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HomeMy WebLinkAboutResolution No. 2016-007CITY OF THE COLONY, TEXAS RESOLUTION NO. OO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND DUNKIN SIMS STOFFELS, INC. FOR A PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN AND CONSTRUCTION DOCUMENTS FOR DEVELOPMENT OF THE NORTHERN PARK LOOP TRAIL, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A^; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into an agnement such that the Consullant is to provide Professiound Services Agreement for the design and construction documents for development of the Nonthan Part Loop Trail; aM WHEREAS, the City has determined that it is in the best interest of the City to enter into the agreement with Dunkin Sims and Stoffels, Inc., which is a0 ichN hereto and incorporated herein by reference as Exhibit "A," under the tams and mMitions provided therein; out WHEREAS, with this ageemet the City of The Colony is agreeing to pay a sum not to exact 546,880.00 for a Professional Services Contract with Dunkin Sims aM Stoffels, Inc., with funding provided by the Community Development Cory rmist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The sassoment, which is attached and incorporated haeb as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acccptuble end in the best interest of the City ad its citoms, be, and the same is hereby, in all dwrgs approved for a total amount not to exceed $46,880.00, and the City Managr is hereby authorized to ex=it the agreement on behalf of the City of The Colony, Texas, Section2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 2"a day of February. 2016, I Mccoutery, Mayor ity of 71W Colony, Teas C Ac wily City Seaemy AP PROVED AS TO FORM: Tf%AS . 1 Mauve, Ci AUm STATEOFTEXAS Q CnYMTRECoWW TaE g AGREEMENT FOR PROFFSSIONA SERVICES COUNTY OF DENTON g This Agreement for Professional Services ("Apeement") is made by and between the City of The Colony, Texas, a municipal corporation located in Dorton County, Texas ("City'), and DUNKIN SIMS STOFFELS, INC ("Professional") (individually, each a "Party' and collectively, "Pities"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Prokssional as an independent chntractm and out as an employee in accordance with the lerrne and conditions set throb in this Ageesment and WHEREAS. Professional desires to render professional services for City for THE PARK LOOP TRAIL CONNECTION FROM SQUIRES DRIVE TO NORTH COLONY BLVD ("Pmjecf') in erMrd0rnee with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set fhrob herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article 1 Employment of Professional Prof simml will garden as an independent conimctor all services under this Agreement to the prevailing prof ional standards consistent with use level of OM and skill and amily exercised by members of Professional's profession, both public anal private, currently practicing in the same locality under similar extraditions including but not limited to me exercise of reasonable, informed judgments and prompt, timely action. If Prof ioncl is representing this it has special expertise in me or re areas to be utilized in the performance of this Agreement, than Professional agrees to perform muse special expertise services to the appropriate local, regional and national professional standards. Article II Ter 2.1 The tern of this Agreement shall begin on the Jut date of execution hereof by all parties hello (the "Effective Date') and shall continue until completion of the smites provided by Prof siorel to City under this Agreement 2.2 Professional may terminate this Agreement by giving thirty (30) days prior wripor notice to City. In the event of such trnnivtism by Professioul, PmfessimW shall be entitled] to compensation t services satisfactorily committed in accordance with this Agreement prior to the date of such semination. =QEIUL. Tu mesesT-PogcI 2.3 City may w+minate this Agreement by giving ten (10) days prim written notice in Professional. In the event of such termination by City. Prof iortal shill be curdled to mmpensatiov for services satisfactonly completed in accomence with this Agreement firm to the date of such fermi ention. Clam receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into co must for supplies, assistance, facilities or materials in connection with this Agreement and shall proced to promptly cancel all existing mnoatts mossf r as they we related to this Agreement. Article III Sea" of Services 3.1 Professional shall perforin the services spceitically set forth in Exhibit A, attached havens and incorp ymed herein by reference, entitled "Scope of Smices". In case of conflict with the language of Exhibit A and the previsions of this Agreement, the provisions of this Agreement shall mmol. 3.2 The Parties acknowledge and agree that my and all opinions provided by Prof sional represent the best judgment of Professional. 3.3 Schematic Design Documents, Design Development Documents, Contract Documents, Drawings, Plans, Specifications and other documents, including Nose in electronic form, prepared by Professional and its mnsultmts, agents, representatives, and/or employees in connection with the Project ("Pmjecl Documents") arc intended for the use and benefit of City. Professional and its consultants, agents, representatives, and/or employees shall be damned the authors of their respective part of said Project Docum aw. 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, staNtory, and other reserved rights, including copynghts, in and in all such Project Documents, whether in draft form or final form, which are produced at City's request and in fimhaanse of this Agreement or for the Project City shall have full authority to authorize contractor(s), subcontractors, sub-subcontrecton, City consultants, and material in equipment suppliers to reproduce applicable portions of the Project Document as and fm use in their execution of Ne work or for my other purpose. All materials and reports prepued by Professional in connection with this Ag«ment are 'works for hire" and shall be the progeny of City. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination ofthis Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agcanent. and shall provide same in electrmic format if requested by City. Any rause of the Project Documents by the City an any other project not contemplated or included under this Agreement shall be at City's silly risk, without liability no Prof mortal. Article IV Schedule of Work 4.1 RofessiorW ages to mmmmee services upon ""an directim from City and in complete the tasks tar forth in Exhibit A. Scope of Services, in accordance with a wish schedule established by Cky file "Work: Srbedule"), which is mashed hereto and in torponted an a ibit B. - Pas, 2 4.3 In the sent Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time fm the performance of Same as hereinafter provided, orad City shall dcmrmine whether to authorize any increase in fee or parte, 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 woman request upon City for such extension not later Nan five (5) business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed m writing upon the allowance of such additional time. Article x' Compensation and ]Method of gasmen[ 5.1 City shall pay Professional for the services specifically as t forth in Exhibit "A" by payment of a fee trot m exceed $46,880.00. 53 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Eacb invoice shall also state the percentage of work completed on the Project through the end of the Nen submitted billing period, the total of the choent invoice amount, and a miming total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shell mete 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 cows and expetns related to the services provided pursuant to this Agreement including, but rot limited to, navel, copying and facsimile charges, reproduction charges, and telephone, interim, email, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in Ws 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, nm shall failure to withhold payment pursuant to the provisions of this section constitute a weaver 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 perfortnmrce of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of my subsequent default. Arrack 41 Qcorkn of Time. Persorawl, and Epulomem 6.1 ProfssimW shall devote such time as reassembly memsery for the satisfactory, performance of the sevtcs under this Agreement. City res es the right to revise or expand the stype of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services in mutually agreed upon charges or Was, and within the time schedule prawnbM by City, and without decreasing the effectiveness of the performance of services nquired under this Agrmnmt. In any event, when Professional is directed to icose or expand the scope of sen ices under this Agreement, Professional shall provide City a wrinen proposal fm the mtirc costs involved in performing such additional services. Priorto Professional mdataking any nevi. J or expanded sen a% directed by City under this Agreement, City mets[ autholze in writing the nature and scope of the sconces and accept the method and amomn afcompmeation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that my compensation not specified in this Agreement may require approval by the City Council of the City of The Colony said maybe subject to concert budget year limitations. 6.3 To the extent reasonably necessary for Profeasional in perform the services under this Agreement, Professional shall be authorized to engage the services of my agents, assistants, persons, m corporations that Professional may dean proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and ueie[ance 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 otlsewise provided herein. Article VII Relationship of Partin 7.1 It is understood and agreed by and between the Parties that in sanafying the conditions and reyuiremmts of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to my third party in mmMion with the smites provided by Rofessioml under this Agreement. All services be be performed by Prof ioW pursuant to this Agreement shall be in the capacity of an independent connector, and not as an agent, servant, representative, or employee of City. Profimal shall supervise the pafomunce of its service and shall be entitled to control the mama, mems eM methods by which Profion al's mics are to be performed, mbjent to the tams of this AWm mt. As such, Cityshall test vein Profasioml, require Profiaml to complete regular oral or written reasons, require Prof ioul to devote his fall -time services to City, or theism Profioul's sequence of work or location at which Professional peform; Professional's work, except as may be ser forth in Exhibit A. 7.2 Professional shall be responsible for the professional quality, technical accuracy, end the coordination of all designs, drawings, specifications, plop, and other services; furnished by 1'mfess fixed under this Agent. Rofimral shall, without additional compwsation, correct or revise my mors or deficiencies in the Pmject Dxummn and other swim provided under this Agreement. Neither City's review, approval, nor acceptance of, nor payment for my of, the sconces provided undo this Agreement, shall be construed to operate ss a waiver of my rights coda this Agreement, and Professional shall be and cousin liable to City in accordance with Cm QF nn Coma.. rrcz_P._....v A I I _Pµ« applicable law for all damages to City caused by Professimol'snegligent performance of my of the settees famished under this Agreement. Article VIII Ind 8.1 Before commencing work, Professional shall, at its own expanse, pms:ara, pay fm and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas end acceptable to City. Profesiotul shall furnish to the City Manage certificates of insurance executd by the winner or its authmiond agent suing coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the pojed/conhad number and be addressed as follows: City of The Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limitd to Premisea�Operations, Personal R 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 gmerel 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. SI0T000 each accident, and 2) by disease, 11I00,000 per employer with a par policy aggregate of $500,000. C. Bromes Automobile Liability insurance covering owned, hired and am. owned vehicles, with a minimum combined bodily injury ad property damage limit of $1.000.000 per accwence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged in employed by the Profesionad beemne legally obligated to pay as damages ansing out of the perfomtance of professional services caused by error, omission or negligent ad with minimum limits of $2,000,000 per claim, $2,000,000 mmuel emergence. NOTE -if the insurance is wattet on a claims-mde farm, coverage "I be tormentors; (by renewal or exteded reporting pend) for trot less then thirty-six (36) months following compldm oftbis Agreement and acceprance by City. 8.2 With reference m the foregoing required insurance, Professional shall endorse applicable insurance policies as follows nw or ra. coma.. m.: tmrssmc.. sra.xv,w.a.. err - PW 5 A. A waiver of subrogation in favor of City, its officials, employees, and officers; shill be mmafned in the Workers' Compensation inswwe policy. B. The City, its officials. employees and officers shell be named as additional insureds on the Commercial General Liability policy, by wing endorsement CG2026 or broiler. C. All insurance: policies shall be edorsrl to the effect that City will receive at lean flirty (30) days notice prior to cancellation, non -renewal, termination, or material changeofthepolicies. 8.3 All imsur ence shall be purchased from an insurance company that mats 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 Prof Tonal agrees that City shall have access to and the right to examine any directly ferment honks, 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 nxessey Professional facilities and shall be provided adequate and appropriate work Tam in order to conduct audits in compliance with the provisions of this session. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontinent), if my, a provision that my subcontractor agrees that City shall have access to and the right to examine my directly p orment books, documents, papers and records of such subcontractor involving ttwmtiow related to the subcontract, and further, that City shell 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 my such subcontractor reasonable advance ounce of intended audits. 717717r?T'W" 10.1 Entire Ave®ant. This Agreement and my and all Exhibits attached hereto mnsi mtes the sole and only agreement bctweeo the protons and supersedes my prior or cenfemporaoeow udastmtdings, written agreements or oral agreements between the Parties with respect to the subdas muter of this Agreement. 10.2 Autlwrirmm. P ch Peng repr u that it has full mpanty and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Profewimtal may not assign this Agreement in whole or in part without the from written consent of City. In the event of an assignment by Professional m which [aT'amio'r;awt3.F.i�'P.ffiidtld+at!lsl@_II] the City has committed, the assignee shall agree in writing with the City to personally assume, pert , and be bound by all the covenants and obligations imanind in this Agreement. 10.4 Successors and Assims. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure m the benefit of the Parties and their respttove heirs, executors, adminrsbff , legal rexesentatives, successors and assign. 10.5 Goveminu Law and Exclusive Venue. The laws of the State of Texas shall govern this Ageement, and exclusive venue for my legal action concerning this Agreement shall be in a Dianna Court with eppropnatejmidiction in Denton County, Texas. The Perrin agree to submit to the personal and subject muff jurisdiction of said mart. 10.6 Amendments. This Agreement may be amended only by the mutual women agoor entofthe Parties. 10.7 Severability. In the event my one or more of the provisions contained in this Agreement shill fm my reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or a afarceability shall not affect my other provision in this Agreement, and this Agreement shall be construct as if such invalid, illegal, or mwnforcable provision had never barn m muted in this Agernan. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, veants, and obligafims ofthe Parties, as well m my ngbts and benefits of the Parties, pMty ng to a pend of time following the termination of this Agreement shall survive termination, including, but rot limited to. Section 3.3, Article X, and, in particular, Sections 10.13 ad 10.14. 10.9 Redials. The neitds to this Agreement are incorporated] herein. 10.10 No=. Any notice miluird or permimed to be delivered hereunder may he sent by first clan mail, overnight courier or by conformed telefax or facsimile to the address spaified below, or no such aha Party re address as either Perry may designate in writing, and shall he doemd received three (3) days after delivery sal forth herein: If intended for City: With Com, to: Troy C. Powell Pam Nelson City Manager Community Services Diramr City of The Colony City of The Colony 6800 Main Street 5151 N. Colony The Colony, Teem 75056 The Colony, Texas 75056 Ifimeddfm Prof ioal: Bob Stolfels, RLA Durkin Sims Stoffels, Inc 622 West State Strect Gmlardjetes 75010 10.11 Commnans, This Agrmnent may be executed by the Panics hereto in sultanate counterpoint. 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 las than ell, but together signed by all of, the Parties hereto. 10.12 Exhibit The exhibits attaclwd hereto are incorporated herein and made a pan hereof for all purposes. 10.13 Professional's Liab'Tty. Acceptance of the Project Documents by City shall not constitute am be deerned a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors fin the accuracy and competency of their designs, working drawings, specifications or other documents and work; nm shall such acceptance be deemed an assumption of responsibility, by City for any defect in the Project Documents or other documents and work papered by Professional, its employees, associates, agmts or sub-cottmltants. 10.14 Indmmifiatim. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLADHS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEY'S FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT By OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN g 311.904 OF THE TEXAS LOCAL GOVERNMENT CODE AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OFTFUS AGREEMENT 10.15 Conlicn of Interests. Professional represents; that no official or employm of City has my direct or iMirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds far recovery of my loss, cost, expense or damage incorrect by City as a result of such misrepresentation. [ZiiPtTNIR1IS'B .. _ 10, 16 Defeuh. If n any fime during the term of this Agrenvmt, Professional shell fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely end raefld manner and in atria accordance with the provisions of this Agreement or fail to use an adequate number or quality of penmmel to complete the services or f1 to perform any of Prefeemeal's obligations under this Agreement, then City shall have the right, if Professional shall net cure my such default after thirty (30) days written notice thereof, to terminate this Agreement Any such an by City shall not be deemed a waiver of my other right or remedy of City. If after exercising any such remedy due to Profeasioni ttonperfor ance under this Agreement, Ne cast to City to complete the services to he performed under this Agreement is in excess of that part of the eovmn sum which as not theretofore been paid to Prof ional hereunder, Pmfessiunal shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Informal on. Professional hereby acknowledges am agrees that its representatives may have setas tom oNmrise receive information during the fuNonsime of Professional's obligations in acemdmce with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat my such information receival in full confidence and will not disclose or appropriate such Confidential Information for Professional's con use or the use of my cord parry at my time during or subsequent b this Agrteman. As used herein, "Confidenual Information" means all oral and written inframafion concerning the City, its affiliates and subsidiaries, and all oral and written infotrmtim concerning City or its aclivifies, that is of a non-public, propdemy 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 doaments, whether prepared by ProfeuiorW in others, which contain or otherwise reFlat such information. The turn "Confidential Infomation'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 applicablelow. 10.18 Retnedies. No right in remedy granted or saved to the Paries is exclusive of my other right or remedy herein by law or equity provided or permitted; but curb right or remedy shall he 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 Part shall not corutitme a waiver of my covenant or condition to be performed pursuant to this Agrament. 10.19 No Third Punylleneficierv. For purposes of this Agreement, including the intended operation and effect of this Agreement, Ne Ponies specifically agree and contract had: (1) this Agreement only effects matters between Ne Paries to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect my mid person or entity rwtwiNatundivg the fact that such third person in maty may be m contraatul relationship with City or Professional or both; and (2) the hems of this Agreement arc 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 20 /W Cityalucevny,Tanums By: G 1 gm city soon„y EXECUTED this Z dayor_ FCbra __. 20 L(&. Exhibit 'A' SCOPEOFSERVICES Park Loop Trail Connection —Squires Drive to North Colony Blvd. The Colony, Texas Existing ConditioosBase Map On-site surveys of the aforementioned trail segments will be prepared by a Registered Public lard Surveyor, as a subsidiary service within this project scope. Theu survays will delineate the devotional and spatial positian of the existing conditions and topographic contours. Upon receipt of the above outlined information DSS will prepare • bsse map t use in the development of the design and construction documents for Ne previouslydelineated portions of the Park Loop Trail. Schematic Design DSS will prepare a schematic plans) illustrating the alignment of the senoras of the Northern Park Loop Trail as discussed with the Client. The schematic design for the Northern Pink Loop Trail will illustrate alignment altenmtives within the Atmos Energy right-of-way, and the western connection to Squires Drive via Vaden Sued. The schematic designls) will be presented to este Client for review and comment. Pinnal Design DSS will incorporate Client comments and father develop the schematic design or combination of designs. The resulting final Northern Park Loop Trail design old opinion of probable cost will be presented to the Client for review and comments. The final design will be refined and Client comments will be incorporated as feasible within the professional standard of practice. Design Development Phase DSS will begin preparation of the construction dodanems by fuller armlyring the Nothem Park Loop Trail alignment and proposing refined design recommendations and solutions for additional review and comment by the Client. Thedetailedopinionofpsebablewrtwillbe revised to hall design development modifications. Cooetnetloh Documtpb and Specifications Construction documents and specifications will be prepared for the construction ofthe Nothem Park Loop Trail. The construction plans and specifications shall be submitted for review. Following review, the construction documents shall be refined to address any comments and concema mind by the Client A final opinion of probable now will be prepared for submission with the construction documents. Bidding Po.ae DSS will perform the following services relative to project bidding: • Dist buw the plans and spceifiatium w potential bidden mweringbidders' qumore and interpreting the drawing during the bid phau. • Prepare addenda. as necessary, to moment all clarify the bidding docwtenus • Issue addenda to all plan holdersofrecord. • Assist the Client in receiving bids. • Tabulation ofthe bids and make recommendations tothe Oient regarding the bids and bidders. Construction Observation The Consultant will peffonn the following professional services during construction of the fanilitix: is Commit and Provide advice. • Preparation of elemenmry and supplementary sketches required to resolve field conditions. • Approval of submittals ant shop drawings submitted by the Contractor for conformance with the design concept. • The Consultant shill make periodic site visits fbi-weekly, minimum) to determine if the Mjem is proceeding in accordance with the contract documents. This "I not involve exhaustive or continuous on-site inspections to check the quality or quantity of work or materials. DSS shall not be responsible or liable for the Contractors failure to perform The construction work in accmdance with the contact documents. DSS has included twelve (12) site visits within our project snipe: based upon an anticipated concoction length of 5 an 6 months. • Review all certificates for payment submitted by the Contractor and make appropriate recommatdations for approval of pay requests. • C ull with The Client regarding change order itens. • Provide punch list of incomplete and incorrect items for the Contractor to complete the project. Exbibit`B• Basis of Compensation Park Loop Trail Connection - Squires Drive to North Colony Blvd. The Colony. Texas 1. Compensation Professional Desi® Services Existing Conditions / Base Map S 850.0 Schematic Design S 1,700.00 Final Design $ 1,070.00 Design Development S 070.00 Construction Documents&Specifications S12,880A0 Bidding S 2,170.W Construction Observation $ 7.050.W Professlonal Services Total: $27,130.00 Reimbursable Expertes Budgetary Amount S4,2510.00 Subsidiary Services Site Topography Survey $12,500.00 Geotechnical Report $3,000 Subsidiary Services Total:IS 5,500.00 GRAND TOTAL -Professional Design Services, Reimbursable Expenses and Subsidiary StrNms: NOT TO EXCEED 546,880.00 11. Timeline l Schedule General Time Line These time flames do include some time for City review. Topographic Survey - 4 t 6 weeks Commitment Study - 3 t 4 weeks Existing ConditioWBase Map - Ito 2 weeks Schematic Design - 2 to 3 weeks Final Design - I to 2 weeks Design Development - 2 to 3 weeks Construction Dorm e s & Specifiessumvs - 5 to 6 weeks Meetings with CDC & City Council - 2 to 3 weeks Bidding Phase - 5 m 6 weeks Construction Observation (Construction) - 21 to 27 weeks •� Run Concurrently �� Includes Council Approval of Contract