Loading...
HomeMy WebLinkAboutResolution No. 2010-092 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010- C) A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND HALFF ASSOCIATES FOR THE DESIGN OF THE PHASE IVA RESIDENTIAL STREET RECONSTRUCTION, 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: THE DESIGN OF THE PHASE IVA RESIDENTIAL STREET RECONSTRUCTION; 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 $374,300 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Professional Services Contract, which is attached 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 for a total amount not to exceed $374,300. 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. PASSED, APPROVED and EFFECTIVE this 16th day of November, 2010. ATTEST: C/ tt e McCo rry, Mayor 411 City of Tlie Colony, Te as Christie Wilson, City Secretary X44 ~~~id~ £zt;. ~,zczG;rll.~ APPROVED AS TO FORM: Jeff Moore, City Attorney STATE OF TEXAS § CITY OF THE COLONY, TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DENTON § This Agreement for Professional Services ("Agreement") is made by and between the City of The Colony, Texas, a municipal corporation located in Denton County, Texas ("City"), and Halff Associates, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' 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, Professional desires to render professional services for City for Construction Plans Specifications, and Estimates for Phase IV Street Reconstruction ("Project") in accordance with the tenus 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 Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and shill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and shall continue until completion of the services provided by Professional to City under this Agreement. 2.2 Professional may terminate this Agreement by giving thirty (30) days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT - Page 1 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled "Scope of Services". In case of conflict with the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement shall control. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. 3.3 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 ("Project Documents") 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 the foregoing, 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, including copyrights, 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 for 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. Professional shall, upon completion of the services provided under this Agreement, or upon earlier termination of this Agreement, provide City with reproductions of all materials, reports, and exhibits prepared by Professional pursuant to this Agreement, and shall provide same in electronic format if requested by City. Any re-use of the Project Documents by the City on any other project not contemplated or included under this Agreement shall be at the City's sole risk, without liability to Professional. Notwithstanding any language to the contrary Professional has, shall have, and shall continue to have all rights and privileges related to the use of the information contained in the Project Documents. City understands and agrees that the Project Documents contain information, details and other data of value ("technical data") that are at the core of Professional's business and that any perceived transfer of such technical data would adversely limit, affect and impact Professional's interests and, in order to avoid unduly affecting, impacting and limiting Professional's business, Professional shall identify such technical data to City, when necessary. CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT- Page 2 Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City (the "Work Schedule"), which is attached hereto and incorporated as Exhibit B. 4.2 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, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five (5) business days after Professional has actual knowledge of the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in Exhibit A by payment of a fee not to exceed $374,300.00. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period, the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 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, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. CITY OF THE COLONY, TEXAS, PROFESSIONAL SERwCES AGREEMENT - Page 3 Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon 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. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and arnount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of The Colony and may be subject to current budget year limitations. 6.3 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. 6.4 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 VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. 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, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's 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 to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. 7.2 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 CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT - Page 4 revise any en ors or deficiencies in the Project Documents and other services provided under this Agreement. Neither City's review, approval, nor acceptance of, nor payment for any of, the services provided 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 VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of The Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per occurrence, $1,000,000 Products/Completed Operations Aggregate, and $1,000,000 general aggregate. Coverage must be written on an occurrence forin. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $1,000,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by the negligent error, omission or act with minimum limits of $2,000,000 per claim, $2,000,000 annual aggregate. CITY OF THE COLON)' TEXAS PROFESSIONAL SERVICES AGREEMENT - Page 5 NOTE:lf the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during nonnal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings, written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT - Page 6 10.2 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. 10.3 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. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Denton County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 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 by a court of competent jurisdiction, such invalidity, illegality or unenforeeability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10.8 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 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confanned telefax or facsimile to the address specified 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: City Manager Director of Engineering City of The Colony City of The Colony 6800 Main Street 6800 Main Street The Colony, Texas 75056 The Colony, Texas 75056 CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT -Page 7 If intended for Professional: Halff Associates, Inc. Attn: Benjamin L. McGahey 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed 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. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional, its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEY'S 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 WILLFUL MISCONDUCT OR PROFESSIONAL'S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE SOLE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT 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. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CITY OF THE COLONY TEXAS PROFESSIONAL SF,RVICES AGREEMENT -Page 8 CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the terin of this Agreement, Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful mamler and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information" means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public, proprietary or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes and operating procedures, together with all analyses, compilations, studies or other documents, whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. CITY OF THE COLONY TEXAS PROFESSIONAL SERVICEs AGREEM ENT - Pagc 9 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. EXECUTED this day of City of The Colony, Texas By: Ll~ Cit nager Attest: j ) City Secretary EXECUTED this a.t'~ day of e ? 2010. Professional By: *q . es, 4- Name: Benjamin L McGahey P.E. Title: Project Manager Attest: Corp ra ecretary CITY OF THE COLONY TEXAS PROFESSIONAL SERVICES AGREEMENT - Page 10 EXHIBIT "A" SCOPE OF WORK for Construction Plans, Specifications and Estimates Phase IV Street Reconstruction in THE COLONY 1. Description: The project will involve the reconstruction of six (6) streets. They are as follows: Nash Drive - John Yates Drive to Paige Road Clover Valley Drive - South Colony Boulevard to Arbor Glen Road Avery Lane - Clover Valley Drive to Paige Road Strickland Avenue - 330 feet east of Blair Oaks Drive to 300 feet east of John Yates Drive Ragan Road - North Colony Boulevard to Ragan Place Roberts Drive - Blair Oaks Drive to John Yates Drive Streets will be reconstructed to the same width' as existing and with 6-inch (Clover Valley, Avery and Roberts) to 7-inch (Ragan, Nash and Strickland) thick reinforced concrete paving sections in accordance with each street's classification. Sidewalks and driveway returns within street rights-of-way will be constructed as well. Also included are drainage improvements, water and sanitary sewer lines within street right-of-way. 2. Assumptions: Halff services shall include only services that are normal and customary and are not represented as including special services or those requiring expertise that is greater than that provided by other service providers. 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 surveyor shall establish temporary benchmarks throughout the length of the project. A-1 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets\design\phase iv street recon - revised page a-L m (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 in order to establish 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. 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" = 50' 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) Protect General Notes and Legend: These sheets will include a listing of abbreviations, legend, and general notes. (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 A-2 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets design\exhibit a - phase iv street reconstmetion.doc 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 1 +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 erosion 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' In 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. (9) 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. (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, A-3 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets design\exhibit a -phase iv street reconstruction.doc 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. Five (5) 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 twenty-five (25) sets of half-size prints 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. (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. Up to four (4) full-size and four (4) half-size final construction plans shall be furnished to the City. Up to two (2) full-size and three (3) half-size final construction plans shall be furnished to the Contractor. Electronic files in PDF and DGN or DWG format shall be provided to the Contractor for use during construction. (13) Generic Sheet List: Following is a general list of plan sheets required for each construction package. (a) Cover Sheet (b) Sheet Index and Legend (c) Project General Notes (d) Typical Paving Sections (e) Project Layout Sheet(s) (f) Demolition Plans (g) Paving Plan and Profile Sheets (h) Drainage Area Map (i) Hydraulic Grade Line and Inlet Calculations (j) Drainage Plan and Profile Sheets (k) Storm Drain Lateral Profiles (1) City of The Colony Pavement Standard Details (m)Miscellaneous Pavement Details (n) City of The Colony Storm Drain Standard Details (o) Water Line Plan and Profile Sheets (p) Sanitary Sewer Plan and Profile Sheets (q) City of The Colony Water Standard Details (r) City of The Colony Wastewater Standard Details (s) Erosion Control Plans (t) City of The Colony Erosion Control Details (u) Pavement Markings, Lighting and Signage Plans and Details (v) Traffic Control and Sequencing Plans (w) Roadway Cross Sections A-4 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets\design\exhibit a - phase iv street reconstruction.doc C. 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. D. Estimates: Estimates of probable cost will be developed at each milestone submittal. E. Public Meetings: The Consultant shall attend up to two (2) public meetings for this project. The Consultant shall prepare exhibits for the meeting and assist the City in making the presentation. Halff will answer questions and prepare minutes. The City will provide the meeting place and handle citizen notifications. F. 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. G. Construction Control Staking: The Contractor will provide construction staking. H. Bidding, Construction, Closure: (1) Bidding - During the bidding phase, the Consultant will prepare bid documents and assist the City in advertising 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 and prepare minutes. The 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. A-5 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets\desi gn\exh i bit a - phase IV street reconstruction.doc (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. 1. 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 are included in this proposal. (2) 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. J. Geotechnical Investigation: The Consultant will subcontract with CMJ Engineering 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. K. 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: 70 calendar days from date of written authorization to begin work. B. Completion/furnishing 60% preliminary plans, specifications, bid quantities, and construction cost estimate: 150 calendar days from date of written authorization to begin. C. Completion/furnishing 100% final plans, specifications, bid quantities, and construction cost estimate: 210 calendar days from date of written authorization to begin, excluding City review time. A-6 i:A1008-10\7139 t53 2010 prospectsUe colony\phase iv streets\design\exhibit a - phase iv street reconstruction.doc D. Bidding services: 60 calendar days from city's approval of final plans. E. Construction services: In accordance with construction schedule (estimated to be 305 calendar days total) F. Closure: 60 calendar days from the date of construction completion. A-7 i:A1008-10\7139 t53 2010 prospects\the colony\phase iv streets\design\exhibit a - phase iv street reconstruction. doe EXHIBIT "B" COMPENSATION for Construction Plans, Specifications and Estimates Phase IV Street Reconstruction 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 $320,900 which includes printing, direct costs and computer charges normally associated with production of these services. The basis of compensation for Basic Fee services shall be as follows: 1. $179,280 for Phase I - Preliminary Design Phase (60% submittal) 2. $119,520 for Phase 11 - Final Design Phase (100% submittal) 3. $22,100 for Construction Phase Services Items (1) through (3) 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. TASK DESCRIPTION FEE 1. Design Surveys $23,000 2. Geotechnical Investigation $18,000 3. Plan Review Fee & TDLR State Filing $1,700 and Inspection Fees 4. Oncor/TXU permit $1,700 5. Public Meetings $4,000 6. City Council Meeting $1,500 7. Reimbursable Expenses (Printing, $3,500 Deliveries, Mileage, etc.) TOTAL SPECIAL SERVICES $53,400 The total maximum fee for all services is $374,300. B-1 m ~ 2 t n N D ? a v n 9 O 8P a$ b d o o v a o F m o o v o v °c° o T 1 a v o V n n n n n g n N N n m o 3 o a a s d o a 3 a s a< d v- a a= w ~ a z. 3 ? 3 a .Z m o ° o o a , ° f 3 o o sd o a o R 3 n s' R~ G o 0 0° o fi. _ y o a v__ Z o o z° N a c. - " 3. o m z o N o n~ N r a. v~ n~$ o~ n^ 's o N'_- g- pgo gn9 zvn N~o ?o~Q? H G 3 x o ae ad.a o ~ a° o$o z n z' ° o n z - N A ~ N n N Z N Z N O n to kn 'tn P t9 °m m m _ n A O a$ o w u o u w - - - - - - - - - - - - - ° w m N g o w N 3 °3 N 3 Uo a w (w+ w w N °Ga NA~ 1 .1 61 b, 6 m mo Q S 8 S S 8 0 o c a 6 o$o S$6b y NN n C m oD n n Ca N D X V 0 N ti 9° 41 A ?i o rn n a 2 a R A a ti m v, o o T oo z o v ti m a o Q A v v~ o i o v o w o ° r O$ 3 o a 0 0" a $ 3 6 o a y 3 s 3 a E o a. N D ,9. 3 3 a H v o o N° A 6 .a o, n 2 5 3 g y 3 3 a s H S v a; y m a d v_ a; a a a s a N d °s a» l/i " i c. A o N N, a s°' " N p A L' d ari 3 n, N :0 a 0 i d as N> a ° HN>aa--Qa 4 e a ~o R " 3 ' n d a 3 N ' a u 3 o a. a Q v o d 2 v G O N HN a~ a°N~?'= a~ o Hy,°-yam ~2 ^ m 3 N n y G n G V N N a a N 9 " O +7; N n 3 f' c - a' - N g v G_ v x c N V d ~ a ~ i a oho z n a m Z8 8 m o$ m o o N A n A £ n V ~ N ~ N F 2 ti N N N a n ~ N ti w $ $ ° S a d g'g o °3- N ~ d p w w o 8 0 m£> n p c 22 2a a r w A V, 62 62 n W y v o° ° ° °o S o 10 8 N ° a o o` _ r3 oSo S8o ggg o