HomeMy WebLinkAboutResolution No. 05-107
RESOLUTION NO. os-liP}
ORIGINAL
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
ASSESSMENT OF DEFECTIVE INFRASTRUCTURE AND PREPARE
CONSTRUCTION PLANS, SPECIFICATIONS AND ESTIMATES FOR
MAINTENANCE BOND REPAIRS OF NORTHSHORE AND THE
CEDARS NEIGHBORHOODS LOCATED IN STEWART PENINSULA,
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT CHANGE ORDER; 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: ASSESSMENT OF DEFECTIVE
INFRASTRUCTURE AND PREP ARE CONSTRUCTION PLANS, SPECIFICATIONS AND
ESTIMATES FOR MAINTENANCE BOND REPAIRS OF NORTHSHORE AND THE
CEDARS NEIGHBORHOODS LOCATED IN STEWART PENINSULA; 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 $15,950.00 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 of the City of The Colony, Texas, and found
to be acceptable and in the best interest ofthe City and its citizens, be, and the same is hereby, in all
things approved in the amount of $14,500.00 as the base amount, plus a $1,450.00 contingency
amount for a total not to exceed $15,950.00, 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.
. a , City Attorney
~~~fl1. ~
Dillard, Mayor
ty of The Colony, Texas
~'~or: -i:~}.<:"
r r....;.: -'-,"',
. ..(_1 ......,. .." P""'. '..'
- :..,.'... .... \..1'\"
c) " '. \.oJ ,\\
.... ....'()\\
lJ.J / ,'. ",,;: b
. :t:: C' r- .I, t : -< ~
1-. .'''' I " "I, : "
'. .......f_,;. "'('~' ;'_~
~,~\ ' /
. .
, .
.,., .~. ~ ~-~
. " , ..
<'<(<{~'-"'i ~(.~ :' '~!..:< .
FFECTIVE this
~
day of
PASSED, APPROVED and
DECEMBER, 200S.
AT!
t1istie~~Vr-
63918
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into the Jj^" day of fu8M:: d-i 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" 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 Maintenance Bond Repairs to Stewart
Peninsula Subdivisions 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 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 lump sum fee of
$14,500 as outlined in Exhibit "B". Partial payment will be made on a monthly
basis for completed portions of the work as approved by the CITY and as
stipulated'in Exhibit "B" attached hereto and incorporated herein.
C. Upon complete performance of this Agreement by the UNDERSIGNED and
final approval and acceptance' of UNDERSIGNED'S 'service by the CITY,
CITY will make final payment to UNDERSIGNED of the balance due under
this Agreement within thirty (30) days of the following month after final
payment for such services has been billed by the UNDERSIGNED.
D. CITY may deduct from any amounts due or to become due to the
UNDERSIGNED any sum or sums owing by the UNDERSIGNED to the CITY.
In the event of any breach by the UNDERSIGNED of any provision or
obligation of this Agreement, or in the event of the assertion by other parties
of any claim or lien against the CITY, or the CITY'S premises, arising out of
the UNDERSIGNED'S performance of this Agreement, the CITY shall have
the right to retain out of any payments due or to ,become due to the
UNDERSIGNED an amount sufficient to completely protect the CITY from
any and all loss, damage or expense therefrom, until the breach, claim or lien
has been satisfactorily remedied or adjusted by the UNDERSIGNED.
ARTICLE IV
TIME FOR PERFORMANCE
A. UNDERSIGNED shall perform all services as provided for under this
Agreement in a proper, efficient and professional, manner in accordance with
the CITY'S requirements. Both parties have agreed to the provisions of this
Page 2
,
,
Agreement in anticipation of the orderly and continuous progress of the
project through completion of the Scope of Services specified in Exhibit "A",
attached hereto.
B. In the event UNDERSIGNED's performance of this Agreement is delayed or
interfered with by acts of the CITY or others, the UNDERSIGNED may
request an extension of time for the performance of same as hereinafter
provided, but shall not be entitled to any increase in fee or price, or to
damages or additional compensation as a consequence of such delays
unless such delays exceed ninety (90) days.
C. No allowance of any extension of time, for any cause whatever, shall be
claimed or make to the UNDERSIGNED, unless the UNDERSIGNED shall
have made written request upon the CITY for such extension within forty-eight
(48) hours after the cause for such extension occurred, and unless the city
and the UNDERSIGNED have agreed in writing upon the allowance of
additional time to be made.
ARTICLE V
DOCUMENTS
A. All instruments or service (including plans, specifications, drawings, reports,
designs, computations, computer programs, estimated, surveys, other data or
work items, etc.) prepared under this Agreement shall be submitted for
approval of the CITY. All instruments of service shall be professionally sealed
as may be required by law or by the CITY.
B. Such documents of service, together with necessary supporting documents,
shall be delivered to the CITY, and the CITY shall have unlimited rights, for
the benefit of the CITY, in all instruments of service, including the right to use
same on any other work of the CITY without additional cost to the CITY. If, in
the event the CITY uses such instruments of service on any work of the CITY
other than that specified in the Scope of Services, attached as Exhibit "A",
provided the UNDERSIGNED completes this Agreement, under those
circumstances the CITY hereby agrees to protect, defend, indemnify and hold
harmless the UNDERSIGNED, their officers, agents, servants and
employees, 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 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 version, or in a format compatible with the
aforementioned program. All plan documents shall be exported to an
AutoCAD 14 or higher version format.
ARTICLE VI
TERMINATION
A. The CITY or the UNDERSIGNED may suspend or terminate this Agreement
for cause or without cause at any time by giving written notice to the
UNDERSIGNED. In the event suspension or termination is without cause,
payment to the UNDERSIGNED, in accordance with the terms of this
Agreement, will be made on the basis of services reasonably determined by
the CITY to be satisfactory performed to date of suspension or termination.
Such payment will be due upon delivery of all instruments of service to the
CITY.
8. 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 properiy 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 Maintenance Bond Repairs project.
ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain workers' Compensation with
statutory limits.
B. UNDERSIGNED shall provide and maintain in full force and effect during the
time of this Agreement, auto insurance (including, but not limited to, insurance
Page 4
covering the operations of owned and non-owned automobiles, trucks and
other vehicles) protecting the UNDERSIGNED and the CITY as an additional
insured with limits not less than 250/500/100,000.
C. UNDERSIGNED shall provide general Liability Insurance. Such insurance
covering personal and bodily injuries or death shall be in the sum of not less
than Two Hundred Fifty Thousand ($250,000) Dollars per occurrence and
Five Hundred Thousand ($500,000) Dollars aggregate. Insurance covering
damages to property shall be in the sum of not less than One Hundred
Thousand ($100,000) Dollars. The General Liability Insurance must name
the CITY as an additional Insured.
D. UNDERSIGNED shall provide and maintain Professional Liability Errors and
Omissions insurance coverage to protect the UNDERSIGNED and the CITY
from liability arising out of the performance of professional services, if any,
under this Agreement. Such coverage shall be in the sum of not less than
Three Hundred Thousand ($300,000) Dollars per occurrence and Five
Hundred Thousand ($500,000) Dollars aggregate. Such insurance shall be
kept in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that time, the
CITY may pay the premiums to keep the insurance in effect and recover the
cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to the CITY
before any services are performed. Such Certificate shall provide thirty (30)
days written notice to the CITY prior to the cancellation or modification of any
insurance referred to therein and continue to issue such certificate for four (4)
years after completion of the contract.
ARTICLE VIII
INDEMNIFICATION FOR INJURY AND 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 "'ndemnitees"), 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 lndemnitee(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 ad consultants.
ARTICLE IX
INDEMINIFICATlON 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 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 the provisions of this Agreement as to the quality or character of the
service or time of performance, and the failure is not corrected within ten (10) days after
written notice by the CITY to the UNDERSIGNED, the CITY may, at its sole discretion
without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any further
consideration to the UNDERSIGNED except for all work determined by the
CITY to be satisfactorily completed prior to termination. Payment for work
satisfactorily completed shall be for actual costs, including reasonable
salaries and travel expenses of the UNDERSIGNED to and from meetings
called by the CITY at which the UNDERSIGNED is required to attend, but
shall not include any loss of profit of the UNDERSIGNED. In the event of
such termination, the CITY may proceed to complete the services in any
manner deemed proper by the CITY, either by the use of its own forces or by
resubmitting to others. In either event, the UNDERSIGNED shall be liable for
all costs in excess of the total contract price under his Agreement incurred to
complete the services herein provided for and the costs so incurred may be
due or that may thereafter become due to the UNDERSIGNED under and by
virtue of this Agreement.
B. The CITY may, without terminating this Agreement or taking over the
services, furnish the necessary materials, equipment, supplies and/or helP
necessary to remedy the situation, at the expense of the UNDERSIGNED.
Page 7
ARTICLE 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 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 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 Agreement on this the
::5-1>-,. day of () E"{f~....w J:-.r.. , 2005.
CITY:
<;)1ckL
By: Dale Cheatham
Title: City Manager
Address: 6800 Main Street
The Colony. Texas 75056-1333
Page 9
UNDER~ A 11w f ~
By: Tr~~~~Wv,W
Title: Vice President
Address: 4000 Fossil Creek Boulevard
Fort Worth, Texas 76137
Attest:
ApdJ:rn:
Department Director
EXHIBIT" An
SCOPE OF WORK
for
Maintenance Bond Repairs to Stewart Peninsula Subdivisions
in
THE COLONY
1. Description:
The project will involve developing plans for maintenance bond repairs to the
streets, sidewalks, driveway approaches and other improvements constructed
as part of two subdivisions:
· Stewart Peninsula - Northshore
· The Cedars at Stewart Peninsula
City staff has prepared a detailed list of repairs with corresponding street
addresses. Halff will inspect the subdivision and take photographs of each
repair area and make a specific recommendation for each area to be
repaired. After inspections Halff may recommend additional repairs. Repairs
may include, but will not be limited to:
· Replace Joint Sealant
· Rout and Seal Cracks in Pavement, Curbs or Other Improvements
· Sawcut and Replace Portions of Pavement Panel(s)
· Sawcut and Replace Entire Pavement Panel(s)
A brief preliminary design report will be prepared that will document each
repair site in narrative and with photographs. An estimate of probable cost
will be prepared for the work. After review and approval of the report Halff will
prepare plans and specifications for the various repairs.
2. Work Plan for Plans and Specifications:
A. Surveying: No survey work is required.
B. Right-of-Way Determination: No additional right-of-way is required.
C. Construction Plans: The Consultant shall develop construction plans
based on the original 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:
A-1
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 (Maintenance Bond Repairs - Stewart
Peninsula Subdivisions), 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 to the right
or top of the sheet. The purpose of the project layout is to depict
the project in a simplified view. Each repair item will be assigned a
unique number and keyed to the location of the repair on the sheet.
The sheet(s) will include a listing of abbreviations, legend, and
general notes. The project layout sheet will be digitized from the
plans provided by the City.
3. Detail Sheets. Typical repair details will be prepared for specific
type of repair, Le. grout and seal, remove and replace pavement
panel, etc. The summary tables prepared for the preliminary report
will be imported to the detail sheets and keyed to the repair number
shown on the layout sheets.
4. Miscellaneous - Construction plans will also address traffic control
(including detours, road closures, signing, barricading, etc.) and all
other improvements.
5. 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.
6. Prints - The Consultant shall provide prints of construction plans for
review and permitting. Two sets of plans will be submitted to the
City for each review stage. The Consultant will provide utility
companies with copies of 60% plans for review. The Engineer will
run thirty-five (35) sets of half-size prints for bidding and
construction.
7. 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
A-2
34" sheets. Construction plans shall be suitable for half-scille
reduction and shall be provided as follows: one set of 11" x 17"
paper originals drawn by laser plotter.
D. Specifications: The Consultant shall prepare a project manual and
technical specifications required for bidding and constructing the
project. Only specifications amending or supplementing COG
specifications need be furnished. Project manual, specifications, bid
items and quantities shall be furnished on hard copy and by electronic
file.
E. Estimates: Estimates of probable cost will be developed at each
milestone submittal.
F. Bidding, Construction, Closure:
1. Bidding - During the bidding phase, the Consultant will prepare bid
documents and assist the City in advertising of the project for bids.
The consultant will address technical questions and prepare
addenda and issue to the bidders. The Consultant will tabulate
bids and make recommendation for award of contract.
2. Construction - The Consultant will prepare an agenda, attend the
pre-construction meeting and prepare minutes of the meeting. The
Consultant shall mark each repair on the ground with paint prior t~
construction. In the event entire panels of pavement are to be
removed, the section to be removed will be highlighted in paint.
The Consultanfs design engineer andlor project manager shall visit
the site at least once per calendar month to evaluate the general
progress of the construction. Monthly reports shall be prepared
and forwarded to the City outlining any deviations noted from the
requirements of the contract documents. The Consultant will not be
responsible for the contractor's work, nor shall the Consultant be
required to perform inspection services. The Consultant shall
assist the City in the preparation of field changes and/or change
orders that may become necessary for the 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.
E. Permitting. No permitting is anticipated.
A-3
F. Miscellaneous. Miscellaneous services not provided for herein and
not generally associated with a project of this type will be paid for
under an amendment to this Agreement and for an additional fee.
A-4
EXHIBIT "B"
COMPENSATION
for
Maintenance Bond Repairs to Stewart Peninsula Subdivisions
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 $14,500 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. $5,000 for Preliminary Design Report
2. $3,000 for Phase I - Preliminary Design Phase (60% submittal)
3. $2,000 for Phase 11- Final Design Phase (100% submittal)
Items (1) through (2) will be billed lump sum upon submittal of the plans
included in the design tasks and in accordance with the billing schedule in
Item C. below.
Phase III, Construction Phase Services, shall be billed by lump sum in
accordance with the billing schedule in Item C. below up to a total lump
sum of $3,000.
B. Special Services - Special Services will be paid for lump sum. The
following table summarizes special services fees.
TASK DESCRIPTION FEE
Printing Plans and Specifications $1,200
Record Drawings $300
TOTAL SPECIAL SERVICES $1,500
C. Billing Schedule - Services will be billed at fIVe project milestones and in
accordance with the following schedule:
A lump sum of $5,000 upon submittal of the preliminary design
report
B-1
.
A lump sum of $3,000 upon submittal of preliminary plans
A lump sum of $2,000 upon submittal of final plans
A lump sum of $2,500 upon receipt of bids
A lump sum of $2,000 upon completion of construction
The total maximum fee for al/ services is $14,500.
B-2
#
.
ACORD CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYYYY)
TM 11/07/aOO5
PRODUCER (972)581-4800 FAX (972)581-4850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bell bSllr_~e Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
16980 Dallas Parkway AlTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Dallas, TX 75248
SuzlUlDe Flores INSURERS AFFORDING COVERAGE NAlC #
INSURED RalfT Ass~iates, Inc. INSURER A: Republic COlll1NlDies Group
Mr. Roger Buras INSURER s: ContiDeDtal Casualty I:elloallV(OO)
8616 Northwest PI~ Dr. INSURER C:
Dallas, TX 15225 INSURER D:
INSURER E:
ES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~ Imq,~ TYPE OF INSURANCE POUCY NUMBER POUCY EFFECnVE POUCY EXPIRATION LIMITS
~NERALlIABIUTY TXP58543985.00 07/12/2005 07/12/2008 EACH OCCURRENCE $ I,OOO,OOl
X OMERClAl GENERAL lIABILITY !?~~GE TO RENTED S 180,00
-'- CLAIMS MADE [!J OCCUR MED EXP (Any OI1e person) S 10.00l
A ]f CODtractual Lia. PERSONAL & ADV INJURY $ 1.000.00l
-
GENERAL AGGREGATE S .3 000.00l
- 2.OM 00l
GEN'l AGGREGATE lIMIT APnS PER: PRODUC1S . COMPIOP AGG S
h 'fXlPR~
POlICY X JECT lOC
~TOMOBILE LIABILITY Tl:A5643988.00 07/12/2005 07/1212008 COMBINED SINGLE UMIT
X ANY AUTO (Ea accident) S 1,000,000
-
All OWNED AUTOS BODL Y INJURY
- S
SCHEDULED AUTOS (Per 1>"1500)
A -
~ HIRED AUTOS BODL Y INJURY
$
X NON-OWNED AUTOS (Per accident)
f---
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABIUTY AUTO ONlY - EA ACCIDENT S
~ ANY AUTO OTHER TI1AN EA ACC $
AUTO ONlY: AGG $
~ESSIllMBRELlA LIABILITY WlB5643987-00 07/12/2005 07/12/2006 EACH OCCURRENCE S 5.000..
X OCCUR D CLAIMS MADE AGGREGATE $ 5,008.000
A $
~ ,DEDUCnBLE S
X RETENTION S 10,0011 $
WORKERS COMPENSAnON AND WC5643988 07/12/2005 07/1212008 J: I WC STATU- r TOJb"-
EMPLOYERS' LIABILITY 1.000.00
A ANY PROPRlETORiPARTNERlEXECunvE E.L. EACH ACCIDENT S
OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPlOYEE $ I.OOO.OOl
~~c~~'iS~s below E.L DISEASE - POLICY LIMIT S 1.000.00
piiilbSIONn I.IABnITY Al!J!008220956 07/09/2005 07/09/2006 $5.000,000 Per tlaia Limit
. Claims Made $5.000,000 Aggregate Lillit.
~Ei,cRIP1EN OF OPERATIONS! LOCATIONS IVEHIClES I EXCLUSIONS AD&ED BY ENDORSEMENT I SPECIAL PROVISIONS
e: aj or Thorollghrare Roadways (P. 3842
T DER
tfty or T.e ColOIlY
Att t n: Gardon Scraggs, P. E. City Eagineer
6800 Main Street
The Colony, TX 75056
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
...!L DAYS V'tRITTEN NOTICE TO THE CERnFlCATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBliGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
:;~.4/+
ACORD 25 (2001/08) FAX: (972)624-2317
ThGlllas J. Ashle /SRF
@ACORD CORPORATION 1988