HomeMy WebLinkAboutItem 10 - Katie's WoodsITEM # M /& -
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, ACTING CITY MANAGER �62
MEETING DATE: OCTOBER 11, 2005
SUBJECT: CONSIDER AWARD OF A PROFESSIONAL SERVICES
CONTRACT WITH MHS PLANNING & DESIGN FOR THE
DESIGN OF THE HIGH WATER BOAT RAMP, RESTROOM
FACILITY AND AMENITIES AT KATIE'S WOODS
RECOMMENDATION:
The Parks & Recreation Advisory Board and staff recommend the City Council consider
approval of a professional services contract with MHS Planning & Design for the design
of the high water boat ramp, restroom facility, extension of the low water ramp and other
amenities in the amount of $52,500. The estimated cost of the improvements at Katie's
Woods is $506,540. The contract is attached for review.
Services
Cost
Topographical Survey
$2,600
Corps of Engineers Nationwide Permit
$2,000
Civil Engineering
$13,500
Structural Engineering
$6,500
Electrical Engineering
$4,000
Amenity Package Design
$11,300
Bid Documents/Specifications
$3,600
Construction Phase Services
$9,000
TOTAL COST OF SERVICES
$52,500
FUNDING SOURCE:
A total of $379,905 is available from a Texas Parks & Wildlife Grant and a total of
$150,000 is available in Account 173-72115-0001 - Gaylord TIF, for the improvements
listed above.
BACKGROUND:
As stated above, $150,000 was put in the Gaylord TIF to mitigate the boat ramp that
was removed with the construction of Gaylord. Also, in the Five -Year Development Plan
that was approved by the City Council on September 21, 2004 for the 770 acres of
Corps parkland, the restroom facility at Katie's Woods is scheduled to be replaced. In
October 5, 2005 (10:10AM)
researching possible grant opportunities to assist with the development of the
improvements outlined in the Five -Year Development plan, staff was able to find a grant
program offered by the Texas Parks & Wildlife Department. The grant was submitted
and subsequently approved by the Texas Parks & Wildlife Commission on August 25,
2005.
The improvements at Katie's Woods include a high water boat ramp, restroom facility,
extension of the existing low water ramp, landscaping and irrigation, courtesy dock and if
the budget allows, an overlay and striping of the parking lot.
The Parks & Recreation Advisory Board approved the agreement with MHS Planning &
Design at the September 22, 2005 meeting. The Board and staff recommend approval
of the agreement with MHS Planning & Design.
No
October 5, 2005 (10:10AM)
STATE OF TEXAS
This contract entered into by and between the City of Grapevine, Tarrant County, Texas
(hereinafter called "OWNER") acting herein by Bruno Rumbelow, Acting City Manager, hereunto
duly authorized, and Mark H. Spencer d/b/a MHS Planning & Design of Tyler, Smith County,
Texas (hereinafter called the "CONSULTANT").
SECTION 1. EMPLOYMENT OF THE CONSULTANT
A. The Owner hereby employs the "CONSULTANT", and the Consultant agrees to provide
consulting services in connection with the construction of the Katie's Woods Boat Ramp
Project herein after called the "PROJECT" as described in the budget, a copy of which is
attached hereto and labeled Exhibit "A".
B. Length of Contract: The services of the Consultant shall commence upon notification to
the City of approval of a contract with the Texas Parks and Wildlife Department for a boat
ramp grant. All of the services required and performed hereunder with the exception of
post construction inspections shall be completed no later than the original expiration date
set forth in the grant agreement. The Consultant shall not be responsible for the failure of
the Contractor to perform under the terms of any construction contracts awarded as a result
of the Consultant's professional services hereunder. The Consultant shall not be responsible
for the failure of the Owner to budget funds, acquire property, receive bids, or otherwise
diligently prosecute the Owner's responsibilities set forth herein in Section 4 or meet other
terms of the Owner's grant agreement with Texas Parks and Wildlife Department.
SECTION 2. BASIC SERVICES OF THE CONSULTANT
A. General:
The Consultant agrees to perform and/or provide services in connection with the
Project as hereinafter stated.
2. The Consultant shall serve as the Owner's professional representative in all phases
of the project and shall give consultation and advice to the Owner during the
performance of his services.
B. Preliminary Report Phase: During the preliminary report phase, the Consultant shall:
Consult with the Owner to determine the requirements of the Project.
2. Procure a topographic survey and any existing surveys of right-of-way and utilities
for use in the design of the project. The development of a detailed flood study,
wetlands delineation survey and pond/lake permits is specifically excluded from the
basic services of the Consultant and is addressed in Section 3 - Additional Services.
Provide to the Owner preliminary cost estimates for the improvements contained in
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the project.
4. Prepare a revised and detailed site plan and sketches for the project based on
findings above,
5. Based on the revised plan and site environment, Coordinate with the U.S. Army
Corps of Engineers to determine the necessity of any required permits related to site
wetlands and possible permitting of the boat ramp. Coordinate with the U. S. Army
Corps of Engineers for basic permits related to Section 404 of the Clean Water Act.
Basic permitting will include Nationwide permits issued by the Corps of Engineers.
Additional or elaborate permits related to wetlands and/or construction in the flood
plain, if required, will be covered under Section 3. - Additional Services.
C. Design Phase: After authorization from the Owner to proceed with the final design phase,
the Consultant shall:
1. On the basis of the approved preliminary design documents coordinate and/or
prepare detailed construction drawings and specifications for the Project. The
construction drawings and specifications shall be prepared for the project to be bid
under a single construction contract and not multiple contracts.
2. Furnish to the Owner construction plans and specifications so that the Owner may
secure approval from Texas Parks & Wildlife Department and the Texas
Department of Licensing & Regulation.
3. Advise the Owner of any adjustment of the cost estimate for the Project caused by
changes in scope, design requirements or construction costs, and furnish a revised
cost estimate for the Project based on the completed drawings and specifications.
4. Prepare the proposal forms, notice to bidders, and contract documents for
submission by the Owner to the Owner's legal counsel for approval as to content,
form, and legality.
5. Furnish 5 copies of the contract documents consisting of plans, specifications, bid
and contract documents.
6. Assist the Owner in obtaining and evaluating bids and awarding contracts for the
construction of the Project. The assistance by the Consultant shall include the
provision of advertisement for bids and after reviewing the bids received, making
a recommendation on the awarding of a construction contract.
D. Construction Phase: After award of construction contract by the Owner, the Consultant
shall:
Be responsible for setting benchmarks only for the construction work. The
contractor shall determine alignment and grade of work to be constructed from these
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reference marks.
2. Make periodic visits to the site when deemed appropriate by the Consultant in the
exercise of his professional judgment to observe the progress and quality of the
executed work and to determine in general if the work is proceeding in accordance
with the plans, specifications, and contract documents; he will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity
of the work; he will not be responsible for having quality control testing done; he
will not be responsible for the techniques and sequences of construction and he will
not be responsible for the contractor's failure to perform the construction work and
will endeavor to guard the Owner against defects and deficiencies in the work of the
Contractors, and may disapprove work as failing to conform to the plans and
specifications, and contract documents.
3. Check samples, catalog data, laboratory testing, shop drawings, mill tests of
materials and equipment, and other data which the Contractor is required to submit,
only for the conformance with the design concept of the Project and compliance
with the information given by the plans, specifications, and contract documents; and
accept or reject all such submittal data furnished by the Contractor, materials used,
and work performed by the Contractor as either complying or not complying with
the intent of the plans, specifications, and contract documents.
4. Consult and advise with the Owner, act as the Owner's representative at the Project
site, issue all instructions of the Owner to the construction contractors that do not
conflict with good construction practice, and prepare routine change orders as
required.
Based on his on-site observations as an experienced and qualified design
professional and on his review of the contractor's applications for payment,
determine the amount owing to the contractors in such amounts; such approvals of
payment to constitute a representation to the Owner, based on such observations and
review and data comprising such applications, that the work has progressed to the
point indicated and that, to the best of his knowledge, information, and belief, the
quality the work is in accordance with the plans, specifications, and contract
document subject to the results of subsequent testing called for in the specifications
and contract documents and any qualifications stated in this approval.
6. Conduct, in company with the Owner's representative, a final inspection of the
Project for conformance with the design concept of the Proj ect and compliance with
the plans, specifications, and contract documents, and recommend in writing final
payment to the contractor.
7. Make an inspection of the Project prior to expiration of the guarantee period and
report observed discrepancies under guarantees provided by the construction
contract.
Furnish the Owner, a set of record prints of drawings and addendum drawings
City of Grapevine
a]
showing those changes made during the construction period, based upon the marked
up prints, drawings, and other data furnished by the Contractor to the Consultant
and which Consultant considers to be the significant.
SECTION 3. ADDITIONAL SERVICES
A. General: In addition to the basic services to be furnished by the Consultant under this
proposal for which the payment of the standard consulting fee shall be made, the Consultant
shall furnish additional services of the following types, if AUTHORIZED BY THE
OWNER IN WRITING, to be paid for by the Owner as set out in Section 5, Paragraph B.
1. Additional services due to significant changes in general scope of the project or its
design including, but not limited to, changes in size, complexity, or character of
construction when such changes are requested by the Owner.
2. Revising at Owner's request studies, reports, design documents, drawings or
specifications which were previously approved by the Owner except the Owner
shall not be obliged to pay when:
a) The changes are required by regulating authorities or to bring the design into
compliance with applicable codes or ordinances, or
b) The changes are required as a result of some error or omission on the part
of the Consultant.
3. Furnishing of additional copies (beyond the basic contract sets) of reports and
additional prints of drawings, specifications, and contract documents.
4. Investigations involving detailed consideration of operation, maintenance, and
overhead expenses; and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, and valuations; detailed quantity surveys
of material and labor; and material audits or inventories required for certification
of force account construction by the Owner.
Additional or extended services during the construction made necessary by (1) work
damaged by fire, vandalism, or other similar causes not under the control of the
Consultant, (2) prolongation of the construction contract time by more than 25
percent, (3) construction contract default due to delinquency or insolvency of the
construction contractor.
6. The preparation of instruction manuals or of operation and maintenance beyond
those furnished with fixture and equipment incorporated into the job.
7. Additional services and costs necessitated by out-of-town travel required by the
Consultant other than visits to the Project and consultation in the Owner's office as
required by Section 2.
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8. Serving as expert witness or giving counsel for the Owner in any litigation, real or
potential, or other legal proceeding involving the Project where the Consultant is
not a parry to the litigation.
9. Additional services in connection with the Project not otherwise provided for in this
agreement.
10. If requested in writing by the Owner one or more full-time Resident -Project
Representatives will be furnished and directed by the Consultant in order to provide
more extensive representation at the project site during the construction phase.
Such resident project representation will be paid for by the Owner as indicated in
Section 5. This section however shall not restrict the Owner from employing other
persons for the purpose of full or part time inspection of the project.
11. Preparation of boundary survey, wetland delineation survey, lake permitting, flood
studies, plats, legal descriptions, or deeds, record search, abstracting of ownership
or other related surveyor work.
SECTION 4. THE OWNER'S RESPONSIBILITIES
The Owner shall:
A. Provide full information as to his requirements for the Project.
B. Assist the Consultant by placing at his disposal all reasonably available information
pertinent to the site of the Project including all previous reports, boundary surveys, results
of geotechnical testing and any other data relative to design or construction of the Project.
C. Make all provisions for the Consultant to enter upon public and private lands as required
for the Consultant to perform his work under this Agreement.
D. Examine all studies, reports, sketches, estimates, drawings, specifications, proposals, and
other documents presented by the Consultant and shall render in writing decisions
pertaining thereto within reasonable time so as not to delay the work of the Consultant.
E. Advertise for proposals from bidders, open the proposals at the appointed time and place,
and pay for all costs incident thereto.
F. Provide such legal, accounting, and insurance counseling services as may be required for
the Project.
G. Designate in writing a person to act as Owner's representative with respect to the work to
be performed under this Agreement; and such person shall have complete authority to
transmit instructions, receive information, interpret and define Owner's policies and
decisions with respect to materials, equipment and systems pertinent to the work covered
City of Grapevine
by this Agreement.
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H. Give prompt written notice to the Consultant whenever the Owner observes or otherwise
becomes aware of any defect in the Project.
I. Furnish, or direct the Consultant to provide at the Owner's expense, necessary additional
services as stipulated in Section 3 of this Agreement.
Obtain all easements, right-of-way, and fee simple lands for the construction of the project
and bear all cost incident thereto.
K. Pay all fees imposed by local, State, or Federal regulatory agencies for the cost of review
and approval of completed plans and specifications which must be submitted to those
agencies.
SECTION 5. PAYMENT FOR CONSULTING SERVICES
A. Standard Consulting Fee:
1. The Owner hereby agrees to pay to the Consultant for the performance of all
services as set out in Section 2 a payment of. Fifty -Two Thousand, Five Hundred
Dollars and no/100ths ($52,500.00) plus reimbursable expenses including
reproduction and mileage as outlined in Exhibit `B". This lump sum fee shall
include all personnel, expenses, equipment and materials required to complete the
work as outlined in Section 2. The fee of $52,500 is based on a total construction
budget of Four Hundred and Fifty -Two Thousand, Five Hundred and Forty Dollars
and no/100ths ($452,540.00). The standard consulting fee shall be adjusted pro rata
in the event the total construction costs deviate substantially from the scheduled
construction amount.
Payment shall be made upon receipt of the Consultant's detailed monthly invoices.
2. If this Agreement is terminated during any phase of the work authorized by the
Owner, the Consultant shall be paid for services performed or provided during such
phase on the basis of his reasonable estimate of the portion of such phase completed
prior to termination. In the event of any termination, the Consultant shall be paid
all terminal expense resulting therefrom plus payment of any additional services
then due. All previous payments to the Consultant shall be credited to any terminal
payment due to the Consultant.
B. Payment for Additional Services: The Owner shall pay the Consultant for properly
authorized additional services enumerated in Section 3 at the Consultant's normal hourly
rates in effect at the time of the authorization for personnel involved and equipment except
that such compensation shall not apply to any Project maximum fee shown in this contract.
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C. Past Due Payments: In accordance with State Law the Owner shall automatically compute
interest on payments past due and pay said interest in whole with the principal payment.
Payments shall be considered due and payable upon receipt of the monthly invoice from the
Consultant and past due 14 days after the due date.
D. Retainage: No part of the Consultant's compensation shall be withheld from him due to
failure of the Contractor to perform; nor shall the Consultant's fees be reduced in the event
the amounts owning under any Construction Contract are reduced by change order,
settlement, or litigation.
E. Extended Service: Should the term of service required of the Consultant extend beyond the
original term of the Texas Parks and Wildlife Department grant through no fault of the
Consultant, the Consultant shall be paid the fixed fee set forth in Section 5A(1) plus he shall
be compensated for the services of all personnel plus any reimbursable expenses necessary
to complete the project. Compensation shall beat the hourly published rates in effect at the
time of expiration of the original grant agreement.
SECTION 6. GENERAL CONSIDERATIONS
A. Termination: This Agreement maybe terminated by either party by giving ten (10) days
written notice in the event of substantial failure to perform in accordance of the terms
hereof by one party through no fault of the other party. If this Agreement is so terminated
the Consultant shall be paid for work completed plus reimbursable expenses. Reimbursable
expenses include actual expense for subcontracted services, transportation, and subsistence
of personnel when traveling in connection with the Project; reproduction of reports,
drawings, specifications, and similar Project related items.
B. Project Documents: Without the expressed WRITTEN CONSENT OF THE
CONSULTANT, the Owner shall allow NO reproduction of the plans and specifications
for constructing additional "copies" of the same project in whole or in part; nor shall the
Owner furnish the Consultant's plans and specifications to third parties for their use in
constructing additional "copies" of the project, in whole or in part.
C. Estimates: Since the Consultant has no control over the cost of labor and materials, or
other competitive bidding and market conditions, the estimates of construction are to be
made on the basis of his experience and qualifications but the Consultant does not guarantee
the accuracy of such estimates as compared to the Contractor's bid, or the final contract
cost.
D. Arbitration: Arbitration of all questions in dispute under the Agreement shall be at the
choice of either party and shall be made in accordance with the rules of the American
Arbitration Association. This Agreement shall be specifically enforceable under prevailing
arbitration law and judgment upon award rendered may be entered in the court of the forum,
state or federal, having jurisdiction. The decision of arbitration shall be a condition
precedent to the right of legal action.
E. LIMITED LIABILITY: THE LIMIT OF LIABILITY OF THE CONSULTANT
FOR THIS PROJECT SHALL NOT EXCEED THE TOTAL COMPENSATION
City of Grapevine
OUTLINED IN SECTION 5A(1) OF THIS CONTRACT.
F. Successors and Assigns: The Owner and the Consultant each binds himself and his officers,
successors, executors, administrators and assigns to the other party of this Agreement in
respect to all covenants of this Agreement; except as above, neither the Owner nor the
Consultant shall assign, or transfer his interest in this Agreement without the written
consent of the other. Nothing herein shall be construed as creating any personal liability
on the part of any office or agent of any public body which may be a part hereto.
G. Records and Audits: The Consultant shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs
pertaining to the contract and other such records as may be deemed necessary by the City
to assure proper accounting for all project funds.
H. Findings Confidential: All reports, information, and data prepared or assembled by the
Consultant under this contract are confidential and the Consultant agrees that they shall not
be made available to any individual or organization without the prior written approval of
the Owner.
I. Interest of Members of Citv: No member of the governing body of the City, and no officer,
employee, or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps
to assure compliance.
Interest in Other Local Public Officials: No member of the governing body of the locality
and no other public official of such locality, who exercises any functions or responsibilities
in connection with the planning and carrying out of the program, shall have any personal
financial interest, direct or indirect, in this contract; and the Consultant shall take
appropriate steps to assure compliance.
K. Interest of Consultant and Employees: The Consultant covenants that he presently has no
interest and shall not acquire interest, direct or indirect, in the study area or any parcels
therein or any other interest which would conflict in any manner or degree with the
performance of his services hereunder. The Consultant further covenants that in the
performance of this contract, no person having any such interest shall be employed.
L. Personnel: The Consultant represents that he has, or will secure at his own expense, all
personnel required in performing the services under this contract. Such personnel shall not
be employees of the City. The Consultant further represents that although his staff does not
include full time professional engineers or registered architects, that all personnel engaged
in the work shall be fully qualified and shall be authorized or permitted under the Texas
Engineering Practice Act, State Law and local law to perform such services which may be
a part hereto.
M. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with, or a cause of action in favor of a third party against either the Owner or
the Consultant. The Consultant's services under this Agreement are being performed solely
City of Grapevine 9
for the Owner's benefit, and no other entity shall have any claim against the Consultant
because of this Agreement or the performance or nonperformance of services hereunder.
The Owner agrees to include a provision in all contracts with contractors and other entities
involved in this project to carry out the intent of this paragraph.
IN TESTIMONY WHEREOF, the parties have affixed their hands and seals this the day of
, 2005.
FOR THE CITY OF GRAPEVINE, OWNER
Bruno Rumbelow, Acting City Manager
Mark H. Spencer
d/b/a MHS Planning & Design
ATTEST:
ATTEST:
Pat Gaddis
City of Grapevine 10
Exhibit "A"
Preliminary Budget
Katie's Woods Boat Ramp
Lake Grapevine
1) Site work & excavation - 1220 cy @ 7.00/cy $ 8,540
2) Construct new boat ramp for high water conditions - 30'x 80' (concrete)
- 2,400 sq. ft. @ 13.00/sq. ft. 31,200
3)
Construct concrete entry road and turn in - 6,250 sq. ft. @ 6.00/sq. ft.
37,500
4)
Boulder retaining walls at turn around - 170 LF @ 50.00/LF
8,500
5)
Construct curb & gutter - 690 LF @ 10.00/LF
6,900
6)
Demolition of existing restroom
7,000
7)
Construct new restroom
110,000
8)
Construct lift station and water & sewer lines (allowance)
55,000
9)
Electrical and area lighting (allowance)
20,000
10)
Landscaping, grassing & irrigation
19,000
11)
Extend existing concrete boat ramp - 3,000 sq. ft. @ 17.00/ sq. ft.
51,000
12)
Riprap at existing ramp and high water ramp - 4,500 sq. ft. @ 2.00/sq. ft.
9,000
13)
8' x 40' floating courtesy dock
14,000
14)
Parking lot overlay/striping @ restroom
4,500
15)
Reconstruct ten car and trailer size parking spaces to conform to
ADA requirements - 400 sq. ft. @ 7.00/sq. ft.
2,800
16) Asphalt overlay/striping for 38 spaces @ existing parking lot (140'x 280')
39,200 sq. ft. @ 1.50/sq. ft. 58,800
17) Concrete walkways - 170 LF - 8' wide @ 5.00/sq. ft. 6,800
18) Signage 2,000
19) Design fees/permits 54.000
Total 506,540
06/22/05
City of Grapevine
Exhibit "B"
Katie's Woods Boat Ramp
City of Grapevine, Texas
Fee Structure
11
1)
Topographic Survey - One Foot Intervals
$ 2,600
2)
US Army corps of Engineers Basic Nationwide Permit
2,000
3)
Civil Engineering
13,500
4)
Structural Engineering
6,500
5)
Electrical Engineering
4,000
6)
Amenity Package Design
11,300
7)
Bid Documents / Specifications
3,600
8)
Construction Phase Services
"00
Total
$ 52,500
City of Grapevine
MHS Planning & Design
Hourly Rates
Effective May 1, 2005
Mark H. Spencer - Principal
Senior Planner
Planner
CADD Drafter
Word Processing/Project Coordination
Mileage
Surveying, engineering, architectural,
reproduction, aerial photography & all other
expenses & contracted services
$ 110.00 per hour
$ 75.00 per hour
$ 60.00 per hour
$ 50.00 per hour
$ 30.00 per hour
$ .39 per mile
Cost plus 15%
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