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HomeMy WebLinkAboutResolution No. 2013-054 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2013- Q6 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND HALFF ASSOCIATES FOR THE LION'S CLUB PARK POND DESILTING PROJECT, 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 an agreement such that the Consultant is to provide the following services: DEVELOPMENT OF BID SPECIFICATIONS AND PROJECT MANAGEMENT OF THE LION'S CLUB PARK POND DESILTING PROJECT; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with HALFF ASSOCIATES, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $11,700 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Professional Services Agreement which is attached and incorporated hereto 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 in the amount not to exceed $11,700, and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 15th day of October, 2013. ATTE T: J (~McCouryy, Mayor 7ty of The Colony, Texas J C` hi stie Wilson, City Secretary OF TM APPROVED AS TO FORM: ~'p ~0 Jeff Moore, City Attorney` ATE X p,~a x 63918 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 Lions Club Park Pond Desiltin ("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. CITY OF THE COLONY. TEXAS. PROFESSIONAL SERVICES AGREEMENT - Page 1 23 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 Scope 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 OP 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 "Basis of Compensation"), which is attached hereto and incorporated as Exhibit B. 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 on a lump sum basis for the services specifically as set forth in Exhibit A. The not to exceed fee for this contract is $11,700.00. 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. 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. CITY OF TIME 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 THr 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, TEXAS, PROFESSIONAL SERVICES AGREEMENT - 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, 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 Copes: Troy C. Powell, City Manager Pam Nelson, Community Services Director City of The Colony City of The Colony 6800 Main Street 5151 N. Colony Boulevard 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: Dennis Haar, P.E. 4000 Fossil Creek Blvd. Fort Worth, TX 76137-2720 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 put-poses. 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, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CITY OI; THE COLONY TEXAS, PROFESSIONAL SERVICES AGREEMENT - Page 8 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. ~ I EXECUTED this day of 9 2013. City of The Colony, Texas By: City ger Attes - c City Secretary EXECUTED this i ~ day of oc.°rbzr°~z_ , 2013. Professional By:. Name: DIC.ah 5 l o, z. Title: ~2oSP~T MM~~bR~ Attest: Secretary ler"r F g ~'e--6 y `J CITY OF THE COLONY. TEXAS, PROFESSIONAL SERVICES AGREEMENT -Page 10 Exhibit A Scope of Services SCOPE OF SERVICES Lions Club Park Pond Desilting City of The Colony I. Project Overview: Professional will provide survey, site engineering, and construction services to desilt the 0.75 acre lake in Lions Club Park at the southeast corner of FM 423 and Nash Drive. The project specifications will allow a base bid to drain the pond and excavate the remaining silt. The specifications will also provide an alternative bid to allow the contractor to dredge and dewater the silt. All silt will be hauled off site and disposed of. The pond is not on a stream defined by the USGS maps, so no permitting is required. Reed Engineering has completed a silt analysis and determined that the chemical constituents detected in the sediment samples are not considered a significant environmental concern. A sketch of the dredging area and the Reed report are attached. II. Surveying Services A. Topographic Survey 1. Professional will survey the site to establish construction benchmarks and control. Professional will also provide a topographic survey of the pond perimeter to establish excavation limits and elevations for the Reed Engineering study samples. The survey will also indicate existing trees and structures to be protected. This will provide the necessary elevation control for construction. III. Engineering Services A. Site Engineering Plans - Professional will prepare the following: 1. Proposed grading and erosion control plan - The plan will provide the location excavation limits, and stormwater best management practices to complete the pond desilting. 2. Project Manual - The project manual will include the City standard Engineering Department proposal, contract, bid forms, and technical specifications based on the North Central Texas Council of Governments Standard Specifications for Public Works Construction - Fourth Edition. 3. Submittals and Meetings - a. Provide 5 copies of the preliminary manual will be provided to the city for review. b. Attend one meeting with the city to discuss project manual and address city comments c. Provide up to 20 copies of project manual for bidding. A-1 IV. Construction Services A. Professional will attend the prebid and preconstruction meetings. B. Professional will respond to requests for information concerning the plan and specification and will provide addendums and revisions as necessary. C. Professional will review bids and provide bid tabulation. D. Professional will review pay applications and provide two site visits to verify construction progress during construction. E. Professional will walk the project with the contractor at completion, provide a punch list, and perform a final punch list review. V. Services Not Included The following services are not included in the scope and fee for this project. Professional can provide these services at the owners request for additional fee. 1. Geotechnical consulting services. 2. Record Drawings. 3. Permitting with City, USACE, TCEQ, or any other national, state, or local entity. 4. Quality control and material testing services during construction. 5. Gas, telephone, and cable design. 6. Landscape and Irrigation Design 7. Exterior lighting design 8. Fencing plans. 9. Additional surveying not listed 10. Additional plats, easement or dedication exhibits. 11. Resetting of survey monuments disturbed or destroyed by others. 12. Filing fees, and permit fees. 13. Environmental impact statements and environmental assessments. 14. Traffic engineering reports or studies. 15. Construction staking, observation and/or material testing. 16. Certification that the project is constructed in accordance with the construction documents. 17. Environmental services required to permit the proposed improvements. 18. Review of Engineers certificates. The Professional/Engineer° shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of the Engineer, increase the Engineer's risk or the availability or cost of his or her professional or general liability insurance. A-2 Exhibit B BASIS OF COMPENSATION Lions Club Pal°k Pond Desilting The City of The Colony L Compensation City shall pay Professional on a lump sum basis for the services specifically as set forth in Exhibit "A". The estimated fees for Items I, II, and III established in the attached Fee Summary shall be invoiced monthly, based on percentage complete. Fees include printing of site plan and construction drawings for submittal purposes. The not to exceed limit for the project is $11,700.00. The fees and budgets established in the attached Fee Summary from Professional do not include City and State Permit fees. The fees and budgets established in the attached Fee Summary from Professional do not include revisions once the design is underway. If revisions are requested by the City, a revision to the scope and budget will be required. 11. Schedule Professional will begin work upon receipt of written notice to proceed from the City. The project schedule will be as follows: • Preliminary plans and specifications will be submitted to the City 21 calendar days from notice to proceed. • Preliminary plan review will be completed 7 calendar days from preliminary plan submittal. • Final plans and specifications will be submitted to the City 7 calendar days from receipt of preliminary plan comments. • Construction plans and specifications will be submitted to the city 7 calendar days from receipt of final plan comments. B-1 FEE SUMMARY 1. Surveying Services 1 Topographic Survey (for Design) $1,600 Subtotal Surveying Services: $1,600 11. Engineering Services 1 Grading and Erosion Control Plan $800 2 Project Manual $4,100 3 Meeting $500 Subtotal Engineering Services: $5,400 III. Construction, and Closeout Services 1 Prebid and Preconstruetion Meetings $1,300 2 Bid .Inquiries, RFI, etc. $600 3 Review Bids and Bid Tabulation $800 4 Pay Applications (2) $400 3 Final Walk Through, Punch List, and Verification $1,600 Subtotal Construction Services: $4,700 TOTAL: $11,700 B-2 I 548 n m 544 642 _ w co 546 A . v 548 F 47 423 n N FAT 423 n o O 562 9t?9 546 O fj A ~ 660 O°\5 cr ' ~ Bey ~.e Sr ~ _ 01 554 = ► 56 -26N Iwo G- 9r._ • O sa Cej~ w t : F YIP* Joy 77 C) VIP cn 666 N) n_i7 _ ; Sgg : a I 1'E• J ' l~.~`? off` ' b~ ~lr EEi.x,:°°1 "r r d $j~h~ ilea - T N 568 L¢ ^^s.~,[ L Lo -17 t F, -x IL h7 W, 688 mom mom 9 MEN 885 Blair Oaks 590' c L,, ~i. f ii V-sir-, MINU -0 REED Erlf--1P'IEFEE RIr-lM G RD LIP PROJECT NO. 18782 JUNE 2013 I SEDIMENT EVALUATION LIONS CLUB PARK 4800 NASH STREET THE COLONY, TEXAS Presented To: CITY OF THE COLONY THE COLONY, TEXAS