HomeMy WebLinkAboutResolution No. 2014-071 CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014 - orn
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE ENGINEERING SERVICES
CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND
HALFF ASSOCIATES, INC. TO UPDATE THE DESIGN PLANS FOR
THE RESIDENTIAL STREETS RE-CONSTRUCTION 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 a Contract such that the
Consultant is to update the design plans for Ragan Road,Nash Drive, and Roberts Drive; and
WHEREAS,the City has determined that it is in the best interest of the City to enter into
the Contract with Ha1ff Associates, Inc. which is attached hereto and incorporated herein by
reference as Exhibit "A," under the terms and conditions provided therein; and
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum of
$81,400 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY,TEXAS THAT:
Section 1. The Engineering 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.
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 7th day of October, 2014.
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/ , Jo- McCourr Mayor
/ , / I ity of The Colony, Texas
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istie Wilson, City Secretarye 0" OF•
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Jeff Moore, City Attorney rL*X;NS,,,
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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 Phase V Street Reconstruction ("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 AGREEMENT-Page 1
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
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 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 $81,400.00.
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, interne, 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 OF 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,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 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 THE COLONY.TEXAS.PROFESSIONAL SERVICES AGREEMENT-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 day of C/ /O kit- , 2014.
City of The Colony,Texas
By:
Cit`,yrger
Attest:
4:1 WA—LP--
City Secretary
EXECUTED this 3c11:1 day of SEPTE.,NZER , 2014.
Professional
By:
Name: Benjamin L. McGahey, P.E.
Title: Senior Project Manager
Attes
mi
Vice ' dent
CITY OF THE COLONY.TEXAS,PROFESSIONAL SERVICES AGREEMENT-Page 10
EXHIBIT "A"
SCOPE OF WORK
for
Construction Plans, Specifications and Estimates
Phase V Street Reconstruction
in
THE COLONY
1. Description:
The project will involve the reconstruction of three (3) streets. They are as
follows:
Nash Drive — John Yates Drive to Paige Road
Ragan Road — North Colony Boulevard to Ragan Place
Roberts Drive — Blair Oaks Drive to John Yates Drive
Streets will be reconstructed to the same width as existing and with 6-inch
(Roberts) to 7-inch (Ragan and Nash) thick reinforced concrete paving
sections in accordance with each street's classification. Sidewalks and
driveway returns within street rights-of-way will be constructed as well. Also
included are drainage improvements, water and sanitary sewer lines within
street right-of-way.
2. Assumptions:
(1) Half services shall include only services that are normal and customary
and are not represented as including special services or those requiring
expertise that is greater than that provided by other service providers.
(2) Nash Drive, Ragan Road and Roberts Drive were previously designed but
not 100% complete. This project will verify and update the survey and
design in order for the streets to be constructed.
(3) If during verification and re-setting of survey control for Nash, Ragan and
Roberts it is determined that significant changes have occurred since
original surveys were completed, additional design surveys may be
necessary. Additional design surveys are not included in this proposal.
3. Work Plan:
A. Surveying: The Consultant shall verify previous survey and re-set project
control. The following particulars will also apply.
A-1
(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
surveyor shall establish temporary benchmarks throughout the length
of the project.
B. 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" = 50' 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 1" = 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 highway 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 1+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, the
plan-profile should be drawn so that as much of the plan view is in
A-2
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: 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.
(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 twenty-five (25) sets of half-size prints for
A-3
bidding and construction. Electronic files in PDF format shall be
provided to the City for use by City staff and for posting on BIDSYNC.
(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. Up to four (4) full-size
and four (4) half-size final construction plans shall be furnished to the
City. Up to two (2) full-size and three (3) half-size final construction
plans shall be furnished to the Contractor. Electronic files in PDF and
DGN or DWG format shall be provided to the Contractor for use during
construction.
(13) Generic Sheet List: Following is a general list of plan sheets
required for each construction package.
(a) Cover Sheet
(b) Sheet Index and Legend
(c) Project General Notes
(d) Typical Paving Sections
(e) Project Layout Sheet(s)
(f) Demolition Plans
(g) Paving Plan and Profile Sheets
(h) Drainage Area Map
(i) Hydraulic Grade Line and Inlet Calculations
(j) Drainage Plan and Profile Sheets
(k) Storm Drain Lateral Profiles
(I) City of The Colony Pavement Standard Details
(m)Miscellaneous Pavement Details
(n) City of The Colony Storm Drain Standard Details
(o) Water Line Plan and Profile Sheets
(p) Sanitary Sewer Plan and Profile Sheets
(q) City of The Colony Water Standard Details
(r) City of The Colony Wastewater Standard Details
(s) Erosion Control Plans
(t) City of The Colony Erosion Control Details
(u) Pavement Markings, Lighting and Signage Plans and Details
(v) Traffic Control and Sequencing Plans
(w)Roadway Cross Sections
C. 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.
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D. Estimates: Estimates of probable cost will be developed at each
milestone submittal.
E. Public Meetings: The Consultant shall attend one (1) public meeting for
this project. The Consultant shall prepare exhibits for the meeting and
assist the City in making the presentation. Half will answer questions and
prepare minutes. The City will provide the meeting place and handle
citizen notifications.
F. Construction Control Staking: The Contractor will provide construction
staking.
G. Bidding, Construction, Closure:
(1) Bidding — During the bidding phase, the Consultant will prepare bid
documents and assist the City in advertising 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.
(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 on
mylar, of the same specification as provided for in the Agreement and
on CD. GIS shape files shall also be furnish to the City on CD.
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H. Permitting:
(1) 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 are
included in this proposal.
(2) The Consultant shall prepare exhibits and permit application and
submit to Oncor for approval of new construction across existing 250-
foot Oncor/TXU utility easement.
I. 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 verification survey: 30 calendar days from date of written
authorization to begin work.
B. Completion/furnishing 60% preliminary plans, specifications, bid
quantities, and construction cost estimate: 60 calendar days from date of
written authorization to begin.
C. Completion/furnishing 100% final plans, specifications, bid quantities, and
construction cost estimate: 120 calendar days from date of written
authorization to begin, excluding City review time.
D. Bidding services: 60 calendar days from city's approval of final plans.
E. Construction services: In accordance with construction schedule
(estimated to be 300 calendar days total)
F. Closure: 60 calendar days from the date of construction completion.
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EXHIBIT "B"
COMPENSATION
for
Construction Plans, Specifications and Estimates
Phase V Street Reconstruction
in
THE COLONY
Exhibit "B" defines the basis of compensation to the Consultant for the services
rendered.
1. Basic Fee Services — The basic fee for the services as described in
Exhibit "A" will be $68,700 which includes printing, direct costs and
computer charges normally associated with production of these services.
The basis of compensation for Basic Fee services shall be as follows:
1. $27,420 for Phase I — Preliminary Design Phase (60% submittal)
2. $18,280 for Phase II — Final Design Phase (100% submittal)
3. $23,000 for Construction Phase Services
Items (1) through (3) 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.
TASK DESCRIPTION FEE
1. Verify and Reset Control (Ragan, $6,100
Nash and Roberts)
2. Plan Review Fee & TDLR State Filing $1,700
and Inspection Fees
3. Oncor/TXU permit $500
4. Public Meetings $2,400
5. Reimbursable Expenses (Printing,
Deliveries, Mileage, etc.) $2,000
TOTAL SPECIAL SERVICES $12,700
The total maximum fee for all services is $81,400.
B-1
City of The Colony 9/30/2014
Phase V Street Reconstruction
Halff Associates AVO 1008-14-9350
Senior Project EIT Surveyor, Survey Survey Survey GIS CADD Clerical Total Total Fees, Subtotal Total
Task Project Materials&
Manager Manager RPLS Crew,PC Crew,IM Technician Specialist Supplies
Special Services
Verify&Reset Control(Nash,Roberts,&Ragan) 1.0 40.0 40.0 8,0 89.0 $6,056.47 $6,056.47 $6,100.00
TDLR Review and Inspection Fees 4.0 4.0 8.0 $866.92 $805.00 $1,731.92 $1,700.00
Oncor Permit(Nash Drive) 1.0 1 0 2,0 $216.73 $250.00 $466.73 $500.00
Public Meetings(1) 6.0 6.0 60 18.0 $2,357.52 $2,357.52 $2,400.00
Printing and Delivery Costs 80 8.0 $46696 $1,500.00 $1,966.96 $2,000.00
SUBTOTAL-Special Services 6.0 11.0 11.0 10 40.0 40.0 8.0 8.0 125.0 $9,964.60 52,615.00 $12,579.60 $12,700.00
Basic Fee Services
Construction Plans(Approx.#of Sheets)
Revise Cover Sheet(1) 0.5 2.0 2 5 $279.65 $279.65 $300.00
Revise Sheet Index and Legend(1) 0.5 2.0 2 5 $279.65 9279.65 $300.00
Revise General Notes(2) 0.5 2.0 2.5 5279.65 $27965 $300.00
Revise Typical Paving Sections(1) 0.5 2.0 2.5 $279.65 527965 $300.00
Update Standard Details(26) 0.5 2.0 2.5 $279.65 $279.65 $300.00
Nash Drive
Site Visit 2.0 2.0 4.0 $433.46 $433.46 $400.00
Review and Update Plans 4.00 24.0 16.0 2.0 46.0 $5,387.56 $5,387.56 $5,400.00
QA/QC 4.00 80 8.0 20.0 $2,438.60 $2,438.60 $2,400.00
Ragan Road
Site Visit 2.0 2.0 4.0 $433.46 $433.46 $400,00
Water Line Revisions(new WLs since last designed) 8.0 8.0 1.0 17.0 $1,842.48 $1,842.48 $1,800.00
Review and Update Plans 4,00 24.0 16.0 2.0 46.0 $5,387.56 $5,387.56 $5,400.00
QA/QC 4.00 8.0 8.0 20.0 $2,438.60 $2,438.60 $2,400.00
Roberts Drive
Site Visit 2.0 2.0 4.0 $433.46 $433.46 $400.00
Review and Update Plans 4.00 24.0 16.0 2.0 46.0 $5,387.56 $5,387.56 $5,400.00
OA/QC 4.00 8.0 8.0 20.0 $2,438.60 $2,438.60 $2,400.00
Quantities and Cost Estimates 1.00 16.0 24.0 41.0 54,379,87 $4,379.87 $4,400.00
Specifications/Project Manual 1.00 24.0 120 4.0 41.0 $4,507.19 $4,507.19 $4,500.00
-Utility Coordination 1.00 8.0 8.0 17.0 $1,910,03 $1,910.03 $1,900.00
Meetings(2) 6.00 6.0 6.0 18.0 52,357.52 $2,357.52 $2,400.00
Address City Comments(60%Review) 1.00 4.0 8.0 8.0 21,0 $2,280.23 $2,280.23 $2,300.00
Address City Comments(100%Review)Plans&Specs 1.00 4.0 8 0 8.0 21.0 52,280.23 $2,280.23 $2,300,00
Construction Phase Services
Pre-Bid Meeting 4.0 6.0 10.0 $1,050.92 $1,050.92 $1,100.00
Bidding/Addenda 0.5 6,0 4.0 10.5 $847.85 $847.85 $800.00
Contracts/Agreements/Recommendation Letter/Bid Tab 0.5 6,0 4.0 10.5 $847.85 $847.85 $800.00
Pre-Construction Meeting 4.0 6.0 10.0 $1,050.92 $1,050.92 $1,100.00
Submittals/Pay Requests/Schedules/Change Orders 8.0 40.0 48.0 $4,677.84 $4,677.84 $4,700.00
Monthly Construction Meetings&Site Visits 30.0 50.0 80.0 $8,341.90 $8,341.90 $8,300.00
Final Inspection and Punchlist 0.5 8.0 8.5 $798.37 $798.37 $800.00
Record Drawings 0.5 6.0 16.0 22.5 $2,352.61 $2,352.61 $2,400.00
GIS Geodatabase 0.5 8.0 24.0 32.5 $3,043.81 $3,043.81 $3,000.00
SUBTOTAL-Basic Fee Services 35.0 223.0 2880 24.0 49.0 12.0 631.0 968,746,68 568,746.68 568,700.00
TOTAL PROJECT 41.0 234.0 299.0 1.0 40.0 40.0 8.0 24.0 49.0 20,0 756.0 $78,711.28 $2,615.00 $81,326.28 $81,400.00