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HomeMy WebLinkAboutResolution No. 2012-059 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- U<7j( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE PROFESSIONAL ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND HALFF ASSOCIATES, INC. FOR THE DESIGN OF THE WIDENING OF MEMORIAL DRIVE FROM MAIN STREET TO NAVAHO LANE, 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: design of the Widening of Memorial Drive from Main Street to Navaho Lane; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with Halff Associates, Inc. which is attached hereto and incorporated herein by reference as Exhibit "A," tinder the terms and conditions provided therein; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of $507,750.00 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 of $507,750.00. 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 17th clay of July, 2012. ATTEST- L J e McCou Mayor City of The olony, Texas Christie Wilson, City Secretar~ 4 4 ~ ~y l 5}' APPROVED AS TO FORM: 4 Jeff Moore, City Attorney 1 ti~ a 4,o V 1 STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services ("Agreement") is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas ("City"), and Halff Associates, Inc. ("Professional") (individually, each a "'Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services for City for Construction Plans, Specifications and Estimates for the Widenin14 of Memorial Drive from FM 423 to Navaho Lane ("Project") in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMEN-1 - Page I 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scone of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services". In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including those in electronic form, prepared by Professional and its consultants, agents, representatives, and/or employees in connection with the Project ("Project Documents") are intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be deemed the authors of their respective part of said Project Documents. Notwithstanding the foregoing, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project Documents, whether in draft form or final form, which are produced at City's request and in furtherance of this Agreement or for the Project. City shall have full authority to authorize contractor(s), subcontractors, sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project Documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by Professional in connection with this Agreement are "works for hire" and shall be the property of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City's sole risk, without liability to Professional. Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have all rights and privileges related to the use of the information contained in the Project Documents. City understands and agrees that the Project Documents contain information, details and other data of value ("technical data") that are at the core of Professional's business and that any perceived transfer of such technical data would adversely limit, affect and impact Professional's interests and, in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall identify such technical data to City, when necessary. CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page 2 Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the "Work Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after Professional has actual knowledge of the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit B by payment of a fee not to exceed $507,750.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 53 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit B. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. CITY OI: THE COLONY, TEXAS, PROFESSIONAL SERvicEs AGREEMENT - Page 3 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, plans, and other services furnished by CITY OF THE COLONY TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page: 4 Professional under this Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City's review, approval, nor acceptance of, nor payment for any of, the services provided under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and Professional shall be and remain liable to City in accordance with applicable law for all damages to City caused by Professional's negligent performance of any of the services furnished under this Agreement. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: Troy C. Powell, City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page 5 NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. CITY OF THE COLONY- TF,XAS. PROFESSIONAL SERVICES AGREEMENT - Page 6 10.2 Authorization. Each Party represents that it has frill capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: With Copy to: Troy C. Powell Gordon Scruggs City Manager Director of Engineering City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page 7 If intended for Professional: Halff Associates, Inc. Attn: Benjamin L. McGahey 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S WILLFUL MISCONDUCT OR PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, CITY OF TILL COLONY. TEXAS. PROFFSSIONAL SERVICES AGRFEMENI - Page 8 THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 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 right or remedy 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. CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMENT- Page 9 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this i day of 2012. City of The Colony, Texas By. t't -~1 City Manager Attest:. City Secretary EXECUTED this day of )~t 12012. Professional By: ? Name: Benjamin L. McGahey, P.E. Title: Senior Project Manager Attest: Vice Presid n CITY OFT] IL COLONY_ TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page 10 it EXHIBIT "A" SCOPE OF WORK for Construction Plans, Specifications, and Estimates for the Widening of Memorial Drive from FM 423 to Navaho Lane in THE COLONY 1. Description: The project will involve the widening of approximately 12,150 linear feet of Memorial Drive between FM 423 and Navaho Lane. Memorial Drive is classified as a major 6-lane arterial street (6D-B between FM 423 and Paige Road and 6D-A between Paige Road and Navaho Lane). The street will be widened from a four-lane divided arterial street to a 6-lane divided arterial street. All widening of Memorial Drive will occur within the existing median. Construction will include paving (roadway, sidewalk, and a 10-foot wide bike trail), drainage, water, sanitary sewer adjustments, street lights, one (1) new traffic signal and modifications of three (3) traffic signals, fiber optics, landscaping and irrigation. 2. Design Assumptions - Certain assumptions were employed in developing the scope and fee for this proposal. A. Paving Design Standards - All roadways will be constructed to City standards with 8-inch reinforced concrete pavement on a lime stabilized subgrade. The design will be in accordance with City standards and latest AASHTO guidelines. In addition to widening Memorial Drive the following paving improvements are included in this proposal: i. Completely reconstruct the Blair Oaks intersection in accordance with Option 3 described in the November 21, 2008 evaluation prepared by Dennis Haar with Halff Associates, Inc. This option replaces the entire width of Blair Oaks approximately 100 feet north and 100 feet south of the intersection and replaces the entire width of Memorial Drive approximately 70 feet west and east of the intersection. Additional storm drainage will be designed, and Halff will also evaluate the need for a subsurface drain within the Blair Oaks intersection. ii. Reconstruct a small portion of eastbound Memorial Drive on the east side of the Paige Road intersection to improve the rideability of the intersection. iii. Add a left-turn lane on westbound Memorial Drive at Worley Drive. A-1 1:A1008-12\8371 - T53\WO01 - The Colony\Memorial Drivc\Proposal\Memoria] Dr Exhibit A (SCOPE OF WORK).docx iv. Add a left-turn lane on westbound Memorial Drive at the first median opening east of FM 423. v. Remove and reconstruct the brick paver crosswalks within the South Colony Boulevard intersection. B. Bike Trail Design - The following is included in the Bike Trail design for Memorial Drive.- i. Conceptual Phase: Prepare strip schematics providing up to two separate alignments for a 10-foot wide Bike Trail between FM 423 and Navajo Lane. The purpose of this schematic is to provide feasible alternative alignments for the bike trail in order for City staff to determine the appropriate alignment to design and construct with this project. Pros and Cons for each alignment are included in the conceptual phase scope of work. Locations for the proposed bike trail will be limited to existing City rights-of-way. No right-of-way acquisition is anticipated or included. ii. Design Phase: Upon City approval of an alignment the Consultant will provide final design drawings for a 10-foot wide Bike Trail between FM 423 and Navajo Lane. C. Water Design - A 16-inch water line, previously designed by Halff Associates, Inc., between Worley Drive and South Colony Boulevard will be included in the project. Plans will be updated to meet current City of The Colony standards. It is assumed that existing water lines within portions of the existing median and crossing Memorial Drive are in good condition and will not be replaced. D. Sanitary Sewer Design - It is assumed that existing sanitary sewer lines within portions of the existing median and crossing Memorial Drive are in good condition and will not be replaced. Only manhole adjustments will be necessary to match proposed pavement grades. E. Signal Design - The Consultant will engage Savant Group, Inc. to provide signal design. The following is included for each of the four signalized intersections along Memorial Drive: i. Blair Oaks Boulevard: Prepare design for a new signal. A temporary signal will also be designed to accommodate all phases of construction. ii. Paige Road: Evaluate existing signal, add video detection, illuminated street name signs and upgrade and/or replace the existing controller cabinet to allow video detection and future fiber connections. A-2 1:A1008-12\8371 - T~3\WO01 - The Colony\Me1110ria1 DriveAProposal\Memoria] Dr Exhibit A (SCOPE OF WORK).doex iii. South Colony Boulevard: Evaluate existing signal, add illuminated street name signs and if necessary, adjust signal heads. iv. Morningstar Drive: Evaluate existing signal, add illuminated street name signs and adjust signal heads by removing westbound dual left turn. F. Fiber Optic Conduit - A conduit w/ 3 innerducts will be installed between FM 423 and Morningstar Drive. No fiber will be installed with this project. G. Drainage Design - Storm sewers will be extended between Worley Drive and South Colony Boulevard. These extensions were previously designed by Halff Associates, Inc. and the plans will be updated to meet current City of The Colony standards. Additional improvements include the following: i. Construct storm drain improvements within the Blair Oaks intersection in accordance with Option 3 described in the November 21, 2008 evaluation prepared by Dennis Haar with Halff Associates, Inc. ii. Extend the existing box culvert on the south side of Memorial Drive at Worley Drive approximately 85 feet. iii. Evaluate the integrity of the existing double 84-inch corrugated steel pipe culvert. A separate price is provided for the design of a new culvert if replacement is necessary. iv. Evaluate the integrity of the gabion baskets along the north side of Memorial Drive 150 feet east of Blair Oaks Boulevard. H. Environmental - No environmental assessment is required for this project. 1. Landscape and Irrigation - This proposal includes landscaping and irrigation design for the medians only. Additional landscape and irrigation design for locations in addition to the following locations can be completed for an additional fee. i. FM 423 to Blair Oaks: There is no existing landscaping within this section of the Memorial Drive median. The Consultant will provide a complete conceptual landscape for the median only. Upon approval by City staff, the Consultant will develop full landscape and irrigation design documents. A-3 ]-\1008-12\8371 - T53\WO01 - The Colony\Memorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx ii. Blair Oaks to Worley: Existing median landscaping and irrigation designed by Halff Associates, Inc. is located within this section. The Consultant will perform up to *two (2) site visits to determine the species and apparent health of the existing plants and verify the working condition and adequacy of the existing irrigation system. The Consultant will provide a new landscape and irrigation design that supplements the existing trees, shrubs, etc. providing a single theme for the entire length of Memorial Drive. Additional irrigation will be designed to accommodate the new landscape plan. iii. Worley to S. Colony: There is no existing landscaping within this section of the Memorial Drive median. However, Halff previously provided a landscape and irrigation design that was never installed. The Consultant will re-evaluate the old design and revise to provide a single theme for the entire length of Memorial Drive. iv. S. Colony to Morning Star: Existing median trees are located within this section. The Consultant will perform up to *two (2) site visits to determine the species and apparent health of the existing trees and verify the working condition and adequacy of the existing irrigation system. The Consultant will provide a new landscape and irrigation design that supplements the existing trees providing a single theme for the entire length of Memorial Drive. Additional irrigation will be designed to accommodate the new landscape plan. V. Morning Star to Navajo: Existing median trees and shrubs are located within this section, and it appears that this portion of the median is maintained by The Legends Homeowner's Association. Some of the existing trees may be in conflict with the proposed widening improvements. The Consultant will perform up to *two (2) site visits to determine the species and apparent health of the existing trees and verify the working condition and adequacy of the existing irrigation system. The Consultant will then provide a new landscape and irrigation design that supplements the existing trees providing a single theme for the entire length of Memorial Drive. Additional irrigation will be designed to accommodate the new landscape plan. vi. Paige Road Intersection: The Consultant will perform up to *two (2) site visits to determine the species, health and condition of the landscaping and verify the working condition and adequacy of the existing irrigation system at the four corners of the Paige A-4 I:A1008-12\8371 - T53\WO01 - The Colon OMemoria] DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx Road intersection. The Consultant will provide a new landscape plan for the intersection. Additional irrigation will be designed to accommodate the new landscape plan. No structural design is included in this scope of work (for example: monument sign). * Site visits for existing landscape, irrigation and conflict will be performed concurrently with the overall project. There are a total of two (2) site visits scheduled for the site evaluation of Memorial Drive. J. Street Lights - A street light plan will be prepared for streets lights between FM 423 and Blair Oaks and between Worley Drive and South Colony Boulevard. 3. Work Plan: A. Surveying: The Consultant shall provide surveying services, which, in general, may be defined as normal services applicable to a project of this type. The following particulars will also apply. (1) Vertical benchmarks shall be established such that all points of construction shall be within 500 feet of a benchmark. Benchmarks should not be subject to loss during construction. Fire hydrants and similar appurtenances are not to be used for benchmarks. The City will furnish one or more benchmarks for this Project. The surveyor shall establish temporary benchmarks throughout the length of the project. (2) Topographic features will be surveyed along with any and all other features needed for design, review, permitting, construction, and inspection of the project. Coverage will extend beyond the proposed rights-of-way far enough to integrate the design with the adjacent properties. (3) Existing property corners, iron pins, etc. shall be tied into established existing rights-of-way. Prior to surveying on private property, the surveyor shall secure written permission from the property owners and/or tenant and shall provide the City a copy of said written permission. Should only oral permission be granted, the surveyor shall document the permission granted by letter to the property owner/tenant, with a copy to the City. If permission cannot be obtained, the City will assist or other arrangements will be worked out. B. Right-of-Way Determination - The existing right-of-way and adjacent easements for Memorial Drive will be determined and shown on the plans. No additional right-of-way acquisition is required for this project. A-5 1:A1008-12\8371 - T53\WO01 - The Colony\Memorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx If it is determined that additional right-of-way and/or easements are necessary, Halff can provide these surveying services for an additional fee. C. Construction Plans - The Consultant shall develop construction plans for review, permitting, bidding, construction, inspection and record keeping. In general, construction plans shall be consistent with normal practice for projects of this nature. The following particulars will also apply. The construction plans will consist of numerous sheets ordered as follows: (1) Cover Sheet and Sheet Index: The cover sheet shall include a location map. Additionally, the cover sheet shall show the project name, project number, date, City logo, Consultant's name, address, and telephone number and other items as may be specified. Following the title sheet shall be a sheet index with drawings numbered consecutively and without subscripts. (2) Project Layout Sheet(s): The project layout sheet(s) will be drawn to a scale of 1" = 100' and laid out with the north arrow up or to the right. The purpose of the project layout is to depict the project in a simplified view. Major items of work will be shown without excessive detail. Additionally, survey control points shall be shown. (3) Project General Notes and Legend: These sheets will include a listing of abbreviations, legend, and general notes. (4) Typical Sections: Typical sections shall be drawn to scales of 1" = 5' h and V = 2' v and shall depict a view looking north or east. As a minimum, typical sections will be drawn showing the relationship of the proposed street and existing and proposed improvements. Typical sections will include existing roadways, utilities, right-of-way lines, etc., along with all proposed utility and roadway improvements and will depict all significant items of work. (5) Plan and Profile Sheets: Plan-profile sheets will be arranged from south to north and from west to east, with the north arrow up or to the right on the sheet. Plan-profile sheets will be drawn to scales of 1" = 20' h and 1" = 4' v. Stationing will be from south to north or west to east with the beginning station being set at approximately 0+00. Each plan-profile sheet will include no more than 500 feet of street; thus, leaving ample margins both left and right. The plan and profile station will align vertically on the sheet with the proposed centerline drawn parallel to the profile grid. When there is a centerline curvature, A-6 1008-12\8371 - T53\WO01 -The ColonvAMemorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx the plan-profile should be drawn so that as much of the plan view is in alignment as possible. Plan-profile sheets shall depict all existing and proposed items pertinent to the project. (6) Detail Sheets: The City's standard drawings will be used as a beginning point in developing standard details for this project. They will be reviewed and modified for this project. Where other agency standards are used, they shall be reduced as necessary to fit on the City's standard sheet format with complete title block. (7) Miscellaneous: Construction plans will also address erosion control, traffic control (including detours, road closures, signing, barricading, etc.) and all other improvements. (8) Cross Sections: Cross sections shall be drawn to scales of 1" = 10' h and 1" = 5' v on sheets of 1" grids H and V. They shall be arranged from bottom to top of the sheet looking up station and shall show existing and proposed features and improvements. Generally, no more than eight (8) sections per sheet are to be plotted. Each section should extend beyond the easement and rights-of-way a sufficient distance to clearly show the relationship between the proposed improvements and the existing properties. Full sections will be drawn at critical locations, such as steep driveways, retaining walls, and at maximum spacings of 50 feet. (9) Review Plans: Schematic Plans will be prepared and submitted at the 30% milestone. Preliminary plans shall then be prepared and submitted at the 60% milestone. Final plans shall be prepared and submitted at the 100% milestone. Also, the Consultant may submit plan sheets or working drawings to the City for review and comment to reduce the number of revisions that otherwise would be required. During development of the plans, the Consultant shall attend meetings as needed. The Consultant shall, in company with the City, perform at least one plans-in-hand review. (10) Design: The design of the project shall be in general accordance with the City of The Colony ordinances, standard details, and good engineering practices. During the design phase, the Consultant shall contact various utility companies and obtain information relating to existing utility lines. The design should avoid major utility relocations, where practical. When required, proposed relocations or replacements will be shown in plan and profile. Consultant will set up and attend A-7 I:\1008-12\8371 - Ti3\WO01 -The Colony\Memorial DriveAProposal\Memoria] Dr Exhibit A (SCOPE OF WORK).docx utility coordination meetings with franchise utility companies, as necessary, for the project. (11) Prints: The Consultant shall provide prints of construction plans for review and permitting. Five (5) sets of half-size plans will be submitted to the City for each review stage. The Consultant will provide utility companies with half-size copies of 60% plans for review. The Consultant will provide up to thirty- five (35) sets of half-size prints for bidding and construction. (12) General: Construction plans shall be furnished full-size and half-size. Overall dimensions of full size construction plans shall be 22" x 34". The City's standard format shall be used. All prints for review purposes shall be furnished on 11" x 17" sheets. Full-size and half-size final construction plans shall be furnished to the City. Half-size prints shall be provided for bidding and construction. Electronic files in PDF, CAD and Word format shall be provided to the City for use by City staff and for posting on BIDSYNC. (13) Generic Sheet List: Following is a general list of plan sheets required for each construction package. (a) Cover Sheet (b) Sheet Index (c) Project Layout Sheet(s) (d) General Notes and Legend (e) Typical Paving Sections (f) Demolition Plans (g) Paving Plan and Profile Sheets (h) Bike Trail Dimension Control Plans, Pavement Markings & Signage (i) Grading Plans / Detailed Intersection Grading Plans (j) Drainage Area Map (k) Hydraulic Grade Line and Inlet Calculations (1) Drainage Plan and Profile Sheets (m)Storm Drain Lateral Profiles (n) City of The Colony Pavement Standard Details (o) Miscellaneous Pavement Details (p) City of The Colony Storm Drain Standard Details (q) Box Culvert and Headwall Details (r) Water Line Plan and Profile Sheets (s) City of The Colony Water Standard Details (t) City of The Colony Wastewater Standard Details (u) Erosion Control Plans (v) City of The Colony Erosion Control Details (w) Landscape Plans and Details A-8 1:A1008-12\8371 - T53\WOOI -The Colony\Memoria] DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx (x) Irrigation Plans and Details (y) Jointing Plans (z) Pavement Markings and Signage Plans and Details (aa) Illumination Plans and Details (bb) Temporary Traffic Signal Layouts (cc) Traffic Signal Design Layouts (dd) Traffic Signal Details (ee) Fiber Optic Plan & Profile Sheets (ff) Traffic Control and Sequencing Plans (gg) Roadway Cross Sections D. Specifications - The Consultant shall prepare a project manual and technical specifications required for bidding and constructing the project. The project manual will be provided in the City's standard format. Only specifications amending or supplementing COG specifications need be furnished. Project manual, specifications, bid items and quantities shall be furnished on hard copy and by electronic file. E. Estimates - Estimates of probable cost will be developed at each milestone submittal. F. Bidding, Construction, Closure: (1) Bidding - During the bidding phase, the Consultant will prepare bid documents and assist the City in advertising of the project for bids. The consultant will address technical questions and prepare addenda and issue to the bidders. The Consultant shall attend a pre-bid meeting and prepare minutes. The Consultant will tabulate bids and make recommendation for award of contract. (2) Construction: (a) Attend a pre-construction meeting and monthly progress meetings as required. Document each meeting with written minutes. (b) Visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and quality of the executed work. In performing these services the Consultant will endeavor to protect the City against defects and deficiencies in the work of the Contractor. However, the Consultant cannot guarantee the performance of the Contractor, nor be responsible for the actual supervision of the construction operations or for the safety measures that the Contractor takes or should take. (c) Review shop drawings and Contractor submittals. A-9 1:A1008-12\8371 - T53\WO01 -The Colony\Memoria] DriveAProposakMemorial Dr Exhibit A (SCOPE OF WORK).doex (d) Review laboratory test reports on materials and equipment. (e) Prepare and negotiate Change Orders between the Contractor and the City. (f) Prepare record drawings from information supplied by the Contractor. (g) Attend final inspection and prepare a punch list report. (3) Closure - The Consultant shall prepare "record" plans, incorporating all changes and known variations to provide the City the best possible set of record drawings. The final record drawings shall be furnished in TIFF and CADD format and placed on a CD. GIS shape files shall also be furnish to the City on CD. G. Permitting - The Consultant shall prepare applications to the Texas Department of Licensing and Review (TDLR) for code review of sidewalks and ramps. After construction the consultant shall notify TDLR of completion date. Consultant shall address any questions or issues by TDLR as a result of review and inspection. TDLR review and inspection fees shall be paid by the City. H. Geotechnical Investigation - The Consultant shall utilize previous geotechnical engineering studies and engage CMJ Engineering, Inc. to provide additional sub-surface investigations in the form of boring logs. Borings shall be of sufficient depth and spacing to provide general information needed for the design and construction of the project. 1. Culvert Hydraulic Analysis (if required) - The Consultant shall develop the appropriate hydraulic modeling in order to provide a culvert size for the hydraulic crossing at Blair Oaks Boulevard and Office Creek. The description provided below is based on the assumption that the steady flow information given in the Effective FIS will be used. In addition, the current effective hydrologic and hydraulic models will be utilized in its current format unless otherwise specified by the City. Such tasks as updating the current modeling to HEC-RAS or generating a new HEC-RAS model for existing and proposed conditions, revising the existing conditions hydrology in HEC-HMS based on current development levels, and providing hydrologic analysis in HEC-HMS of the ultimate development conditions are not currently included in this scope. The following tasks will be included in the feasibility analysis. (1) Topographic information including field survey and existing topography will be gathered as well as available hydrologic and hydraulic modeling and all available background information including reports, mapping, and CADD and GIS information. This A-10 1:A1008-12\8371 - T53\WO01 - The Colony\Memorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx information will be examined for accuracy and applicability. In addition, a one-day site investigation will be performed. (2) Hydraulic modeling will be completed for both existing and proposed development conditions. The existing modeling will incorporate new topographic data and reflect current conditions of the existing culvert and surrounding channel. The proposed hydraulic modeling will consist of a new culvert for a 4-lane divided road as well as the option of adding capacity to the existing culvert by adding an additional barrel(s). The two alternatives will be optimized to determine the best size, number, headwall configuration, and necessary erosion control measures. Impacts to the existing floodways will also be evaluated. J. Public Meetings - The Consultant will assist the City in conducting one (1) public meeting with residents and other stakeholders to present the design. Halff will prepare visual materials for presentation at the meeting. K. City Council Coordination - The Consultant shall prepare the necessary exhibits and a roll drawing to present to the City Council. The Consultant will also attend one (1) City Council meeting to discuss the project if necessary. L. Construction Control Staking - The Contractor will provide construction staking. M. Miscellaneous - Miscellaneous services not provided for herein and not generally associated with a project of this type will be paid for under an amendment to this Agreement and for an additional fee. 4. Schedule: A. Completion of design surveys and geotechnical investigation: 49 calendar days from date of written authorization to begin work. B. Completion/furnishing 30% schematic plans, specifications, bid quantities, and construction cost estimate: 77 calendar days from date of written authorization to begin. C. Completion/furnishing 60% preliminary plans, specifications, bid quantities, and construction cost estimate: 182 calendar days from date of written authorization to begin, including 28 days for City review time. A-11 I:A1008-12\8371 - T53\WOOI - The Colony\Memorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).doex D. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 266 calendar days from date of written authorization to begin, including 56 days for City review time. E. Bidding services: 70 calendar days from city's approval of final plans. F. Construction services: In accordance with the construction schedule. (estimated to be 300 calendar days total) G. Closure: 60 calendar days from the date of construction completion. A-12 1:A1008-12\8371 - T53\WO01 -The ColonyWemorial DriveAProposal\Memorial Dr Exhibit A (SCOPE OF WORK).docx EXHIBIT "B" COMPENSATION for Construction Plans, Specifications, and Estimates for the Widening of Memorial Drive from FM 423 to Navaho Lane in THE COLONY Exhibit "B" defines the basis of compensation to the Consultant for the services rendered. A. Basic Fee Services - The basic fee for the services as described in Exhibit "A" will be $444,600 which includes printing, direct costs and computer charges normally associated with production of these services and reproduction of up to fifteen (15) sets of plans for review purposes for each construction package. The basis of compensation for Basic Fee services shall be as follows: 1. $119,280 for Phase I - Schematic Design Phase (30% submittal) 2. $119,280 for Phase II- Preliminary Design Phase (60% submittal) 3. $159,040 for Phase III -Final Design Phase (100% submittal) 4. $47,000 for Construction Phase Services Items (1) through (4) will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts designated for each item. B. Special Services - Special Services will be billed monthly based on actual completion of the tasks and may include partial payments of the total amounts designated for each item. The table on the following page summarizes special services fees. B-1 TASK DESCRIPTION FEE 1. Design Surveys $23,000 2. Right-of-Way Determination $8,100 3. Geotechnical Investigation $8,250 4.Culvert Hydraulic Analysis $15,000 5. ARS Plan Review Fee, TDLR State $750 Filing Fee & Coordination 6. TDLR Inspection Fee & Coordination $750 7. Public Meetings $3,200 8. City Council Meeting $1,600 9. Printing of Plans and Specifications $2,500 TOTAL SPECIAL SERVICES $63,150 The total maximum fee for all services is $507,750. B-2