probable cost
■ Recommendation of phosphorus removal alternative
■ Implementation plan
TASK 5.0 PROJECT MANAGEMENT, QUALITY MANAGEMENT, AND MEETINGS
5.1 Project Management
Professional will manage professional services to complete the project. These services will
include preparation of invoices, progress reports, and directing staff and internal resources
in a manner so that project milestones and deliverables are met as scheduled.
5.2 Quality Management
Professional will provide quality management services for the project. The professional's
quality management team will ensure that the project deliverables adhere to schedule and
quality expectations.
5.3 Project Meetings and Workshops
Professional will conduct project meetings and workshops to obtain key decisions and input
from the City. Professional will be responsible for developing meeting agendas, meeting
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materials, and draft meeting minutes within one week after the meeting date. Meeting
minutes will include a list of action items and a decision log. The project will consist of two
meetings and workshops as follows:
Project Kickoff Meeting
Workshop - Phosphorus Removal
5.4 Project Progress Monitoring and Status Reports
Professional will monitor project progress. Professional will prepare project invoices,
together with a progress report and will submit these on a monthly basis to the City.
FEE
City and Professional have established a not-to-exceed budget of $72,380 to complete all
services under this Task Order. This amount will not be exceeded without a contract
amendment. City will pay the Professional a lump sum amount of $72,380 for services
identified in Task Order No. 1.
Attachment 1 shows the estimated fee amount for each task. These amounts do not reflect
an actual ceiling per task. Fee may be reallocated between tasks at Professional's sole
discretion as long as the total lump sum budget is not exceeded
Professional agrees to complete these services for this amount, unless the fee is amended
as a result of a change to the Scope of Work or Time of Performance.
The fee assumes that all work will be completed within 150 calendar days from the Notice
to Proceed. Should the project be delayed beyond this time for any reason, the Professional
reserves the right to renegotiate the agreement to cover actual cost.
TIME OF PERFORMANCE
Professional shall commence work immediately following notice to proceed. Professional
has reviewed the project with City and agrees that the following schedule is a reasonable
time frame within which to accomplish the work.
Days After Notice to Proceed
Submit Draft Report 60 days
Submit Final Report 30 days after receipt of City comments
Professional/City mutually agree that they will work toward meeting the schedule. Should
the Scope of Work be changed and/or should problems arise during the course of the work
effort that could affect the above schedule, it is understood that both City and Professional
will develop a revised schedule and budget limit, if required, to address scope changes,
delays by City or other problems.
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CAROLLO ENGINEERS, Inc.
By:
By:
Partner- U c c`~ r cs
CITY OF THE COLONY
) 0i
Accepted this day of 24
By:
Officer
0 6',
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