HomeMy WebLinkAboutResolution No. 05-65
RESOLUTION NO. 05- (,5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN
THE CITY OF THE COLONY AND SPRING BROOK PLANNING
GROUP FOR CREATION OF A S.H. 121 COMPREHENSIVE
CORRIDOR MASTER PLAN, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: CREATION OF A S.H. 121
COMPREHENSNE CORRIDOR MASTER PLAN; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with SPRING BROOK PLANNING GROUP, which is attached hereto and
incorporated herein by reference as Exhibit "A," under the terms and conditions provided
therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $8,400.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Professional Services Contract, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council ofthe City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved in the amount not to exceed $8,400.00, and the City Manager is hereby authorized
to execute the Agreement on behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 11 day of JULY, 2005.
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she WIlson, CIty Secretary
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July 7, 2005
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Donna Bateman
Director of Planning and Development Services
6800 Main Street
The Colony, TX 75056
PLANNING
Re: Proposal for Professional Services for Highway 121 Comprehensive Corridor Plan in
the City of The Colony, Texas.
Dear Ms. Bateman:
Spring Brook Planning Group (SBPG) is very pleased to submit this proposal for
professional services for the above referenced project. It is our understanding that the
study area includes the entire frontage of Highway 121 within the limits of the city.
Additionally, the main focus of the study is to determine the future land uses of vacant
parcels fronting the highway.
SCOPE OF BASIC SERVICES
1. Identifv Study Area: SBPG will work with appropriate city staff to identify the
physical limits of the study area.
2. Identifv Issues. Constraints and Opportunities: SBPG will take input from City
Council, appropriate city staff and the public to determine the issues, constraints
and opportunities associated with the study area. SBPG will also coordinate
identification of future goals and objectives for the study area.
3. Future Land Use Plan: SBPG will participate in the formation of the Future Land
Use Plan for the study area. It is anticipated that the cities GIS Department will
prepare the map of the Future land Use Plan.
4. Implementation Strateqv: SBPG will identify future implementation strategies to
implement the Corridor Plan.
5. Final Reporf: SBPG will consolidate the information gathered in the above tasks
and prepare a written report to be presented to the Planning and Zoning
Commission and City Council, in a joint public hearing, for approval as the
Comprehensive Plan for the 121 Corridor.
2405 Mustang Drive / Grapevine, Texas 76051 /469-955-8580/817-329-4453 (Fax)
The Colony Route 121 Corridor Plan
July 7, 2005
Page 2 of 4
SCHEDULE
It is anticipated that work will begin immediately upon acceptance of this contract and that
a final plan will be completed on or before August 4, 2005. In order to facilitate such an
aggressive schedule an initial meeting with appropriate city staff must take place on or
before July 15, 2004. Additionally a City Forum, to solicit public input on the plan, must
take place on or before July 25,2004. Finally, a Work Session with City Council must take
place on or before August 1 , 2005.
COMPENSATION
SBPG will perform all the services identified in the Scope of Basic Services on an hourly
fee at our standard rates not to exceed $8,400.00 payable upon completion.
It is the intention of SBPG that all reasonable costs for reproduction of draft documents,
mileage, etc. are included in the costs as shown above. All work not included in the Scope
of Basic Services shall be considered Special Services and will be billed in accordance with
the hourly rate schedule contained in Appendix "A". No work that is intended to be
invoiced as a Special Service will be performed without prior approval by the Client.
ASSUMPTIONS
The Client is responsible for:
. Coordination with TxDOT
. Providing base map information necessary to conduct the study including but not
limited to:
o Existing Land Use
o Existing Zoning
o Zoning and land use of cities adjacent to study area (Lewisville & Frisco)
. Preparing all maps resulting from the study Future Land Use Map
. Reproducing the Final Report
In addition to the matters set forth herein, our Agreement shall include, and shall be subject
to the General Conditions of Agreement attached hereto and herby incorporated herein.
The term "Client" as used herein and in attached General Conditions of Agreement shall
refer to The City of The Colony.
The Colony Route 121 Corridor Plan
July 7, 2005
Page 3 of 4
We at Spring Brook Planning Group sincerely appreciate the opportunity to provide you
with these professional services. Please review this proposal for professional services,
including the General Conditions of Agreement carefully. If you are in agreement with the
terms as expressed, please sign both copies of the proposal and return one to this office
for our records. Your signature will serve as our authorization to proceed.
By executing this contract, the City of The Colony expressly agrees that the city
maintains sole responsibility for the implementation or use of information provided
in our reports.
If you have any questions regarding this proposal, please call. Once again, we appreciate
the opportunity to provide you with professional services, and look forward to working with
you towards the successful completion of this project.
Sincerely,
Spring Brook Planning Group
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Lawrence C. Reichhart, ASLA, AICP
APPROVED:
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Name
'1-II~05
Date
Attachments:
Hourly Rate Schedule
General Conditions of Agreement
The Colony Route 121 Corridor Plan
July 7, 2005
Page 4 of 4
HOURLY RATE SCHEDULE
Classification
Rate
Planning Principal...... .............. .................................... ........ $130/hr
Engineering Principal........................................................... $130/hr
Landscape Architect........ .......... ........ ....................... ...... ....... $105/hr
Professional Engineer... ...... ..... ...... ...... .,. ...... ........ ....... ......... $1 05/hr
R.P.L. S. ................................................................................. $1 05/hr
Project Manager..................................................................... $90/hr
Engineer.................................................................................. $90/hr
Senior Technician................................................................... $ 62/hr
Technician............................................................................... $52/hr
Drafting................................................................................... $42/hr
Secretarial............................................................................... $36/hr
Please Note: It is the policy of Spring Brook Planning Group, LLC, to provide
detailed time and billing information, upon request, for planning, landscape
architecture, engineering and surveying services based on hourly rates.
*Effective June 28, 2005
GENERAL CONDITIONS of AGREEMENT
Opinions of Probable Construction Cost. In providing
opinions of probable construction cost, the Client
understands that SPRING BROOK PLANNING GROUP,
L.L.C. (hereinafter referred to as "the Consultant") has no
control over the cost or availability oflabor, equipment, or
materials, or over market conditions of the Contractor's
method of pricing, and that the Consultant's opinions of
probable construction costs are made on the basis of the
Consultant's professional judgement and experience.
Since the Consultant cannot control the aforementioned
factors, the Consultant does not assume responsibility
should the bids or the negotiated cost of the Work vary
from the Consultant's opinion of probable construction
cost.
Construction Observation. The Consultant shall visit the
site at intervals agreed to in writing by the Client and the
Consultant, in order to observe the progress and quality of
Work completed by the Contractor. Such visits and
observation are not intended to be an exhaustive check or
a detailed inspection of the Contractor's work, but rather
are to allow the Consultant, as an experienced
professional, to become generally familiar with the Work
in progress and to determine, in general, if the Work is
proceeding in accordance with Contract Documents.
Recommendation for Payment. By recommending any
payment, the Consultant will not thereby be deemed to
have represented that exhaustive, continuous or detailed
reviews or examinations have been made by the
Consultant to check the quality of the Contractor's work.
By recommending payment, no responsibility shall be
imposed on the Consultant to make any examination to
ascertain how or for what purposes the Contractor has
used the monies paid on account of the Contract Price, or
to determine that title to any of the work, materials or
equipment has passed to the Client free and clear of any
liens, claims, security interests, or encumbrances, or that
there may not be other matters at issue between the Client
and the Contractor that might affect the amount that
should be paid.
Jobsite Safety. Neither the professional activities of the
Consultant, nor the presence of the Consultant or its
employees and sub consultants at a construction/project
site, shall relieve the General Contractor of its obligations,
duties and responsibilities including, but not limited to,
construction means, methods, sequence, techniques, or
procedures necessary for performing, superintending, and
coordinating the Work in accordance with the contract
documents and any health or safety precautions required
by any regulatory agencies. The Consultant and its
personnel have no authority to exercise any control over
any construction contractor or its employees in connection
with their work or any health or safety programs or
procedures. The Client agrees that the General Contractor
shall be solely responsible for jobsite safety, and warrants
that this intent shall be carried out in the Client's contract
with the General Contractor. The Client also agrees that
the Client, the Consultant and the Consultant's
subconsultants shall be indemnified by the General
Contractor and shall be made additional insureds under
the General Contractor's policies of general liability
Insurance.
Liability. In performing its professional services, the
Consultant will use that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable
members of its profession practicing in the same or similar
locality at the time the services are provided. In
accordance with federal law, it will be the responsibility of
the Client and Contractor to comply with NPDES
permitting requirements. The Consultant will assist the
Client in identifying qualified firms for the preparation of
the SWPPP and NPDES permit application. No warranty,
express or implied, is made or intended by the
Consultant's undertaking herein or its performance of
services hereunder, and it is agreed that the Consultant is
not a fiduciary with respect to the Client. To the fullest
extent of the law, and notwithstanding any other
provisions of this Agreement, the total liability, in the
aggregate ofthe Consultant and the Consultant's officers,
directors, employees, agents and subconsultants to the
Client or to anyone claiming by, through or under the
Client, for any and all claims, losses, costs or damages
whatsoever resulting from or in any way related to the
services under this Agreement from any cause or causes
including, but not limited to, the negligence, professional
errors or omissions, strict liability or breach of contract or
any warranty, express or implied, of the Consultant or the
Consultant's officers, directors, employees, agents, or
subconsultants shall not exceed the total compensation
received by the Consultant under this Agreement or
$50,000, whichever is greater. Under no circumstances
shall the Consultant be liable for lost profits,
consequential damages, or for extra costs or other
consequences, due to changed conditions or for costs
related to the failure of the Contractor to perform the
Work in accordance with the plans and specifications.
Further, the Consultant shall not be liable for any penalties
incurred by the Client and/or Contractor related to
compliance with all federal, state and local stormwater
protection regulations and erosion control requirements.
The Consultant will require professional associates and
consultants to assume all liability arising from
professional acts, errors and omissions resultant from their
services. The Consultant will not assume any liability for
damages resulting from such acts, errors or omissions.
Use of Documents. All documents, including but not
limited to drawings, specifications and data or programs
stored electronically, prepared by the Consultant are
related exclusively to the services described herein. They
are not intended or represented to be suitable for partial
use or reuse by the Client or others on extensions of this
project or on any other project. Any modifications made
by the Client, or any partial use or reuse without written
authorization or adaptation by the Consultant will be at the
Client's sole risk and without liability or legal exposure to
the Consultant, and the Client shall indemnify, defend,
and hold the Consultant, its officers, directors, employees,
and subconsultants harmless from all claims, damages,
losses, and expenses, including but not limited to
reasonable attorneys' fees and defense costs, resulting
therefrom. Any authorization or adaptation will entitle the
Consultant to further compensation at rates to be agreed
upon by the Client and the Consultant.
SPRING BROOK PLANNING GROUP, L.LC., Page 1 of2
GENERAL CONDITIONS of AGREEMENT
Ownership of Instruments of Service. All reports,
drawings, specifications, computer files, field data, notes
and other documents and instruments prepared by the
Consultant as instruments of service shall remain the
property of the Consultant. The Consultant shall retain all
common law, statutory and other reserved rights,
including the copyright thereto. The Consultant shall not
be required under this Agreement to provide any
drawings, reports or data on any form of electronic media
to the Client.
Assignment. Neither party to this Agreement shall
transfer, sublet or assign any rights under or interest in this
Agreement (including but not limited to monies that are
due or monies that may be due) without the prior written
consent of the other party. Subcontracting to
subconsultants normally contemplated by the Consultant
shall not be considered an assignment for purposes of this
Agreement.
Suspension of Services. Ifthe Project or the Consultant's
services are suspended by the Client for more than thirty
(30) calendar days, consecutive or in the aggregate, over
the term of this Agreement, the Consultant shall be
compensated for all services performed and reimbursable
expenses incurred prior to the receipt of notice of
suspension. In addition, upon resumption of services, the
Client shall compensate the Consultant for expenses
incurred as a result of the suspension and resumption of its
services, and the Consultant's schedule and fees for the
reminder of the Project shall be equitably adjusted.
If the Consultant's services are suspended for more than
ninety (90) days, consecutive or in the aggregate, the
Consultant may terminate this Agreement upon giving not
less than seven (7) calendar days' written notice.
If the Client is in breach of the payment terms or
otherwise in material breach of this Agreement, the
Consultant may suspend performance or services upon
seven (7) calendar days' notice to the Client. The
Consultant shall have no liability to the Client, and the
Client agrees to make no claim for any delay or damage as
a result of such suspension caused by any breach of this
Agreement by the Client. Upon receipt of payment in full
of all outstanding sums due from the Client, or curing of
such other breach which caused the Consultant to suspend
services, the Consultant shall resume services and there
shall be an equitable adjustment to the remaining project
schedule and fees as a result of the suspension.
Termination. The obligation to provide services under this
Agreement may be terminated by either party upon seven
(7)days' written notice in the event of substantial failure
by the other party to perform in accordance with the terms
hereof through no fault of the terminating party. The
Client may terminate this Agreement for the Client's
convenience and without cause upon giving the
Consultant seven (7) days written notice. In the event of
any termination, the Consultant will be paid for all
services rendered and expenses incurred to the effective
date of termination, and other reasonable expenses
incurred by the Consultant as a result of such termination.
Dispute Resolution. All claims by the either party arising
out of this Agreement or its breach shall be submitted to
mediation in accordance with the Construction Industry
Mediation Rules of the American Arbitration Association
prior to the filing of a civil action. Any mediation or civil
action by either party must be commenced within one year
of the accrual of the cause of action, but in no event later
than allowed by applicable statutes.
Attorney's Fees. In the event of any litigation arising
from or related to this Agreement or the services provided
under this Agreement, the prevailing party shall be entitled
to recover from the non-prevailing party all reasonable
costs incurred, including staff time, court costs, attorney's
fees and all other related expenses in such litigation.
Litigation Services. Serving or preparing to serve as a
consultant or witness for the Client in any litigation,
mediation, arbitration or other legal administrative
proceeding involving the Project is considered a special
service and is reimbursable on an hourly basis and for
actual out-of-pocket expenditure. Compensation for
required independent professional associates and
consultants will be on an actual cost basis.
Governing Law and Jurisdiction. The Client and the
Consultant agree that this Agreement and any legal actions
concerning its validity, interpretation and performance
shall be governed by the laws of Texas.
It is further agreed that any legal action between the Client
and the Consultant arising out of this Agreement or the
performance of the services shall be brought in a court of
competent jurisdiction in the County in which the project
is located.
Severability. Any term or provision of this Agreement
found to be invalid under any applicable statute or rule of
law shall be deemed omitted and the remainder of this
Agreement shall remain in full force and effect.
Entire Agreement. This Agreement contains the entire
and fully integrated agreement between the parties hereto
and supersedes all prior and concurrent negotiations,
representations, agreements, or understandings, whether
written or oral. This Agreement can be supplemented or
amended only by a written document executed by both the
Consultant and the Client. Provided, however, that
conflicting or additional terms on any purchase order
issued by the Client shall be void and are hereby expressly
rejected by the Consultant. In the event any conflict
should occur between these General Conditions and any
other sections of this Agreement, these General
Conditions will be subordinate to said other sections.
SPRING BROOK PLANNING GROUP, L.L.c., Page 2 of2