HomeMy WebLinkAboutResolution No. 2013-027
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2013- C?9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE PROFESSIONAL SERVICES
CONTRACT AMENDMENT BY AND BETWEEN THE CITY OF THE
COLONY AND BRIDGEFARMER & ASSOCIATES, INC. FOR
ENGINEERING SERVICES IN CONNECTION WITH THE MEMORIAL
DRIVE SPRING CREEK CONNECTOR PROJECT, A SCOPE OF
CONTINGENT SERVICES IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into a Contract Amendment such that
the Consultant is to provide the following services: ENGINEERING SERVICES IN
CONNECTION WITH THE MEMORIAL DRIVE SPRING CREEK CONNECTOR PROJECT;
and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract Amendment with Bridgefarmer & Associates, Inc., a scope of contingent services is
attached hereto and incorporated herein by reference as Exhibit "A," under the terms and
conditions provided therein; and
WHEREAS, with this Contact the City of The Colony is agreeing to pay the sum of
$130,944 for such work, in addition to the $43,259 previously authorized.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Professional Services Contract Amendment Scope of Contingent Services,
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
$130,944.
Section 2. The City Manager is hereby authorized to execute the Contract Amendment 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 7th day of May, 2013.
F
J e McCc'ilrry f1Vlayor
City of The C,'olony, Texas
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM: t:4-~
Jeff Nloore, City Attorney
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
Bridgefarmer & 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 Additional
Services for Memorial Drive/BNSF Grade Separation ("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 11
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.
PROFESSIONAL SrRVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAI. DRIVE GRADE SEPARATION - 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.
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 "Budget and Project Schedule"), which is attached hereto and incorporated
as Exhibit B.
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION Page 2
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 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 as set forth in Exhibit "A" by payment of
a lump sum fee not to exceed $74,635.00 for design services and time and materials fee not to
exceed $56,309.00 for Bridge Inspection Services. Partial payment will be made on a monthly
basis based on a percentage of the work completed for the lump sum design work. Backup of time,
hours and materials will be provided for Bridge Inspection Services. The total not to exceed fee is
$130,944.00.
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 in a form acceptable to the City.
5.3 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 A.
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.
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION - 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 thud 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
Professional under this Agreement. Professional shall, without additional compensation, correct or
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION - Page 4
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: Gordon Scruggs, P.E., CFM, Director of Engineering
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 error, omission or negligent act with minimum limits of $2,000,000 per claim,
$2,000,000 annual aggregate.
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION - 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
i
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.
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAI. DRIVE GRADF. SFPARATION Page 6
10.2 Authorization. Each Party represents that it has full 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, warranties,
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:
Gordon Scruggs, P.E., CFM
Director of Engineering
City of The Colony
6800 Main Street
The Colony, Texas 75056
PROFESSIONAL, SERVICLs AGREEMENT FOR ADDITIONAL SERVICES FOR MF,MORTAi, DRIVE GRADE SLPARATION - Page 7
If intended for Professional:
Mansoor Ahsan, P.E.
President
12801 N. Central Expy, Suite 400
Dallas, Texas 75243
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, 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 PERFORMANCE OF SERVICES UNDER
THIS AGREEMENT OR BY REASON OF ANY 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, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE
TERMINATION OF THIS AGREEMENT
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION - Page 8
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.
10.19 No Third Party BeneficiM. 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
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL DRIVE GRADE SEPARATION - PagC 9
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 ~ day of , 2013.
City of The Colony, Texas
By:
or do c ggs, P.E., , Director of Engineering
Attest:
A
City Secretary
B
EXECUTED this If% L ` day of ~kva-, , 2013.
Professional
By: -f,,,.
Name: M A'~ 4--po-4 A-.,J ~E.
Title: ~W-f ~XGCs.- 8..i
it'&,, Elizabeth Kr*a
a Attest:
cmWil" bon Secretary
PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL SERVICES FOR MEMORIAL. DRIVE GRADE SEPARATION - Page 10
Exhibit A
Scope of Services
This Exhibit defines the additional services, beyond the original agreement, to be performed by the
Professional for the preparation of construction plans, specifications, and construction phase services for the
construction of Memorial Dr/Spring Creek Parkway as Supplemental Agreement No 2.
This supplemental agreement No. 2 will include re-designing and revisions to plan sheets for retaining walls,
grading, drainage, pumps and other elements as needed to accommodate a future drive approach for the
Texas Industries property, southwest of the intersection of the proposed Spring Creek Parkway and Town &
Country Boulevard. Additionally, this agreement will include services for the design and plan preparation of
water lines and traffic signal modifications, as needed to provide service for this Texas Industries lot. This
agreement will also include preparation of additional easements as described herein, as well as construction
observation services for the construction of the bridge to serve the railroad crossing.
The Professional will provide the City of The Colony with the following, in addition to the services being
provided under existing agreements:
A. Redesign and Plan Sheet Revisions to Accommodate Conceptual Drive Approach
B. Preparation of Exhibits and Legal Descriptions for Easements Related to Design Changes
C. Plan Sheet Revisions/Additions to Accommodate Water Service for the Texas Industries Property
D. Revisions to Specifications and Cost Opinions
E. Revisions needed for Traffic Signal Modifications Due to Added TXI Drive Approach
F. Field Observation and Inspection of Railroad Bridge
Tasks A through E, outlined above, will be billed monthly based on percent complete. Task F will be billed
monthly based on time and materials. The services provided for each task are described in more detail
below.
A. Redesign and Plan Sheet Revisions to Accommodate Conceptual Drive Approach
The Professional will make design modifications and revise plan sheets as needed to accommodate
a future drive approach for the Texas Industries property described above, and as shown on the
Conceptual Drive Approach Exhibit, included herewith. To accommodate this drive approach, design and
revisions to plan sheets will be performed for retaining walls, grading, drainage,
erosion control, signage & striping, traffic signals, landscaping and irrigation plans, as well as any
related sheets, such as detail or index sheets.
Due to grading modifications needed to accommodate the drive approach, additional drainage
will be collected by the stormdrain system in Spring Creek Parkway, which conveys drainage to
the proposed pump station. The Professional will evaluate the effects of this additional drainage on
the functionality of the pump station and make design modifications as needed to ensure
adequate functioning of the pump station and accompanying stormdrain system, with added
flow for post-project, as well as future conditions.
The Professional will redesign the retaining walls along Spring Creek Parkway to accommodate the
drive approach for the Texas Industries property. This will include a wall opening where the
approach would be constructed. In order to deter south-bound traffic from Town & Country
Boulevard from continuing through the intersection at the location of the wall opening,
The Professional will include any traffic barriers, signs or other indicators required by the city of
Frisco to direct traffic to turn at this intersection, and not continue straight through the
intersection. The Professional will modify the traffic signal design to accommodate the future drive
approach (include in Part E of this scope).
The Professional will also prepare conceptual plans for the wall opening, which would include the
wall extensions, grading, slopes, casements and drainage patterns. These plans will be used to
acquire the approval of TXI and the City of Frisco.
B. Preparation of Exhibits and Legal Descriptions for Easements relate to Design Changes
The Professional will provide easement documents, signed and sealed by a registered land
surveyor, which the City of the Colony will be able to file with the County. Easement documents
will include two wall easements, one slope easement, one drainage easement, and a temporary
construction easement for improvements to be constructed on the Texas Industries property.
Additionally, a second drainage easement will be performed for stormdrain pipes crossing the
BNSF Right-of-Way. No easements are expected to be required for traffic signal poles or related
items. All easements will be surveyed and staked in the field.
C. Plan Sheet Revisions and Additions to Accommodate Water Service for Texas Industries
Property
The Professional will make design modifications and revise/add plan sheets to extend the existing
water mains as needed, and to provide a water service connection for the portion of the Texas
Industries property on the southwest side of the proposed Spring Creek Parkway alignment.
D. Revisions to Specifications and Cost Opinions
The Professional will make additions and modifications to the Project Manual, add bid items and
specifications, and make revisions as needed to incorporate the referenced design and plan
revisions into the bidding documents. The Professional will also modify the Construction Cost
Opinion, and add any new items related to the design modifications.
E. Revisions Needed for Traffic Signal Modifications Due to Added TXI Drive Approach
The Professional will modify the design and plan sheets for the traffic signal at the intersection of
Town & Country and Spring Creek Parkway in order to accommodate the future drive approach.
An additional signal and pole will be provided for traffic departing the TXI property at this
intersection, and any related modifications will be made to the currently designed signals, as
needed to accommodate the future drive.
F. Field Observation and Inspection of Railroad Bridge
The Professional will provide field personnel to serve as a representative of the engineer during
construction of the railroad bridge and will perform periodic field observation and inspection of
the bridge construction.
Exhibit B
Budget and Project Schedule
h Basis of Compensation
The services for A - E will be completed for a lump sum not to exceed contract amount of $74,635.00. The
services for Item F will be performed on a time and materials basis for a fee not to exceed $56,309.00. The
total not to exceed fee is $130,944.00. No work outside the approved scope of work shall be performed by
Professional without prior written approval and Change Order to the contract. The task shall be performed in
accordance with the attached fee proposal provided from the Professional.
11, Project Schedule
The services outlined in this contract should be completed in accordance to the milestone dates in the
attached schedule provided from the Professional upon receipt of a written Notice to Proceed from The City
of The Colony.
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Sridgefarmer& Associates, Inc.
Memorial Drive at BNSF Railroad Fee Proposal
Summary of Manhours by Classification
Memorial - Spring Creek Roadway and Drainage
Supplemental Agreement #2
Bridgefarmer & Associates, Inc.
April 18, 2013
BASIS OF ESTIMATE
MANHOURS
Work Description Project Senior Design Jr Eng CADD Admn Labor hours Fee
Mgr En En r Err Tech Clyd Estimate
Hour Rate
$181.00 $165.00 129.00 $102.00 $93.00 $62.00
A - REVISIONS FOR TXI DRIVE APPROACH
PRELIMINARY
Meetings 4.0 4.0 4.0 12.0 $1,900
Preparation of Preliminary Exhibits 1.0 24.0 25.0 $3,277
Preliminary Drainage Calculations 4.0 4.0 $516
Coordination with Clties 4.0 8.0 12.0 $1,756
SHEET MODIFICATIONS
RETAINING WALL
Revise Wall Design 1.0 2.0 8.0 4.0 15.0 $1,915
Wall Sheet Revisions 1.0 8.0 24.0 16.0 49.0 $6,085
Sheet Review 1.0 2.0 3.0 $511
Address City Comments 2.0 4.0 8.0 4.0 18.0 $2,426
GRADING
Grading Redesign 8.0 8.0 $1,032
Grading Sheet Revisions 2.0 4.0 5.0 $630
Sheet Review 1.0 1.0 $165
Address City Comments 1.0 4.0 2.0 7.0 $883
DRAINAGE
Revise Drainage Areas 4.0 2.0 6.0 $702
Revise Inlet Calculations 8.0 8.0 $1,032
Add New Inlet and Lateral 2,0 2.0 $258
Revise Stormdrain Calculations 8.0 8.0 $1,032
Revise Pump Calculations 16.0 16.0 $2,064
Drainage Sheet Revisions 8.0 40.0 48.0 $4752
Sheet Review 1.0 4.0 4.0 9.0 $1,357
Address City Comments 16.0 8.0 24.13 $2,80
EROSION CONTROL
Modify Erosion Control Design 2.0 2.0 $258
Erosion Control Sheet Revisions 2.0 4.0 6.0 $630
Sheet Review 1.0 1.0 2.0 $310
Address City Comments 1.0 1.0 2.0 4.0 $496
MISCELLANEOUS SHEET REVISIONS
Edit Miscellaneous Sheets 1.0 4.0 4.0 9.0 sTM9
Sheet Review 1.0 4.0 5.0 $697
Address City Comments 1.0 2.0 4.0 7.0 $811
OTHER MISCELLANEOUS
Coordination with City and Sub Consultants 4.0 4.o 8.0 $1,240
Submittal Preparation 4.0 8.0 8.0 20.0 $2,
SUBTOTAL 29.0 25.0 188.0 0.0 102.0 344.0 $43,112
B - PREPARATION O EASEMENT DOCUMENTS
Coordfnation with Surveyor 2.0 2.0 4.0 $620
Preparation of Easement Documents
Staking Easements
Coordination with CI 1.0 2.0 3.0 $439
Subconsuitants $10,000
SUBTOTAL 3.0 4.0 7.0 $11,059
Page 1 of 2
i
Bridgefamter & Associates, Inc.
Memorial Drive at BNSF Railroad Fee Proposal
Summary of Manhours by Classification
Memorial - Spring Creek Roadway and Drainage
Supplemental Agreement #2
Bridgefarmer & Associates, Inc.
April 18, 2013
BASIS OF ESTIMATE
MANHOURS
Work Description Project Senior Design Jr Eng CADD Admn Labor hours Fee
Mgr Eng Engr JEFF) Tech Circl Estimate
T I
Hourly Rate
$181.00 $165.00 129.00 $102.00 $93.00 $62.00
C. WATER L! REVISIONS AND ADDITIONS 1
Preliminary Coordination with Frisco 2.0 20 $258
Design Water Line Extension 8.0 8.0 $1032
Water Plans Preparation 8.0 6.0 16.0 $1776
Edit Removals Plans 4.0 2.0 4.0 $702
General Notes and Details 2.0 1.0 4.0 $351
Coordination with Subconsullant 1.0 1.0 2.0 $310
Sheet Review 1.0 2.0 3.0 $439
Address City Comments 1.0 2.0 2.0 4.0 $625
SubrGMUItants - $1,000
SUBTOTAL 3.0 29.0 13.0 46.0 ",493
D- REVISIONS AND ADDITIONS TO SPECIFICATIONS
QUANTITY REVISIONS I ADDITIONS
Traffic 4.0 4.0 $660
Retainin Wall 4.0 4.0 $660
Grading 4.0 4.0 $408
Drainage 4.0 4.0 $516
Erosion Control 1.0 1.0 $129
Water 2.0 2.0 $258
SPECIFICATION AND BID ITEM REVISIONS
Add Water Line Specifications 4.0 4.0 $516
Edit Bid Items and Descriptions 4.0 4.0 $516
Address CF Comments 4.0 4.0 $516
Submittal Preparation & Coordination 4.0 4.0 8.0 $1,240
COST OPINIONS
Preliminary Estimate of Changes to Construation Cost 2.0 4.0 4.0 $848
Edit Final Cost Opinion 2.0 4.0 8.0 $846
Edit Bid Items Quantities In Pro ect manual 2.0 2.0 $258
SUBTOTAL 4.0 12.0 33.0 4.0 53.0 $7,369
E - REVISIONS FOR TRAFFIC SIGNAL
TRAFFIC SIGNAL
Traffic Signal redesign 16.0 16.0 $2,64
Traffic Signal Sheet Modifications 18.0 16.0 $2,64
Sheet Review 2A 2.0 $362
Address City Comments 4.0 4.0 $660
SUBTOTAL 2.0 36.0 0,0 0.0 38.0 $6,302
F - RAILROAD BRIDGE OBSERVATION I INSPECTION
assumed
Site Conshuction Observation 400.0 400.0 $51,600
Mileage $4,709
SUBTOTAL 400.0 400.0 $66,309
MISCELLANEOUS EXPENSES
Plottin , Printing, and Outside R oduction $200
Courier Services $100
SUBTOTAL $300
TOTAL ESTIMATED COST
Page 2 of 2
12370 - MEMORIAL DR RR UNDERPASS to Mar-1
AetNlty lD AetNlly Name Dur~etlonl tart I Finish 2073 20 4
Apr Jul Nw Dec Jqn Fab
12370 - MEMORIAL DR RR UNDERPASS 188 25-Mar-13 1B-Dec-13 May Jun Aug Sep Oct
A1000 GRADINGIEARTHWORK FOR SHOOFLY 25 25-Mar-13` 22-Apr-13 GRADINGIEARTHWORK FOR SHOOFLY
A1010 RR BALLAS 1 TRACK SWITCH 15 23-Apr-13" 09-May-13 I~ RR BALLAS I TRACK SWITCH
A1020 INSTALL TEMP SHORING 10 10-May-13' 21-May-13 D IN$TALLTEMP SHORING
A1030 DRILL SHAFTS (37 EA) 15 22-May-13' 08-Jun-13 O DRILL SHAFTS (37 EA)
-
A1040 BRIDGE CONSTRUCTION 105 10-Jun-13' 11-Oct-13
BRIOGE CONSTRUCTION '
A1050 RR BALLAST 15 12-Oct-13' 29-Oct-13
A1060 DRILL SHAFTS 5 30-Oct-13' 04-Nov-13 O RR BALLAST
i~ DRILL SHAFTS
A1070 REMOVE SHOOFLY I EARTHWORK & GRADI NG 10 05-Nov-13' 15-Nov-13 I~ REMOVE SHOOFLY 1 EARTHWORK 8 G
A1080 PIPEIINLETS 1016-Nov-13' 27-Nov-13
PIPE/INLETS
A109C CLEANUP/SELL/MISC. 15 02-Dec-13- 18-Dec-13
t~ CLEANUP/SELUMlSC.
Completed Work ♦ ♦ Milestone Y®P Summary Page t of 1 (TASK Slier: All Actvifiss
O Planned Work % Complete
(c) Primavera Systems Inc