HomeMy WebLinkAboutResolution No. 05-94
RESOLUTION NO. 05- 9J1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND HALFF ASSOCIATES FOR
PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS
FOR UTILITY RELOCATIONS AND IMPROVEMENTS FOR THE
WIDENING OF F.M. 423, 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: PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR UTILITY RELOCATIONS AND IMPROVEMENTS
FOR THE WIDENING OF F.M. 423; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with HALFF ASSOCIATES, 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 $750,000.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Engineering 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 of $691,900.00 as the base amount, plus a $58,100.00 contingency
amount for a total not to exceed $750,000.00, and the City Manager is hereby authorized to execute
the Agreement on behalf ofthe 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 17th day of
63918
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into the /7 day of (j t.T ,2005, 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 FM 423 Utility Relocations.
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, cotrect or revise any
erro~s or deficiencies in the design, drawings, specification , 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 constru$d to operate as a
waiver of any rights under this Agreement, and UNDERSIIGNED shall be an
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 writing.
B. The total amount paid to UNDERSIGNED shall not exceed a maximum fee of
$691,900 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 provide for under this
Agreement in a proper, efficient and professional, manner i accordance with
the CITY'S requirements. Both parties have agreed to the provisions of this
Agreement in anticipation of the orderly and continuous progress of the
Page 2
r
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 salme 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 UN[)ERSIGNED shall
have made written request upon the CITY for such extensidn 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, form 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 1xcept where the
UNDERSIGNED participates in such other work. I
C. The UNDERSIGNED agrees to and does hereby grant to t~e CITY a royalty-
free license to all such instruments of service, which the I UNDERSIGNED
I
Page 3
may cover by copyright, and to all designs as to which thle UNDERSIGNED
may assert any rights or establish any claim under th~ 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
TERMINA liON
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 FM 423 Utility Relocations project.
ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain workers' Compensation with
statutory limits.
I
B. UNDERSIGNED shall provide and maintain in full force an~ effect during the
time of this Agreement, auto insurance (including, but not Ii ited to, insurance
covering the operations of owned and non-owned autom biles, trucks and
Page 4
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 Ins~rance must name
the CITY as an additional Insured. :
!
I
D. UNDERSIGNED shall provide and maintain Professional lLiability Errors and
Omissions insurance coverage to protect the UNDERSIGrtJED 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 ($500,000) Dollars aggregate. Such insurance shall be
kept in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that time, the
CITY may pay the premiums to keep the insurance in effect and recover the
cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to the CITY
before any services are performed. Such Certificate shall provide thirty (30)
days written notice to the CITY prior to the cancellation or modifications of
any insurance referred to therein and continue to issue such certificate for
four (4) years after completion of the contract.
ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCE
UNDERSIGNED further specifically obligates itself to the CITY in the following,
to-wit:
The UNDERSIGNED hereby agrees to protect, indemnify and hold harmless the
CITY, their officers, agents, servants and employees (hereinafter individually and
collectively referred to as "lndemnitees"), from and against suits, actions, claims, losses,
liability or damage of any character, and from and against costs and expenses,
including, in part, attorney fees incidental to the defense of such suit$, actions, claims,
losses, damages or liability on account of injury, disease, sickness, irl1c1uding death, to
any person or damage to property including, in part, the loss of use r' suiting therefrom
arising from any negligent act, error, or omission of the UNDERSI NED, its officers,
employees, servants, agents or subcontractors, or anyone Ise under the
UNDERSIGNED'S direction and control and arising out of, resulting f m, or caused by
the performance or failure of performance of any work or services ailed for by this
Page 5
Agreement, or from conditions created by the performance or non-Prrformance of said
work or services. In the event one or more of the Indemnitees is de~ermined by a court
of law to be jointly or derivatively negligent or liable for such dan(1age or injury, the
UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as pr~vided 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 shalll 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 ad 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 and 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 XI
ASSIGNMENT
UNDERSIGNED shall not assign or sublet this Agreement or any part thereof,
without the written consent of the CITY. Sale of more than fi y (50%) percent
ownership of the UNDERSIGNED shall be construed as an assign me t.
Page 6
ARTICLE XII
APPLICABLE LAWS
UNDERSIGNED shall comply with all Federal, State, County qnd Municipal laws,
ordinances, regulations, safety orders, resolutions and building cddes, including the
Americans With Disabilities Act, relating or applicable to service to b~ performed under
this Agreement. !
This Agreement is performable in the State of Texas and sh$1I 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 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 ~en (10) days after
written notice by the CITY to the UNDERSIGNED, the CITY may, a~ 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, sU~Plies and/or help
necessary to remedy the situation, at the expense of the UN1DERSIGNED.
Page 7
-- I
ARTICLE XIV
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 th~ CITY prior to the
performance of such services. I
ARTICLE XV
EXECUTION BECOMES EFFECTIVE
This Agreement will be effective upon execution of the contract by and between
the UNDERSIGNED and the CITY.
ARTICLE XVI
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 XVII
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 Agr ement on this the
---t-=L day of Va, , 2005.
CITY:
~~ cleL.
NED:
By: Dale Cheatham
B:
Title: City Manager
i
Title: Vice Presiden1
Address: 6800 Main Street
The Colony, Texas 75056-1333
Address: 4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
Attest:
I
11AJ.1JJ-1/l1
Approved as to Contelht:
~ctor
Page 9
EXHIBIT "A"
SCOPE OF WORK
for
Construction Plans, Specifications and Estimate
FM 423 Utility Relocations
in
THE COLONY
1. Description:
The project will involve relocation of the existing water and sani ary sewer lines in
FM 423 from SH 121 to the north city limit line in order to ccommodate the
proposed highway construction. Also included will be the desi n of new 24-inch
water mains (1) along the FM 423 from the Office Creek Pum Station to North
Colony Blvd and (2) from Office Creek Pump Station to Coug. r Alley along the
Lewisville Independent School District property. Services will include design
surveys; subsurface utility engineering (SUE); coordination r' ith TxDOT and
franchised utilities; preparation of plans, specifications and, cost estimates;
preparation of right-of-way documents; and construction services~' Utility relocations
will not be bid as a separate project. The utility relocation plans ill be incorporated
into the TxDOT roadway plans and bid with the TxDOT work'i Throughout the
project Halff will coordinate with the City, TxDOT, TxDOT's consultant, and
franchised utilities to produce plans that meet the requirements of the project and to
do so in an expeditious manner.
2. Work Plan:
A. Surveying: The Consultant shall provide surveying s~rvices, which, in
general, may be defined as normal services applicable tq a project of this
type. It is assumed TxDOT will furnish base design ~Ies for proposed
roadway improvements. Supplemental survey work will be required,
especially for work outside of the right-of-way. The following particulars will
also apply.
1. Supplemental surveys will only be performed when TxDOT surveys are
inadequate, incomplete, or work is outside of the TxDOT right-of-way.
The Consultant will obtain written approval from the City of The Colony
prior to beginning supplemental survey work.
2. Vertical benchmarks shall be established such th~t all points of
construction shall be within 500 feet of a benchmark. B nchmarks should
not be subject to loss during construction. Fire hyd ants and similar
appurtenances are not to be used for benchmarks. Hori ontal control and
benchmarks will be established on the datum used by Tx ~T.
A-1
3. Topographic features will be surveyed along with ny and all other
features needed for design, review, permitting, constru ion and inspection
of the project. Coverage will extend beyond the pro sed rights-of-way
far enough to integrate the design with the adjacent pro erties.
4. Existing property corners, iron pins, etc. shall be tie into established
existing rights-of-way. Prior to surveying on private pro erty, the surveyor
shall secure permission from the property owners nd/or tenant. If
permission cannot be obtained, the City will assist or 0 her arrangements
worked out.
B. Subsurface Utility Engineering (SUE). Existing water nd sanitary sewer
lines will be excavated using Consultant's vacuum excav tion equipment in
order to determine the precise location of the existing wat r and sewer lines
at the points of tie-ins and at other critical locations. Subs rface engineering
will be performed by TxDOT and it is intended that this work supplement
TxDOT efforts. The Consultant will obtain written approv I from the City of
The Colony prior to beginning supplemental SUE work.
C. Right-of-Way Determination. In areas of heavy congestidn of utilities, water
and sewer lines must be placed in easements adjacent t~ the right-of-way.
Right-of-way plans, exhibits and legal descriptions for all right-of-way and
easement acquisition required for construction of the proje~t will be prepared
as follows:
1. Right-of-way plans shall include City title bloc~, location map,
monumention, ties to project centerline, area required, area remaining,
parcel number, owner of record, and existing easemehts. Right-of-way
plans shall be included in the construction plans.
2. Individual Exhibits shall be on 8-1/2" x 14" paper and ~hall 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 olner of record and
shall be incorporated into the standard City of The olony easement
instrument document. Individual parcels shall be cross- eferenced on the
plan and profile sheets. i
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 sh II be furnished to
the City on a disk or CD ROM in Microsoft Word or Word erfect format.
D. Construction Plans: The Consultant shall develop cons ruction plans for
review, permitting, bidding, construction, inspection and record keeping.
A-2
r
i
i
Plans shall be prepared for incorporation into TxDOT road;aY plans and shall
be prepared in TxDOT format on TxDOT standard she ts. Plans will be
formatted for printing on 11" x 17" sheet size. The con truction plans will
consist of numerous sheets ordered as follows:
1. Proiect Layout Sheet(s). The project layout sheet(s) ill be drawn to a
scale of 1" = 1 00' and laid out with the north arrow to the right. The
purpose of the project layout is to depict the project i a simplified view.
Major items of work will be shown without excessive d tail. This sheet(s)
will include a listing of abbreviations, legend, general no es, and key map.
2. Typical Sections. Typical sections shall be drawn to cales of 1" = 5' h
and 1" = 2' v and shall depict a view looking north or ea t. As a minimum,
typical sections will be drawn showing the relationshi of the proposed
water and sewer lines and existing or future street impr vements. Typical
sections will include existing roadways, utilities, right f-way lines, etc.,
along with all proposed utility and highway improveme ts and will depict
all significant items of work.
3. Plan and Profile Sheets. Plan-profile sheets will be artanged 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 I of 1" = 40' hand
1" = 4' v. Stationing will be from south to north or we~t to east with the
beginning station being set at approximately 0+00. I Each plan-profile
sheet will include no more than 500 feet of water oisewer line; thus,
leaving ample margins both left and right. The plan an profile station will
align vertically on the sheet with the proposed centerlin drawn parallel to
the profile grid. When there is a centerline curvature, t e plan-profile will
be drawn so that as much of the plan view is in alignment as possible.
Plan-profile sheets shall depict all existing and propose~ items pertinent to
the project.
4. Detail Sheets. The City's standard drawings will be us~d as a beginning
point in developing standard details for this project. Th~y will be reviewed
and modified for this project. Where other agency st~ndards are used,
they shall be reduced as necessary to fit on the City s standard sheet
format with complete title block. All details necessa to construct the
project will be included in the plan set.
5. Miscellaneous. Construction plans will also address ero$ion control, traffic
control (including detours, road closures, signing, barricading, etc.) and all
other improvements.
6. Review Plans - The Consultant shall develop prelimin ry route location
drawings 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. Preparation of
A-3
r -
I
preliminary plans will begin after receipt of roadwa "plans adequate"
plans from TxDOT. Preliminary plans shall then be prepared and
submitted at the 65% milestone. Final plans shall be prepared and
submitted at the 100% milestone. Also, the Consulta t may submit plan
sheets or working drawings to the City for review and omment to reduce
the number of revisions that otherwise would be required. During
development of the plans, the Consultant shall attend eetings with City,
TxDOT, and franchised utilities as needed or requeste . The Consultant
shall, in company with the City, perform at least one pia s-in-hand review.
7. DesiQn - The design of the project shall be in general a cordance with the
City of The Colony ordinances, standard details, and good engineering
practices. During the design phase, the Consultant sh II contact various
utility companies and obtain information relating to existi g utility lines.
8. Reimbursement - Consultant will complete forms, exhi its, cost estimates
and other submittals necessary to determine the eligibility of cost
reimbursement due the City from TxDOT and as docu entation for final
payment. Consultant will meet with TxDOT and ,ssist the City in
negotiations as needed. i
9. Prints - The Consultant shall provide prints of con truction plans for
review and permitting. Four sets of plans will be submi ed to the City for
each review stage. The Consultant will provide utilit companies with
copies of preliminary and final plans for review.
E. Specifications: The Consultant shall prepare general otes and special
specifications for incorporation into TxDOT plans and bid d cuments. Project
notes, special specifications, bid items and quantities sha I be furnished on
hard copy and by electronic file.
F. Estimates: Estimates of probable cost, including item reimbursable by
TxDOT, will be developed at each milestone submittal.
G. Construction Services:
1. Construction - The Consultant will attend the pre-con truction meeting.
The Consultant's representative will visit the site a 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 ork, nor shall the
Consultant be required to perform inspection services. The Consultant
shall assist the City in the preparation of field chang s and/or change
orders that may become necessary for the orderly ompletion of the
project. The Consultant shall assist the City in perfor ing a final walk-
through inspection and prepare a written "final punch list".
A-4
2. Closure - The Consultant shall prepare "record" plan , incorporating all
changes and known variations to provide the City the est possible set of
record drawings. The final record drawings shall be fur ished on mylar, of
the same specification as provided for in the Agreement and on CD.
H. Permitting. The Consultant shall determine the d sign criteria and
requirements for relocation of utilities with FM 423 r ght-of-way. The
Consultant shall prepare the crossing permit applications nd exhibits for the
purpose of acquiring TxDOT utility crossing permits.
I. Miscellaneous. Miscellaneous services not provided f r herein and not
generally associated with a project of this type will be aid for under an
amendment to this Agreement and for an additional fee.
J. Schedule. Based on the preliminary project timeline (atta hed), we assume
"plans adequate" or 60% complete TxDOT plans will be vailable in March
2006. Accordingly we have attached a project sched Ie based on the
assumptions of the project timeline. No substantial esign work can
commence until the "plans adequate" are furnished. Any elay in producing
"plans adequate" will require a corresponding delay in proje t schedule.
A-5
EXHIBIT "B"
COMPENSATION
for
Construction Plans, Specifications and Estimat
FM 423 Utility Relocations
in
THE COLONY
Exhibit "B" defines the basis of compensation to the Consultan for the services
rendered.
A. Lump Sum Fees - The total maximum lump sum fee f r the design and
construction administration services as described in Exhibit" "will be $438,700
which includes printing, direct costs and computer charges n rmally associated
with production of these services and reproduction of up to ifteen (15) sets of
plans for review purposes.
The basis of compensation for Basic Fee services shall be as ~ lIows:
1. $416,700 for Plans, Specifications, and Estimates
2. $22,000 for Construction Services
B. Special Services - The basis of compensation for Special S rvices shall be as
follows
1. The maximum fee for Supplemental Design Surveys hall be $90,000.
Supplemental design surveys will be provided on a time an material basis at
a rate of 2.3 times salary cost for persons directly eng ged in the work.
Printing, reproduction and other direct costs shall be provi ed on a basis of
1 .10 times actual cost.
2. The maximum fee for Subsurface Utility Engineering shall e $19,200. Utility
lines will be uncovered at a cost of $1 ,200 per each location and will be based
on the actual number located.
3. The maximum fee for Easement Documents shall be $14 ,000. Easement
documents will be prepared only as needed and is based 0 preparing a total
of 72 easement documents. The lump sum fee will be ba ed on $2,000 per
easement document prepared and will be based on the ctual number of
easement documents prepared.
B-1
c. Billing Schedule - Services will be billed in accordance with the following
schedule:
1. A lump sum of $250,000 upon submittal of preliminary pi ns (65% complete
plans) (a portion of Item A.1).
2. A lump sum of $166,700 upon submittal of final plans (100 Yo complete plans)
(a portion of Item A.1 ).
3. Lump sum fees of $5,500, each payable at 25%, 50%, 5% and 100% of
construction completion, for a total lump sum fee of $22,0 0 (Item A.2).
4. Special services shall be billed monthly in accordance with tems B.1, B.2 and
B.3. The maximum fee for all special services shall be $25 ,200.
The total maximum fee for all services shall be $691,900.
B-2
HALFF ASSOCIATES, Inc.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
(817) 847-1422
CLIENT: The Colony
PROJECT: SH 423 Utility Relocation Estimates
ESTIMATE OF PROBABLE COST
SUMMARY
Line
No. Descri tion
Amount
in ROW
$
38,000 $
$
28,000 $
87,000 $
1 12" Water Line Relocation $
2 12" Water Line Relocation $
3 12" Water Line Relocation $
4 Sanitary Sewer .outs, ide of Construction Area
5 8" Water Line Relocation $
6 18" SanitarySewer Relocation $
7
8 8" Waterline Relocation $ 30,000 $
9 8" WaterLine Outside of Construction Area
10 24" Water Line Relocation $ 286,000 $
11 Sanitary Sewer Outside of Construction Area - Part of Line #4
12 16" WaterLine Relocation $ 78,000 $
13 8" Water Line Relocation $ 27,000 $
14 12'; WaterL.ineRelocation $ 592,000 $
15 12"Waterl-ineRelocation $ 32,000 $
16 12" Water Line Relocation $ 124,000 $
17 II" Sanitary SewerRelocation $ 28,000 $
18 6",8",& 12" Sanitary Sewer Relocation $ 289,000 $
19 6"SanitaryseYierRelocation $ 28,000 $
20 12" Water Line Relocation $ 27,000 $
21 12" Sanitllry Sewer Relocation $ 57,000 $
22 No evidence of Une on recorddrawings
23 ,8" Wate,r L,ine Relocation $ 41,000 $
24 10" Sanitary Sewer Relocation $ 81,000 $
25 12" Water Line Relocation $ 38,000 $
26 10" SanitarySeYierRelocation $ 52,000 $
27 6" Water Line Outside Construction
28l1"SanitarySewer()lJtSicte Construciton
29 8" SanitarySewer Relocation $ $
30 6" Sanitary Sewer Relocation $ 23,000 $
31 8" Water Line Relocation $ $
32 ,6" Sanitary Sewer Relocation $ $
33 8" & 16" Water Line Relocation $ 86,000 $
34 24" Water Line Relocation $ 88,000 $
35 24" Water Line Relocation $ 775,000 $
36 8" Wate,r Line Relocation $ 10,000 $
37 16" Water Line Relocation $ 67,000 $
38 8"vvater Line Relocation $ 170,000 $
39 ,30" Sanitary Sewer Relocation $ 52,000 $
40 Noevidenceof line on record drawings
41 .24", vvaterLineCrossingincorporated into Line #35
42 1 O"SanitarySewer Relocation $ 35,000 $
43 6',' ,& 30" Sanitary Sewer Relocation $ 185,000 $
446" !ianitary Sewer Relocation $ 85,000 $
45 8" Water Line Relocation $ 27,000 $
46 II"SanitarySewerRelocation $ 34,000 $
47 6" Sanitary Sewer Relocation $ 105,000 $
48 16" Water Line Relocation $ 90,000 $
49 6" Sanitary Sewer Relocation $ 17 ,000 $
100 12" Water Line
101 12" Water Line
102 30", Water Line to Replace 24" Line #1,0
103 12" Water Line
104 12" Water Line
105 12" Water Line
106 12" Water Line
107 12" Water Line
108 12" Water Line
109 12" Water Line
110 12" Water Line
111 12" Water Line
112 24" Water Line
200 24" Water Line from Pump Station to Cougar Alley
FILE NAME
DATE
PREPARED BY
AVO
050121ce
9/16/2005
DWH
22751
30,000 $ 30,000 $ 30,000
13,000 $ 51,000 $ 51,000
37,000 $ 37,000 $ 37,000
10,000 $ 38,000 , $ 38,000
23,000 $ 110,000 $ 110,000
8,000 $ 38,000 $ 38,000
17,000 $ 303,000 $
17 ,000 $ 95,000 $ 95,000
5,000 $ 32,000 $ 32,000
$ 592,000 $ 592,000
8,000 $ 40,000 $ 40,000
$ 124,000 $ 124,000
$ 28,000 $ 28,000
$ 289,000 $ 291,000
$ 28,000 $ 33,000
7,000 $ 34,000 $ 34,000
$ 57,000 $ 57,000
3,000 $ 44,000 $ 44,000
6,000 $ 87,000 $ 87,000
$ 38,000 $ 38,000
13,000 "$ 65,000 $ 65,000
32,000 $ 32,000 $ 32,000
11,000 . $ 34,000 $ 34,000
61,000 $ 61,000 68,000
27,000 $ 27,000 27,000
26,000, $ 112,000 116,000
$ 88,000 88,000
3,000;, $ 778,000 778,000
17,000 $ 27,000 34,000
9,000 $ 76,000 76,000
1$ 170,000 215,000
19,000 $ 71,000 71,000
1$ 35,000 35,000
$ 185,000 $190,000
$ 85,000 92,000
'$ 27,000 27,000
23,000 $ 57,000 57,000
$ 105,000 ,113,000
$ 90,000 90,000
$ 17,000 20,000
38,000
157,000
366,000
142,000
94,000
30,000
140,000
212,000
24,000
80,000
70,000
27,000
,389,000
221,000
~~~~
f3~~~
~~~r::'
8~~~
",Ot:
~~~
u.Ot:
u.u.o
-'ou.
<(0
Io
...
w
"
~
.c
u
w
w
il
e
0.
~
",ON
~Q)~
~ ~ Q.
.. Z
~~~
w
z
::i
w
:E
i=
wC
-1Z
::><1:
CtIl
WtIl
J:W
Uu
tIlO
0::
11.
M
'"
..,.
:E
u.
u
w
0
16
Z
t-
U
0
11.
W
(j)
C>
::>
<(
...J
I'- ::>
0 -,
0 Z
'" ::>
-,
>=
<(
:E
0::
11.
<(
~
:E -
CO
w
u.. -
Z
<(
-, -
U
W
C
"6
Z
IF
U
0
11.
W
(j)
~
<(
...J
U)::>
0-'
Oz
"'::>
-,
~
:E
0::
11.
<(
~
:E
CO
w
u..
Z
<(
-,
U
w
C
6
z
t-
"'u
00
011.
"'w
(j)
rg
<(
...J
::>
-,
z
::>
-,
CD CD CD CD I'- I'- Ol
J: 0 0 0 9 0 0
!::2 Q) Q) 9 0, U U C U
z Qi Qi :; :J Q) Q) i5. :J Q)
u: a. a. 7 1= 9 9 1= 7 9
E E
-- 0 0
u U ILl ILl CD CD I'- I'- I'-
t- -" -" 0 0 9 0 0 0
tIl 0:: <I) <I) 9 0, C lii C .!. C
W ~ '" '" :; :J '" '" a. :J
t- t- t- 7 1= 7 ~ 7 1= 7
<I: (j)
C
t5
~
t5 C w <I)
c
~ 0 o/f '"
C u (j) a:
c c 11.
0 0> 0 >. c
tIl U 0> .00 ~ '" 0 c
~ c .!: Q) ~ ~ .Q
tIl 0> Qi 0 :; "0 0 m
~ .00 Q) 0 0- '" 0 ~
Q) :E ~ 0 0 (jj
0 <( 0:: 0:: :0
"0 :t:: E S 0 0
lii 0 Q) ~ :E c
-" .c 0 c
~ 0 0 0:: Q ~ t5 <5 .Q
<( ~ (j) Q) t5
C') "0 Q) m 0 'e- t5 2
c > lii ~
0 N C 0 11. u;
C .... '" i5. a. a. C c
Q) :E <( a. ~ ~ "0 0 0
0 u.. w <( 11. 11. iii u u
ci ~ N C') .... ILl CD I'- co Ol
Z
~
o
~i~~
0"*~~
WoWv
~~~~
oQ)~T-
gl5€~
~~~
tt~-g
-'0"-
<<0
IO
...
o
X
,;
~
g
.....
o
I.O:gN
o ...
g~~
;::::mQ..
*~g
Di.i:<{
~
0
16
z
f-
0
0
0..
W
C/)
0
::>
<(
....J
.... ::>
0 -,
0 Z
N ::>
-,
~
~
a:::
0..
<(
.~
~ I--
III
W
LL I--
Z
<(
-, fo-
0
w
0
6
z
f-
U
0
0..
W
C/)
Ig
<( -
....J
CI) CD ::>
:; 0 -,
't:l 0 Z
CI) N
.c ::>
u -,
II) '~
c:
w.2 ~
..J- a:::
:;)l'CI
og 0..
w- <(
x: CI) I~
(,)0::
II)~ ~
:;:l III
:;) W
LL
M Z
N
'It <(
:E -,
II.. ~
0
6
.,,~
go
N2-
0..
w
~
::>
<(
I LO <0 <0 <0 <0 <0 <0 <0 <0 <0 .... I'- Ol
0 0 0 0 0 9 9 0 0 0 0 0 0
C/) > C: .!. C, :>. Cl c, C: U .!. C: U
Z 0 '" '" :> '" "3 :> :> '" OJ a. :> OJ
u: ~ 7 f 1= f 7 1= 1= 7 9 1= 7 9
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
LO LO <0 LO <0 <0 <0 <0 <0 <0 I'- I'- I'-
f- 9 0 0 9 0 0 9 9 9 9 0 0 0
II) a::: Cl > .!. C: .!. C: .!. C:
W ~ :> '" Cl '" "3 "3 Cl Cl a.
0 :> '" :> :> '" :>
I- 1= ~ f 1= 7 f 7 7 1= 1= 7 1= 7
C'i C/)
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
c e
Ql c E
E 0 '"
OJ U .g ~ c
~ >, OJ
Cl OJ -OJ '" E
~ 5 >, :>
II) <( C;; OJ <.>
Cl :> :> ~ 0 c
:.::: c C/) <:r 2:l :> 0 c "Q
II) "00 (ij OJ ~~ C/) :2 w C;;
~ OJ 00 't:l C W C "(i; o<:l ~
OJ <( :>w OJ C/)
00 :2 '" ",::> Cl o<:l E "S 0.. :.0
"0, '5 c .oC/) "(i; C/) S- o
:>~ OJ 0.. OJ (ij
00 "0 '" '" <( ~ 00
w <( ~ C/) Cl 0 ~ :;: '" 00 0
00 (ij Ql W C IT: 0 <5 U
Ql .s:::. (ij . '= '" "S; OJ
""ffi "!Q ~f- c OJ c 00 ~ Ql ~ "e- o 2
0 Ql :2 "~ OJ E ~
15 :0 "-0 :; c a::: '" '" C;;
'" 2:lo :.0"0, '5 a. OJ a. 0.. C
Cl C;; ~ .?;> Ql '" ~ "0 C
OJ OJ >< "0 00 "0 '" 0 0
z w a:::f- <(w <( 0.. 0 0: w 0.. iD 0 0
d ~ N M 'It lO <0 I'- co Ol 0 I'- co Ol
Z ~
~
a
ACORQM
CERTIFICATE OF LIABILITY INSURANCE
FAX (972)581-4850
r
PROOUCER (972) 581- 4800
Bell Insurance Agency
16980 Dallas Parkway
Dallas, TX 75248
Suzanne Flores
INSURED Half'f' Associates, Inc.
Mr. Roger Burns
8616 Northwest Plaza Dr.
Dallas, TX 75225
DATE (MM/DDIYYVY)
09/19/2005
THIS CERTIFICATE IS ISSUED Al A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE Dg~S NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORL ED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAG
INSURER A Republic Companie~ Group
INSURER B: Continental Casual ty Company(CNA)
NAlC#
INSURER c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE RIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC US IONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR IADD'L
TYPE OF INSURANCE
A
GENERAL LIABILITY
-
X COMMERCIAL GENERAL LIABILITY
- b CLAIMS MADE [!J OCCUR
Jf Contractual Liab
-
'-
GEN'L AGGREGA TE LIMIT APPLIES PER:
I POLICY m j&-i n LOC
AUTOMOBILE LIABILITY
-
X ANY AUTO
J.--
A
I---
Jf
-
~
-
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-QWNED AUTOS
A
RGARAGE LIABILITY
ANY AUTO
~ESS/UMBRELLA LIABILITY
-.!J OCCUR 0 CLAIMS MADE
I DEDUCTIBLE
X1 RETENTION $ 10, 00t!
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
A
,ig~SSIONAL LIABILITY
B /claims Made
POLICY NUMBER PRH.~Y EFFECTIVE Pg~!f/ EXPIRATION
TXP56543985-00 07/12/2005 07/12/2006
LIMITS
EACH CCURRENCE $ I,OOO,OOC!
DAMAG TO RENTED , $ 100,00C!
MED E P (Anyone person) $ 10,00C!
PERSO AL & ADV INJURY $ I,OOO,OOC!
GENER LAGGREGATE $ 2,000,00C!
PRODU TS - COMP/OP AGG $ 2,000,00C!
TCA5643986-00 07/12/2005 07/12/2006 COMBI~ D SINGLE LIMIT
(Ea acci ent) $
BODILY NJURY $
(Per per n)
BODILY NJURY $
(Per acci ent)
PROPE TY DAMAGE $
(Per acci ent)
AUTO 0 L Y - EA ACCIDENT $
OTHE~i HAN EA ACC $
AUTOO LY: AGG $
UMB5643987-00 07/12/2005 07/12/2006 EACH OC CURRENCE $
AGGREG TE $
$
$
$
WC5643988 07/12/2005 07/12/2006 X I 'f'/.,~ !~~~~ I IOJ~-
I,OOO,OOC!
5,000,OOC!
5,000,00C!
E.L. EAC ACCIDENT $ I ,000, DOC!
E.L. DISE SE. EA EMPLOYEE $ I , 000, DOC!
E.L. DISE SE - POLICY LIMIT $ I ,000, DOC!
AEE008220956 07/09/2005 07/09/2006 $5, 00,000 Per Claim Limit
$5, I 00,000 Aggregate Limit
~ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
pef': FM423 Utility Relocations (P.4314)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POll IES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INS RER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTI ICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL 1M OSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE ~ ~.,.A.....
Thomas .J. Ashlev/SHF ~r ~
City of' The Colony
Att'n: Gordon Scruggs, P.E. City Engineer
6800 Main Street
The Colony, TX 75056
ACORD 25 (2001/08) FAX: (972)624-2298
@ACORD CORPORATION 1988
L _
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.) statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsem nt(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certi icate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contrac between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nc r does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies lis ed thereon.
ACORD 25 (2001/08)