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HomeMy WebLinkAboutOrdinance No. 03-1509 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HALFF ASSOCIATES TO DESIGN EIGHT STREETS FOR THE PHASE IIIA STREET RECONSTRUCTION PROJECT; 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 HalffAssociates to design eight streets for the Phase IliA Street Reconstruction Project. 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 1st day of December, 2003.  ohn Dillard, Mayor ATTEST: Patti A. Hicks, City Secretary AP~ kS TO FORM: Ci~'~'y A~°~ ~"~5~ AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into the ]~,F day of ~lgcE.~., 2003, by and between the CITY OF THE COLONY, TEXAS, hereinafter referred to as 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 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: Professional Engineering Services to prepare Construction Plans, Specifications and Estimates for Phase III Street Reconstruction 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 1 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 $231,600 as outlined in Exhibit "B". Partial payment will be made in accordance with the billing schedule outlined in Exhibit "B", incorporated herein, for completed portions of the work as approved by the CITY. 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 UNDERSlGNED'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, 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. 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. I n the event suspension or termination iswithout 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 Phase III Street Reconstruction project. ARTICLE VII INSURANCE ^. 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 ^greement, 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. I fthe 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 PERFORMANCE 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, a s 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 s hall defend a nd indemnify I ndemnitees a gainst a nd h old t he 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 XII 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 XIII DEFAULT OF UNDERSIGNED In the event the UNDERSIGNED fails to comply or becomes disable and unable to comply with t he provisions o f this Agreement a s t o t he quality o r character o f t he 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 t o b e satisfactorily completed prior t o termination. Payment f or work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of the UNDERSIGNED to a nd 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 XVIII 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 ~[- dayof P£CF.t~£¢- , 2003. City of The Colony, Texas ~ ~. ~/ _ ~- . _ By: ~ By: TroyL~_~Lovell, 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: ~° o~vr ede ~se:~5;e nt: Page 9 EXHIBIT "A" SCOPE OF WORK for Construction Plans, Specifications and Estimates Phase Ill Street Reconstruction in THE COLONY 1. Description: The project will involve the reconstruction of eight (8) streets. They are as follows: Strickland Avenue - East of Main Street to Blair Oaks Lemmon Court - Mayes Drive to end of street Mayes Drive - Pemberton Lane to Lemmon Court Pemberton Lane - Mayes Drive to 330 feet West Heatherington Drive - Main Street to Blair Oaks Drive Yager Drive - Miller Drive to Paige Road Treese Street - Taylor Street to Underwood Drive Underwood Drive - Turner Street to Truitt Street Streets will be reconstructed to the same width as existing and with 6 inch thick reinforced concrete paving. Sidewalks and driveway returns within street rights-of-way will be constructed as well. Also included are drainage improvements and water and sanitary sewer lines within street right-of-way. Improvements are described in the report entitled "Preliminary Design Report Phase III Street Reconstruction Projects" prepared by Halff Associates and dated August 14, 2003. 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 ^-1 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. Prior to surveying on private property, the surveyor shall secure oral permission from the property owners and/or tenant. If permission cannot be obtained, the City will assist or other arrangements worked out. B. 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 (Phase III Street Reconstruction Project), project number, date, City logo, Consultant's name, address, and telephone number and other items as may be specified. 2. Proiect Layout Sheet(s). The project layout sheet(s) will be drawn to a scale of 1" -- 100' and laid out with the north arrow up or to the right. 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 street and existing and proposed improvements. Typical sections will include existing roadways, utilities, right-of-way lines, etc., along with all proposed street, drainage and utility 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 street; thus, Ieaving ample margins both I eft a nd right. The p lan A-2 and profile station will align vertically on the sheet with the proposed centerline 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 point 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" = 10' 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 twelve (12) sections per sheet are to be plotted. Each section should extend beyond the easement and rights-of-way a sufficient distance to clearly s how t he relationship between the proposed improvements and the existing properties. Full sections will be drawn at critical locations, such as steep driveways, and at maximum spacings of 200 feet. 8. Review 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. Desiqn - 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. Prints - The Consultant shall provide prints of construction plans for review and permitting. Two sets of plans will be submitted to the A-3 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. 11.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. 12. Sequencin.q - Construction plans shall be developed with the flexibility to initially bid only a portion of the total project. The following streets or combinations of streets will be considered as potential "stand-alone" projects that can be packaged for bidding in single or multiple combinations: · Strickland Avenue · Lemmon Court, Mayes Drive, and Pemberton Lane · Heatherington Drive · Yager Drive · Treese Street and Underwood Street If only a portion of the project is initially bid, the remaining streets will be assembled for future bidding, either alone or in combination with other streets in one or more bid packages, with the exact scope to be determined later. Project layout sheets, construction detail sheets, traffic control plan sheets, erosion control sheets and cross-section sheets shall be organized to conform to potential sequencing. The City shall determine the scope of bid package upon approval of preliminary plans. C. Specifications: The Consultant shall prepare a project manual and technical specifications required for bidding and constructing the project. The project manual will be provided in the City's standard format. Only specifications amending or supplementing COG specifications need b e furnished. Project manual, specifications, bid items and quantities shall be furnished on hard copy and by electronic file. D. Estimates: Estimates of probable cost will be developed at each milestone submittal. A-4 E. 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 shall attend a pre-bid meeting, if required, and prepare minutes. 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 f or t he contractor's work, n or s hall t he Consultant b e 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 orderly completion of the project. The Consultant shall assist the City in performing a final walk-through inspection and prepare a written "final punch list". 3. 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. F. Permitting. The Consultant shall prepare applications to the Texas Department of Licensing and Review (TDLR) for code review of sidewalks and ramps. After construction the Consultant shall notify TDLR of completion date. Consultant shall address any questions or issues b y T DLR a s a result of review a nd inspection. TDLR review and inspection fees shall be paid by the City. G. Geotechnical Investigation. The Consultant shall engage a geotechnical sub-consultant to provide sub-surface investigations in the form of boring logs. Borings shall be of sufficient depth and spacing to provide general information needed for the design and construction of the project. The geotechnical sub-consultant shall be selected by the Consultant using the standard two-step method complying with applicable state laws and guidelines established by the Texas State Board of Registration for Professional Engineers. The City should be contacted for concurrence of the recommended geotechnical sub-consultant. A-5 H. Miscellaneous. Miscellaneous services not provided for herein a nd not generally associated with a project of this type will be paid for under an amendment to this Agreement and for an additional fee. 3. Schedule: 1. Completion of design surveys and geotechnical investigation: 75 calendar days from date of written authorization to begin work. 2. Completion/furnishing 60% preliminary plans, specifications, bid quantities, and construction cost estimate: 165 calendar days from date of written authorization to begin. 3. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 240 calendar days from date of written authorization, excluding City review times. 4. Bidding services: 60 calendar days from City's approval of final plans. 5. Construction services: In accordance with construction schedule (estimated to be 270 calendar days total) 6. Closure: 60 calendar days from the date of construction completion. A-6 EXHIBIT "B" COMPENSATION for Construction Plans, Specifications and Estimates Phase III Street Reconstruction 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 $191,000 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. $103,100 for Preliminary Design Phase (60% submittal) 2. $68,800 for Final Design Phase (100% submittal) 3. $19,100 for Construction Phase Services Items (1) through (3) will be billed in accordance with the billing schedule in Item C. below. B. Special Services - Special Services will be paid for lump sum. The following table summarizes special services fees. TASK DESCRIPTION FEE 1. Design Surveys $27,500 2. Geotechnical Investigation $10,300 3. TDLR Permitting $800 4. Printing of Plans and Specifications $2,000 TOTAL SPECIAL SERVICES $40,600 C. Billing Schedule - Services will be billed at five (5) project milestones in accordance with the following schedule: A lump sum of $37,800 upon completion of design surveys and geotechnical investigation (Items B.1 and B.2) A lump sum of $103,100 upon submittal of preliminary plans (Item A.1) A lump sum of $69,600 upon submittal of final plans (Items A.2 and B.3) A lump sum of $5,500 upon receipt of bids (a portion of Item A.3 and Item B.4) A lump sum of $15,600 upon completion of construction The total maximum fee for all services is $231,600. B-2 ACORD. CERTIFICATE OF LIABILITY INSURANCE I 11/26/2003 PRODUCER (972)581-4891 FAX (972)980-1813 THIS CERTiFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Be]] Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR 16980 Da] ] as Pa Pkway ALTER THE COVE~GE AFFORDED BY THE POLICIES BELOW. Da]~as, TX 75248 INSURERS AFFORDING COVE~GE INSURED Halff Associates, Inc. tNSURERA: CNA Ins. Co. Attn: Susan Ashmre INSURERB: 8616 Northwest P~aza Dr. INSURERC Dallas, ~ 75225 INSU~ERD COVE~GES LTR ~PE OF I~SU~CE POLICY NUMBER DATE ~M~OU~) DATE {M~DD~) LIMITS ~ENERAL LIABIU~ Z026695404 07/12/2003 07/12/2004 ~ACH OCCURRENCE $ 1,000,00( m occun ~D EXP <~y o~ ~r~) s 10,00( A X~ Per Project PERSONAL &ADVINJURY S 1,000,00( Aggregate GENERAL AOGREGATE $ 2 , AUTO~E LIABILI~ Z025470806 07/12/2003 07/12/2004 COMB]NED SINGLE ~4MIT ~ ~Y AUTO {EM acodent) A -- ~CESS ~BILI~ 2025471230 07/12/2003 07/12/2004 ~CH OCCURRENCE $ ~ 0ccu. ~ c~s ~E ~.~o~ ~ S, 000,000 A RETENTION $ 10,00( $ A E[ ~ACH ACOD~.T S SO0,000 E g. DISUSE - ~ EMPLOYE( $ ~00,000 E L DISUSE - POLICY LIMIT $ ~00 )~ESSZONAL L~B. [EE008220956 07/09/Z00~ 07/09/2~4 $5,OOO,000 Pe~ ElMira Limit A Z~S M~E $5,000,000 Aggregate Limit Deduct~bl e $[00,000 OESCRIPT~N OF OPE~ON~L~ATiON~EHICLE~EXCLUSlONS ADDED 8Y ~N~RSE~ENWSPEClAL ~E: Phase [[[ Street Reconstruction CERTIFICATE HOLDER ~ I Aoo~a~ ~SUREO; ~NSURER LETTER: ~ CANCELATION Attn: Gordon 5cruggs, P.E., C~ty Engineer BUTFAILURETO~ILSUCHNO~CESHALLIMPOSENOOBLIGAT~ONORL~81U~ 6800 ~n Street OFANY KINOUPONTHECOMPONTHECO~ANY.~ANY. I SAGENTSORREPRESENTAT~ES The Colony, ~ 75056 AUT~OR~EDREP~~/~ ~ ~ .... ~' (~ ' '~CORD CORPORATION 1988 A~ORD -5-S ~7,9, ~ FAX: OCMIJ 7636 Pehb, c D iYe ENGINEERING, INC. FortWo.b, mex.. 76118 www. cmjengr, conl Proposal No. 03-542 October 14, 2003 Halff Associates, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 Attn: Mr. Jerry F. Roberts, P.E. PROPOSAL FOR: GEOTECHNICAL ENGINEERING SERVICES PHASE I11 RECONSTRUCTION PROJECTS THE COLONY, TEXAS Dear Mr. Roberts: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this proposal based on a September 12, 2003 meeting with Messrs. Jerry Roberts, P.E. and Ben McGahey, E.I.T., site visit on October 13, 2003, and on the preliminary scope submitted to this office. The project, as currently planned, will consist of refurbishing all or portions of Yager Drive, Strickland Avenue, Treese Street, Lemmon Court, Mayes Place, Underwood Drive, Hetherington Drive, and Pemberton Lane. Anticipated construction will include replacing existing pavement with 6 inches of Portland Cement concrete. The investigation herein will focus on highly distressed areas to check if special procedures/measures would be appropriate in these areas. The October 13, 2003 site visit noted 22 specific areas of major distress/movement of the pavement. Of these, investigations are planned at 14 of the most severe locations. In some cases, expansive soil movement appears to be occurring. Elsewhere, depressions indicate poor quality backfill, curb staining indicates perched water, and general distress indicates water-related deterioration. For purposes of this proposal, it is assumed that all borings are accessible to truck- mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ Engineering, Inc. prior to field drilling. Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 Halff Associates, Inc. Proposal No. 03-542 October 14, 2003 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of soils and rock of the Eagle Ford geological formation. Experienced drillers and technicians will evaluate subsurface conditions with a total of 14 sample borings to depths of 10 to 12 feet below existing grades. The field personnel will drill the borings using truck-mounted equipment. Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with drill cuttings and plugged at the surface by hand tamping. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: · moisture content and soil identification · liquid and plastic limit determinations · pH determinations for presence of lime in existing subgrade soils · unit weight determinations · absorption pressure and/or one-point pressure swell tests · Eades and Grim lime series test · sulfate tests for sulfate-induced heaving The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. Halff Associates, Inc, Proposal No. 03-542 October 14, 2003 Page 3 C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide three copies of the report. The report will address: ·general soil and ground-water conditions · comments on anomalous pavement movements versus subsurface conditions · remediation recommendations, as appropriate · various subgrade preparation, as appropriate, for pavement subgrade stabilization · earthwork recommendations Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section I1. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $9,200 to $9,400. For budget purposes, a maximum cost of 99,400 is recommended. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within seven days of receipt of notice to proceed, and anticipate that two working days will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately three weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. Halff Associates, Inc. Proposal No. 03-542 October 14, 2003 Page 4 II. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: · Additional subsurface exploration, including quantities or items other than described in Basic Services. · Bulldozer or other equipment services required to achieve access to boring locations. · Stand-by time or time in excess of one-half hour required for travel between boring locations. · Additional laboratory services, including quantities or items other than described in Basic Services. · Additional insurance coverage or limits (if available) other than CMJ's standard policies. · Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. · Additional copies of the report, other than the number described in Basic Services. · Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B, COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. III. TERMS AND CONDITIONS The scope of services will be performed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this proposal. Halff Associates, Inc. Proposal No. 03~542 October 14, 2003 Page 5 Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this proposal as your authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. We look forward to working with Halff Associates, Inc, on this project. Respectfully submitted, President CMJ/amm copies submitted: (1) Mr. Jerry F. Roberts, P.E.; Halff Associates, Inc. (by fax) (2) Mr. Jerry F. Roberts, P.E.; Halff Associates, Inc. (by mail) CMJ ENGINEERING, INC. GEOTECHNICAL ENGINEERING SERVICES BASIC SERVICES COST ESTIMATE PROPOSAL: 03-542 DATE: OCTOBER 14, 2003 PROJECT: PHASE III RECONSTRUCTION PROJECTS THE COLONY, TEXAS SUBSURFACE EXPLORATION Quant. Unit $ Total $ Mobilization I 300.00 300.00 Soil Drilling-Continuous Sampling (0-25 ft.) 70 15.00 1,050.00 Soil Drilling-Intermittent Sampling (0-25 ft.) 78 10.00 780.00 Underground Utility Check 6 60.00 360.00 Concrete Coring and Borehole Backfill/Cap 14 85.00 1,190.00 Subtotal Subsurface Services $ 3,680.00 LABORATORY SERVICES Moisture Content and Soil Identification 100 6.00 600.00 Liquid and Plastic Limits 18 45.00 810.00 pH 10 40.00 400.00 Unit Weight 6 10.00 60.00 Free Swell 4 65.00 260.00 Eades and Gdm Lime Series 1 130.00 130.00 Sulfate Concentration 6 75.00 450.00 Subtotal Laboratory Services $ 2,710.00 ENGINEERING SERVICES Senior Principal Engineer 4 105.00 420.00 Staff Engineer 32 60.00 1,920.00 Drafting & Secretarial Support 14 35.00 490.00 Misc. Expense (repor~ production, mileage, etc.) I 100.00 100.00 Subtotal Engineering Services $ 2,930.00 TOTAL ESTIMATE $ 9,320.00 SAY $9,400.00 TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINERING, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and HALFF ASSOCIATES, INC., hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached proposal identified as Proposal No. 03-542, dated October 14, 2003 and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on information available to GEOTECHNICAL ENGINEER. GEOTECHNICAL ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connect[on with the providing of geotechnical engineering services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the PROPOSAL, then this phrase applies. For the specified assignment, GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S site representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnically-related work which, in GEOTECHNICAL ENGINEER'S professional opinion, does not conform with plans and specifications. The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved sorely for CLIENT. Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT TERMS - Page 2 of 3 PROPOSAL NO. 03-542 CMJ ENGINEERING, INC. CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated. This includes any soil or rock cuttings, and contaminated dritling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (AGR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation, If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then; (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where GEOTECHNICAL ENGINEER's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and {2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and ~l,v ~_~er into this AGREEMENT which will become effective on the date signed below by CLIENT. ~ CLIENT President Position Position October 14, 2003 Date Date TERMS - Page 3 of 3 PROPOSAL NO. 03-542 CMJ ENGINEERING, INC.