HomeMy WebLinkAboutOrdinance No. 02-1358 CITY OF THE COLONY, TEXAS
ORDINANCE NO. (r~CQ.~ ].~.~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH TEAGUE~ NALL AND PERKINS~ INC. FOR PROFESSIONAL
SERVICES FOR THE REDESIGN OF THE COLONY PARK SHOPPING
CENTER WATER AND SANITARY SEWER REPLACEMENT;
ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Teague, Nall and Pekins, Inc.for professional
services for the redesign of the Colony Park Shopping Center Water and Sanitary Sewer
Replacement. The approved form of contract is attached hereto as Exhibit "A", and made a part
hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 18th day of March 2002.
APPROVED:
'~eemetta Henville-Shannon, Mayor
ATTEST:
Patti A. Hicks, i , City Secretary
APPROVED AS TO FORM:
Go--el, City A'ffomey- '
AGREEMENT FOR
PROFESSIONAL ENGINEERING/SURVEYING SERVICES
THIS AGREEMENT is entered into the /.i.' day of fl I' ! .. ~ l~ 20'~ ~,, by
and between the CITY OF THE COLONY, TEXAS, hereinafter referred to as
CITY and TEAGUE NALL AND PERKINS, INC., hereinafter referred to as
UNDERSIGNED.
WHEREAS, CITY desires UNDERSIGNED to perform certain work and
services set forth in Scope of Services, marked Exhibit "A", and attached hereto
and incorporated herein.
WHEREAS, the UNDERSIGNED has expressed a willingness to perform
said work and services, hereinafter referred to only as "services", specified in
said Scope of Services, and enumerated under Article II of this Agreement.
NOW, THEREFORE, all parties agree as follows:
ARTICLE I
GENERAL
UNDERSIGNED, shall furnish and pay for all labor, tools, materials,
equipment, supplies, transportation and management necessary to perform all
services set forth in Article II hereof for the CITY in accordance with the terms,
conditions and provisions of the Scope of Services, marked Exhibit "A", and
attached hereto and incorporated herein for all purposes. CITY may, at any time,
stop any services by the UNDERSIGNED upon giving UNDERSIGNED written
notice. UNDERSIGNED shall be bound to CITY by the terms, conditions and
responsibilities toward the CITY for UNDERSIGNED'S services set forth in this
Agreement.
ARTICLE II
SERVICES
A. The following services, when authorized in writing by a Notice to
Proceed, shall be performed by the UNDERSIGNED in accordance
with the CITY'S requirements:
SCOPE OF SERVICES
ENUMERATED IN EXHIBIT "A" ATTACHED RE~CEi'v'~ ~i~
BY ENGINEERING L~P~
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B. UNDERSIGNED shall be responsible for the professional quality,
technical accuracy, and the coordination of all designs, drawings,
specifications, plans and other services furnished by UNDERSIGNED
under this Agreement. UNDERSIGNED shall, without additional
compensation, correct or revise any errors or deficiencies in the
design, drawings, specifications, plans and other services.
C. Neither CITY'S review, approval or acceptance of, nor payment for any
of the services required under this Agreement, shall be construed to
operate as a waiver of any rights under this Agreement, and
UNDERSIGNED shall be and remain liable to the CITY in accordance
with applicable law for all damages to the CITY caused by the
UNDERSIGNED'S negligent performance of any of the services
furnished under this Agreement.
D. The rights and remedies of the CITY under this Agreement are as
provided by law.
ARTICLE III
PAYMENT
A. CITY shall pay UNDERSIGNED for all services authorized in writing
and properly performed by the UNDERSIGNED on the basis herein
described, subject to additions or deletions for changes or extras
agreed upon in writing.
B. Partial payment will be as stipulated in Exhibit "B" attached hereto and
incorporated herein.
C. Upon complete performance of this Agreement by the UNDERSIGNED
and final approval and acceptance of UNDERSIGNED'S service by the
CITY, CITY will make final payment to UNDERSIGNED of the balance
due under this Agreement within thirty (30) days of the following month
after final payment for such services has been billed by the
UNDERSIGNED.
D. CITY may deduct from any amounts due or to become due to the
UNDERSIGNED any sum or sums owing by the UNDERSIGNED to
the CITY. In the event of any breach by the UNDERSIGNED of any
provision or obligation of this Agreement, or in the event of the
assertion by other parties of any claim or lien against the CITY, or the
CITY'S premises, arising out of the UNDERSIGNED'S performance of
this Agreement, the CITY shall have the right to retain out of any
payments due or to become due to the UNDERSIGNED an amount
sufficient to completely protect the CITY from any and all loss, damage
or expense therefrom, until the breach, claim or lien has been
satisfactorily remedied or adjusted by the UNDERSIGNED.
ARTICLE IV
TIME FOR PERFORMANCE
A. UNDERSIGNED shall perform all services as provided for under this
Agreement in a proper, efficient and professional, manner in
accordance with the CITY'S requirements. Both parties have agreed
to the provisions of this Agreement in anticipation of the orderly and
continuous progress of the project through completion of the Scope of
Services specified in Exhibit "A", attached hereto.
B. In the event UNDERSIGNED'S performance of this Agreement is
delayed or interfered with by acts of the CITY or others, the
UNDERSIGNED may request an extension of time for the performance
of same as hereinafter provided, but shall not be entitled to any
increase in fee or price, or to damages or additional compensation as a
consequence of such delays unless such delays exceed ninety (90)
days.
C. No allowance of any extension of time, for any cause whatever, shall
be claimed or made to the UNDERSIGNED, unless the
UNDERSIGNED shall have made written request upon the CITY for
such extension within forty-eight (48) hours after the cause for such
extension occurred, and unless the CITY and the UNDERSIGNED
have agreed in writing upon the allowance of additional time to be
made.
ARTICLE V
DOCUMENTS
A. All instruments of service (including plans, specifications, drawings,
reports, designs, computations, computer programs, estimated,
surveys, other data or work items, etc.) prepared under this Agreement
shall be submitted for approval of the CITY. All instruments of service
shall be professionally sealed as may be required by law or by the
CITY.
B. Such documents of service, together with necessary supporting
documents, shall be delivered to the CITY, and the CITY shall have
unlimited rights, for the benefit of the CITY, in all instruments of
service, including the right to use same on any other work of the CITY
without additional cost to the CITY. If, in the event the CITY uses such
instruments of service on any work of the CITY other than that
specified in the Scope of Services, attached as Exhibit "A", provided
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the UNDERSIGNED completes this Agreement, under those
circumstances the CITY hereby agrees to protect, defend, indemnify
and hold harmless the UNDERSIGNED, their officers, agents, servants
and employees, from and against suits, actions, claims, losses, liability
or damage of any character, and from and against costs and
expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of
injury, disease, sickness, including death, to any person or damage to
property including, in part, the loss of use resulting therefrom, arising
from any inaccuracy, such use of such instruments of service with
respect to such other work except where the UNDERSIGNED
participates in such other work.
C. The UNDERSIGNED agrees to and does hereby grant to the CITY a
royalty-free license to all such instruments of service, which the
UNDERSIGNED may cover by copyright, and to all designs as to
which the UNDERSIGNED may assert any rights or establish any
claim under the design patent or copyright laws. The UNDERSIGNED,
after completion of the project, agrees to furnish the originals of all
such instruments of service to the CITY.
D. All word documents supplied to the CITY as provided herein shall be in
Microsoft Word 98 or higher edition, or in a format compatible with the
aforementioned program. All plan documents shall be in AutoCAD 14
or higher version.
ARTICLE VI
TERMINATION
A. The CITY or the UNDERSIGNED may suspend or terminate this
Agreement for cause or without cause at any time by giving written
notice to the UNDERSIGNED. In the event suspension or termination
is without cause, payment to the UNDERSIGNED, in accordance with
the terms of this Agreement, will be made on the basis of services
reasonably determined by the CITY to be satisfactorily performed to
date of suspension or termination. Such payment will be due upon
delivery of all instruments of service to the CITY.
B. Should the CITY require a modification of its contract with the
UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail
to agree upon a modification to this Agreement, the CITY and the
UNDERSIGNED shall have the option of terminating this Agreement.
Payment to the UNDERSIGNED shall be made by the CITY in
accordance with the terms of this Agreement, for the services mutually
agreed upon by the CITY and the UNDERSIGNED to be properly
performed by the UNDERSIGNED prior to such termination date.
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ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain Workers' Compensation
with statutory limits.
B. UNDERSIGNED shall provide and maintain in full force and effect
during the time of this Agreement, auto insurance (including, but not
limited to, insurance covering the operation of owned and non-owned
automobiles, trucks and other vehicles) protecting the UNDERSIGNED
and the CITY as an additional insured with limits not less than
250/500/100,000.
C. UNDERSIGNED shall provide general Liability Insurance. Such
insurance covering personal and bodily injuries or death shall be in the
sum of not less than Two Hundred Fifty Thousand ($250,000) Dollars
per occurrence and Five Hundred Thousand ($500,000) Dollars
aggregate. Insurance covering damages to property shall be in the
sum of not less than One Hundred Thousand ($100,000) Dollars. The
General Liability Insurance must name the CITY as an additional
insured.
D. 'UNDERSIGNED shall also provide and maintain Professional Liability
Errors and Omissions Insurance coverage to protect the
UNDERSIGNED and the CITY from liability arising out of the
performance of professional services, if any, under this Agreement.
Such coverage shall be in the sum of not less than Three Hundred
Thousand ($300,000) Dollars per occurrence and Five Hundred
Thousand ($500,000) Dollars aggregate. Such insurance shall be kept
in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that
time, the CITY may pay the premiums to keep the insurance in effect
and recover the cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to
the CITY before any services are performed. Such Certificate shall
provide thirty (30) days written notice to the CITY prior to the
cancellation or modification of any insurance referred to therein, and
continue to issue such certificate for four (4) years after completion of
the contract.
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ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCE
UNDERSIGNED further specifically obligates itself to the CITY in the
following respects, to-wit:
The UNDERSIGNED hereby agrees to protect, indemnify and hold
harmless the CITY, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "lndemnitees"), from and against suits,
actions, claims, losses, liability or damage of any character, and from and against
costs and expenses, including, in part, attorney fees incidental to the defense of
such suits, actions, claims, losses, damages or liability on account of injury,
disease, sickness, including death, to any person or damage to property
including, in part, the loss of use resulting therefrom arising from any negligent
act, error, or omission of the UNDERSIGNED, its officers, employees, servants,
agents or subcontractors, or anyone else under the UNDERSIGNED'S direction
and control and arising out of, resulting from, or caused by the performance or
failure of performance of any work or services called for by this Agreement, or
from conditions created by the performance or non-performance of said work or
services. In the event one or more of the Indemnitees is determined by a court of
law to be jointly or derivatively negligent or liable for such damage or injury, the
UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided
herein on a proportionate basis in accordance with the final judgment, after all
appeals are exhausted, determining such joint or derivative negligence or liability.
The UNDERSIGNED is not responsible for the actions of the CITY'S
contractor to perform the construction of the improvements covered under this
Agreement.
Acceptance and approval of the final plans by the CITY shall not constitute
nor be deemed a release of this responsibility and liability of the
UNDERSIGNED, its employees, associates, agents and consultants for the
accuracy or competency of their designs, working drawings and specifications, or
other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by the CITY for any defect in the designs,
working drawings and specifications, or other documents prepared by the
UNDERSIGNED, its employees, contractor, agents and consultants.
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ARTICLE IX
INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION
UNDERSIGNED agrees that it is an independent contractor and not an
agent of the CITY, and that the UNDERSIGNED is subject, as an employer, to all
applicable Unemployment Compensation Statutes, so as to relieve the CITY of
any responsibility or liability from treating the UNDERSIGNED'S employees as
employees of the CITY for the purpose of keeping records, making reports or
payments of Unemployment Compensation taxes or contributions. The
UNDERSIGNED further agrees to indemnify and hold the CITY harmless and
reimburse it for any expenses or liability incurred under said Statutes in
connection with employees of the UNDERSIGNED.
ARTICLE X
INDEMNIFICATION FOR PERFORMANCE
UNDERSIGNED shall defend and indemnify Indemnitees against, and
hold the CITY and the premises harmless, from any and all claims, suits or liens
based upon or alleged to be based upon the non-payment of labor, tools,
materials, equipment, supplies, transportation and management costs incurred
by the UNDERSIGNED in performing this Agreement.
ARTICLE XI
ASSIGNMENT
UNDERSIGNED shall not assign or sublet this Agreement or any part
thereof, without the written consent of the CITY. Sale of more than fifty (50%)
percent ownership of the UNDERSIGNED shall be construed as an assignment.
ARTICLE Xll
APPLICABLE LAWS
UNDERSIGNED shall comply with all Federal, State, County and
Municipal laws, ordinances, regulations, safety orders, resolutions and building
codes, including the Americans With Disabilities Act, relating or applicable to
service to be performed under this Agreement.
This Agreement is performable in the State of Texas and shall be
governed by the laws of the State of Texas. Venue on any suit hereunder shall
be in Denton County, Texas.
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ARTICLE XIII
DEFAULT OF UNDERSIGNED
In the event the UNDERSIGNED fails to comply or becomes disabled and
unable to comply with the provisions of this Agreement as to the quality or
character of the service or time of performance, and the failure is not corrected
within ten (10) days after written notice by the CITY to the UNDERSIGNED, the
CITY may, at its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any
further consideration to the UNDERSIGNED except for all work
determined by the CITY to be satisfactorily completed prior to
termination. Payment for work satisfactorily completed shall be for
actual costs, including reasonable salaries and travel expenses of the
UNDERSIGNED to and from meetings called by the CITY at which the
UNDERSIGNED is required to attend, but shall not include any loss of
profit of the UNDERSIGNED. In the event of such termination, the
CITY may proceed to complete the services in any manner deemed
proper by the CITY, either by the use of its own forces or by re-
submitting to others. In either event, the UNDERSIGNED shall be
liable for all costs n excess of the total contract price under this
Agreement incurred to complete the services herein provided for, and
the costs so incurred may be deducted and paid by the owner out of
such monies as may be due or that may thereafter become due to the
UNDERSIGNED under and by virtue of this Agreement.
B. The CITY may, without terminating this Agreement or taking over the
services, furnish the necessary materials, equipment, supplies and/or
help necessary to remedy the situation, at the expense of the
UNDERSIGNED.
ARTICLE XIV
ADJUSTMENTS IN SERVICES
No claims for extra services, additional services or changes in the services
will be made by the UNDERSIGNED without a written agreement with the CITY
prior to the performance of such services.
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ARTICLE XV
EXECUTION BECOMES EFFECTIVE
This Agreement will be effective upon execution of the contract by and between
the UNDERSIGNED and the CITY.
ARTICLE XVl
AGREEMENT AMENDMENTS
This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof, and there are not oral understandings,
statements or stipulations bearing upon the meaning or effect of this Agreement,
which have not been incorporated herein. This Agreement may only be modified,
amended, supplemented or waived by a written instrument executed by the
parties except as may be otherwise provided therein.
ARTICLE XVll
GENDER AND NUMBER
The use of any gender in this Agreement shall be applicable to all
genders, and the use of singular number shall include the plural and conversely.
ARTICLE XVlll
NOTICES AND AUTHORITY
A. The UNDERSIGNED agrees to send all notices required under this
Agreement to the City Manager of the City of The Colony, or his/her
designee, at 6800 Main Street, The Colony, Texas 75056-1133. The
UNDERSIGNED understands that only the City Manager or his/her
designee has the authority to represent the CITY or bind the CITY
under this Agreement.
B. The CITY agrees to send all notices required under this Agreement to
the UNDERSIGNED at:
Teague Nail and Perkins, Inc.
J. Richard Perkins, P.E.
2001 W. Irving Blvd.
Irving, Texas 75061
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ARTICLE IX
CLOSURE
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this the ' ~':',~- day of i ! ,~ ,20. '
CITY: UNDERSIGNED:
City of The Colony, Texas ~eague Nail and Perkir)s~.
City Manager ~ ~ Richard Perkins, P.E.
6800 Main Street
The Colony, Texas 75056-1133 Title: Principal
Address: 2001 W. Irvinq Blvd.
Irvinq, Texas 75061
City Secreta~
Approved as to Form: Approved as to Content:
Y Attorn~~ Depa~ment Director
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EXHIBIT "A" to Agreement Between the City of
The Colony, Texas (CITY) and Teague Nail and
Perkins, Inc., Consulting Engineers
(UNDERSIGNED) for Profession. Q~l_ Engineering
and Surveying Services, dated
SCOPE OF SERVICES
1. This is an exhibit attached to, made a part of, and incorporated by reference into the
Agreement made on ~ /~ ~,..~ z...., between CITY and UNDERSIGNED
/
providing for professional engineering and surveying services.
2. UNDERSIGNED shall prepare construction plans, details, specifications, permits,
and estimates for the following:
COLONY PARK SHOPPING CENTER WATER AND SEWER REPLACEMENTS
A. Improvements Include:
1. Design a sewer line to replace the line on the northeast side of the
property.
2. Design a water line, fire hydrant, and necessary valving to replace the
portion of the water line along the north side of the shopping center.
3. UNDERSIGNED shall prepare all items listed below as required for
construction.
3. PRELIMINARY PHASE:
A. Initial meeting with CITY staff to obtain a project scope, background
information, and incorporate concerns into designs.
B. Search for record drawings and verifying location of all utilities.
C. Contact utility companies (TXU Gas, TXU Electric, General Telephone,
Harron Cable, TCI, Southwestern Bell, Denton-County Coop, etc.) regarding
location of their facilities.
D. Analysis of preliminary alignment including, but not limited to, availability of
right-of-way/easements, construction problems, utility conflicts.
E. Establishment of design criteria including materials.
F. The preliminary engineering plans will include:
1. Preliminary water and sewer alignments, and grades.
2. Required detail sheets.
3. Preliminary opinions of probable cost.
4. Required easement needs.
C. UNDERSIGNED proposes to send three (3) sets of preliminary plans (60%
stage) to the CITY for review comments.
D. UNDERSIGNED proposes to send preliminary plans to all affected
franchised utility companies for their comments.
4. DESIGN PHASE:
A. On the basis of approved preliminary design documents, UNDERSIGNED
shall prepare final construction documents. The project will be designed by
UNDERSIGNED in accordance with the intent of the CITY. The documents
would represent a 100% stage review set.
The 100% stage review set of final documents will include:
All items included in the previous review plus:
Design plans and calculations:
1. Title sheet.
2. Plan/Profile sheets.
3. Required detail sheets.
4. General notes related to construction.
B. Submit three (3) sets of 100% stage review documents to CITY for review
and approval.
C. Submit one (1) set of final design documents to each related franchised
utility company for their comments.
D. Prepare detailed final contract documents and specifications for construction
as authorized by the CITY'S representative. These final contract documents
will be considered the 100% stage review set and will include:
All items in the previous reviews plus:
1. Preliminary construction quantity estimate and opinion of
probable construction cost.
2. Supplemental specifications, special provisions, proposals for
construction.
3. Preparation for franchised utility coordination.
4. Construction bidding assistance.
E. Prepare detailed opinions of probable construction cost and bid packet forms
for authorized construction.
F. Submit three (3) sets of 100% stage review documents to CITY for review
and approval.
G. Incorporate all reasonable comments from above reviews and furnish the
CITY twenty (20) sets of copies of plans, contract documents, specifications,
and bid packet inclusive of notice to bidders and bidder's proposals for
bidding purposes.
5. CONSTRUCTION PHASE:
A. Assist the OWNER in advertisement for bids.
B. Prepare actual advertisement [to be placed, in a local newspaper of general
circulation for two (2) consecutive weeks by the CITY].
C. Incorporate any and all wage rate modifications or supersedes via bid
addendum (if applicable).
D. Answer all contractor's questions and regulate project during the bidding
period.
E. Assist in pre-bid meeting (if required), and prepare addendum if needed.
F. Assist in preconstruction meeting with Contractor and CITY staff.
G. Make periodic visits to the site when requested.
H. Conduct in company with CITY'S representatives, a final inspection of the
project for conformance with the design concepts and compliance with the
Contract Documents.
I. Revise construction documents with the assistance of the CITY'S inspector,
for preparation of "Record" drawings, and furnish a set of mylar/prints and a
digital file of same in AutoCAD Release 14, or later edition, format to the
CITY.
6. SPECIAL SERVICES:
A. Design Surveying - Prepare field surveys for the design including visible
sanitary sewer, water, and storm drainage facilities for the project area,
property corner ties if readily found, existing trees, elevations of existing
visible utilities, and other improvements required for design.
B. Provision of GPS control for staking of the project by the Contractor's
surveyor.
7. CITY'S RESPONSIBILITY:
The CITY will provide information regarding objectives and requirements for the
Project. The CITY will designate a single representative to act in its behalf, with
respect to the Project, who shall examine documents submitted by the
UNDERSIGNED and shall render decisions pertaining thereto promptly to avoid
unreasonable delay in the progress of the UNDERSIGNED'S services. The CITY
will be responsible for the overall construction administration, materials testing, and
inspection services required for the Project.
8. TIME FOR COMPLETION:
UNDERSIGNED agrees to complete and submit all work required by CITY as
outlined in Exhibit "A" within 45 consecutive calendar days, inclusive of CITY review
time, from the date of written Notice to Proceed from the CITY to the
UNDERSIGNED.
9. REVISIONS TO FINAL PLANS:
After acceptance of the final plans and special provisions by CITY, UNDERSIGNED
agrees, prior to and during the construction of this Project, to perform such design
services as may be required by CITY to correct errors or omissions on the original
plans prepared by UNDERSIGNED and to change the original design as required
by such error or omissions.
10. UNDERSIGNED agrees that CITY may review any and all work performed by
UNDERSIGNED on this Project.
11. Upon completion of the Design Phase, UNDERSIGNED agrees to perform any re-
design required as a result of UNDERSIGNED'S failure to accurately locate any
underground utility, that has been uncovered by franchised utilities and located by
field survey, overhead utility or structure, or failure to adequately provide drainage
or access for the adjacent property along this project from information that has been
supplied to the UNDERSIGNED by the CITY or the utility companies at no
additional compensation. Re-design occasioned for the convenience of the City of
The Colony shall be in writing, and shall be at additional compensation for
UNDERSIGNED. Any additional compensation shall be as negotiated between
UNDERSIGNED and CITY and agreed upon in a separate or supplemented
contract after authorization of the City Council of the City of The Colony.
- END OF EXHIBIT "A" -
EXHIBIT "B" to Agreement Between the City of
The Colony, Texas (CITY) and Teague Nail and
Perkins, Inc., Consulting Engineers
(UNDERSIGNED) for Professional Engineering
and Surveying Services, dated '-~.~.~
COMPENSATION
1. This is an exhibit attached to, made a part of, and incorporated by reference into the
Agreement made on -'~///._~;,~.'- ,/~ :...~-~ ~ between CITY and UNDERSIGNED
providing for professional engineering and surveying services.
2. UNDERSIGNED will accomplish the work outlined in the tasks presented in Exhibit
"A" of this Agreement for a reimbursable not-to-exceed fee of $ 8,700.00. The breakdown
of cost is as follows:
ENGINEERING ............................. $ 5,600.00
SURVEYING FOR DESIGN ................... $ 1,300.00
EASEMENT PREPARATION (IF NEEDED) ....... $ 1,800.00
TOTAL PROJECT COST .................... $ 8,700.00
3. The UNDERSIGNED's fee shall provide compensation for all design work,
drafting/CAD work, printing of review documents for the CITY and franchised utility
companies only, computations, and all other work required for the design of this Project.
Printing (up to 20 copies) required for bid packets is also a part of this Contract.
4. UNDERSIGNED will invoice the CITY for the value of partially completed services,
according to the services accomplished each month on a proportional basis of the overall
Project. UNDERSIGNED will invoice the CITY for direct expenses so incurred in providing
such services multiplied by a factor of 1.10.
5. All other services will be considered as additional services, performed at the request
of the CITY and billed as outlined in Item six (6) of this Exhibit "B".
6. The undertaking of UNDERSIGNED to perform professional services under this
Agreement extends only to those services specifically described herein. If, upon the
request of the CITY, UNDERSIGNED agrees to perform additional services ("Additional
Services") hereunder, the CITY shall pay UNDERSIGNED for the performance of such
Additional Services an amount (in addition to all other amounts payable under this
Agreement) equivalent to: (1) the hours expended by personnel for additional services
multiplied by the then current hourly rates of such personnel, and (2) the reimbursable
expenses ("Reimbursable Expenses") so incurred by UNDERSIGNED in providing such
services, multiplied by a factor of 1.10. UNDERSIGNED agrees to submit a written
estimate of costs for additional services. The CITY is only liable to pay for said services
after agreeing in writing to pay the cost submitted in the estimate.
a. Cost of maps, drawings and reports necessary for the conduct of the work
and not otherwise furnished by the CITY.
b. All costs of obtaining permits or fees required.
c. Special Consultants subject to prior approval by the CITY.
7. Invoices will be submitted by UNDERSIGNED to the CITY monthly for services
performed and expenses incurred pursuant to this Agreement during the prior month.
Payments on account for basic services shall be made monthly within thirty (30) days of
invoice. All invoices will be accompanied by a status report on all completed work.
- END OF EXHIBIT "B" -