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HomeMy WebLinkAboutResolution No. 2015-026CITY OF THE COLONY, TEXAS SOLUTION NO. 2015-_122_(k - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LANDTECH ENGINEERS FOR CONSTRUCTION -MATERIALS, ENGINEERING AND TESTING SERVICES FOR PHASE 2 OF SOUTH COLONY BOULEVARD GRADE SEPARATION AT THE SAME RAYBURN TOLLWAY SH 121, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A" AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND PRON71DING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES FOR PHASE 2 OF SOUTH COLONY BOULEVARD GIZADE SEPARATION AT THE SAM RAYBURN TOLLWAY/SH 121; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with LAN 3TEC ENGINEERS, LLC.. 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 a greeing to pay the sum not to exceed S 111,052.50 for such work. and WHEREAS, funding NN ill be provided by the General Fund balance. 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 and incorporated hereto as Exhibit ".,V', having been reviewed by the City Council of the City of The Colon—,,,,'T'exas. and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all thinLys approved in the amount not to exceed $141,052.50 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 3rd dad- of March 2015. ATTES e McCourr' '. Mayor City of The Colony. Tex —hfisfie Wilson, City Secretary n s���s Jeff '-\,1oor4. City Attorney 6�9 I IS STATE OF TEXAS 0'ry oF THE COLON V, TEXAS § AGRLEMEN'r FOR PROFE SSIONAL 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 LANIDTEC Engineers, LLC, ("Professional") (individually, each a "Party"' and collectively, "Forties"), acting by and through the Patties' authorized representatives. Recitals: WHERE, AS, 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 Phase 2 State Highway 121 / South Colony Blvd, Impi-ovements Construction Materials Engineering and Testing Services ("Project"), in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORF, 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 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 I I Term 2A 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 Cit- y under this Agreement, 2.2 Professional may terminate this Agreement by giving thirty (30) days prior -,ATitten notice to City. In the event of such termination by Professional, Professional shallbe entitled to compensation for services satisfactorily completed in. accordance with this Agreement prior to the date of such termination. L-Ily DT7fTF, COLONY, TZ'AS -Pwn,,,ssioxi,�L Srii7Fs AoRE-PJFNT -- Page 1 2.3 Citv inav terminate this Agreement by giving ten (1 t3) 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 Scolle 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, fall 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 At 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 ten-nination 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 Work Schedule"), which is attached hereto and incorporated ,as Exhibit B. Q1Y of THF SFRVT(-,F, 3AGRE'ENENJ — 2age 2 4.2 In the event Professional's performance of this Agreement is delayed or interfered )N,,itb 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, 43 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 day-, 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 Corn ensation and Method of Pa amen 5.1 City shall pay Professional for the services specifically as set forth in Exhibit "A" by payment of a fee not to exceed $141,052,50. Partial payments will be made on a monthly basis for completed portions of the work. Monthly, invoices should include a detailed breakdown of the man hours and materials utilized by each individual working on the project to document charges billed by the Professional and also include material tests perfon-ned. 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, 5A 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. Cily or THE CF)LQ-)NYJ1._FYAS Nr'—PakTe3 Article III Devotion of Time, Personnel. and EgRipment 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 deern 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. 62 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. 6A Professional shall furnish the facilities, equipment, telephones, facsimile machines, ernail facilities, and personnel necessary to perform the serNices required under this Agreement unless otherwise provided herein. Article V11 Relafi2RLhip of Partles 71 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 it). 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 perforinance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, suject 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 f6ith 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 Cir j_9ETw Ccq� TL,,,\Y�s P�L�01T,-�,SQINAL SmVICES AGRFFi,,Tm1'1- -- Page 4 , �,_qy� � revise any errors or deficiencies in the Project Documents and other services provided under this Agreement, ?'either 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 Vill Insurance 8.1 Before commencing Arork, 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 proj ect/contract number and be addressed as follows: City of The Colony, Texas Attention: Gordon Scruggs, P.E. Director ofEngineering and Planning Services 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Con-ipleted 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 Frriployers' 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. C` T7 TFE' CC) LONY, TEXAS, flit of AT- SE'RVICL-, I -- P -,I PC -1 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 Conirnercial 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+V1 or better as assigned by AM. Best Company or equivalent. Article IX Right to Fast cet ccnx� 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. U 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 withthe provisions of this section. City shall Rive 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. CH Y QFTRF Cra,oi;�% Ti -AS, PROFESSNI-NAL SERvicrs AGUTMENT — Pagc 6 10.2 Au' thorization. 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 AssiRnment. 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. 101,4 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, UkW and Exclusive Vt�nt�e, 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 Patties 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, CITY OFTHE OT Ct ' Y TEx,,,s, Pi�orT SSICYNTAL SEZ WCT, S AGREENENT— -PagC 7 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 in.tended for Cit : Gordon Scruggs, P.E. Director of Engineering and Planning Sergi,ices City ofiThe Colony 6800 Main Street The Colony, Texas 75056 If intended for Professional: Thomas D. Baker, P.E., RPLS LANDTEC Engineers, LLC. 1700 Robert Road, Suite 101 Marisfield, Texas 76063 With Copy to: Tod Alaurina Assistant City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 10.11 KLoijnjQrp 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, b'ut 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.t2 Exhibits, The exhibits attached hereto are incorporated herein and made a pail hereof for all purposes. 10.13 P'rofessional'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 Ind.ernnification. 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 'I EXTENT CAUSED BY PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER THIS AGRE EMENT OR BY REASON DIS" 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 mui SOLE NEGLIGENCE OF THE CITY). IF ANY ACTIONOR CITY QT'ftlE Cf)LQNYj4X:AS, PROFF..,SSIO-,,aAI.Sr1�VICF,,s A6fzf;F%mwT - Page PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIA131LITY 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. PROVE SSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED O.R. REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LL TED 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 OFT HIS 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 anytime 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 mariner 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 . Confidential ............. . . y representatives may have access to or otherwise receive information during the ftirtherance 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 CLrVia, TjiF Couxqy, TEx.,ks, PRnrEssroNAI, S FRvT.cF-,s Aml:F,,�fEt�r­ Pagre 9 of disclosure to Professional, or is required to be disclosed by a governmental authority 1,111der applicable law, 10. 18Remedip , — ----- _ Is 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 fernedy shall be curnuiative of every other right or remedy given hereunder, No covenant or condition of this Agreement may be Nvaived without written consent of the Parties, Forbearance or indulgence by either Party shall not constitute a waiver of any covenant of condition to be performed pursuant to this Agreement. 1.0.19 lido Third Pa Lt . Foi, 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 2015. City of The Colony, Texas B) Li- t'tc h/L or - City Secretary EXEC UTED this day, of 2015. WMIT, MIT "I By: Name: Title: Attest: Secretary ("j Cr:'s° oi Ti �r CoLpi Tf, x.As F R F, E L 5 T<vicFsAGREI, -- Rige 10 Exhibit A Scope of Services The scope of services includes one to two, engineering technicians available for testing, depending on the work load. The estimated number of hours for various personnel and tests along with the unit rates are presented on the attached spread sheets. 1.0 GENERAL The Professional proposes to provide senior level engineering technicians for this project. Regular visits will be made by the project geotechnical engineer of record to communicate directly with, field testing personnel, provide input with respect to geotechnical engineering design issues, consult with the City and other consultants. and attend construction inectings. Based on the information currently available and the Professional's understanding of the project, the Professional proposes to provide laborato, Y and field testing of the following items. * Embanl: cmcnts, Subgrades, Backfill and Base Courses * Embankment — Cuts & Fills * Untreated Base Courses • Treated and Untreated Subgrade. and Base Courses • Aggregates including sampling of batch plant stockpiles • Hydraulic Cement Concrete — Structural and Non -Structural • Hydraulic Cement Concrete Pavement Asphaltic Concrete Pavement Retaining Wall Bacicfill (Select and Non -Select) Other construction items as directed 2.0 13ASIC SCOPE OF SERVICES The following paragraphs and attachments detail the Professional's basic scope of services and estimated cost for the construction materials testing, coordination of field technicians and related engineering review of laboratory and field testing for the project. As a general overview, the Professional's scope of services includes the following: Laboratory and field tests will meet or exceed TxDOT procedures and specifications as outlined in the Prq�ect Manual and TxDOT Guide Schedule, of Sampling and Testing dated August 20 Q. The Colony's testing specs and standards,, and NCTCOG's specs will also be used on the section of city work. * Provide experienced senior engineering technicians to perform field and laboratory testing services including sampling materials, testing Soil and base materials, stabilized s,ubgrade, retaining wall foundation soils and backfill material, cast in place structural concrete and concrete paving during construction, This includes concrete and asphalt batch plant sampling and testing of stockpiled aggregates and mix design review as directed, * Provide an experienced geotechnical/materials engineer (Registered Professional Engineer in Tomas) to provide coordination of the engineering technician's daily work, review test data and review test report submittals. * Perform moisture/density relationships, Atterberg Limits (liquid and plastic limits) and particle size analysis for soil and base materials, ® Perform in place density/moisture tests using a nuclear density device (Troxley gauge), Determine the density and moisture content, percent compaction on soil and base materials. * Perform testing of the paving subgrade stabilization including compaction tests, Proctors, field gradations and depth checks. Perform Field and laboratory tests on Asphaltic Concrete Pavement in accordance with the TxDOT specifications, Perform testing of the retaining wall foundation soils, backfill soils, con-1paction tests, conformance testing of backfill materials including aggregates, soils, and geogrids. Perform testing of concretep aving, including slump, temperature, air content and casting the appropriate number of c34inders for compressive strength testing. Perform testing of cast -in-place concrete for the bridge piers, columns, caps and bridge deck including slurnp, temperature, air content and casting the appropriate number of cylinders for compressive strength testing. 3.0 ADDITIONAL SERVICES The following services are not included in the Basic Services and mill be considered as Additional Services, if and when required or requested: Additional hours or tests for the engineering technician beyond the specific hours/tests detailed on the attached spreadsheets. Additional engineering, site visits, report review and preparation time beyond what is outlined in basic service,,; and detailed on the attached spreadsheets. A construction time frame greater than the construction time duration running from March 1, 2015 to October 31, 2015 Additional testing including "Special Inspections" beyond that outlined in Baic,5ervices on the attached spreadsheets. The services of specialt.),- sub, consultants or other special outside services other than those described in Basic Services. Any other services not specifically included in Basic &rvices and on the attached spreadsheets. 4.0 GENERAL INFORMATION 'rests will be conducted in all areas designated to be ready for testing at the time the engineering technician is on site. Field test results will be given verbally to site representatives. Test reports will be submitted after the results are reviewed by a geotechnical/materials engineer. The presence of the Professional's field representative will be for the purpose of providing observation and field testing. The Professional's work does not include supervision or direction of the actual workkof the contractor, employees or agents of the contractor. Neither the presence of the Professional's field representative -not the observation and testing by the Professional's firm shall excuse the contractor in any w for defects discovered in his virork. It is understood that the Professional's firm will not be responsible for the job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. Exhibit B Budget and Work Schedule Budget Requirements: The services will be completed on a time and materials basis for the not to exceed total cost of $141,052.50. Partial payments will be made on a monthly basis for completed portions of the work. Monthly invoices should include a detailed breakdown of the man hours and materials utilized by each individual working on the project to document charges billed by the Professional and also include the quantity and type of each material test performed, The estimated number of personnel hours and tests with associated unit costs are included in the attached spreadsheet. No work outside the approved scope of work should be performed by Professional without prior written. approval and Change Order to the contract. Invoices are detailed as to date and type of sampling, test, observation, etc,, and xill be submitted monthly, A spreadsheet will be attached to the invoice indicating previous and current charges as well as total cost versus the contract amount ",ith total amount spent to date and percent remaining. Notes for the cost estimate are as follows: 1. Field test rates are charged per test in addition to technician hourly rates. 2. A minimum of four hours technician time and transportation charge will be billed for each call out, sample or specimen pickup, 3. Overtime rates are 1.5 times the, regular rate for hours worked over 8 hours per day or hours before TOO AM and/or after 5.00 PM. Lab and field services performed on Saturday, Sunda), and holidays will be charged at 1.5 times the regular rate. 4. Additional tests not included in this proposal will be quoted upon request. Work Schedule - The Scope of Services, work schedule and budget is based on the available construction schedule provided to the Professional and consists of a construction time duration running fi-om March 1, 2015to4ctobcr31,2015. Both parties agree that the not -to -exceed foe amount of $141,052.50 was based on this schedule. The services outlined in this proposal will begin upon receipt of Notice to Proceed from the City. The Contract will be completed once project closeout activities have been completed by the Professional and accepted by the City, Additional Services and Compensation. Additional Services, when authorized by City, will be in accordance with Professional's Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by City, Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided, City and Professional may subsequently agree in, writing for additional services to be rendered under this agreement for additional negotiated compensation, Construction Materials Engineering and Testing (COMET $evices) Highway 121/Scuth Colony Blvd, Interchange Phase 2 The Colony, Texas Schedule: Approx, March 1, 2015!to Approx. Oct. 31, 21015 No. Description I Unit Quantity Price Amount I Sr.Field Representative hr 40 50.00 2.400.00 2 Sr.Field Representative (OT) hr 201 90.00 1,80aGo 3 Transportation M 1,300 035 650,00 4 En&2erir-,0qTechnoiari hr 120 60.00 7,200.00 Engi[neeriry� Tednrizian (OT,' "W 60 90,00 5,400.00 6': TranspoTtaton mi 2,500 0r65 1,625.00 hr 16 130 2,025.00 8 Transportation 700 0.55 45::5.00 Pre paratiori of SoJ and Flexble Base Materials forTesfirQ (irvvijded in other tests) 9 TEX-101-E ea 8 45.00 1180.00 Uqu'd Limit of Soils (included in '106-E) 10 TEX-104-E ea - - Lialuld Limit of 861s (molded in 106-E) 11' TEX-105-E ea - Calculating the Plasticity Index of Sods 12 TEX-106-F ea 75,00 600,00 Paoicle Size Analysis of Solis 13 TEX-1 10- E ea 10100 800.00 Moisture- Density ReVstionshlp of Base Materials 14 TEX-1 13-E ea 2 300.00 600.00 Moistufe-Cens?ty Reiatiorship of Subgrade and Emarkment &,if 15 TEX-1 14-E ea 2 300,CO 600,00 Reid Method for Ira -Place Density of Soils and Base Matv-i4s 16 TEX- 1 15-E ea 15 35.00 525.1347 Ball kilil) Meftd for the DisOntagralion of Flexible Base I Malefial 17 TEX-1 16-E ea 1 225.00 225.00 T(axiak Compression Tests For Disturbed Sc 1s and Base Materials (Part Il) (6-6ay turn -around) 18 1 TEX-1 1 7 E, PART 11 ea 2,500.00 Traria! Compression Tests For Disturbed Soils and Base Witr6ais (Part If) (9 -day turn -around) 19 TEX 117--E, PART 11 ea 2,100,00 Moistu: 7e- Density Relationship of Base Materials with Traxial Compression Tests for Distrobed Solis and Base Pilaterlais (Part (10 -day turn -around) 20 TEX-113-E w/TEX-117-E, PART 11 ea Mciistura-Pcnsity Relationship of Base roaterjalSrith TraKual --2-.80000 Compression Tests for Distrubed Solis and Base MaterWs (Part 11) (13 -day turn -around) 21TEX-120-E, TEX-121-E, TEX-113-E wrFl1Y,-117-E, PART 11 ea 1 2,900.00 2,5Q0.09 Measuring Thickness of Pavement Layer 22 TEX-140-E ea DeteFmirmp Sulfate Content Pre Solis - Colorimetric Meth od (or base refired on the No. 40 sieve) 23 TEX-145-1--' ea 3 150.00 450,00 Sieve Analysis of Fine and Course Aggregate (dry, fiom ignVtjcn aven with known correction facto, s) 41TEX-200-F ea 7EG0 - I25 Sand L TEX 203 F ea 125.00 LANOTEC ENGWEERS 31,Ml Fkn12',-S. Colviri 5WJ Ph2-Fet,21015 -w7%00T)A, A-1 2A3120 15 Construction Nrlateriats Engineering and Testing (COMET Sevices) Highway 1211$outh Colony Blvd, Interchange Phase 2 The Colony, Teras achod ule. Approx. March'1, 2015 to Approx. OcL 31, 2015 Item No. Descri-ptbn Unit Estimate: Quantity unit Prig --e Estimated Arn7^,..nt S"�d(aNICf iB35c TeSfYA1 Contac 26'TEX-400-A Sampling I oxible Base, Sterne, 'gavel, Sand and Mrrarad Aggregates ea 3 100.00 300M 27" Abrasion of Coarse Aggregate usirg the Los Angees Machine [EX -410-A ea 275.00 28 29 Soundneu'ss of Aggregate by [Jae of Sodium Sulfate or Magrresiurn Sulfate TEX-411-A Degradation of Coarse Aggret;ate by Moro-noval Abra ion TEX-461-A AcO Insolutie Residue for Fine Aggregate 1"EX-612-J ea ea 400.00 - 2CO.00 31. Trox!er Nuclear Dens4ty Gauge VA 4 375.00 1,500.00 L30 32 Report PreparatronlOerlca& hr 16 45.00 720.00 33 Project En'rnoer - Review hr 8 135.00 1,080.00 Subtotal' = 31,815.0o RePar"npr4 Walls 34 Sr.Field Representative Tr, 50 60.00 3,000.00 35 Sr.Eield Representative (OT) hr 15 50.00 1,350.00 36 Transportation mi 1,000 0.65 650.041 37 Engineering Tecir-r;oian hr 80 60.0 8 4,800.00 l8 Fngk needng Techcriclan (07_ hr 40 _ ` 50.00 3,600.00 39 Trans rtaticn nH 1,700 0.65 1,105.00 40 Project Geetechmcal Engineer (Field) hr 30 135.00 4,050.00 41Transportation Mi 800 0.65 520.09 Preparatdon of Sart and Hexible Base MateriaV's for Test ng (included in other tests) 47 TEX-401-E ea 5 45.00 225.O0 Liquid Umit of Sols (includiad in 106-E) 43 TEX-104-E ea 5 Liquid Limit of Saris (included irh 106-F) 44 TEX-105-E ea 5 � Calculating the Plasticity Index of SciVs 45 TEX-103-E ea 5 ''' 75.00 375.00 I�att%o&a ,Size Analysis of SoOs 48 TEX-110-E ea 5 104.00 500.00 Md.ilure-Density Re1aVonship, of Base Mater4s 47 TEX-113-k ea 2 8110,00 600.00 _ Mfcisture-Density, Rerationship of Subgrade and Embankment Soil 48 TEX-114-F era 2 300.00 600ko Field Method for In -Place Density of Soils and Base Materials 49 TEX-115-E ea 30 35.00 1,050.00 50 TroxBer Nucaeardensity Gain VA 3 375.00 1,125.00 51 Report Preparation,JCledr-al hr 15 4b.00 675.00 521 Project Engineer - Rffview hr 10 1351 00 1,350.00 Subtotal) = 25,575.03 t_,#NDTC=C ENGINEERS 35M (;vV. xy ©tvd A-2 2/&2015 Construction Materials Engineering and Testing (C©MET Sevices) Higlh r+ay 12113outh Colony Blvd. Interchange Phase 2 The Colony, Texas 5chedulw Approx. March 1, 2015 toApprox, Oct, 31, 2015 lterrcG No. Description Unit EStr' sated 011antity Unit 'Brice E=5t!mted Arro€rnt Pavement ,Syp rade 53 Sr.Fl d Representative N 60 60.00 3,600.00 54 Sr. Reid Representative dCDTi hr 20 9Cf.00 1,Fi00.00 55 Transportation mi 750 0,65 457.50 56 IEngineerirrg Technician hr 75 60.00 4,500.00 57 Png' (C3T( rle�tar; ..e"� nears.,._�.�_..-.�,..m-��_�,.�. ifr 40 90.00 3,600.00 _._.�.� 58 Trans reticn rM 1,800 �._ 0.$5 1,170.00 59 Project Geotenhnicad Engineer (Holes) hr 10 135.00 1,350.00 60 Transportation mi 700 0.65 455,00 Preparation of Soil and FiexAb?a Base f0atertals for Testing (included In other tests) 61 TEX-101-E ea 3 45.010 135.00 LrgL4d I unit Cif,961S (irclualed in 10ti-E( 62 TEX-104-E ea 3 - Liquid Limit of Solis (included in 106-E) 63 TEX-105-E CaEcd ating the Pl- 6city Index of Suds 64 TEX-106'-E ea ea 75, CIO 225.00 Particle Size Analysts of Sols 65 TEXA1+0-E ea 3 100.00 300.00 Moisture -Dens y Rela onsh p of Base Materialls 66'TEX-113-E ea 1 300.0C 300.00 Moisiure-Density Relationship of Subgrade and Embankment Soil 67 TEX-114-E Field PrYethod for in_place Density of So0s and Bass Materials 68 TEX-115-E ea ea 4' 401 300.00 35.00 9,200.00 1,400.00 69Gradation -Feld ea 8 35-00 280.00 70 TrcxVer Nuclear Density Gauge ^oak 4 375-40 1,5010.00 71 Re cit Pre arationRCPericap hr 20 45.00 900.00 72Project Englrtreer - Review hr 10 135.00 1,350.00 Subtotal = 24,552.517 Concrete 1avfry 73 Sr.Field Reprewntative hr 50 (30.00 3,000-00 74 Sr.Field Representative (OT) hr 30 911.00 2,7070.00 75Trarrsportatiort mi 1.000 0.65 650.00 76 Erqrweieng Techn0Lian hr 110 60.00 54600.00 77 Erg, weri rg Technician (OT) hr 50 90.00 5,400.00 78 TrE-ansportaton mi 1,700 0.65 1,105.00 79 Concrete C' ftidera ea 100 25.00 2,1000.00 80 Re art Pra aratuonUericai hr 20 . 45,001 90til.0o 131 Projeot Engineer-- Review hr 10 126,001 1,250.00 Subtotal mm 23,705:00 LANDTECENGINEERS 9 ?: k-k+my 12f, -S. v'✓Nrne 53.w'd Fh2--rt,?i3t5 w,A-3. 2M6d'2015 Construction Materials Engineoring and Testing (C'oWET Sevices) Kghvway 121/South Cotony Blvd. Interchange Phase 2 The Colony, Texas Schedule: Approx. Warch 1, 2'015 to Approx. Oct. 31, 2015 Stern IEstimated Unit Esdrnai'ed No. De.scription unit Quantity flficeAmount Cast -In -Place Concrete _.:... _,..._,.... K Sr.Field Representatrve irr 34 4t1.00 1,t300.Q0 83 Sr.Field FRepresentabve (0T) hr 101 90.40 904.00 84 Trarusgortotion rM 500 1 0,85 325.00 Engineering Technidan hr 60.00 ,409.0086'Engineohng 86 EngineohTerhni¢dan (OT) hr _221 80' 90.00 __5.409.00- 7,200,00 87 TransWtatfcmn nni 1,700 1 0.65 1,105.00 i Sampling Flexible Base, Stone, Gravel, Sand and Mineral Ag,:lregakes 8tt TEX-40D-A ea 1 x011.00 100.00 Abrasion of Coarse Aggregate Using the Los Angeles Machine 89'TEX-410-A ea 1 275.00 275.00 5ourfdness of Aggregate by U:se of Saiium Sulfate or Magnesium Sulfate 90 TEX-411-A ea 1 4030.00 400.00 Degradation of Coarse Aggte4g to by M?cro-DevaV Abrasaon 91 TEX-401-A ea - Acid Insoluble Residue for Fine Aggregate 92 TEX-612-J ea 1 200.00 ', 200.00 93 Cor'icrete CyUrders ea 60 21.00 1,200.00 94 Report Preparataor3CIpi1ca hr 20 45.00 900.00 95ProjectEngineer -Review hr 10 135.00 1,SO.flO' Subtotal = 2'1,215.00 Asphaltic Concrete Peveinent 96 5r,Fie d Representative hr 10 6J.Qt7 600.00 97 Sr.FieM Repros dative (OT) hr 2 9"0.00 184.00 98 Trafnspertation M 200 0.65 130.00 95 Engineering Technician hr 20 60.00 1,200-00 100 Eno ineering Technician (01') hr 5 90.00 450.00 101 Transportation mi 5001 0.05 325.00 102 Pro}'eat Goatechnral Eng nE�,,i (Fkc id) hr 21 135,010 270,00 103 Transpertafti rrl 1co 0.05 05.00 (Lab -Molded Density of Production Mixture -Texas Gyratcry)(a set of 3 molds w4h one Gr) 104 TEX-206-F wITEX-207-F, Part I tvf ea Method of Compacting Test Specirrrents of Bituminous UyAures ' with Density of Compacted Sy"urnirous Mixtwes, mark k - Bulk Specefuc Gravity of Comm Acted Bitsfninous Mixtures, with Th ooretk;al Maximum Specific Gravity of B4unrinc,:r:s Mixtures 105 TEX-227-F ea 250.110 250.00 Density of Compacted Bituminous Mixtures, Park [-Bulk Specifo Grav4y of Compacted f3 wrnlnouts Mixture., &?or Part VI - Bulk Spaet03 Gravity of Corcnpaated BItI [mtVlrrZUS Mixtures Using the VEau'urn Method (a set of 2 nares cut by the Contractor) 100 TEX-207-F, PART 14JOR PART Vi ea 4 65.00 260.00 Density of Compacted Bituminous f29"iAures, Part V. Determining Mat Segregation usmg a Density -Testing Gauge 107 TIEX-207-F, PARTV' ea 4 50.00 200.00 Density of Compacted Biturninouus Mixtures, Park VII - Deterrnining Lorrgitudinpt.16rrt Density usirg a Upnsityd-Testing Gauge 1'08T'EX-207-F, PART VII ea 4 40.00 1643.00 Moisture Content of Bit rtrrtiious MiAures 109 TEX-212-F ea 40.430 Delet&cus Mata real and Decantation Test for Coarse Aggregate 110 TEX-217-F ea 1 75, 75.00 t-AWDTEC ENGINEERS 3538 rq Rr 121-S. C,rJVa^r^lsy @Yvk1'Ph1 'Fp i2L"i5.-svTwrdt}'C.x4p; A-4 ZW2DI5 Construction Ml Engineering and Testing (Col Sevices) Highway 121/5outh Colony B[vd. Interchange Phase 2 The Colony, Texas Srlhedule: Approx, March 1, 2015 to Approx. Oct. 31, 2015 ttern FsUiated' Unit Estimated N Descriptkon Untt Quantity Prica Amount As haltic Congete Pavement (cont'd A99tl for Biturl Mixtures, Surface ISaMPhng Treatments, and LRA (induced in other tests) 111 TEX-221-17 ea SamplingBituminousWll a rP Vlres (Induded �n other tersts) 112 E Xn .� 2�rg 2dF ea Determlnation of Fil Index 113 TEX-224-F ea I00,00 Indirect Tensile Strength Test (Prol mrx),trnakng a set of 4 specimens and then ndirect tensile tesfing) 114 TEX-226-F ea 150.00 Determining Draindewn Charar-taiistics m Bltumincus Maleaials 115 TEX-335-F ea 10).00 TAsphalt Content from Asphalt Pal Mritures by the lgnituari d Meterrn+ning Cores ction Fac. 'or s)(a set, of 8 samples) 11rMethod TEX-2313-F ea 800,00 Aspnet Content from Asphalt Paving tAxturcs by the Ign;tion Method (production Wxture) 117 TEX-236-F lea 1(17.00 (Lab -Molded ID&T7SRY Of P(OdUCUOr M!XtUr0-5LPorp8V0 Gyralory)(a set of 3 mofidseAth one Gr) Supa7oave Gyratory Comparctiraj of SpecTriens of Bituminous WeLires, (production Mixture) Vilth Density of Compacted Pitumrnous Mixtures, Part I' - Part I - Bulk, with Theoretical Maximum Specrfk; Gravl.y of Ntumilrlous mj>` Ufes i 18 TEX-241-F w[TEX-207-P, Part I, YV TEX-227- F 03 350.00 HRmburg ll,%ll<inlg Test (production mix, molded samples) 119 TEX-242-F ea Thermal Profile of Hot Mix Asphalt 120 Til ea 60"Co Permeability of Water Flow ofirlot Wx Asphalt (TxDOT to provide equipment) 121 TEX-246-F ea 50.00 Flat I m Eloagated ParlicBes 1 22 TEX-2T _X_2 80-F ea 126.00 Effect of Water on &tumincus Paving Mixtures (production riix) 123 TEX-530-C ea 125.00 124 Report Proparafior,/Clierical hr 4 45.00 180,00 _125 Pz'cjeot EngIneer- Review hr 2 135.00 270X Subtotal 4,615,00 Construction Meetings 125 Project Engineer (P.E.) hr 60 115.00 8,10100 127 TransIy.)Ttation rni 1,000 10,65 65000 123 Sr. Field Representative 10 60.00 6103.60 129 Report Prerjafation/Cl&ca9 hr 5 45.0C 225,00 Subtotal = 9,575.00 ............. I Total = 141,052,50 1 LANDTEC ENGINEERS Criorsy Elva Ph'2-Feb,2015 -*Tx:*T.xh, A-5 2)612015