HomeMy WebLinkAboutResolution No. 2016-008CITY OFTHE COLONY, TEXAS
RESOLUTION NO. 24116OO4
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
BALFF ASSOCIATES, INC. FOR THE DEVELOPMENT OF A
CTTYWIDE HHS AND BIKE TRAILS MASTER PLAN AS PART OF
THE CITY'S PARK AND RECREATION FACILITIES AS DESCRIBED
AND ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, That the City Council of the City of The Colony, Texas, hereby approves
the Professional Services Agreement made by and between the City of The Colony, Texas and
He1R Associates, Inc., for the development of citywide hike and bike bails master plan.
WHEREAS, the City bas determined that the professional shall perform the services
specifically set forth in "Exhibit A". In case of conflict with the language of "Exbibit A", and the
provisions of this agreanmt, the provisions of this agreement shall control; and
WHEREAS, the City has determined that the professional agnea to commence services
upon written direction from the City and to complete the mks set forth in "Exhibit A", Scope of
Services, in accordance with a work schedule establishM by City, which is attached hereto and
incorporated as "Exhibit B"; and
WHEREAS, the City shall pay the professional for services specifically set forth in
"Exhibit A" bypayment of a nmt to exceed fm of $]9,500.00.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THAT:
Section 1., That all provision sus of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this remission be, act the same are hereby, repealed,
and all other provisions not in mnflict with the provisions of this remlutlon shall remain in full
force and Mat.
Section 22. That this Resolution shall take effect immediately from act after its adoption
and it is so resolved.
PASSED, APPROVED sed EFFECTIVE this 2ie dry of February, 2016.
G
1 McCannry, Mayor
City of Co y, Teas
YY MI—I
Christie Wils C ly S=vt ry,
APPROVED AS TO FORM:
TEXPS
Je Moore, Avomey
SFATEOF TEAS 9 Crry oPTxs: COLom',TexAs
q AGREEMENT FOR PROMMONAL SERV6&9
COIIN'1'Y OF DENTON y
This Agreement for Professional Services (-Agreement') is made by and between the City
Of The ColOny, Texas, a mm ipal corporation IocalM in Denton County, Texas ('City'), and
Ha if Associates. Ire. (" PmfcssiooO (individually, each a -Puny" and collectively, -Parties-),
acting by and through the Panies' authorized representatives.
Rabi
WHEREAS. City desires to engage the services of Professioml as an independent
conuactor and not as an employer in accmdana with the arms and condiumm set both in Wit
Agmari and
WHEREAS, Professional desires to render professional Services for City for CITYWOE
TRAIL MASTER PLAN (" Pmject) in accordance with the terms and conditions set fond in this
Agreement.
NOW, THEREFORE, in exchange for the mutual covenams tit fond herein and other
valuable consideration. the sufficiency and receipt of which is hereby acknowledged, the Panics
agree as follows:
Amick I
Employment of Frafmbt W
Prol . morel will perform as an independent conOacmr all services under this Agreement to
the prevailing profemiunal son consistent with the level of care and skill odinanly exercised
by members of Professiond's profession, both public and private, currently practicing in the same
locality under similar conditions including but not limited in the exercise of reasonable, informed
judgments and prompt timely action. If Professimmi is representing this it has, special expertise m
one or mom areas to be utilized in the performance of this Agreement. Nen Professional cores to
perform thou special expertise smies to the appropriate leal, regional and taional professional
standards.
Ankle H
Te m
2.1 The tern of this Agreement shall begin on the last date of execution bercoi by ell
parties hereto (the"EffectiveDate') Rod shall continue until completion ofthe services provided by
Professional to City under this Agreement.
2.2 Professional may terminate this Agreement by giving thirty (30) days poor written
notice to City. In the event of such termination by professimml, professiotW shall be entitled to
compensation for servies satisfactorily completed in accordmce with this Agreement prior n the
date Of such nomination.
2.3 City may temdnate this Agreement by giving len (10) days prior written notice to
Professional. In the event of such terminstion by City. Professional shall be entitled it,
confirmation for services satisfactorily completed in accordance with this Agreement prior to the
date of such Irradiation. Upon thrift of such notice from City. Professional stall immediately
temdr a worlring on, placing orders or entering into contracts for supplies. assistance, facilities of
materials in connection with this Agreement and shall proceed to promptly cancel all existing
consumer insofar as they art related to this Agreement.
Anile 1fl
Seme of Servit
3.1 Professional slut] perform the services specifically set lbrh in Exhibit A, atmchai
hereto and incorporated herein by reference, entitled'Seope of Services'. In case of conflict with
We language of Exhibit A and the provisions of this Agreement, dec provisions of this Agreement
shall control.
3.3 The Patties acknowledge and agree drat any arta all opiuwns prevailed by
Roliesloal represent flue best judgments of Pmfessloal.
3.3 Schematic Design Documents, Design Development recommits, Contract
Uocumat, Drawings, Plans, Specifications and other documents, including those in electronic
form. preparW by Professional and its consultants, agents, representatives, nodose employees in
connection with the Project ("Project Documents") are intended for she use and benefit of City.
Professional and its consultants, agents, representatives, author employees shall h decided the
authors of their respective part of said Project Documents. Notwithstanding she foregoing, City
shall own, have, keep atM rerun all rights, title and interest in and to all Project Documents.
including all ownership, common law. nalutory. =it other reserved right., including copyrights, m
nand to all such Project Donnrcnts, whnher in draft form or final forth, which are prom a nil in
City's request and in funhmnre of Nis Agnamem orfm the Project. Cits shall have full authority
to amhorixe contmetorfs), Arbtottlacsors, aubsubcovnectoq City consultants, and material o
equipment .suppliers to reproduce applicable portions of dw Project Documents to ad for use in
chair execution of the work or for any other purpose. Ali materials and repnns 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. repots, and
exhibits prepared by Professional pursuant to this Agreement, and shall provide same in eloctrottic
format if reguesled by City. Any re use of the Project Documents by the City on my older project
not contemplated or included under this Agreement shill be r the City's sole risk, wiUmm liability
to professional. Notwithstanding any language to We coonmy Pmfessioal hes, shall have, and
shall continue to have all rights and my leges related to the use of the information common in the
Prejen Documents . City understands and agrees that We Project Documents con tun iNomation.
details and other dam of value ("technical data) that are m We core of Professional's business and
Want any perceived vansfer of such technical dam would adversely limit, affect and impact
Pmfessiaal's interests and, in order to avoid unduly affecting, impacting and limiting
Professional's business. Professional shall identify such technical dam to City, when necessary.
Article IV
Schedule of Work
4.1 Professional agrees to coodenence services upon written direction firm City and 10
complete the tasks set forth in Exhibit A, Scope of Servicea in amordence with a work schedule
established by City (doe "Wok Schedule 1, which is anached hereto end unemotional as Exhibit e.
4.2 In the event liofeSdonel's Performance of this Agreement is delayed or interfered
with by ecu of City or viruses. Pmfessimnl may mltsen an extension of Use fm the performance of
same Is bereimfia provided, and City shall dnemdne whether to simonize my 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 "tension of time, for my cause whatsoever, shall be claimed
or made by Professional, unless Professional .shall have made written request upon City for such
exunsion tut lacer than five (5) business days aper Professional has actual ktwwledge of the
occurrence of the cause seting as the basis for such extension request, and mless City and
Professional have agreed in writing upon the allowance of such additional time.
Article V
Conn a mtlun and Method of Payment
5.1 City shall pay Professional for the services specifically asset foal in Exhibit A by
payment of a not to exceed fee of $19,300.0.
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice .shall alm muse due percentage of work completed on the
Project through the am of the then submitted billing period, the tonal of the current invoice maxim.
and a marring tonal balance for the P gci to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shot make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitral.
5.4 Professional shell be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to Otis Agreement including, but not lideited to, navel,
copying and fmaimile charges. reproduction charges. and clephone, intemet, a -mol, and postage
charges, except as set foal in ExMbit A.
55 Nothing contained in this Agreement shall require City to pay for my services that is
nsatisfacrory as deumamd by City or which is no performed in compliance with the codes of this
Agreement. nm shall farm ro withhold payment pursuant to the provisions of this section
constitute a waver of any night, at law or in Nutty. which City may have if Professional is in
default, including the right or bring legal nation for damages or for specific performance of this
Agreement. Waiver of any default under this Agmument shall not be deemed a woven of my
subsequent default.
Article VI
Wvolion of Time Personnel and P t
6.1 Professional shall devote such time as reasonably necessary for the utsfacrory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of Services afer due approval by City as City may deem nese. vuy, hot in such event City
Shall gay Professional compensation for such services at mutually agreed upon charges or rates, and
wage the time .Schedule prescribed by City, and without decreasing the effectveress of the
performance of services acquired under this Agreement. In any event, when Professional is
directed to revise or expand the .mane of San ices under this Agreement, Professional shall provide
City a written proposal for the entire crisis involved in perfomai g such additorW services. Prior to
Professional undertaking any revised or expanded Services as directed by City miler this
Agreement. City must arida ria in writing the nature had scope of Na services aM accept the
method and amount of compensation and the time involved N all phases of the Roject.
6.2 It is expressly understood and agreed to by Professional that any compensation nee
specified in this Agreement may require approval by the City Council of the City of The Colony
and may he subject m cntrent budget year limitation.
6.3 To the extent reasonably treassary for Professional to perfnn Ne services under
this Agreement. Professional shall be suthpized to engage the Services of my agents, asshomm.
persons, or corporations that Profewoml may dam proper m aid or assist in the performance of
Ne services under this Agreement. The cost of ,such personnel and assistance droll he bmne
exclusively by Professional.
6.4 Professional shall famish the f e lifies. equipment. mlephones, facsimile machines,
email facilites. and perswncl necessary to perform the services required under Nis Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
].1 It is undemsnd and agreed by and between the Proles that in satisfying the
conditions and requirements of this Agreement. Professional is acting us an independent contmeton
and City assumes no responsibility or liability to my third pony in connection with the services
provided by Professional rather Nis Agreement. All services In ed performed by Professional
guarantor to Nis Agreement shall M in the capacity of an independent contractor. and not as an
agent, servant, representative, of employee of City. Professional all supervise the lawfommnce of
its services and shall be entitled to control the mamwr, mems and methods by which prof endorel's
servims are to be performed, subject to the tams of Nis Agreement. As such. City shall tar rain
Professional. require Pmfssihaul to compdme regular hand or warrant repms, require Professional
to devote his full-time services N City, m dianm Professional's sequence of work or location at
which Pmressional performs Professional's work, except as may he sea forth in Exhibit A.
7.2 Professional shall be responsible four the professional quality, technical accuracy, and
his coordination of all designs, drawings. specifications, plms, sed oder services famished by
Professional under Nis Agreement. professional and. without additional wmpenmtion, correct or
rivise any errnn or defidenciex in the Projdd Documents and other services provided under Ms
Agreement. Neither City's review, approval, nor acceptance of, Our payment for any of, tan
services provided under Nis Agreement, shall he consumed to eliminate as a waiver of my rights
under this Agreemen4 and professional shall be and remain liable to City in accordarce with
applimble law for all damages to City caused by prof ional'a negligem procuration, ofany of the
services famished under this Agemnent.
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 shire of Texas and acceptable to City. prafee Brand shall famish W the City
Manager certificates of insurance executed by rhe insurer or its aurhosized agent seting coverages.
limits. expiration notes and compliance with all applicable regv'ved provisions. Certificates stall
reference the projecticontact number am he addressed as follows:
City of The Colony, Texas
Attention: City Mareger
6800 Main Street
The Colony, Texas 75056
A. Commercial General Liability insurance including, but not limited to
pmmise.4Operadons personal & Advertising Injury. Products/Completed Operations.
Independent Contractors and Contractual Liability, with minimum combined single limits
Of $LIgp,000 per occurrerim $1.01)(1,1100 PmdumsrCompleted Operations Aggregate, and
M.o00.000 genial aggregate. Coverage must he written on an occurrence form. The
Genanl Aggregate shall apply on a per project basis.
B. Workers Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits fur bodily injury: 1) by accident, SIM," each
accident, and 2) by disease. $Io0.0(g) per employee with aper policy aggregate of
$500.".
C, Business Automobile Liability insurance covering owned, hired sod non.
tuned vehicles, with a minimum combined bodily injury and property damage limit of
$I,WI1.1g111 per occurrence.
D. Professional liability Insurance m Provide coverage against my claim which
the Professional and all professionals engaged in employed by the professional become
legally obligated to pay as damages arising out of the perfomance of professional services
caused by We negligent error, omission or act with minimum limits of $2.",Bnn per claim,
83.000.000 annual aggtegzte.
NOTE: If the insurance is written on a cls-made have, coverage all M continuous (by
riciewai of extended reporting period) for not less than thirty-sin (36) months
following completion of Bus Agreement and acceptance by City.
8.2 With ref ace w the foregoing required insurance, Professioml shall endorse
applicable insurance policies as follows:
A. A waiver of auscultation in favor of City, its officials, employees, and
Officers shall be comairred in the Workers• Compensation insurance policy.
B. The City, its officials, employees and officers shall he named as additional
ireurends on the Commercial General LiabJity policy, by using endorsement CGXW or
broader.
C. All iaeaadrce policies shall be endowed to the effect Wt City win receive at
least " (30) days nice prior to ranceBatiom non renewal, termination, or wterial
change of use policies.
8.3 AB Insurance shall be purchased from an insurance company that meets a financial
rating of BaVI or haler as assigned by A.M. Bear Company or equivalent.
Article IX
Wahl to lnsoect Records
9.1 professional agree, that City shall have access
s to and the right m e any
directly pertine t hooks, document,. putters and r order ofProfcvsional Oinking ti-ansaetions
relating m this Agreement. Professional agree. that City shall have asses during needed working
hours to all neccNsary Professional facilities and shall bet provided adequate and appropriate work
spats in order to conduct audits in compliance with the prove ons of this seniors. City shall give
Professional rewsmable advance nice of intended audits.
9.2 Professional father agrees to include in suncontmcg0, if any, a provision read any
subcontractor agrees Nal City shall have access to and the right to examine any directly National
books, documents, papers and records of xuuh subcontractor Involving transactions related to the
subcontract and further, that City .shall have access during mored working hogs 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
eubconpaelor reasonable advance tmutt of intended audits.
Amide X
Miscellaneous
VIA Entire Alinement, This Agreement and any and all Exhibits attached hereto
consulates the sole and only agreement between the Paniee and supersedes any prior or
contemporaneous understandings, written agreements or oral agreements between the Ponies with
respect to the subject maned of this Agreement.
10.2 Authorization. Each Party represents that it hex full capacity and atb n ry to grant
all rights and assume all obligations granted and assumed under this Agreement.
IOJ g. Profesional may not assign this Agreement in whole or in put
without dte prior "lien consent of City. In the event of an assignment by Professional to which
the City has contned, the a.oigWe shall agree in writing with the City to possessedly asame,
passions. and be bound by all the covmamm and obligations contained in this Agteemnnt.
10.4 Successors and Aoinne. Subject in the provisions regarding assignment, this
Agreement shall be binding on andnumto the benefit d the Parties and their respective heirs,
executors, Am Mstmtors. legal representatives, successors and assigns.
111.5 Crovarmng Law •d Exclusive Verne. no laws of the Some of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agramaint shall b in a
Distinct Court with appropriate jurisdiction in Denton County. Texas. The Pasties agree to submit
to the persoval and subject natter junsdicuon of said cortin.
10.6 Amendments. This Agreement may be amended only by Ne mutual written
agreement of the Parties.
10.7 gg-b'1'ty. In the even) my one or ore of the provlNnnv contained In this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in my respect by a
mart of competent jurisdiction, such invalidity, illegahry, or unenfoa®bility, shall not affect my
other provision in this Agreement, and this Agreement shall be conned 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, commands, and
obligations of the Parties. as well as my rights and benefits of the Parties, pertaining to a period of
doe following the termination of this Agreement shall survive nomination. including, but not
limited to. section 3.3. Amcle X. and, in laminator, Section 10.13 and 10.14.
10.9 Recasts. The recitals to this Agreement are incorporeta herein.
10.10 Noun . Any notice required or pem fitted is be delivered hereunder may be ant by
fust class mail, oversight coon or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Pmry may designate in writing• and shall U
deemed meeived three (3) days after delivery set fond Write:
If intended for Otos:
With Caner m:
City Manger -
Community Services Director
City of The colony
City of Ube Colony
figUO Main Seat
5151 N. Colony
The Colony, Texas 75056
The Colony, Texas 7506
U inreMed for Protea onul:
HaIU Associates, Inc,
Attu: Lenny Hughes
IMI N. Bowser Road
Richardwn, TX 75M 1-2275
10.11 Coundemistim 1Tis Agmenem may be executed by Ole Furies bmew in separate
cauntuputs, urE of which when so executed and delivered shill be deemed an original, bur all
such counterparts; shall together constitute oae sed the same inswment. Foch coonanpan may
consist Of ally number of copies hertof each signed by less than all, but together signed by all of.
Use Paries herem.
10.12 Ems. The exhibits eouhed hereto arc incorporated herein atm made a pan
hereof for all purposes.
10.13 Professional's Liability Accepmnce of the Project Documents by City shall not
constitute nor bed«off a mlease of the responsibility and liability of Professional, it%enlploym.
associates. agents m subsnouacmn for the accuracy and competency of their designs, working
dmwirip, apecifica ryes or other documents and work: nor .hall such acceptance be deemed an
assumption of responsibility by City for any defect in Ne PmjW Documents or Other documents
and work prepared by Professimul, its employees, associates, agents or sub-eonsullams.
10.16 htletrudfirafon 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 PROFESSIONAI. ITS OFFICERS, DIXEf.MRS, SERVANTS, AGENTS,
EMPLOYEES, REPRESENTATNFS, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH
LIABIRM. 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 C ,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 p 271.SM OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION Or THIS
AGREEMENT
10.15 Conflicts of Interest. Professional represents WI an official in employee of City
has any direct or indirect pecumary interest in Us Agreement. Any misrepresoatis by
Professional under Nis section shall be grounds far nomination of Nis Agreement and stall be
grounds for ancroverY of any los.. mal. Meme or daontge marred by City as a result of such
mmsreprescnution.
10.16 De�L. Rat any time during the arm of this Agreement, Professimid shall fail to
commenm 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 in perform any of Prof shmal's obligations under this Agreement. then City
shall have the right, if Professional shall not care any such default after thirty (30) days written
notice themof, to terminate this Agreement. Any such act by City shall nm be deemed a waiver of
any other right or remedy of City. If after exercising any such remedy due to Prof sisal's
ronperfwnunce order this Agreement, the cost in City to complete the servitts to be prrfonnrd
under this Agreement is in excess of that pan of the contract sum which as rot thereafote been
paid to Professional hereunder, Professional shall be liable for and .shall reimburse City for such
excess costs.
10.17 Cordlden dial Infsnation. 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, eon -
public or proprietary nature. Professional shall mem any such information received in full
confidence and will not disclose or appropriate such Confaleenial Information for Professional's
own use or the use Of any must party at any time during or subsequent o this Agreement. As used
herein.'Confidential Irradiation" mons all oral and written information concerning the City, its
affiliates send subsidiaries, and all sal and written information concurring City or its activities, that
s of a non-public, proprietary or confidential assume including. without limlmtion, incrustation
attracting 10 container lists, services. methods, processes and operating procedures, together with
all analyses, compihtions, stories 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 in becomes generally available to the public other than as a roup
of disclosure to Professional or is required to m disclosed by a governmmenud authority under
applicable law.
M.18 Earache No right or remedy granted or recurved to rhe Paries is exclusive of
any other right or remedy herein by law or equity providal in permitted: but each right or remedy
shall be cumulative of every other right or remedy given bereseder. No covenmel or mnNfion of
Us Agreement may be waived without written consent of the Parties. PvNesrs nee ar indulgence
by either Party shall out constitute a waiver of any mvermat or condition to be performed pursuant
to Us Agreement.
10.19 NonirdlPartirReneficiarv, For peroses of reds Agreement, including she
intended operetion and effect of Nis Agreement, the Parties specifically agree and contract that:(1)
Us Agreement only affects matters between the Parties to Nis Agreement, and is in no way
intended by the Patties to benefit or otherwise affect my third Noma or entity notwithstanding the
fact that uch third person or entity may be in contractual relationship with City or Professional or
both: and (2) the terns of Wit Agreement are not intended to release, either by connotes or attention
of law, tiny Old person or entity from obligations owing by them to either City or Pmfcasiorul.
EXECUTED Nis dayofe�a 2014
City of Calory. Tmn
A VvuLA�/).
City Smeary
E%ECUTEDWis 26 dayof '�CiaYuRK ZD,p
Pnof�oul
BY s.
Name:
Title:
VVVVOLWTwy4
3 p5......... W, Anent:
?y4;: OPyO�ff
vii a°� - Corpmace Seri
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100
p1e�r
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HALFF
IiGyrOw1 TaC6,
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EXHIBIT'A'
SCOPEOF WORK
CITYWIDE TRAILS MASTER PLAN
CITY OF THE COLONY, TEXAS
A Intaadectloe
The scope of work shown in this work plan Is basad an Me description M dissident services for
Me City of The Colony for the development of a C6ywHe Hike and Bike Trails Mash Plan.
The stype of work covers all potions of The Coral currently wiMln Me current city limits. as
well as linking adjacent arty trail dans and connote
The scope of work wnauts of two general work IXrases, with annual indivieual tasks under
each
PHASE I - Invenrory 6 ArMtyslt
1 Project elliafon
2 Base Mapping Preparation
3. Inventory of Key Destinations, poll Wes, connections
t0 schools, parte, el
4. Demographic Analysis City Growth Pi Review
5. Review Previous Studies and Plans
6. Create Goals and Objechwas for Trail Plan
T. Develop Trail Standards for the Trails Plan
8. Park Board Workshop
9. Opponuntes and Constraints Map
PHASE It -Tolle Matfar %an
1. Develop Creena
2. Fiend Review of Potential new trail corridors
3. Prepare Estimate of Probable Cost
4. Pndritlze Key Gemini
5. Prepare Trails Maser Plan
6. Trails Implementation Plan
7. Repon Preparation and Final Approval
8. Repan Original and Pool -. y, �� S
B. Scope of Work
1.00 PNASEI- INVENTORY&ANALYSIS
Tae Colony Cltywida Trails all Plan pi f
Exhibit A'- Scop, of Work Lowry 5. W16
Had Associates Inc. 100015-9791
The lolbweri dements will be used In developing an assessment of Ne trails needs for The
Colony.
1.01 PROJECT INITIATION MEETING
HALFF staff will arrange a meting In The Colony with appropriate cry are This
meeting wind accomplish several preplanning corecdvea
• Orenfati0n. The City of The Colony and the primary team leaders of Hadi
Associaas will became familiar with 01e project team structure and
organization and arrive at a complete understanding of the robs add
responsumilrles of all project pedicpanls.
• Schedule. The project shed re will be refined and mutually agreed upon.
• Information exchange. At this mexEng we will discuss all documentation
needs of HALFF. This will give fine Cry an opportunity to provide information
or to provide HALFF guidance in the secuMg of information not readily
available at the time of the meeting.
• Identify planning sectors. The city will be reversed into panning experts
Eased on available demographic infomraion add previous atywdt planning
efforts.
Product -Initial meeting with Cry of Us Colony dao, m ndi notes
Items Provided! by City of The Cold" - Recommend aaI to attend, atletd rceotirg,
provide data as required to begin panning process.
1.02 PREPARATONOFBASEMAPPING
Two, levels will I.re illustrated, to ensure that the plan is comprehensive. yet euMclenty
debi to serve as a future guide. The base mapping will to prepared in a digital form
for future use by the Cry of The Colony (through incorporation and enhancement of
existing City of The Colony digial base mapping fibs).
Include eximig and proposed thoroughfare maps, adjacent city trail pans, County
Wide trail plans and Regional Vebxeb as a ager con the plan.
• Regional lava( including all areas in the City limits, as well as adjacent sty
greenbeds, thoroughfares and other possible condors
• CHrivite fewer including sedans as selecked In task 1.01 above.
• Sorel bail operators, to be determined through the panning process
Product - Base drawings for regional level, citywide area, along key condors
hams Provided by Cry of The Colony - Digital copes of most recent City mapping,
shopping regional level maps. dgial aerial phonography, oitywtde maps illustralrg
existing zoning and sector maps illustrating existing and proposed ant use and
thoroughfares.
16e Ldrny CirywM T2ils Hasler GMn Pagel
Exhibit 'A' -Scope of WM Jmuarys, "to
HOWASSo fatealna. 100815-9797PR37
'plan'"
SO:RON
HALFF
ernes
Iz;.laremoo
Fv QUlaupa0w
The lolbweri dements will be used In developing an assessment of Ne trails needs for The
Colony.
1.01 PROJECT INITIATION MEETING
HALFF staff will arrange a meting In The Colony with appropriate cry are This
meeting wind accomplish several preplanning corecdvea
• Orenfati0n. The City of The Colony and the primary team leaders of Hadi
Associaas will became familiar with 01e project team structure and
organization and arrive at a complete understanding of the robs add
responsumilrles of all project pedicpanls.
• Schedule. The project shed re will be refined and mutually agreed upon.
• Information exchange. At this mexEng we will discuss all documentation
needs of HALFF. This will give fine Cry an opportunity to provide information
or to provide HALFF guidance in the secuMg of information not readily
available at the time of the meeting.
• Identify planning sectors. The city will be reversed into panning experts
Eased on available demographic infomraion add previous atywdt planning
efforts.
Product -Initial meeting with Cry of Us Colony dao, m ndi notes
Items Provided! by City of The Cold" - Recommend aaI to attend, atletd rceotirg,
provide data as required to begin panning process.
1.02 PREPARATONOFBASEMAPPING
Two, levels will I.re illustrated, to ensure that the plan is comprehensive. yet euMclenty
debi to serve as a future guide. The base mapping will to prepared in a digital form
for future use by the Cry of The Colony (through incorporation and enhancement of
existing City of The Colony digial base mapping fibs).
Include eximig and proposed thoroughfare maps, adjacent city trail pans, County
Wide trail plans and Regional Vebxeb as a ager con the plan.
• Regional lava( including all areas in the City limits, as well as adjacent sty
greenbeds, thoroughfares and other possible condors
• CHrivite fewer including sedans as selecked In task 1.01 above.
• Sorel bail operators, to be determined through the panning process
Product - Base drawings for regional level, citywide area, along key condors
hams Provided by Cry of The Colony - Digital copes of most recent City mapping,
shopping regional level maps. dgial aerial phonography, oitywtde maps illustralrg
existing zoning and sector maps illustrating existing and proposed ant use and
thoroughfares.
16e Ldrny CirywM T2ils Hasler GMn Pagel
Exhibit 'A' -Scope of WM Jmuarys, "to
HOWASSo fatealna. 100815-9797PR37
Now
I20114. awnv
HALFF
akar
ppp
(214)sr6a6iWl
F"DI4)mIa4XYv
1.03 INVENTORY OF KEY DESTINATIONS AND EXISTING CONDITIONS IN THE CITY
Kay Destinations - Map the general geographic location of all key desolation facilities
in The Colony, to'mcllpe:
e) Key city and civic faciinese
b) Parks;
C) Schools (by classflc dhon and type):
d) Major retail centers:
e) Major employers)
0 Key entenamment centers,
g) Key destinations in adjacent cities: and
Id Key negenal Oesonaoona as sppliaable
Existing Trail - Incorporate an Inventory of existing publio'prMate trails In the city and
provide a short assessment of each, Including'.
a) Length and width of each trail (length per city chat;
b) Location in city sector; and
c) Typedmid,
Planned Trails - Incoryoral an inventory of proposed trails In the city and pmvke e
shod assessment of the plan for each frau, Including.
a) Length and width of each tail (length per city data);
of Loaalon in citysector,
of Typeofbail.aM
of of projects for deveopnent.
Product - Map illustrating geographic location of each existing and cumsndy planned
trail facility in the city. Written inventory of trail facilities and written assessment of Osco
trail.
Provided by City of The Colony — Provide data on edsting city trails, as watl as tail
planning to date. Provide iniprmanon on mafor raw tail inioatrves.
1.08 DEMOGRAPHICANALYSISANDGRO PATTERNREVIEW
From population data proNded by the City M The Colonry and based on the Year 1010
Census data or other project census IMonmaton (NCTCOGy map demographic data
that includes'.
a) Current peculator, past graMo patterns;
b) Future growN forecasts by sector (generated flown Year 1010 Census tact data
0 availabe),
c) Typical papulation profile, based on sex, age, etbniclly, Income and education,
dcul on Year 1010 Census dad)',
J) Regional papulation characteristics.
e) Key population needs based on demographics:
The Cdany CXywhi Trans Water PNn Pager3
Exhirti'- Sropa of Work January 6, 3018
'AWAssociaru Inc. 1001115.9M71DR37
EMN
,5081a
°�HALFF
Fax Q14I73PW96
Product - Illuahation of population by planning sector; eristng population in Table
format and in glen format', populatfon chamotedatics from most recently available
informar aq fuUre population projections.
Nems Provided by City of Tire Colony - Provide population inform cion in cignal form,
including existing population by sector, population projections by sector, demographic
eharaccerisOcs. year 2010 Census data in digital form.
1.08 REVIEW PREVIOUS STUDIES AND PLANS
Review other past or ongoing efforts that may Influence Me Cerra Trails Nasix Plan.
The will include:
a) Previous park master plan',
b) The current General0evelopmani Orkmanre;
c) Current city zoning and tarts Use Plan; and
J) Consent and Proposed Thoroughtare Plan.
Protlucl- Review M Past studies and reforms.
Ibms Provided by Cly of The Colony - Provide copies of all relevant repoma and
documents
1.07 CREATEGOALSANDOSOECTIVESFORTRAILSPIAN
Develop a preliminary list of goals and objectives for the Trails System, to serve as a
framework for modification by staff and the cafens of The Colony. Review went City
SUN and modify as appropriate per comments received
Product Preliminary asmen list of Trail System goals and objecMet.
bases provided! by City W The Colony - Review and comment on draft version of
goals and objectives.
1.0 DEVELOP STANDARDS FOR THE TRAILS PIAN
Review and update previously socialist standards used by Me City of The Colony.
a) Create a draft system of trail types, such as mater cross-town trails, secondary
trails, recreation trails. nature"its, she;
b) Devirop standards and spas for each Mal type;
c) Develop Vail amenity standards such as oserkoks, wayfindingwashing areas
and mile and '/. mile markers;
d) Develop design and maintenance sUrgards for on and off street trans',
e) Develop design standards for onyrede traffic crni railroad croi low
water crossings and design considerations for vehicle bridges to accommodate
trails, and
0 Develop resign standards for hahiheads and trail side amenities.
The Colony Citywide Trails Master Plan Pages
Exhibit 'A'- Smpa nl Wmk January b, M16
Hats Associates Inc. 1008159)9)PR37
...
1m1 a sexual
■■■
HALFF
waam Tror 75081...
(21e)a,5a2op
Fox (214)MeW95
Product - Draft trail Today standards for The Colony in table and ambient format.
Items Provided by City of The Colony - Previous park, trail or facility standards he
any)', review and comment on prowaed baa standard.
1.09 PARKBOARDWORKSNOP
Input Will focus on Trail System gwa and standards. as well as ciloen Vail
prefinenme
Park Board Workshop Maating One (01)
a) Conduct tliswsepn makertng to diXL9a Mail 'issues
:
IS) Prepare flyer aderdsirg w arkahop (by dale. (Actual a iveNsement via le flo,
oral newspaper, local Cade Access TV and postetl flyers will be Me
responsibility of the City of The Colony).
c) Intake park board members and ck¢ens to vrorkshop Blrvilmons by Cry of The
Worry staff).
d) Posters eMitMs and presentation for workshops.
e) Conduct werkshop, usually lasting from 6'.00 PM to 8'.00 PM. Be available for
informal Inspection of drawings at beginnings of workshops. )Halt to record
mesag n w format).
1) Prepare xTMan summary of key kerns discussed during workshop.
Producer - Public input process Mat Includes Park Board Workshop one (01). Prepare
recording of W bac workshop.
lama Provided by Cily of The Colony - Establish Iocadw and time for meetings,
issue marathons d Pant Board Workshop
1.10 PREPARETRAILOPPORMNRIESANDCONSTRAINLSMAP
Prepare maps/Alustrations as appropdete Mat demonstrate key needs. Maps will
illustrate'.
a) Key cataract tlestations.
b) Key mating bans wmtlors;
of Key potential future trail corridors (in general, prior to on Me ground detailed
assessment of specific corritlors)',
d) Key future areas to be served,
e) Key opportunity areas for bails', and
1) Key constraints (i. e. Sam Rayburn Tdlway (SRT) 121, adding development,
etc.).
Product - Written summary W Trail System needs and evating conditions, an teat,
table and pan format. MoD illusbadng key terminators and potential wrdae by
sector.
Meme Provided by City of The Colony - Review mapping and summary repan and
commend as applicable.
The Colony Censure TmOe Mesar Plan Pages
Exhibit 'A'- Sccee of Work January 5, WIS
HOW Associates Inc. 1"1S9797 PRIT
01NoIN
"'w
auumwfTwas7
■■■HALFF
(24)� W
Fax (214)1090]95
200 PHASEII-TRAILS MASTER LAN
2.01 DEVELOP CRITERIA FOR EVALUATION OF POTENTIAL TRAIL CORRIDORS
Develuperileriaforre traildevebpment TMCMenamaymclude:
a) AvailaGlity far use as a tail comdw
b) Location where meet cr0ically needed:
c) Potential for linkage and connectiviry with key destinations;
d) Lake access trails;
e) Ewtourism;
t) Natural vegetation and ease of development and
g) Potential awuis0ion ant Uevebpnmt wet.
Product- Cr0eria for new candidate Vag wmtlors
Items Provided by City of Ther Colony - Review and comment
2.02 CONDUCT FIELD RENEW OF KEY TRAIL CORRIDORS ANO PREPARE DRAFT
GENERALALIGNMENT
Evaluate coMdent in existing as well as undeveloped portions of The Colony to
determine their sugabllby for potential trail condors. Use criteria developed above.
Use a combination of walking, driving and map evaluation to provide general
assessment of key camdom in the city.
Evaluate key condors, as agreed 0 by Stag ant planning team.
Develop aerial phmograph lirear map for eaM key corridor that is selected for
evaluated. I9oebaa key constraints ant daft alignment for each key winder.
Product- Feld avec and draft alignment for key condors
Items Provided by City of The Colony - Review and comment as appropriate.
2.02 PREPARE ESTIMATE OF PROBABLE COST FOR KEY TRAIL CORRIDORS
Using the preliminary alignments developed above, prepare estimate of probable cwt
for each key corridor In the city. Review with staff and modify as necessary.
Product- Preliminary cost estimates In table format
Items Provided by CRY of The Colony - Review and comment as approprea.
2.00 PRIORITIZEKEYTRAILCORRIDORSANDALIGNMENTS
Papas a plan Illustrating all recommended improvements. These wall he
presented in three malar categories:
a) Key destinations
The Colony Olrywlde Trails MasterPlan Page 6
ExhibiYA'- SCWe of Wank January, 5, 2016
Haat Associates Inc. 100615-9797PR37
mum
121 M Power
ONE HALFF
RkfureW...TerslNa,
Now
b) Existing trails
C) Proposed hail [Angors, color Coded based on pdardy assgmrem
Product - Pnord¢etipn criteria', ranking W top recemmended Imprcvam l
Items Provided by City of The Colony - Review and comment as appropriate.
2.06 PREPARE THE TRAILS MASTER PLN CCCNMENT
Prepare a Trails Master Plan document. use Me Regional Veloaeb. Collin County
Trails Plan as reference for The Colony plan document. All components noted above
far be woNinated PAM NCTCOG and follow current AASWD and TOOT standards
and guidelines.
A Citywide Trails Master Plan illustra ig Me components MM are recommended w# ed
prepared. Thin plan vnll vmsder Mese key element:
a) SAM range improvements W meet immediate needs.
b) Long range improvements W meet amoral gm and b enhance the
perks system.
c) OpporlunMes for acgulsidon of key spam space ares, to go along w hail
coVulors as available.
III Trail recommendations per the Triple Master Plan and Thoroughfare Plan.
e) Cel estimates per the recommended Trail Master Plan and Thoroughfare
Plan improvements.
ft Program mo cations and improvements to address key VIA Programming
needs
g) Trail Scandal and guidelines for city operations, maintenance and hail
development.
Product- Trails Master Plan document ant maps.
Items Provided by City of The Colony. Review and cemmeM as appropriate.
2.06 DEVELOP A TRAILS IMPLEMENTATION PUN
Prepare typical cost figures for individual facility Items, such as dMe t trail types. Vail
head facilities and lend acquist0om.
Review past sources of trail devebgment funding and recommended purendal sources
of funding ler the trails proposed in the Master Plan.
Prepare a added summary documetkg onto recammmdad mndiRca0ons to the
system in gal ares of:
a) Operational and maintenance',
b) Estimate of Development Cost: ant
c) Trail planning and development.
The Corm Citywide Tri Mature -Plan Rare
Exhibit A'- Scol of Work January e, 2016
Haff Associates Inc. 1000154707PR2T
wn
101HB7'°"
Um,o0
HALFF
Flc6xka 509,
...
(214) 3484200
(214)739AIW
Fax ree.paes
Product - Implementation plan in sateen formal
Items Provided by City of The Colony- Fronde cumpN ars past C.I.P. aspens and
Parks depamrent budgets Iter past three years). Presses records of past grants and
OMW rwir-city funding sources. Review Impknsntatim plan and comment.
2.07 REPORTPREPARATIONANDAfWROVA
The information compiled in each of the tasks above will be comWned into a high
quality printed repos, suitable for reviser and approval by the City StsR, City Council
and causes of The Colony.
a) Pne(01)onof Repos eM SubI hearing
DapaNnen[for Review
b) Ore lOfl briefing on comdon/hcoring tnt Mie preCaralso
C) Revisions based on comments assessment as separation W a camera+early,
agir: and
in Approval Mthe mallet plan by the City Council.
Products - Report lova (02) daft copes), one MS WOW document and in PDF format,
rahtwev with Man. presentadon to Cay Council.
(tame Provided by Cly of The Colony - Raw" antl comment of draft report.
2.0 REPORTPRMIINO
We volt oversee the produclon M a high QWhIy dgkN o girel of per report her use in
PnMirg by the City Of The Colony.
Product- Camera ready orginal of the raped.
Name Provided! to City m The Colony - Final printing of Me repos — Tera (02) final full
color copes to be deli emtl to Cay M The Colony, along wiM dgital copy of report in
MS Word document and in PDF format on CD -Rom.
1irT.•.117i3'l, t^VV
The Colony ChywlM Thele, Me Nan Plan Page a
EahibIPA'- Scale a Axork January 5. 2016
NNH Associates Inc. 1009159297 PR37
OOEMEM
Phan
ProTnelowlM
taint
HALFF
1
Phan I — Inventory & Anatyais
n90Y
wwreeoa, Tam M1
OEM
��
Phase 11—Tells Master Plan
$18,500.00
3
Expenses
$ 2,500.00
Fa.(214)"shape
E%HIBIT'B'
BASIS OF COMPENSATION
CITYWIDE TRAILS MASTER PLAN
CIT`( OF THE COLONY. TEAS
Basic Services- Fee Summary
Planning services as tlesonal in Exbibtl'A'vall be provided by Hela Associates Inc. on a lump
sum basis, with an euthonied maximum Base Fee of 1139,500. The budget shown Induces
normal project expenses such as the cost of acquiring maps, reports and other documents
Necessary for the planning eaten, pnnting of draft and final reports, dahvery services, cemputsr
plans, computer charges add Trawl normally assacimal win production Of these services. The
overall fes adds shown will not W exceeded %about onor when aNM1ornalion by rte City.
Below a the cast bneakcwm W assume to be Pnoxnd rat
Ian
no.
Phan
ProTnelowlM
Base Proposal
1
Phan I — Inventory & Anatyais
$18,500.00
2
Phase 11—Tells Master Plan
$18,500.00
3
Expenses
$ 2,500.00
TOTAL
$39,500.00
Ihalrn (1) thry (2) wit be d lump win monthly Weed upon percentage complete of the tasks
end may, induce partial payments of the dol amount designatetl for each Item.
Payment for Mohamed Services as described in Exhibit "B' awl W computed on the basis W
salary cost times a multiplier of 2.3 to determine the payment due for services. Satary cost is
Mal as the cost of salaries for time deal chargeable to the orbital plus assess securty
combinations, unemployment erase and payroll teras, empoymmt cempensatdn insurance,
retirement banefns, medical and insurance berhefiLR siek cave, vacaeon ant bolgay applicable
thereto. The minimal is a Factor nal compensmes rte Engineer and names for ovenwaJ
add wed
Paymenls shall also include Direct NonLabor Expenses that In general, include expenses for
suppias, transportation, couched, travel, c0 icabdn, subsistence and lodging away from
home and similar incidentals. The Direct Non�Labor expenses shall be reimbursable at actual
"voice cost plus 10%, except for living and travel expenses when away from the home office
on business connected with the Project, which will be charged! M actual cost.
Tae Oal ClgmlM Trails MasterPlan Page 9
Exhibit A'- Ssepe of Work January 5, 2016
HaMAs6oclaM Inc. 100815-9791
ADDITIONAL SERVICES
Additional services, not included in the Scope of Services, will DB rregoented with the CIH M
The Colony as needed Compensation vail be hosed upon a mutually agreed lump sum has
or an hourly rate as sheen below. Items that are considered additronal services include:
• Development of construction documents, except for hall merged and spots for
each Veil type
• Trail desgn
• Meetings or presentations not specified herein
• Revisions to plans requested by the City after master plan is approved
• Graphic products except as noted herein
Attendance or preparation for meetings and public bearings except as noted
herein
Environmental services
Traffic engineering reon or studies
• Negotiadonsfagreements with adjacent property Duman
• Preparalron of easement descriptions and exhibits not induced on plat
Hourly ratan are as follows
Principal.
$250
m'N'°"r
MEN
HALFF
Park
Planner'.
RGwrbm.Twe ]spar
■■■
$122
Planner:
$100
214) 34rvWW
$90
Fn (214) 7300005
ADDITIONAL SERVICES
Additional services, not included in the Scope of Services, will DB rregoented with the CIH M
The Colony as needed Compensation vail be hosed upon a mutually agreed lump sum has
or an hourly rate as sheen below. Items that are considered additronal services include:
• Development of construction documents, except for hall merged and spots for
each Veil type
• Trail desgn
• Meetings or presentations not specified herein
• Revisions to plans requested by the City after master plan is approved
• Graphic products except as noted herein
Attendance or preparation for meetings and public bearings except as noted
herein
Environmental services
Traffic engineering reon or studies
• Negotiadonsfagreements with adjacent property Duman
• Preparalron of easement descriptions and exhibits not induced on plat
Hourly ratan are as follows
Principal.
$250
Project
Manager:
$235
Park
Planner'.
$120
Graphic Designer:
$122
Planner:
$100
GISICAD Operator
$90
SecreteriallckM:
$TO
Printing of plan and specification eels in addition tor lent was specified (eg..
interim revise sets (quantity urdMxm resi de.).
Plots-$10.00/(2tk38') sbeet+$5.00 onding
PnMcopias-$t.W(24'3Jsheet+$5.00binding
MW Copies-$0.10(85k11'I sheet +$5.00 binding
Color Copies -$150(8.5"x11'0 sheet +$5.00 binding
Faxes -$1 Wiffieet
CDfllecoW -$20.00
Courier or delivery serNce.
$1500+mileage
Postage.
W 41 +sought andi ataMerd rate at same of approval
Mileage incurred (site same, meeOngs, all
$0,57 per mile andror standard rate nt dme of approval
End of ExhlbH'B'
The Colony citywide Trails Master Plan
Fags
10
Exlrlell'A Scove of Work
Janwri 3019
Many Assessor mi
1000159797FRJT