HomeMy WebLinkAboutResolution No. 09-081
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 09-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE CITY
OF THE COLONY AND HALFF ASSOCIATES FOR DESIGN SERVICES
FOR NORTH COLONY BOULEVARD FROM CURRY DRIVE TO
PAIGE ROAD, 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 a Contract such that the
Consultant is to provide the following services: DESIGN SERVICES FOR NORTH COLONY
BOULEVARD FROM CURRY DRIVE TO PAIGE ROAD; 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; and
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $570,000 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 hereto and incorporated
herein 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 base amount of $519,900, plus a contingency amount of
$50,100, for a total amount not to exceed $570,000.
Section 2. The City Manager is hereby authorized to execute the Contract on behalf of the
City of The Colony, Texas.
Section 3. This Resolution shall take effect immediately from and after its adoption and
it is so resolved.
63918
PASSED, APPROVED and EFFECTIVE this 20th day of October, 2009.
ATTE T:
r,f Th , ristie Wilson, City Secretary
APPR E AS TO FORM:
Robert E. Hager, C' Attorney
63918
STATE OF TEXAS §
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF DENTON §
This agreement ("Agreement") is made by and between the City of The Colony, Texas
("City") and Halff Associates, Inc. (the "Professional") acting by and through their authorized
representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, the Professional desires to render professional services for City for
Construction Plans, Specifications, and Estimates for the Widening of North Colony
Boulevard from Curry Drive to Paige Road (the "Project") in accordance with the terms and
conditions set forth in this Agreement;
NOW THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties
agree as follows:
Article I
Term
1.1 This term of this Agreement shall begin on the last date of execution hereof by all
parties hereto (the "Effective Date") and continue until completion of the services provided herein.
1.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination, Professional shall be entitled to compensation for
any services completed to the reasonable satisfaction of City in accordance with this Agreement
prior to such termination.
1.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination, Professional shall be entitled to compensation for
any services completed to the reasonable satisfaction of City in accordance with this Agreement
prior to such termination.
Article II
Scope of Services
2.1 Professional shall provide the services specifically set forth in Exhibit "A," attached
hereto and incorporated herein by reference ("Scope of Services").
PROFESSIONAL SERVICES AGREEMENT - Page I
2.2 The parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
2.3 Schematic Design Documents, Design Development Documents, Contract
Documents, drawings, plans, specifications and other documents, including those in electronic
form, prepared by Professional and its consultants, agents, representatives, and/or employees in
connection with the Project are intended for the use and benefit of City. Professional and its
consultants, agents, representatives, and/or employees shall be deemed the authors of their
respective part of said Project documents. Notwithstanding, City shall own, have, keep and retain
all rights, title and interest in and to all Project documents, including all ownership, common law,
statutory, and other reserved rights, in and to all such Project documents, whether in draft form or
final form, which are produced at City's request and in furtherance of this Agreement or the
Project. City shall have full authority to authorize contractor(s), subcontractors, sub-
subcontractors, City consultants, and material or equipment suppliers to reproduce applicable
portions of the Project documents to and for use in their execution of the work or for any other
purpose. All materials and reports prepared by Professional in connection with this Agreement are
"works for hire" and shall be the property of City. City shall have the right to publish, disclose,
distribute and otherwise use such materials and reports in accordance with the Engineering Practice
Act of the State of Texas (Texas Occupation Code, Chapter 1001, as amended) and/or Texas
Occupations Code, Chapter 1051, as amended. Professional shall, upon completion of the services,
or earlier termination, provide City with reproductions of all materials reports, and exhibits
prepared by Professional pursuant to this Agreement, and in electronic format if requested by City.
Article III
Schedule of Work
3.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in the Scope of Services in accordance with a work schedule
established by City (the "Work Schedule"), which is attached hereto and incorporated as Exhibit
«A99
3.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional 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.
3.3 No allowance of any extension of time, for any cause whatever, shall be claimed or
made by Professional, unless Professional shall have made written request upon City for such
extension not later than two (2) business days after Professional has actual knowledge of the cause
serving as the basis for such extension unless City and Professional have agreed in writing upon the
allowance of such additional time.
PROFESSIONAL SERVICES AGREEMENT - Page 2
Article IV
Compensation and Method of Payment
4.1 City shall pay Professional for the services specifically as set forth in Exhibit "A"
by payment of a fee not to exceed $519,900.00. Partial payment will be made on a monthly basis
for completed portions of the work in accordance with invoices setting forth a description of the
work completed as approved by the City.
4.2 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges.
Article V
Devotion of Time; Personnel; and Equipment
5.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should City require additional services not
included under this Agreement, Professional shall make reasonable efforts to provide such
additional services at mutually agreed charges or rates, and within the time schedule prescribed by
City, and without decreasing the effectiveness of the performance of services required under this
Agreement. Professional will only provide such additional services with written approval of City.
5.2 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
5.3 Professional shall furnish the facilities, equipment, telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VI
Relationship of Parties
6.1 It is understood and agreed by and between the parties that in satisfying the
conditions of this Agreement, Professional is acting independently, and City assumes no
responsibility or liabilities to any third party in connection with these actions. All services to be
performed by Professional pursuant to this Agreement shall be in the capacity of an independent
contractor, and not as an agent or employee of City. Professional shall supervise the performance
of its services and shall be entitled to control the manner and means by which its services are to be
performed, subject to the terms of this Agreement. As such, City shall not train Professional,
require Professional to complete regular oral or written reports, require Professional devote his full-
time services to City, or dictate Professional's sequence of work or location at which Professional
performs Professional's work.
PROFESSIONAL SERVICES AGREEMENT - Page 3
6.2 Professional shall be responsible for the professional quality, technical accuracy, and
the coordination of all designs, drawings, specifications, plans, and other services furnished by
Professional under this Agreement. Professional shall, without additional compensation, correct or
revise any errors or deficiencies in the design, drawings, specifications, plans and other services.
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 Professional shall be and remain liable to City in accordance with applicable law for all
damages to City caused by Professional's negligent performance of any of the services furnished
under this Agreement.
Article VII
Insurance
7.1 Professional shall during the term hereof maintain in full force and effect the
following insurance: (1) a policy of insurance for bodily injury, death and property damage
insuring against all claims, demands or actions relating to Professional's performance of services
pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 per
occurrence for injury to persons (including death), and for property damage; (2) policy of
automobile liability insurance covering any vehicles owned and/or operated by Professional, its
officers, agents, and employees, and used in the performance of this Agreement in the amount of
$1,000,000; and (3) statutory Worker's Compensation Insurance covering all of Professional's
employees involved in the provision of services under this Agreement.
7.2 Professional shall provide and maintain Professional Liability Errors and Omissions
insurance coverage to protect Professional 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 Seven Hundred Fifty Thousand Dollars ($750,000) per occurrence and Two Million Dollars
($2,000,000) aggregate. Such insurance shall be kept in effect for four (4) years after the
completion of the Scope of Services. If Professional fails to maintain the insurance covered during
that time, City may pay the premiums to keep the insurance in effect and recover the cost from
Professional.
7.3 All insurance and certificate(s) of insurance shall contain the following provisions:
(1) name the City, its officers, agents and employees as additional insureds as to all applicable
coverage with the exception of Professional Liability Errors and Omissions Insurance and Workers
Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for
cancellation, non-renewal, or material change of the insurance; and (3) provide for a waiver of
subrogation against the City for injuries, including death, property damage, or any other loss to the
extent the same is covered by the proceeds of insurance.
7.4 All insurance companies providing the required insurance shall either be authorized
to transact business in Texas and rated at least "B" by AM Best or other equivalent rating service,
or approved by the City Manager.
PROFESSIONAL SERVICES AGREEMENT - Page 4
7.5 A certificate of insurance evidencing the required insurance shall be submitted to the
City prior to commencement of services.
Article VIII
Miscellaneous
8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between
the parties and supersedes any prior understandings, written or oral agreements between the parties
with respect to this subject matter.
8.2 Authorization. Each party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement. ,
8.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants, and obligations contained in this Agreement.
8.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
8.5 Governing, Law. The laws of the State of Texas shall govern this Agreement; and
venue for any action concerning this Agreement shall be in the State District Court of Denton
County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said
court.
8.6 Amendments. This Agreement may be amended by the mutual written agreement of
the parties.
8.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
in it.
8.8 Survival of Covenants and Terms. Any of the representations, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the termination of this Agreement shall survive termination, including, but not
limited to, Section 2.3, Article VIII, and Section 8.13.
8.9 Recitals. The recitals to this Agreement are incorporated herein.
8.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
PROFESSIONAL SERVICES AGREEMENT - Page 5
below, or to such other party or address as either party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City: With Copy to:
Antonio Johnston Gordon E. Scruggs, P.E., C.F.M.
City Manager Engineering Director
City of The Colony City of The Colony
6800 Main Street 6800 Main Street
The Colony, Texas 75056 The Colony, Texas 75056
If intended for Professional:
Benjamin L. McGahey, P.E.
Project Manager
Halff Associates, Inc.
4000 Fossil Creek Boulevard
Fort Worth, TX 76137-2720
8.11 Counterparts. This Agreement may be executed by the parties hereto in separate
counterparts, each of which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument. Each counterpart may consist
of any number of copies hereof each signed by less than all, but together signed by all of the parties
hereto.
8.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
8.13 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE,
OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING
FROM THE SERVICES OF PROFESSIONAL PURSUANT TO THIS AGREEMENT.
PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS
"CITY") FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY
PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY. PROFESSIONAL AGREES TO
INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL
LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS,
ATTORNEYS' FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO
THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT OR
INTENTIONAL ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS,
DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT TO
THE EXTENT SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR
DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE OR COMPARATIVE
NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT
PROFESSIONAL SERVICES AGREEMENT - Page 6
BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER
THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL
UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT
8.14 Audits and Records. Professional agrees that during the term hereof City and its
representatives may, during normal business hours and as often as deemed necessary, inspect,
audit, examine and reproduce any and all of Professional's records relating to the services provided
pursuant to this Agreement for a period of one year following the date of completion of services as
determined by City or date of termination if sooner.
8.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement.
EXECUTED this 11 r/, day of , 2009.
City of The Colony Texas
By: L'4CZt-,
Antonio Jo ton
City Manager
Attest:
City Secretary
PROFESSIONAL SERVICES AGREEMENT - Page 7
EXECUTED this day of , 2009.
Professional
Name: Benjamin L. McGahey, P.E.
Title: Project Manager
Attest:
r/O Secretary
PROFESSIONAL SERVICES AGREEMENT - Page 8
EXHIBIT "A"
SCOPE OF WORK
for
Construction Plans, Specifications, and Estimates
for the Widening of North Colony Boulevard from Curry Drive to Paige
Road
in
THE COLONY
1. Description:
The project will involve the construction/reconstruction and widening of
approximately 6,700 linear feet of North Colony Boulevard between Curry
Drive and Paige Road. North Colony Boulevard is classified as a 4D-C and
will be constructed as a divided roadway with four 12-foot lanes. Construction
will include paving (roadway, sidewalk, and a 10-foot wide bike trail),
drainage, water, sanitary sewer, street lights, two (2) new traffic signals,
landscaping and irrigation.
2. Design Assumptions - Certain assumptions were employed in
developing the scope and fee for this proposal.
A. Paving Design Standards - All roadways will be constructed to City
standards with 8-inch reinforced concrete pavement on a lime
stabilized subgrade. Alley and driveway returns within street rights-of-
way will be constructed as well. With the exception that the design
speed of North Colony Boulevard will be limited by the existing road
geometry, the design will be in accordance with City standards and
latest AASHTO guidelines.
B. Bike Trail Design - A 10-foot bike trail along the south side of North
Colony Boulevard will be designed from FM 423 to Paige Road.
C. Water Design - Existing residential services will be replaced and will
remain connected to the existing 18-inch/24-inch water transmission
main. A parallel 12-inch distribution line will not be designed with this
project. All distribution lines less than 12 inches in diameter that
connect to the existing 18-inch/24-inch transmission line will be
replaced under the proposed pavement and extend to the right-of-way
line.
D. Sanitary Sewer Design - An existing 18-inch sanitary sewer main will
be reconstructed within the North Colony Boulevard rights-of-way.
E. Traffic Signal Design - Two (2) new traffic signals shall be designed.
Existing signals will be replaced at Blair Oaks Drive and Paige Road.
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3. Work Plan:
A. Surveying: The Consultant shall provide surveying services, which, in
general, may be defined as normal services applicable to a project of
this type. The following particulars will also apply.
(1) Vertical benchmarks shall be established such that all points of
construction shall be within 500 feet of a benchmark.
Benchmarks should not be subject to loss during construction.
Fire hydrants and similar appurtenances are not to be used for
benchmarks. The City will furnish one or more benchmarks for
this Project. The surveyor shall establish temporary
benchmarks throughout the length of the project.
(2) Topographic features will be surveyed along with any and all
other features needed for design, review, permitting,
construction, and inspection of the project. Coverage will
extend beyond the proposed rights-of-way far enough to
integrate the design with the adjacent properties.
(3) Existing property corners, iron pins, etc. shall be tied into
established existing rights-of-way. Prior to surveying on private
property, the surveyor shall secure written permission from the
property owners and/or tenant and shall provide the City a copy
of said written permission. Should only oral permission be
granted, the surveyor shall document the permission granted by
letter to the property owner/tenant, with a copy to the City. If
permission cannot be obtained, the City will assist or other
arrangements will be worked out.
B. Right-of-Way Determination - Right-of-way plans, exhibits and legal
descriptions for all right-of-way and temporary and permanent
easement acquisition required for construction of the project will be
prepared as follows:
(1) Right-of-way plans shall include City title block, location map,
monumentation, ties to project centerline, area required, area
remaining, parcel number, owner of record, and existing
easements. Right-of-way plans shall be included in the
construction plans.
(2) If required, a maximum of two (2) individual exhibits/parcels
shall be prepared on 8-1/2" x 14" paper and shall include area
required, area remaining, parcel number, and owner of record.
Individual exhibits shall be stamped, dated, and signed by a
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Registered Professional Land Surveyor. Additional parcels, if
required, shall be prepared for an additional fee.
(3) Legal descriptions shall reference volume, page and owner of
record and shall be incorporated into the standard City of The
Colony easement instrument document. Individual parcels shall
be cross-referenced on the plan and profile sheets.
(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 shall be furnished to the City in Microsoft Word
or PDF format.
C. Environmental Review Process Document - Halff Associates will
prepare an Environmental Review Process Document (ER Document)
for the proposed improvements to North Colony Boulevard. The
purpose of the ER Document is to assist implementing agencies in
fulfilling the local environmental review requirements, thus ensuring the
implementing agency is complying with applicable state and federal
laws and regulations.
(1) The ER Document will consist of the completed "Environmental
Review Checklist for Local Projects" as found on the NCTCOG
website and appropriate maps and attachments.
(2) The data collected, analyzed, and described in the ER
Document includes the following issues and resources:
• Project Description
• Local Support and Coordination
• Right-of Way and Utilities
• Park and Recreation land Impacts
• Cultural resources - historic structures and archeological
resources
• Threatened and Endangered Species
• Migratory Bird Treaty Act
• Farmland
• Wetlands and Waters of the US
• Water quality
• Floodplains
• Vegetation and habitat
• Air Quality
• Regulated Materials
• Construction Impacts
• Noise
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(3) A maximum of two (2) submittals will be prepared. If more than
two submittals are required, the Consultant and City shall
negotiate an approved hourly rate prior to preparation of the
third submittal. Up to six (6) copies of the draft submittal will be
delivered to NCTCOG and the City for initial review and
comment. The Consultant will address comments and up to six
(6) copies of the final submittal will be delivered to NCTCOG
and City for approval.
(4) ER Document Assumptions:
• Jurisdictional Waters of the United States (U.S.) - Wetland
maps, topographic maps and a field survey of the project site
will be used to determine the presence or absence of
jurisdictional waters of the US. Development of permit
applications/mitigation, if required, would be performed
under separate work order.
• Cultural Resources -This scope does not include obtaining
an Antiquities Permit from the THC or performing intensive
surveys (i.e., shovel testing/deep trenching for archeological
sites).
D. Construction Plans - The Consultant shall develop construction
plans for review, permitting, bidding, construction, inspection and
record keeping. In general, construction plans shall be consistent with
normal practice for projects of this nature. The following particulars will
also apply. The construction plans will consist of numerous sheets
ordered as follows:
(1) Cover Sheet and Sheet Index: The cover sheet shall include a
location map. Additionally, the cover sheet shall show the
project name, project number, date, City logo, Consultant's
name, address, and telephone number and other items as may
be specified. Following the title sheet shall be a sheet index
with drawings numbered consecutively and without subscripts.
(2) Project Layout Sheet(s): The project layout sheet(s) will be
drawn to a scale of 1" = 100' and laid out with the north arrow up
or to the right. The purpose of the project layout is to depict the
project in a simplified view. Major items of work will be shown
without excessive detail. Additionally, survey control points
shall be shown.
(3) Project General Notes and Legend: These sheets will include a
listing of abbreviations, legend, and general notes.
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(4) Typical Sections: Typical sections shall be drawn to scales of
1" = 5' h and 1" = 2' v and shall depict a view looking north or
east. As a minimum, typical sections will be drawn showing the
relationship of the proposed street and existing and proposed
improvements. Typical sections will include existing roadways,
utilities, right-of-way lines, etc., along with all proposed utility
and highway improvements and will depict all significant items
of work.
(5) Plan and Profile Sheets: Plan-profile sheets will be arranged
from south to north and from west to east, with the north arrow
up or to the right on the sheet. Plan-profile sheets will be drawn
to scales of 1" = 20' h and 1" = 4' v. Stationing will be from
south to north or west to east with the beginning station being
set at approximately 0+00. Each plan-profile sheet will include
no more than 500 feet of street; thus, leaving ample margins
both left and right. The plan and profile station will align
vertically on the sheet with the proposed centerline drawn
parallel to the profile grid. When there is a centerline curvature,
the plan-profile should be drawn so that as much of the plan
view is in alignment as possible. Plan-profile sheets shall depict
all existing and proposed items pertinent to the project.
(6) Detail Sheets: The City's standard drawings will be used as a
beginning point in developing standard details for this project.
They will be reviewed and modified for this project. Where other
agency standards are used, they shall be reduced as necessary
to fit on the City's standard sheet format with complete title
block.
(7) Miscellaneous: Construction plans will also address erasion
control, traffic control (including detours, road closures, signing,
barricading, etc.) and all other improvements.
(8) Cross Sections: Cross sections shall be drawn to scales of
1" = 10' h and 1" = 5' v on sheets of 1" grids H and V. They
shall be arranged from bottom to top of the sheet looking up
station and shall show existing and proposed features and
improvements. Generally, no more than eight (8) sections per
sheet are to be plotted. Each section should extend beyond the
easement and rights-of-way a sufficient distance to clearly show
the relationship between the proposed improvements and the
existing properties. Full sections will be drawn at critical
locations, such as steep driveways, retaining walls, and at
maximum spacings of 50 feet.
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(9) Review Plans: Schematic Plans will be prepared and submitted
at the 30% milestone. 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.
(10) Design: The design of the project shall be in general
accordance with the City of The Colony ordinances, standard
details, and good engineering practices. During the design
phase, the Consultant shall contact various utility companies
and obtain information relating to existing utility lines. The
design should avoid major utility relocations, where practical.
When required, proposed relocations or replacements will be
shown in plan and profile.
(11) Prints: The Consultant shall provide prints of construction
plans for review and permitting. Two (2) sets of half-size plans
will be submitted to the City for each review stage. The
Consultant will provide utility companies with half-size copies of
60% plans for review. The Consultant will provide up to thirty-
five (35) sets of half-size prints for bidding and construction.
(12) General: Construction plans shall be furnished full-size and
half-size. Overall dimensions of full size construction plans shall
be 22" x 34". The City's standard format shall be used. All
prints for review purposes shall be furnished on 11" x 17"
sheets. Full-size and half-size final construction plans shall be
furnished to the City. Half-size prints shall be provided for
bidding and construction. Electronic files in PDF format shall be
provided to the City for use by City staff and for posting on
BIDSYNC.
(13) Generic Sheet List: Following is a general list of plan sheets
required for each construction package.
(a) Cover Sheet
(b) Sheet Index
(c) Project Layout Sheet(s)
(d) General Notes and Legend
(e) Typical Paving Sections
(f) Right-of-Way Maps
(g) Demolition Plans
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(h) Paving Plan and Profile Sheets
(i) Detailed Intersection Grading
(j) Drainage Area Map
(k) Hydraulic Grade Line and Inlet Calculations
(1) Drainage Plan and Profile Sheets
(m)Storm Drain Lateral Profiles
(n) City of The Colony Pavement Standard Details
(o) Miscellaneous Pavement Details
(p) City of The Colony Storm Drain Standard Details
(q) Box Culvert and Headwall Details
(r) Water Line Plan and Profile Sheets
(s) Sanitary Sewer Plan and Profile Sheets
(t) City of The Colony Water Standard Details
(u) City of The Colony Wastewater Standard Details
(v) Erosion Control Plans
(w) City of The Colony Erosion Control Details
(x) Landscape Plans and Details
(y) Irrigation Plans and Details
(z) Jointing Plans
(aa) Pavement Markings and Signage Plans and Details
(bb) Lighting Plans and Details
(cc) Temporary Traffic Signal Layouts
(dd) Traffic Signal Design Layouts
(ee) Traffic Signal Details
(ff) Traffic Control and Sequencing Plans
(gg) Roadway Cross Sections
E. Specifications - The Consultant shall prepare a project manual and
technical specifications required for bidding and constructing the
project. The project manual will be provided in the City's standard
format. Only specifications amending or supplementing COG
specifications need be furnished. Project manual, specifications, bid
items and quantities shall be furnished on hard copy and by electronic
file.
F. Estimates - Estimates of probable cost will be developed at each
milestone submittal.
G. Bidding, Construction, Closure:
(1) Bidding - During the bidding phase, the Consultant will prepare
bid documents and assist the City in advertising of the project
for bids. The consultant will address technical questions and
prepare addenda and issue to the bidders. The Consultant shall
attend a pre-bid meeting, if required, and prepare minutes. The
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Consultant will tabulate bids and make recommendation for
award of contract.
(2) Construction:
(a) Attend a pre-construction meeting and monthly progress
meetings as required. Document each meeting with written
minutes.
(b) Visit the project site at appropriate intervals as construction
proceeds to observe and report on the progress and quality
of the executed work. In performing these services the
Consultant will endeavor to protect the City against defects
and deficiencies in the work of the Contractor. However, the
Consultant cannot guarantee the performance of the
Contractor, nor be responsible for the actual supervision of
the construction operations or for the safety measures that
the Contractor takes or should take.
(c) Review shop drawings and Contractor submittals.
(d) Review laboratory test reports on materials and equipment.
(e) Prepare and negotiate Change Orders between the
Contractor and the City.
(f) Prepare record drawings from information supplied by the
Contractor.
(g) Attend final inspection and prepare a punch list report.
(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. GIS shape files
shall also be furnish to the City on CD.
H. Permitting:
(1) The Consultant shall prepare applications to the Texas
Department of Licensing and Review (TDLR) for code review of
sidewalks and ramps. After construction the consultant shall
notify TDLR of completion date. Consultant shall address any
questions or issues by TDLR as a result of review and
inspection. TDLR review and inspection fees shall be paid by
the City.
(2) The Consultant shall submit temporary traffic control plans for
the proposed construction to the Texas Department of
Transportation (TxDOT) for review and approval. An official
permit for connecting to the proposed TxDOT North Colony
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Boulevard improvements extending east and west of FM 423 is
not anticipated.
(3) The Consultant shall prepare exhibits and permit application
and submit to Oncor for approval of new construction across
existing 250-foot'Oncor/TXU utility easement.
1. Geotechnical Investigation - The Consultant shall engage a
geotechnical sub-consultant to provide sub-surface investigations in
the form of boring logs. Borings shall be of sufficient depth and
spacing to provide general information needed for the design and
construction of the project.
J. Culvert Hydraulic Analysis - The Consultant shall develop the
appropriate hydraulic modeling in order to provide a culvert size for the
hydraulic crossing at North Colony Blvd and Stream SC-1 of Stewart
Creek. The description provided below is based on the assumption
that the steady flow information given in the Effective FIS will be used.
In addition, the current effective hydraulic model will be utilized in its
current format unless otherwise specified by the City. Such tasks as
updating the current modeling to HEC-RAS or generating a new HEC-
RAS model for existing and proposed conditions, revising the existing
conditions hydrology in HEC-HMS based on current development
levels, and providing hydrologic analysis in HEC-HMS of the ultimate
development conditions are not currently included in this scope. The
following tasks will be included in the feasibility analysis.
(1) Topographic information including field survey and existing
topography will be gathered as well as available hydrologic and
hydraulic modeling and all available background information
including reports, mapping, and CADD and GIS information. This
information will be examined for accuracy and applicability. In
addition, a one-day site investigation will be performed.
(2) Hydraulic modeling will be completed for both existing and
proposed development conditions. The existing modeling will
incorporate new topographic data and reflect current conditions of
the existing culvert and surrounding channel. The proposed
hydraulic modeling will consist of a new culvert for a 4-lane divided
road as well as the option of adding capacity to the existing culvert
by adding an additional barrel(s). The two alternatives will be
optimized to determine the best size, number, headwall
configuration, and necessary erosion control measures. Impacts to
the existing floodways will also be evaluated.
K. Subsurface Utility Engineering (S.U.E.) - The Consultant will
designate the existing 18-inch/24-inch water line and telephone duct
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bank using geophysical prospecting equipment and mark with paint
and/or pin flags along North Colony Boulevard from Curry to Paige.
Designating other utilities is not included in this proposal. The
Consultant will perform SUE in accordance with ASCE CI/ASCE 38-02
"Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data."
The Consultant's services will be performed in a manner consistent
with that degree of skill and care ordinarily exercised by members of
the same profession currently practicing under similar circumstances.
(1) Locating (Vacuum Excavation) - Up to five (5) test holes will be
performed on the 18-inch/24-inch water line at locations specified
by the City of The Colony. Halff will dig a 12" x 12" test hole, record
the depth, backfill and compact the hole, and restore the surface to
its original condition. An iron rod with cap or "x-cut" will be set and
surveyed to mark the location of the test hole.
(2) SUE Field Manager / Project Manager - A SUE Field Manager will
be on-site for a portion of this project for field crew supervision, field
quality control, and coordination with on-site personnel. A Project
Manager will be responsible for QA/QC, management of the
contract and coordination with the project team.
(3) SUE Deliverables - A Test Hole Data Form will be completed for
each hole performed indicating depth, size, condition, and material
of utility.
(4) Traffic Control - The Consultant will provide routine/ordinary traffic
control consisting of cones and free-standing signage for this
project. It does not include lane closure(s), flag person(s), arrow
board(s), and changeable message board(s). If unique traffic
control situations are required, Halff will prepare a Supplemental
Agreement and submit for approval to the City of The Colony.
L. Public Meetings - The Consultant will assist the City in conducting
one (1) public meeting with residents and other stakeholders to present
the design. Halff will prepare visual materials for presentation at the
meeting.
M. City Council Coordination - The Consultant shall prepare the
necessary exhibits and a roll drawing to present to the City Council.
The Consultant will also attend one (1) City Council meeting to discuss
the project if necessary.
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N. Construction Control Staking - The Contractor will provide
construction staking.
0. 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.
4. Schedule:
A. Completion of design surveys and geotechnical investigation: 49
calendar days from date of written authorization to begin work.
B. Completion/furnishing 30% schematic plans, specifications, bid
quantities, and construction cost estimate: 77 calendar days from date
of written authorization to begin.
C. Completion/furnishing 60% preliminary plans, specifications, bid
quantities, and construction cost estimate: 182 calendar days from
date of written authorization to begin, including 28 days for City review
time.
D. Completion/furnishing 100% final plans, specifications, bid quantities,
and construction cost estimate: 266 calendar days from date of written
authorization to begin, including 56 days for City review time.
E. Bidding services: 70 calendar days from city's approval of final plans.
This is anticipated to occur over the 2009 holidays.
F. Construction services: In accordance with construction schedule
(estimated to be 510 calendar days total)
G. Closure: 60 calendar days from the date of construction completion.
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EXHIBIT "B"
COMPENSATION
for
Construction Plans, Specifications, and Estimates
for the Widening of North Colony Boulevard from Curry Drive to Paige
Road
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 $393,800 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 for
each construction package.
The basis of compensation for Basic Fee services shall be as follows:
1. $110,900 for Phase I - Schematic Design Phase (30% submittal)
2. $110,900 for Phase II- Preliminary Design Phase (60% submittal)
3. $122,000 for Phase III - Final Design Phase (100% submittal)
4. $50,000 for Construction Phase Services
Items (1) through (4) will be billed monthly based on actual completion of
the tasks and may include partial payments of the total amounts
designated for each item.
B. Special Services - Special Services will be billed monthly based on
actual completion of the tasks and may include partial payments of the
total amounts designated for each item. The table on the following page
summarizes special services fees.
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TASK DESCRIPTION FEE
1. Design Surveys $30,000
2. Right-of-Way Map Preparation $11,800
3. Right-of-Way Parcels based on 2) $6,000
4. Environmental Review Document $19,600
5. Geotechnical Investigation $11,600
5.Culvert Hydraulic Analysis $15,400
6. SUE Services $18,300
7. ARS Plan Review Fee and TDLR $800
State Filing Fee
8. TDLR Inspection Fees $600
9. Oncor/TXU permit $2,500
10. Public Meetings $4,000
11. City Council Meeting $2,000
12. Printing of Plans and Specifications $3,500
TOTAL SPECIAL SERVICES $126,100
The total maximum fee for all services is $519,900.
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