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HomeMy WebLinkAboutResolution No. 08-017 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08- 0/7 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 SURVEYING AND SITE DESIGN RELATING TO THE AUSTIN RANCH FIRE STATION, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into a contract such that the Consultant is to provide the following services: SURVEYING AND SITE DESIGN FOR THE AUSTIN RANCH FIRE STATION; 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 as Exhibit "A," under the terms and conditions provided therein; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $46,000 for such work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. This 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 of the City and its citizens, be, and the same is hereby, in all things approved in the amount of $42,000.00 as the base amount, plus a $4,000.00 contingency amount, for a total not to exceed $46,000.00, and the City Manager is authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. This Resolution shall become effective immediately from and after its adoption and it is so resolved. PASSED, APPROVED and EFFECTIVE this 21st day of January, 2008. ATTEST: TM 21398.76.000 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into the J,l'ff day oVAn lIf}ecJc ,2008, by and between the CITY OF THE COLONY, TEXAS, hereinafter referred t 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 and Surveying Services for: preparation of final plat, site plan and site engineering for Austin Ranch Fire Station. 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, corrector revise any errors or deficiencies in the design, drawings, specifications, plans and other services. Page 1 C. Neither CITY'S review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and UNDERSIGNED shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the UNDERSIGNED'S negligent performance of any of the services furnished under this Agreement. D. The rights and remedies of the CITY under this Agreement are as provided by law. ARTICLE III PAYMENT A. CITY shall pay UNDERSIGNED for all services authorized in writing and properly performed by the UNDERSIGNED in the basis herein described, subject to additions or deletions for changes or extras agreed upon writing. B. The total amount paid to UNDERSIGNED shall not exceed a lump sum fee of $42,000 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 Agreement in anticipation of the orderly and continuous progress of the Page 2 project through completion of the Scope of Services specified in Exhibit "B", 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. 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 Page 3 may cover by copyright, and to all designs as to which the UNDERSIGNED may assert any rights or establish any claim under the design patent or copyright laws. The UNDERSIGNED, after completion of the project, agrees to furnish the originals of all such instruments or service to the CITY. D. All word documents supplied to the CITY as provided herein shall be in Microsoft Word 98 or higher edition, or in a format compatible with the aforementioned program. All plan documents shall be exported to an AutoCAD 14 or higher version format. ARTICLE VI TERMINATION A. The CITY or the UNDERSIGNED may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to the UNDERSIGNED. In the event suspension or termination is without cause, payment to the UNDERSIGNED, in accordance with the terms of this Agreement, will be made on the basis of services reasonably determined by the CITY to be satisfactory performed to date of suspension or termination. Such payment will be due upon delivery of all instruments of service to the CITY. B. Should the CITY require a modification of its contract with the UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail to agree upon a modification to this Agreement, the CITY and the UNDERSIGNED shall have the option of termination this Agreement. Payment to the UNDERSIGNED shall be made by the CITY in accordance with the terms of this Agreement, for the services mutually agreed upon by the CITY and the UNDERSIGNED to be properly performed by the UNDERSIGNED prior to such termination date. C. Upon termination of this agreement for any reason, the UNDERSIGNED shall immediately deliver to CITY all plans, drawings, specifications, designs and other information prepared by or acquired by the UNDERSIGNED relative to the Austin Ranch Fire Station. 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 covering the operations of owned and non-owned automobiles, 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 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 "Indemnitees"), 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 the performance or failure of performance of any work or services called for by this Page 5 Agreement, or from conditions created by the performance or non-performance of said work or services. In the event one or more of the Indemnitees is determined by a court of law to be jointly or derivatively negligent or liable for such damage or injury, the UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided herein on a proportionate basis in accordance with the final judgment, after all appeals are exhausted, determining such joint or derivative negligence or liability. The UNDERSIGNED is not responsible for the actions of the CITY'S contractor to perform the construction of the improvements covered under this Agreement. Acceptance and approval of the final plans by the CITY shall not constitute nor be deemed a release of this responsibility and liability of the UNDERSIGNED, its employees, associates, agents and consultants for the accuracy or competency of their designs, working drawings and specifications, or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the designs, working drawings and specifications, or other documents prepared by the UNDERSIGNED, its employees, contractor, agents 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. Page 6 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. 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 ;>..JXday of SlId Mitt; ,2008. CITY: By: Dale Cheatham gk~ Title: City Manager Title: Vice President Address: 6800 Main Street The Colony, Texas 75056-1333 Address: 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 Attest: proved as to Content: ~r Page 9 EXHIBIT" A" SCOPE OF SERVICES Austin Ranch Fire Station City of The Colony I. Project Overview: Halff Associates will provide survey and site engineering services for the Austin Ranch Fire Station to be built on an approximate 1.5 acre site on the north side of PIano Parkway approximately 2,000 feet east of SH 121. Halff Associates will provide the following services. II. Surveying Services A. Topographic and Tree Survey 1. Set horizontal and vertical survey control points suitable for use in construction staking. Vertical control will be based on City of The Colony benchmarks. 2. Prepare aI' contour interval topographic survey of the site, adjacent street, and 100 feet adjacent to the site (approximately 3 acres of land). Survey will show grade breaks, top of curb, above-ground utilities, and underground utilities based on available record plans. Top of curb elevations will be shown to the nearest curb on streets adjacent to the property. This proposal does not include uncovering or field tying underground utilities. 3. Conduct a tree survey to identify and locate all trees 6 inches diameter or greater. The survey does not include identification of trees by species. 4. Provide the City and Architect with a topographic drawing with l' contours, property lines and existing easements in AutoCAD (DWG) or Microstation (DGN) format B. Preliminary Plat - Currently, the property is not platted. Tasks include: 1. Attend a pre-development meeting with the City of The Colony to discuss all requirements for development of the property. 2. Prepare a preliminary plat for the subject 1.5 acre site, along with all necessary application forms, according to City of The Colony requirements. 3. Attend the Development Review Committee (DRC) meeting and address comments from the meeting before re-submittal to the City. 4. Attend Planning and Zoning Committee meeting. 5. Attend City Council Meeting, if needed. C. Final Plat - Upon approval of the preliminary plat, a final plat will be prepared. 1. Prepare a final plat for the subject 1.5 acre site, along with all necessary application forms, according to City of The Colony requirements. A-I 2. Attend the DRC meeting and address comments from the meeting before re- submittal to the City. 3. Attend Planning and Zoning Committee meeting. 4. Attend City Council Meeting, if necessary. III. Civil Engineering Services A. Due Diligence/Site Planning 1. Evaluate site topography, storm drainage, water availability, and sanitary sewer. 2. Investigate The Colony requirements for additional utility improvements within Right-of-Way limits of adjacent roadways and easements and all necessary permits required. 3. Investigate City of The Colony requirements for water, sanitary sewer, and storm drainage. 4. This task item includes coordination with the City of The Colony and architect to obtain information necessary to complete design of the project and define project parameters. 5. Coordination with franchise utility companies to determine potential conflicts with design 6. Attend a Pre-Development Meeting with the Architect and City of The Colony. B. Site Plan 1. Prepare a Site Plan for the subject 1.5 acre site, along with all necessary application forms, according to City of The Colony requirements. 2. Attend DRC meeting and address comments from the meeting before resubmittal to the City. 3. Attend Planning and Zoning Committee meeting. 4. Attend City Council Meeting, if necessary. C. Site Grading 1. Based on the site plan prepared by the architect, one preliminary grading plan will be prepared for review by the owner and the architect. This plan will also indicate: a) the proposed finish floor elevation of the building b) proposed pavement areas, and c) drainage requirements. This drawing will be a red line drawing only. 2. Based on results of the preliminary grading plan review, prepare one updated preliminary grading plan, and estimate cut/fill. 3. Upon approval of the preliminary grading plan, a final grading plan will be prepared. This grading plan will be suitable for construction. This plan will show existing and proposed grading contours, and spot elevations needed to grade the site for drainage. A-2 D. Site Drainage Design 1. Produce, in concert with the site grading plan, one final site drainage plan, which will meet the requirements of The Colony and the architect. 2. The site drainage plan will be suitable for construction of improvements to allow for proper storm water drainage of the site. The construction drawings will indicate storm drainage, proposed swales, sheet flow, and other drainage features which are necessary. The design of these facilities will be limited to a point five feet outside the existing building lines. The design of facilities (including, but not limited to roof drains) beyond this point, and within the limits of the building will be performed by others. 3. An overall drainage area map will be prepared. The drainage area map will delineate drainage areas and storm sewer runoff data for this site and for adjacent properties that may affect drainage of this site. 4. Hydraulic calculations (10-year and 100-year) will be prepared for all storm drain lines and inlets. E. Water & Sanitary Sewer Design 1. Coordinate the location and layout of water and sanitary sewer services to serve the existing facilities. Water and sanitary sewer service sizes and service locations at the building shall be determined by the architect. The layout of these facilities will be to a point five feet outside the building lines. The layout and design of facilities beyond this point and within the limits of the building are not included. 2. Coordinate location and layout of off-site water and sewer to tie to proposed services for the proposed building. 3. Coordinate with the City and architect concerning fire protection facilities. Design responsibilities shall be limited to fire protection facilities, such as, freestanding hydrants and water supply lines beyond the 5-foot building line of all structures. The requirements for the fire protection facilities will be determined by others including line sizes, service location, special valves, etc. Any details required for alarm systems and controls for the fire protection system will be designed by others. 4. Prepare construction drawings for the on-site water and sanitary sewer lines. 5. Prepare construction drawings and specifications. F. Dimension Control & Paving Plan 1. Provide building dimension control plan. This item includes dimension control of building comers, pavement curb lines, proposed improvements, and parking limits. 2. The dimension control plan shall be based on the architectural site plan. 3. This item excludes layout of parking striping. 4. This item includes preparation of paving details. Pavement section design III accordance with the Geotechnical Investigation by others. A-3 G. Erosion Control Plan 1. Prepare an erosion control plan in conjunction with the grading and drainage designs. This task is for the preparation of design drawings and associated details only. The Storm Water Pollution Prevention Plan (SWPPP), including but not limited to, the Notice of Intent (NO!), project description, inspection forms, Notice of Termination (NOT), and all other forms for submittal to the Texas Commission on Environmental Quality (TCEQ) are not included in this item. H. City Submittal 1. Submit construction drawings prepared under this proposal for approval by The Colony and resolve review comments. 2. Submit construction drawings and specifications for approval by the City of The Colony for off site improvements. I. Construction Specifications 1. Construction specifications required for civil items included in the scope of this proposal will be prepared and will be provided to the architect. The architect will provide the specification format and incorporate the specifications into the bid package and will prepare the actual construction documents and bid packages. J. Coordination with Architect 1. Site lighting will be designed by the architect. Halffwill prepare site base drawings for use by the architect design of site lighting and will fix final location of site lights on the plans on the plans based on Architect's approximate locations. Under pavement conduits and sleeves will be shown on the site plans as well. 2. The Architect will employ a subconsultant for design of landscape and irrigation. Halff will prepare site base drawings for use by the landscape architect will provide sleeves under pavement and water services for irrigation lines. Under pavement conduits and sleeves will be shown on the site plans as well. IV. Construction Services A. Coordinate with contractor and review and provide written responses to contractor submittals and requests for information (RFIs). B. Attend up to two site meetings during the site work phase of construction to determine if work is proceeding in general conformance with the construction drawings prepared under this proposal. In performing these services, the Engineer and Architect will endeavor to protect against defects and deficiencies in the work of the Contractor, but shall not be responsible for actual supervision of construction operations or for safety measures that the Contractor takes or should take. C. Based on one final site visit and Contractor's site markups, prepare record drawings suitable for submittal to the City for construction drawings prepared under this proposal. Furnish digital file of "as-built" construction plans for the City of Fort Worth. A-4 v. Services Not Included A. Geotechnical Consulting Services B. Quality control and material testing services during construction. C. Fire protection, gas, telephone, cable and/or electric design. D. Lighting design. E. Additional surveying not listed. F. Additional plats, easement or dedication exhibits. G. Resetting of survey monuments disturbed or destroyed by others. H. Filing fees, and permit fees (budgets provided). I. Environmental impact statements and environmental assessments. J. Traffic engineering reports or studies. K. Construction staking, observation and/or material testing. L. Certification that the project is constructed in accordance with the construction documents. M. Design of any facilities within the limits of the building. N. Landscape and irrigation layout and design. O. Environmental services required to permit the proposed improvements. P. Texas Department of Licensing and Review (TDLR) submittals, inspections and fees. Q. Review of Engineers certificates. The Engineer shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of the Engineer, increase the Engineer's risk or the availability or cost of his or her professional or general liability insurance. A-5 EXHIBIT "B" BASIS OF COMPENSATION Austin Ranch Fire Station The City of The Colony The estimated fees for the services described in Exhibit "A" shall be considered lump sum. Services shall be invoiced monthly, based on percentage complete. Fees include printing of plats, site plans and construction drawings for submittal purposes. See fee summary below. The fees and budgets established above do not include City and State Permit fees. The fees do not include revisions once the design is underway. If revisions are requested by the owner, a revision to the scope and budget will be required. The architect shall submit all design drawings for review of Architectural Barriers by Texas Department of Licensing and Regulations to comply with Texas Accessibility Standards, and Halff Associates will respond to TDLR/TAS comments related to drawings prepared under this proposal. Halffwill begin work on the topographic and tree survey and preliminary plat upon receipt of written notice to proceed from the City. Halffwill furnish a copy of the topographic survey and draft preliminary plat to the project architect within 35 calendar days. Halffwill proceed no further until receipt of a revised site plan from the project architect and a written notice to resume work from the City. We will have a final and site plan ready for submittal to the City of The Colony within five months of receipt of the project architect's site plan and notice to resume work from the City. It is our understanding that the architect will have plans completed by the end of 2008. We will work to have City approval by the end of2008, so that construction can begin in early 2009. B-1 FEE SUMMARY I. Surveying Services 1 Topographic and Tree Survey (for Design) 2 Preliminary Plat 3 Final Plat Subtotal Surveying Services: $2,500 $3,000 $6,000 $11,500 II. Civil Engineering Services 1 Due Diligence/Site Planning 2 Site Plan 3 Site Grading 4 Site Drainage Design 5 Water & Sanitary Sewer Design 6 Dimension Control and Paving Plan 7 Erosion Control Plan 8 City Submittal 9 Construction Specifications 10 Coordination with Architect Subtotal Civil Engineering Services: $2,000 $3,500 $4,000 $4,000 $1,500 $2,500 $2,000 $1,500 $2,500 $1,000 $24,500 III. Construction Services 1 Contractor Submittal Reviews 2 Site Meetings/Coordination 3 Record Drawings Subtotal Construction Services: $2,000 $2,000 $2,000 $6,000 TOTAL: $42,000 B-2 ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDD/YYYY) 01/23/2008 PRODUCER (972)581-4800 FAX (972)581-4850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell Insurance 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 POLICIES BELOW. Dallas, TX 75248 Suzanne Flores INSURERS AFFORDING COVERAGE NAIC# INSURED Halff Associates, Inc. INSURER A: Hartford Casualty Ins. Co. 1201 N. Bowser INSURER B: Hartford Underwriters Ins. Co. Richardson, TX. 75081 INSURER C: ACE American Ins. Co. INSURER 0: INSURER E: r.OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREME;NT, 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. I~;: ~~~1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECllVE P~!.Ig EXPIRAllON LIMITS GENERAL UABlLllY 46UUNIY5768 07/12/2007 07/12/2008 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY $ - tJ CLA.IMS MADE [!] OCCUR MED EXP (Anyone person) $ 10,000 - A ~ Contractual liab PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGA1E $ 2,000,000 - 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/oP AGG $ Xl POLICY [Xl ~~C?T [XlLOC AUTOMOBILE UABILllY 46UUNIY5768 07/12/2007 07/12/2008 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1.000,000 - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY - $ ~ NON-OWNED AUTOS (Per accident) - PROPERlY DAMAGE $ (Per accident) GARAGE LlABllJTY AUTO ONLY - EAACClDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA UABnJTY 46XHUIY6677 07/12/2007 07/12/2008 EACH OCCURRENCE $ 5,000,000 ~ OCCUR D CLA.IMS MADE AGGREGATE $ 5.000 000 A ~ DEDUCTIBLE $ $ X RETENTION $ 10,000 $ WORKERS COMPENSAllON AND 46WENV6090 07/12/2007 07/12/2008 X I WC STATU- I IOJ,tI- EMPLOYERS'L1ABILITY 1,OPO,00C B ANY PROPRlETOR/PARTNERlEXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPlOYEI $ l,OOO,OOC ~~CI~'C'~~v':S10'NS below E.L DISEASE - POLICY LIMIT $ 1.000,00C OTHE~ EONG21673845 07/12/2007 07/12/2008 $5,000,000 Per Claim limit PROF SSIONAl lIABILITY C ~laims Made $5,000,000 Aggregate limit JfIESCRIPllON OF OPERAllONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Survey and Site.Engineering Services for Austin Ranch Fire Station. City of The Colony Attn: Gordon Scruggs, P.E., City Engineer 6800 Main Street The Colony, TX 75056 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOllCE SHAlL IMPOSE NO OBLIGATION OR LIABILIr.Y OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Thomas J. Ashle /SHF .~~ ACORD 25 (2001/08) FAX: (972)624-2298 @ACORDCORPORATION1988