Chaucer-AG080923
corrELL
DATE:
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Engineering
September 23, 2008
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THE.CITY.OF
DEPT:
AGENDA REQUEST FORM
ITEM #: 13/C
D WORK SESSION
[(] CONSENT
D REGULAR
ITEM TYPE: CONTRACT/BID or PROPOSAL
ITEM CAPTION:
Consider approval of an agreement with the Chaucer Estates Homeowners Association with regard to maintenance
of a pond contained within the subdivision common area; and authorizing the City Manager to execute any
necessary documents.
GOAL(S);
-
IIII
EXECUTIVE SUMMARY:
Approval of the agreement will allow for the payment of budgeted funds for the dredging project and the inspection
of the work through the Engineering Department.
FINANCIAL COMMENTS:
Staff recommends approval of the agreement.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
RECOMMENDED ACTION:
M - Tunnnell
S - Peters
Vote - 7-0
. Libby Ball
~ 2008,09.25
11:12:38
-05'00'
I#Chaucer Estates Pond Agmt
THE.CITY.OF
corrELL
s
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE:
September 23, 2008
REF:
Consider approval of an agreement with the Chaucer Estates Homeowners
Association with regard to maintenance of a pond contained within the
subdivision common area; and authorizing the City Manager to execute any
necessary documents.
In the mid-1990's several meetings were held between the city of Coppell and representative of
the Chaucer Estates Homeowners Associations regarding the pond that lies north of Park Valley
Drive and the William T. Cozby Public Library in a common area of the Chaucer Estates HOA.
The meetings between the two parties were held concerning the silt that had accumulated in the
pond during the construction of various projects that were built upstream of the pond, many of
them city of Coppell facilities. The understanding at that time was once all upstream properties
had been developed that the city would dredge the existing pond to restore it to its original
condition.
In 1995 the city of Coppell performed a study on the pond and discovered that at that time there
was approximately 11-27 inches of silt already within the pond. Recently the last piece of
upstream property, Town Center Plaza, was developed, which is the Town Center Plaza. In
anticipation of the completion of that project, $75,000 was placed in the Engineering budget this
year to provide for the dredging of the existing pond.
On August 5, 2008 bids were opened for the dredging of the pond. Only one bid was received
from American Underwater Services in an amount of $74,699.28. The bidder also noted that
they would be unable to provide the appropriate bonding required for a project of this magnitude.
After some discussion, it was decided to approach the HOA to see if they would be willing to
take on the project if the city provided the funding. The Chaucer Estates HOA has decided that
they would accept the $75,000 and assume all responsibility for the existing pond, including any
and all maintenance and silt removal to be performed on the pond from this point forward.
Attached to this agenda item is an agreement between the city and the Chaucer Estates HOA that
states the city will provide $75,000 to the HOA, and at such time as they choose to have the pond
dredged, the city will also provide inspection services. The inspection services may seem like
we are provided them the money and also inspecting the project, however, it is important that we
inspect any work that takes place to ensure thatthere is no damage to existing city infrastructure
during the process and to ensure that any silt, mud or muck removed from this pond and
transported is done so correctly without spillage onto existing streets.
The city recommends approval of the agreement between the city of Coppell and Chaucer
Estates Homeowners Association in the agreed amount of $75,000 for the future dredging of the
Chaucer Estates pond located north of Park Valley Drive and south of the William T. Cozby
Public Library. Staff will be available to answer any questions at the council meeting.
.
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BID Q-0808-02
DR-08-01
THE.CITY.OF
COPPELL
BID Q~0808-02
CHAUCER ESTATE POND DREDGING
BIDDERS PLEASE NOTE: ONE COpy OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE
(SPECIFICATIONS AND CONFLICT OF INTEREST FORM)
TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPAlUMENT
NOIATERTIlANTUESDAY,AUGUsr 5,2O(fiAT3:00P.M
CITYOFCOPPELL' PURCHASING DEPARTMENT . 255 PARKWAY BOULEVARD . COPPELL,TEXAS 75019 Pac. 11
BID Q-0808-02
DR-08-01
Scope of Work
This work shall consist of the removal of silt and sediment deposited within the
Chaucer Estates Pond located adjacent to the city ofCoppell public Library at 177 N.
Heartz Road. The goal of the project is to restore the pond to the original depth and
configuration as indicated in the attached as built drawing.
The surface area of the pond is approximately 46,875 square feet, with a plan depth of 10
feet at the middle of the pond. Probing the depth of the pond yields from 0 to 4 feet of
sediment. The area of greatest accumulation is located at the two storm drain outfalls as
depicted in the attached drawings. This project is being bid as a lump sum removal, and as
such it is strongly recommended that the contractor visit the site and make their own
measurements of material quantity for removal.
The material removal shall be accomplished either by dredging or by dewatering the pond
and excavating the material. In either case, there is no location available in the vicinity of
the job site for dewatering the material. This includes the use of fields, pits, ponds, or bags
within the project area. All material removed shall be loaded into trucks, trailers, or other
movable devices specifically intended for transportation and removed from the project
area in a timely fashion.
It shall be the sole responsibility of the contractor to find a suitable site to dispose of the
material hauled off from this project. Disposal of material shall comply with all applicable
state, federal, and local regulations.
The successful contractor will be responsible for repair to any damaged streets, walks,
structures, landscaping, irrigation system, or any other property disturbed during the
progress of work. Any item disturbed shall be returned to original condition, or better, at
the contractor's sole expense.
The contractor shall make all reasonable effort to preserve any wildlife within the pond. If
the pond is to be drained, any fish, turtles, or other aquatic life shall be transported to an
alternate location prior to draining the pond. If dredging is used, all efforts shall be made
to minimize impact to said wildlife.
For this project, the Standard Specifications for Public Works Construction - North
Central Texas Fourth Edition, as prepared by the North Central Texas Council of
Governments, the City ofCoppell Standard Construction Details (Ord. #2006-112), and
Appendix 'c' Design Criteria and Standards in the City of Coppell Subdivision Ordinance
(Ord. #94-643) shall govern all work to be done, together with any additional
Supplementary Conditions, Specific Project Requirements and General Notes included
herein. This project requires a standard 5% bid bond.This project shall be bid as a lump
sum.
Number of Calendar Days to Complete the Work: 40
CITYOJl COPPELL . PURCHASING DEPARTMENT. 25S PARKWAY BOULEVARD. COPPELL, TEXAS 7S019 P.ce 12
BID Q-0808-02
DR-08-01
The lump sum bid amount shall be full compensation for all work necessary to successfully
complete the project, including labor, materials, tools, equipment, and incidentals.
Lump Sum Amount: if 7- L} / 6 q 1 D ).-g
Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature
page.
BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to
be incorporated into the project. Said taxes are not included in the Contract Price (see Instructions to Bidders).
The tenns used in this Bid which are defined in the General Conditions of the Construction Contract included as part of
the Contract Documents have the meanings assigned to them in the General Conditions.
The City of CoppeII reserves the right to delete any portion of this project or adjust quantities as it may deem
necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities
will be adjusted accordingly.
SUBMITfED ON
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CITY OF COPPELL . PURCHASING DEPARTMENT . 255 PARKWAY BOULEVARD . COPPELL,TEXAS 75019
P.I" 13
BID Q-0808-02
DR-08-Ol
Company Information
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Fax Number: 0 ('7 ~ J 1'7-- -6; j]
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CITY OFCOPPELL . PURCHASING DEPARTMENT' 255 PARKWAY BOULEVARD' COPPELL, TEXAS 75619 Pace 14
BID Q-0808-02
DR-08-01
CONFLICT OF INTEREST QUESTIONNAIRE FORM
CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE ONLY
Government Code by a person doing business with the governmental entity. Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1 Name of person doing business with local governmental entity.
2
[J Check this box if you are filing an update to a previously filed questionnaire.
(The Jaw requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name each employee or contractor of the local governmental entity who make. recommendations to a local
government officer of the governmental entity with respect to expenditures of money AND describe the
affiliation or business relationship.
4 Name each local government officer who appoints or employs local government officers of the governmental
entity for which this questionnaire Is filed AND describe the affiliation or business relationship.
"'doJUd 1110212005
CITYOFCOPPELL. PURCHASING DEPARTMENT. 255 PARKWAY BOULEVARD. COPPELL. TEXAS 75019
POliO 15
BID Q-0808-02
DR-08-01
CONFLICT OF INTEREST QUESTIONNAIRE
Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom filer has amllatlon or business relaOonshlp. (Complete this
section only If the answer to A, B, or C Is YES.
FORM CIQ
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has
affiliation or other relationship. Attach additional pages to this Form cia as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire? Cl Yes a No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
government officer named in this section AND the taxable income is not from the local governmental entity? Cl
Yes Cl No
C. Is the filer of this questionnaire affiliated with a corporation or other business enti~ that the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more? l:I Yes Cl No
D. Describe each affiliation or business relationship.
6
Signature of person doing business with the govemmental entity Date
CITYOFCOPPELL. PURCHASING DEPARTMENT . 255 PARKWAY BOULEVARD . COPPELL,TEXAS 75019 Pale 16
[E]
_ICII___...
P.O. Box 126216
Fort Worth, Texas 76126
Phone (817) 377-8512
Fax (817) 367-6383
August 5, 2008
We're having a hard time getting bonded at this time due to being rejected by two bonding
companies. I am one of the principal owners in this comparIY that is going through a 2-year
divorce. The divorce has temporary damaged my personnel credit which the bonding companies
rely on.
Key points I would like to add:
We understand that we will be funded within 10 days after successfully completing the project.
We do not have any subs; we own the dredge, trucks and other related equipment that will
successfully complete this project.
I understand that this is an exceptional circumstance and apologize for the inconvenience.
If you have any questions please do not hesitate to contact me.
Sincerely,
RVICES, INC.
Anthony Dilulio
President
www.americanunderwaterservices.com
AGREEMENT
This Agreement is made on this the _ day of , 2008, by and
between the City of Coppell ("City") and the Chaucer Estates Homeowners Association
("Chaucer"). The two parties agree as follows:
I. TERMS
WHEREAS, The City of Coppell ("City") and the Chaucer Estates Homeowners
Association ("Chaucer"), both desire to see the retention pond dredged in the Chaucer
Estates dredged.
WHEREAS, The City believes dredging the pond will improve drainage on the
public lands nearby the pond;
WHEREAS, Chaucer desires to have the pond dredged;
THEREFORE, PREMISES CONSIDERED the City and Chaucer enter into
the following Agreement:
The City shall pay seventy five thousand dollars ($75,000.00) to Chaucer for the
purposes of dredging the Chaucer pond. At such time as the pond is dredged, the City
will provide inspection services at no cost to Chaucer. The City shall not have any other
role in the dredging other than the payment of seventy five thousand dollars ($75,000.00)
to Chaucer Estates and inspection of the future dredging.
Upon payment of the seventy five thousand dollars ($75,000.00) by the City,
Chaucer shall release the City from all claims based on drainage or silting problems with
the pond. Chaucer will also be responsible for all maintenance to be done on the pond
from the date of execution of this contract forward.
II. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties hereto, and no other
oral or written commitments shall have any force or effect if not contained herein.
III. SEVERABILITY
In case anyone (1) or more of the provisions contained herein shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
un-enforceability shall not affect any other provision thereof, and this contract shall
construed as if such invalidity, illegality or unenforceable provision had never been
contain herein.
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IV. AUTHORITY
The undersigned officers and/or agents authorized to execute this contract on
behalf of the partied hereto, and each party hereto certifies to the other that any necessary
resolutions extending such authority have been duly passed and are now in full force and
effect.
V. REMEDIES
No right or remedy granted or reserved to the parties, is exclusive of any other
right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
VI. APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; any venue for any
action shall be in State District Court of Dallas County.
VII. SUCCESSORS AND ASSIGNS
This . Agreement is binding on the successors, executors, administrators and
assigns of the parties to this Agreement. Neither party will assign, sublet, subcontract or
transfer agreement without the written consent of the other party. No assignment
delegation of duties or subcontract under this contract will be effective without the prior
written consent of the other party.
VIII. RECITALS AND EXHIBITS
The recitals and Exhibits to this Agreement are incorporated herein for all
purposes as if set out herein verbatim.
31048
CITY OF COPPELL:
Jim Witt, City Manager
CHAUCER ESTATES HOMEOWNERS ASSOCIATION
President, Chaucer Estates
31048