HomeMy WebLinkAboutOrdinance No. 03-1477 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~ ~ ~ /¢ 7
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH HALFF ASSOCIATES~ INC. TO PROVIDE ENGINEERING
SERVICES FOR THE DESIGN OF UTILITY RELOCATIONS FOR THE SH
121 EXPANSION; ATTACHING THE APPROVED FORM OF CONTRACT
AS EXItIBIT "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 author/zed
to execute on behalf of the City a contract with Halff Associates, Inc. to provide engineering
services for the design of utility relocations for the SH 121 expansion. 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 7th day of July, 2003.
APPROVED:
~or, Ci~//~f The Co~/~
ATTEST: ., ~
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into the ~ r~F- day of .(~.., 2003, by
and between the CITY OF THE COLONY, TEXAS, hereinafter rff~ed td"~-~ CITY and
HALFF ASSOCIATES, 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 UNDERSlGNED'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:
Professional Engineering Services to prepare Construction Plans,
Specifications and Estimates for SH 121 Utility Relocations at Paige Road as
described in Exhibit "A"
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.
Page I
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 in the basis herein described,
subject to additions or deletions for changes or extras agreed upon in writing.
B. The total amount paid to UNDERSIGNED shall not exceed a lump sum fee of
$43,700 as outlined in Exhibit "B". Partial payment will be made on a monthly
basis for completed portions of the work as approved by the CITY and 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
Page 2
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 make 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 or 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 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, aotions, claims, losses,
damages or liability on account of injury, disease, sickness, including death,
to any person or damage to properly 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.
Page 3
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 or 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 exported to an
AutoCAD 14 or higher version format.
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 satisfactory 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 termination 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.
C. Upon termination of this agreement for any reason, the UNDERSIGNED shall
immediately deliver to CITY all plans, drawings, specifications, designs and
other information prepared by or acquired by the UNDERSIGNED relative to
the SH 121 Utility Relocations @ Paige Road.
ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain workers' Compensation with
statutory limits.
B. UNDERSIGNED shall provide and maintain in full fome and effect during the
time of this Agreement, auto insurance (including, but not limited to, insurance
Page 4
covering the operations 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 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.
ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCF
UNDERSIGNED further specifically obligates itself to the CITY in the following,
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
Page 5
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.
ARTICLE IX
INDEMINIFICATION 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 Statues 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 Xl
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.
Page 6
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.
ARTICLE XlII
DEFAULT OF UNDERSIGNED
In the event the UNDERSIGNED fails to comply or becomes disable 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
resubmitting to others. In either event, the UNDERSIGNED shall be liable for
all costs in excess of the total contract price under his Agreement incurred to
complete the services herein provided for and the costs so incurred 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.
Page 7
ARTICLE XlV
ADJUSTMENTS IN SERVICES
No claims for extra services, additional services or changes in the services will
be made by the UNDERSIGNED without written Agreement with the CITY prior to the
performance of such services.
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 XVlII
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 designee, at
6800 Main Street, The Colony, Texas 75056-1133. The UNDERSIGNED
understands that only the City Manager or his designees 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:
Halff Associates, Inc.
Jerry F. Roberts, P.E.
Vice President
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
Page 8
ARTICLE IX
CLOSURE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this the
~ ~,7"day of .~ ~/ ,2003.
CITY: UNDERSI/~ ~/~
City of The Colony, Texas
By:
. By: Troy Lynn L'~ell, P.E.
City Manager
6800 Main Street Title: Vice President
The Colony, Texas 75056-1333
Address: 4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
Attest:
p~r o° v-~; aSse:~ e;~; e n t:
____
l~r~ctor
Page 9
EXHIBIT "A"
SCOPE OF WORK
for
Construction Plans, Specifications and Estimates
SH 121 Utility Relocations at Paige Road
in
THE COLONY
1. Description:
The project will involve relocation of the existing 18-inch water and 18-inch
sanitary sewer that cross SH 121 at Paige Road. The work is necessary to
accommodate proposed improvements to SH 121. See Figure 1. Services
will include design surveys, subsurface utility engineering, coordination with
TxDOT and other utilities; preparation of plans, specifications and cost
estimates; preparation of right-of-way documents and construction
administration.
2. Work Plan:
A. Surveying: The Consultant shall provide surveying services, which, in
general, may be defined as normal services applicable to a project of
this type. The following particulars will also apply.
1. Vertical benchmarks shall be established such that all points of
construction shall be within 500 feet of a benchmark. Benchmarks
should not be subject to loss during construction. Fire hydrants and
similar appurtenances are not to be used for benchmarks. The City
will furnish one or more benchmarks for this Project. The surveyor
shall establish temporary benchmarks throughout the length of the
project.
2. Topographic features will be surveyed along with any and all other
features needed for design, review, permitting, construction and
inspection of the project. Coverage will extend beyond the
proposed rights-of-way far enough to integrate the design with the
adjacent properties.
3. Existing property corners, iron pins, etc. shall be tied into
established existing rights-of-way. Pdor to surveying on private
property, the surveyor shall secure written permission from the
property owners and/or tenant and shall provide the City a copy of
said written permission. Should only oral permission be granted,
the surveyor shall document the permission granted by letter to the
property owner/tenant, with a copy to the City. If permission cannot
be obtained, the City will assist or other arrangements worked out.
A-1
o~~so ~oo ,so ~oo ~oo TO .~'~ELOCATEO~_ L %
~ ~ ~[ [ ]1 I I~1[~ f ~ Ualff ~sociates, Inc.
II
~ 0 m ~ ~1 I I I Iql>ll ,~, <~,,-~ [ I PRELIMINARY - FOR INTERIM REVIEW ONLY
z ~ ~ S.H. 121 UTILITY
4. The existing water line will be excavated using Consultants vacuum
excavation equipment in order to determine the precise location of
the existing water line at points of tie-ins and other critical locations.
B. Right-of-Way Determination. Right-of-way plans, exhibits and legal
descriptions for all right-of-way and easement acquisition required for
construction of the project will be prepared as follows:
1. Right-of-way plans shall include City title block, location map,
monumention, ties to project centerline, area required, area
remaining, parcel number, owner of record, and existing
easements. Right-of-way plans shall be included in the
construction plans.
2. Individual Exhibits shall be on 8-1/2" x 14" paper and shall include
area required, area remaining, parcel number, and owner of record.
Individual exhibits shall be stamped, dated, and signed by a
Registered Professional Land Surveyor.
3. Legal descriptions shall reference volume, page and owner of
record and shall be incorporated into the standard City of Lewisville
easement instrument document. Individual parcels shall be cross-
referenced on the plan and profile sheets.
4. Upon approval of the right-of-way plans by the City, the Consultant
shall then stake and flag the taking for inspection by the appraiser
and property owner. The documents, including legal description
shall be furnished to the City on a disk or CD ROM in Microsoft
Word or WordPerfect format.
C. Construction Plans: The Consultant shall develop construction plans
for review, permitting, bidding, construction, inspection and record
keeping. In general, construction plans shall be consistent with normal
practice for projects of this nature. The following particulars will also
apply. The construction plans will consist of numerous sheets ordered
as follows:
1. Title Sheet - (Sheet No. 1). The title sheet shall include a location
map. It shall also include a sheet index with drawings numbered
consecutively and without subscripts. Additionally, the title sheet
shall show the project name (SH 121/Paige Road Utility
Relocations), project number, date, City logo, Consultant's name,
address, and telephone number and other items as may be
specified.
2. Project Layout Sheet(s). The project layout sheet(s) will be drawn
to a scale of 1" = 100' and laid out with the north arrow to the right.
A-2
The purpose of the project layout is to depict the project in a
simplified view. Major items of work will be shown without
excessive detail. This sheet(s) will include a listing of
abbreviations, legend, general notes, and key map.
3. Typical Sections. Typical sections shall be drawn to scales of 1" =
5' h and 1" = 2' v and shall depict a view looking north or east. As a
minimum, typical sections will be drawn showing the relationship of
the proposed water and sewer lines and existing or future street
improvements. Typical sections will include existing roadways,
utilities, right-of-way lines, etc., along with all proposed utility and
highway improvements and will depict all significant items of work.
4. Plan and Profile Sheets. Plan-profile sheets will be arranged from
south to north and from west to east, with the north arrow up or to
the right on the sheet. Plan-profile sheets will be drawn to scales of
1" = 20' h and 1" = 4' v. Stationing will be from south to north or
west to east with the beginning station being set at approximately
0+00. Each plan-profile sheet will include no more than 500 feet of
water or sewer line; thus, leaving ample margins both left and right.
The plan and profile station will align vertically on the sheet with the
proposed centedine drawn parallel to the profile grid. When there
is a centerline curvature, the plan-profile should be drawn so that
as much of the plan view is in alignment as possible. Plan-profile
sheets shall depict all existing and proposed items pertinent to the
project.
5. Detail Sheets. The City's standard drawings will be used as a
beginning poir~t in developing standard details for this project. They
will be reviewed and modified for this project. Where other agency
standards are used, they shall be reduced as necessary to fit on
the City's standard sheet format with complete title block.
6. Miscellaneous. Construction plans will also address erosion
control, traffic control (including detours, road closures, signing,
barricading, etc.) and all other improvements.
7. Cross Sections. Cross sections shall be drawn to scales of 1" = 5'
h and 1" -- 5' v on sheets of 1" grids H and V. They shall be
arranged from bottom to top of the sheet looking up station and
shall show existing and proposed features and improvements.
Generally, no more than four sections per sheet are to be plotted.
Each section should extend beyond the easement and rights-of-
way a sufficient distance to clearly show the relationship between
the proposed improvements and the existing properties. Full
sections will be drawn at critical locations and at maximum
spacings of 300 feet.
A-3
8. Review Plans - The Consultant shall develop a preliminary location
drawing to confirm the scope of the relocation required by TxDOT
and to determine the feasibility of the selected route and to confirm
constructability before developing preliminary plans. Preliminary
plans shall then be prepared and submitted at the 60% milestone.
Final plans shall be prepared and submitted at the 100% milestone.
Also, the Consultant may submit plan sheets or working drawings
to the City for review and comment to reduce the number of
revisions that otherwise would be required. During development of
the plans, the Consultant shall attend meetings as needed. The
Consultant shall, in company with the City, perform at least one
plans-in-hand review.
9. Design - The design of the project shall be in general accordance
with the City of The Colony ordinances, standard details, and good
engineering practices. During the design phase, the Consultant
shall contact various utility companies and obtain information
relating to existing utility lines. The design should avoid major utility
relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
10. Reimbursement - Consultant will complete forms, exhibits, cost
estimates and applications to determine the eligibility of cost
reimbursement due the City from TxDOT. Consultant will meet with
TxDOT and assist the City in negotiations as needed.
11. Prints - The Consultant shall provide prints of construction plans for
review and permitting. Two sets of plans will be submitted to the
City for each review stage. The Consultant will provide utility
companies with copies of 60% plans for review. The Engineer will
run thirty-five (35) sets of half-size prints for bidding and
construction.
12.General - Construction plans shall be furnished full size and half-
size. Full size construction plans shall be on 4 mil, double matt,
mylar sheets measuring 22" x 34" overall dimensions. The City's
standard format shall be used. All prints shall be furnished on 22" x
34" sheets. Construction plans shall be suitable for half-scale
reduction and shall be provided as follows: one set of 11" x 17"
paper originals drawn by laser plotter.
D. Specifications: The Consultant shall prepare a project manual and
technical specifications required for bidding and constructing the
project. Only specifications amending or supplementing COG
specifications need be furnished. Project manual, specifications, bid
items and quantities shall be furnished on hard copy and by electronic
file.
A-4
E. Estimates: Estimates of probable cost will be developed at each
milestone submittal.
F. Bidding, Construction, Closure:
1. Bidding - During the bidding phase, the Consultant will prepare bid
documents and assist the City in advertising of the project for bids.
The consultant will address technical questions and prepare
addenda and issue to the bidders. The Consultant will tabulate
bids and make recommendation for award of contract.
2. Construction - The Consultant will prepare an agenda, attend the
pre-construction meeting and prepare minutes of the meeting. The
Consultant's design engineer and/or project manager shall visit the
site at least once per calendar month to evaluate the general
progress of the construction. Monthly reports shall be prepared
and forwarded to the City outlining any deviations noted from the
requirements of the contract documents. The Consultant will not be
responsible for the contractor's work, nor shall the Consultant be
required to perform inspection services. The Consultant shall
assist the City in the preparation of field changes and/or change
orders that may become necessary for the ordedy completion of the
project. The Consultant shall assist the City in performing a final
walk-through inspection and prepare a written "final punch list".
$. Closure - The Consultant shall prepare "record" plans,
incorporating all changes and known variations to provide the City
the best possible set of record drawings. The final record drawings
shall be furnished on mylar, of the same specification as provided
for in the Agreement and on CD.
E. Permitting. The Consultant shall determine the design criteria and
requirements for crossing SH 121, a TxDOT facility. The Consultant
shall prepare the crossing permit and exhibits for the purpose of
acquiring a TxDOT utility crossing permit.
F. Miscellaneous. Miscellaneous services not provided for herein and
not generally associated with a project of this type will be paid for
under an amendment to this Agreement and for an additional fee.
A-5
EXHIBIT "B"
COMPENSATION
for
Construction Plans, Specifications and Estimates
SH 121 Utility Relocations at Paige Road
in
THE COLONY
Exhibit "B" defines the basis of compensation to the Consultant for the services
rendered.
A. Basic Fee Services. The basic fee for the services as described in
Exhibit "A" will be $30,700 which includes printing, direct costs and
computer charges normally associated with production of these services
and reproduction of up to fifteen (15) sets of plans for review purposes.
The basis of compensation for Basic Fee services shall be as follows:
1. $16,560 for Phase I - Preliminary Design Phase (60% submittal)
2. $11,040 for Phase II - Final Design Phase (100% submittal)
Items (1) through (2) will be billed lump sum upon submittal of the plans
included in the design tasks and in accordance with the billing schedule in
Item C. below.
Phase III, Construction Phase Services, shall be billed in accordance with
the billing schedule in Item C. below up to a total lump sum of $3,100.
B. Special Services - Special Services will be paid for lump sum. The
following table summarizes special services fees.
TASK DESCRIPTION FEE
Design Surveys $5,000
Vacuum Excavation $3,000
Coordination with TxDOT and Permitting $1,000
Preparation of Right-of-Way Pamel $2,000
Printing of Plans and Specifications $2,000
TOTAL SPECIAL SERVICES $13,000
B-1
C. Billing Schedule - Services will be billed at four project milestones and in
accordance with the following schedule:
A lump sum of $24,560 upon submittal of preliminary plans
A lump sum of $14,040 upon submittal of final plans
A lump sum of $3,550 upon receipt of bids
A lump sum of $1,550 upon completion of construction
The total maximum fee for all services is $43,700.
B-2