HomeMy WebLinkAboutCity Council Resolutions (Resolution R-19-4345)-01/15/2019RESOLUTION R-19-4345
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
JANUARY 15, 2019
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of a professional services agreement with Freese and
Nichols, Inc., in an amount not to exceed $181,268, for the design of
the Roberts Road Reconstruction Project, and authorizing the City
Manager to execute the agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 15TH DAY OF
JANUARY 2019.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST:
Christine Loven, TRMC
City Secretary
�Y OOFCOLLEYVILLE
' UPL
Richard Newton
Mayor
PROFESSIONAL SERVICES AGREEMENT
ROBERTS ROAD FROM GLADE ROAD TO CITY LIMITS
This Professional Services Agreement ("Agreement') is made by and between the City of
Colleyville ("City"), and Freese and Nichols, Inc. ("Professional") (each a "Party" and collectively
the "Parties"), acting by and through their respective authorized representatives.
RECITALS
WHEREAS, City desires Professional to perform certain work and services set forth in
Section 1, Scope of Services and
WHEREAS, Professional 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
Section 1, of this Agreement;
NOW, THEREFORE, for and in consideration of the covenants and promises made one to
the other herein, City and Professional agree as follows:
Section 1. Scope of Services
Upon issuance of a written Notice to Proceed by City, Professional agrees to provide to City
the professional services for Roberts Road from Glade Road to City Limits ("Project') as set forth in
the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference ("the Scope
of Services").
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the "Effective
Date") and shall continue until Professional completes the services required herein to the satisfaction
of City, unless sooner terminated as provided in Section 8, below.
Section 3. Professional Obligations
A. 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 effort to provide such additional services
in accordance with the fee schedule set forth in Exhibit "A", attached hereto and incorporated herein
by reference, and within the time schedule prescribed by City; and without decreasing the
effectiveness of the performance of services required under this Agreement.
B. 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 with the prior written approval of City. The cost of such personnel and
assistance shall be a reimbursable expense to Professional only if authorized in writing in advance by
City.
C. Professional shall fumish and pay for all labor, tools, materials, equipment, supplies,
transportation and management necessary to perform all services set forth in the Scope of Services.
Section 4. Payment
A. City agrees to pay Professional for all services authorized in writing and properly
performed by Professional in accordance with the payment schedule set forth in Exhibit "A," attached
hereto and incorporated herein by reference, subject to additions or deletions for changes or extras
agreed upon in writing. All fees paid to Professional, by City, shall be based on invoices submitted
by Professional for work performed monthly by City, less any previous payments, and shall be paid
within 30 days of receipt of invoice by City.
B. City reserves the right to delay, without penalty, any partial payment when, in the
opinion of City, Professional has not made satisfactory progress on the design of this Project based
on the Scope of Services.
C. The total compensation to Professional shall be as specified in payment schedule set
forth in Exhibit "A", which shall not exceed One Hundred Eighty -One Thousand Two Hundred Sixty -
Eight Dollars ($181.268) City may deduct from any amounts due or to become due to Professional
any sum or sums owing by Professional to City. In the event of any breach by Professional of any
provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim
or lien against City, or City's premises, arising out of Professional's performance of this Agreement.
City shall have the right to retain out of any payments due or to become due to Professional an amount
sufficient to completely protect City from any and all loss, damage or expense therefrom, until the
breach, claim or lien has been satisfactorily remedied or adjusted by Professional.
Section 5. Responsibilities
A. 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.
B. 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 or of any cause of action arising out of the performance of 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.
C. The rights and remedies of City under this Agreement are as provided by law.
Section 6. Time for Performance
A. Professional shall perform all services as provided for under this Agreement in a
proper, efficient, timely, and professional manner in accordance with City's requirements.
B. In the event Professional's performance of this Agreement is delayed or interfered with
by acts of the 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.
C. No allowance of any extension of time, for any cause whatever, shall be claimed or
made to Professional, unless Professional shall have made written request upon Cite for such
extension within forty-eight (48) hours after the cause for such extension occurred, and unless City
and Professional have agreed in writing upon the allowance of additional time to be made.
Section 7. Documents
A. All surveys, studies, proposals, applications, drawings, plans, specifications and other
documents, including those in electronic form, prepared by Professional and its consultants,
subcontractors, agents, representatives, and/or employees in connection with this Agreement
("Project Documents") are intended for the use and benefit of City. Professional and its consultants,
subcontractors, agents, representatives, and/or employees shall be deemed the authors of their
respective part of the Project Documents. Notwithstanding, upon payment by City as required by this
Agreement, 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 (except copyrights held by the Professional) in and to all Project Documents, whether in
draft form or final form, which are produced at City's request and in furtherance of this Agreement.
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 upon payment of Professional as provided in this Agreement. City shall have the
right to publish, disclose, distribute and otherwise use Project Documents 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 and full payment for Professional's services by the City, or earlier termination and
appropriate compensation as provided by this Agreement, provide City with reproductions of all
materials, reports, and exhibits prepared by Professional pursuant to this Agreement in a TIFF, JPEG
or PDF format, and a DXF format in current version of AutoCAD with NAD-83 coordinate format of
all such instruments of service to the City.
B. All instruments of service (including plans, specifications, drawings, reports, designs,
computations, computer programs, computer code, software, estimates, surveys, other data or work
items, etc.) prepared under this Agreement shall be submitted for approval of City. All instruments
of service shall be professionally sealed as may be required by law or by City.
C. Acceptance and approval 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
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 City for any defect in the designs, working drawings and specifications, or other
documents prepared by Professional, its employees, contractor, agents and consultants.
Section 8. Termination
A. City may suspend or terminate this Agreement for cause or without cause at any time
by giving written notice to Professional. In the event suspension or termination is without cause,
payment to Professional, in accordance with the terms of this Agreement, will be made on the basis
of services reasonably determined by City to be satisfactorily performed to the date of suspension or
termination. Such payment will be due upon delivery of all instruments of service to City.
B. Should City require a modification of this Agreement with Professional, and in the
event City and Professional fail to agree upon a modification to this Agreement, City shall have the
option of terminating this Agreement and Professional's services hereunder at no additional cost other
than the payment to Professional, in accordance with the terms of this Agreement, for the services
reasonably determined by City to be properly performed by Professional prior to such termination
date.
C. Termination for Force Majeure. To the extent either Party of this agreement shall be
wholly or partially prevented from the performance of the term specified, or of any obligation or duty
placed on such party by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of
war, insurrection, court judgment, act of God, or other specific cause reasonably beyond the parties
control and not attributable to its malfeasance, neglect or nonfeasance. In such event, the time for
performance of such obligation or duty shall be suspended until such disability to perform is removed.
Section 9. Insurance
A. Professional shall during the term hereof maintain in full force and effect the following
insurance:
(i) A commercial general liability policy of insurance for bodily injury, death and property
damage insuring against all claims, demands or actions relating to the Professional's
performance of services pursuant to this Agreement with a minimum combined single
limit of not less than $1,000,000.00 per occurrence for injury to persons (including
death), and for property damage;
(ii) An automobile liability insurance policy covering any vehicles owned and/or operated
by Professional, its officers, agents, and employees, and used in the performance of
this Agreement with policy limits of not less than $500,000.00 combined single limit
and aggregate for bodily injury and property damage;
(iii) Statutory Worker's Compensation Insurance at the statutory limits and Employers'
Liability covering all of Professional's employees involved in the provision of services
under this Agreement with policy limit of not less than $500,000.00; and
(iv) Professional Liability covering negligent acts, errors and omissions in the performance
of professional services with policy limit of not less than $1,000,000.00 per claim and
$1,000,000.00 in the aggregate.
B. All insurance and certificate(s) of insurance shall contain the following provisions
(i) Name the City, its officers, and employees as additional insureds as to all applicable
coverage (not including the Workers Compensation Insurance and Professional
Liability);
(ii) Provide for at least thirty (30) days prior written notice to the City for cancellation or
non -renewal of the insurance or reduction in coverage limits; and
(iii) 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 (not including the Professional Liability Insurance).
C. All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least "A" by AM Best or other equivalent rating service.
D. A certificate of insurance evidencing the required insurance and all endorsements shall
be delivered to City prior to commencement of services.
Section 12. 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
INDEMNITEES") 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 THE CITY INDEMNITEES.
PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS THE CITY
INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS'
FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY
TO THE EXTENT CAUSED BY THE NEGLIGENT PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR
PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS,
INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO
NEGLIGENCE OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE
PROFESSIONAL SHALL INDEMNIFY THE CITY INDEMNITEE ONLY TO THE EXTENT
OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO PROFESSIONAL, ITS
OFFICERS, AGENTS, OR EMPLOYEES AS DETERMINED BY A COURT OR OTHER
FORUM OF COMPETENT JURISDICTION). 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.
Section 13. Assignment
Professional shall not assign or sublet this Agreement, or any part thereof, without the prior
written consent of City.
Section ld. Applicable Laws
Professional shall comply with all Federal, State, County and Municipal laws, ordinances,
regulations, safety orders, resolutions and building codes relating or applicable to services to be
performed under this Agreement. 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 Tarrant County,
Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court
Section 15. Default of Professional
In the event, Professional fails to comply or becomes disabled 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 City to Professional, 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 Professional except for all work determined by 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 Professional to and from meetings called by City at which Professional
is required to attend, but shall not include any loss of profit of Professional. In the event of such
termination, City may proceed to complete the services in any manner deemed proper by City, either
by the use of its own forces or by re -subletting to others.
B. 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 Professional.
Section 16. Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
Professional without a written agreement with City prior to the performance of such services.
Section 17. Execution becomes Effective
This Agreement will be effective on the date when signed by authorized representatives of
Professional and City (`the Effective Date").
Section 18. Agreement Amendments
This Agreement contains the entire understanding of the Parties with respect to the subject
matter hereof and there are no 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.
Section 19. 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 affect any other provisions, and the Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained in it.
Section 20. Independent Contractor.
It is understood and agreed by and between the Parties that Professional in satisfying the
conditions of this Agreement, is acting independently, and that City assumes no responsibility or
liabilities to any third party in connection with Professional's 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. There is no intended third party beneficiary to this Agreement.
Section 21. Rieht-Of-Access.
City will obtain and/or fiirnish right -of -access on any project site for Professional to perform
any required studies, surveys, tests or other necessary investigations in relation to the Scope of
Services. Professional will take reasonable precautions to minimize damage to the personal or real
property in the performance of such surveys, tests, studies and investigations.
Section 22. 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 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 to City: Jerry Ducay, City Manager
City of Colleyville
1000 Colleyville Road
Colleyville, Texas 75077
With copy to: Whitt L. Wyatt
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
500 North Akard, Suite 1800
Dallas, Texas 75201
If to Professional: John F. Dewar, P.E., S.E.
Principal and Vice -President
Freese and Nichols, Inc.
4055 International Plaza, Suite 200
Fort Worth, TX 76109
Section 23. Counterparts.
This Agreement may be executed by the Parties 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.
Section 24. Exhibits.
The exhibits attached hereto are incorporated herein and made a part hereof for all purposes.
Section 25. Survival of Obligations.
Any of the representations 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.
Section 26. 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.
Section 27. 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.
Section 28. Recitals.
The recitals to this Agreement are incorporated herein.
Section 29. Audits and Records.
Professional agrees that during the term hereof the 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 the City or date of
termination if sooner.
Section 30. Conflicts of Interests.
Professional represents that no official or employee of the City has any direct or indirect
pecuniary interest in this Agreement.
Section 31. Hazardous Materials.
Professional shall report the presence and location of any hazardous materials it notices or
which an engineer of similar skill and experience should have noticed to the City.
(Signature page to follow)
EXECUTED in duplicate originals this the 54kday of I c1 auA R-) . 20/,9
CITY OF COLLEYVILLE, TEXAS
10
APPROVED AS TO FORM:
By:
hitt L. yatt, City Attorney
(FORM:Rev8.201s 10212e)
EXECUTED in duplicate originals this the f ay of 'S&UAe y , 20AJ.
FREESE AND NICHOLS, INC.
By:
Name: ihn F. Dewar. P.E. S.E.
Title: Principal and Vice President
4055 International Plaza, Suite 200 • Fort Worth, Texas 76109 • 817-735-7300 • fax 817-735-7491 www.freese.com
November 30, 2018
Robert Sauceda, PE
City Engineer
City of Colleyville
100 Main St
Colleyville, TX 76034
Re: Roberts Road from Glade Road to City Limits
Dear Mr. Sauceda:
Exhibit A - Scope of Services
We are pleased to submit a proposal for the Roberts Road project from Glade Road extending north to
the City limits. We understand the scope to be widening of Roberts Road to 31 feet back -of -curb to
back -of curb with addition of turn lanes both at the approach to Glade Road as well as on Glade Road.
summary of our proposed services is as follows:
Services
Cost
Project Administration (Status Reports, Meetings, Utility Coordination)
$11,199
Design Phase
$116,625
Bid Phase
$5,934
Construction Phase
$13,702
Basic Services Subtotal $147,460
Special Services
Pubic Meeting $4,440
Environmental $7,604
Topographic Survey —Sub 1519, LLC $17,969
ROW Documents (2) — Sub 1519, LLC $2,760
TDLR Registration, Review and Inspection $1,035
Special Services Subtotal $33,808
Grand Total
$181,268
We appreciate the opportunity and look forward to continuing to work with the City of Colleyville.
Sincerely,
Alex Garcia, PE, PTOE J n Dewar, P.E., S.E.
Project Manager rincipal & Vice -President
Attachments included in this Exhibit A (Scope of Services)
Scope, Fee, Exhibit, Opinion of Probable Cost, Design Project Schedule
EXHIBIT A
to the Professional Services Agreement
Scope of Services for
Roberts Road from Glade Road to Birch Avenue
Project Understanding:
The City plans to reconstruct Roberts Road from Glade Road to the City Limits near Birch Avenue
(approximately 2,300 linear feet). Roberts Road is classified as a minor collector which would be a 31'
back-to-back concrete roadway section according to city standards, however, the typical section may need
to deviate due to site constraints. The project will be locally funded and may require some property
acquisitions.
Basic Services
A. General
a. Project Administration
L Prepare monthly invoicing to City. Status report will not be required.
ii. Attend design kickoff meetings with City.
iii. Progress meetings will be held at the 30% and 60% submittal. Meetings at 90 and
Final may also be held at City's request.
iv. Up to an additional two (2) other general design coordination meetings as
required are included in this Scope of Services.
b. Data Collection
i. Obtain as -built drawings from City regarding existing roadway and utility
features.
ii. Attend preliminary site visit to review project site elements and constraints
B. Plan Set Development
a. A set of construction drawings containing the following sheets will be prepared:
i. Cover Sheet
ii. Index
iii. Project Layout
iv. Typical Sections
v. Construction Phasing (Phasing only, not detailed traffic control layout)
vi. Survey Control
vii. Horizontal/Vertical Control
viii. Alignment Data
ix. Plan and profile sheets
x. Intersection Layouts
xi. Driveway layouts
xii. Cross Section Sheets
xiii. Roadway Standard Details
xiv. Drainage Area Maps
xv. Hydrologic and Hydraulic Calculations
xvi. Storm Sewer Layout
xvii. Storm Drain Standards
xviii. Illumination Layout (conduit and fbundations only)
xix. Erosion control plan
b. Deliverables —Prepare drawing review submittals at 30%, 60%, 90% and Final drawings.
Interim design submittals shall generally include:
i. 30% - plan layout of required elements and preliminary roadway profile,
preliminary traffic control phasing, and listing of standard details.
EXHIBIT A
to the Professional Services Agreement
Scope of Services for
Roberts Road from Glade Road to Birch Avenue
ii. 60% - All major plan and profile elements and traffic control plans, inclusion of
standard details. Bid Proposal.
iii. 90% - inclusion of detailed design elements and project specific details and
complete project specifications.
iv. Opinion of probable costs will be provided with each submittal
v. Each submittal will be provided in PDF, I- 22x34 and 3-1 Ixl7 paper copies
unless otherwise noted.
C. BID PHASE. Upon completion of the design services and approval of "Final" drawings and
specifications by City, Professional will proceed with the performance of services in this phase as
follows:
a. Assist City by responding to questions and interpreting bid documents. Prepare addenda
to the bid documents if necessary.
b. At City request, Professional will assist in the opening, tabulating, and analyzing the bids
received. Review the qualification information provided by the apparent low bidder to
determine if, based on the information available, they appear to be qualified to construct
the project. Recommend award of contracts or other actions as appropriate.
c. Assist the City by attending a pre -bid conference for the construction projects and
coordinating responses with City. Response to the pre -bid conference will be in the form
of addenda issued after the conference.
D. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services.
Professional will proceed with the performance of construction phase services as described below.
Professional will endeavor to protect City in providing these services however, it is understood that
Professional does not guarantee the Contractor's performance, nor is Professional responsible for
supervision of the Contractor's operation and employees. Professional shall not be responsible for
the means, methods, techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to the condition of the
premises, the work of the Contractor or any Subcontractor. Professional shall not be responsible
for the acts or omissions of any person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
These services are based on the use of Professional's standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or contract
administration procedures are an additional service. If general conditions other than Professional
standards are used, the City agrees to include provisions in the construction contract documents
that will require the construction contractor to include Professional and their subconsultants on this
project to be listed as an additional insured on contractor's insurance policies.
E. The construction of this Project is assumed to last approximately 6 months and to be City let and
administered.
F. Assist City and by attending a pre -construction conference(s) with the Contractor(s), review
construction schedules prepared by the Contractor(s) pursuant to the requirements of the
construction contract and prepare a proposed estimate of monthly cash requirements of the Project
from information provided by the Construction Contractor.
EXHIBIT A
to the Professional Services Agreement
Scope of Services for
Roberts Road from Glade Road to Birch Avenue
G. Make up to six (6) visits appropriate to the stage of construction to the site (as distinguished from
the continuous services of a Resident Project Representative) to observe the progress and the
quality of work and to attempt to determine in general if the work is proceeding in accordance with
the Construction Contract Documents. In this effort Professional will endeavor to protect the City
against defects and deficiencies in the work of Contractors and will report any observed
deficiencies to City. Visits to the site in excess of the specified number are an additional service.
H. Notify City of contractor's non -conforming work observed on site visits. Review quality related
documents provided by the contractor such as test reports or other documentation required by the
Construction contract documents.
I. Interpret the drawings and specifications for City and Contractor(s). Investigations, analyses, and
studies requested by the Contractor(s) and approved by City, for substitutions of equipment and/or
materials or deviations from the drawings and specifications is an additional service.
J. If requested, assist City in negotiations with the contractor on behalf of the City to determine the
cost and time impacts of these changes. Review change order documentation for approved changes
for execution by the City. Documentation of field orders, where cost to City is not impacted, will
also be prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other deviations from the
construction contract documents requested by the contractor and approved by the City are an
additional service. Substitutions of materials or equipment or design modifications requested by
the City are an additional service.
K. Receive and evaluate notices of contractor claims and make recommendations to the City on the
merit and value of the claim on the basis of information submitted by the contractor or available in
project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of
the City if appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of Professional are an additional service.
L. Conduct, in company with City's representative, a final review of the Project for conformance with
the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation
of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and
keys from the contractor. Review and comment on the certificate of completion and the
recommendation for final payment to the Contractor(s). Visiting the site to review completed work
in excess of two trips are an additional service.
M. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s) reflecting changes in the Project made during construction. One (I ) PDF of "Record
Drawings" shall be provided by Professional to City.
Special Services
A. Public Meeting — attend one (1) public meeting. Prepare typical sections, and layouts and attend
to address any specific design questions regarding the project.
B. Environmental
Based on our understanding of the project area and a cursory review of aerial photography, Clean
Water Act Section 404 permit authorization from the U.S. Army Corps of Engineers (USACE) is
not anticipated.
a. Gather and Review Existing Information - FNI will compile readily available existing
information and prepare maps of the proposed project alternatives in preparation for a
EXHIBIT A
to the Professional Services Agreement
Scope of Services for
Roberts Road from Glade Road to Birch Avenue
pedestrian survey. The types of information that will be gathered will include, but are not
limited to, U.S. Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish and
Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, Natural Resources
Conservation Service (NRCS) soils maps, as well as recent and historical aerial
photographs of the site.
b. Conduct Pedestrian Survey — FNI will conduct a pedestrian survey along the Roberts
Road right-of-way (ROW), to observe existing environmental conditions and identify types
and locations of potential waters of the U.S., if present. This task does not include
conducting detailed wetland delineations necessary for the preparation and submittal of a
Pre -Construction Notification (PCN) to the USACE. Observations will also include noting
the presence of potential habitat for any federally listed threatened or endangered species
for Tarrant County and evidence of any obvious environmental contamination such as
stained soils, sheen on water, etc.
c. Coordinate with the Texas Historical Commission — Projects sponsored by public
entities that affect a cumulative area greater than five acres or that disturb more than 5,000
cubic yards require advance consultation with the Texas Historical Commission (THC)
according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed
project is likely to exceed one or both of these thresholds, coordination with THC is
expected to be required. FNI will draft a consultation letter to the THC for the City's
review and comment. FNI will incorporate the City's comments and submit the
consultation letter to the THC. Any follow up studies requested by the THC are not
included in this scope of services but can be provided upon written authorization.
d. Prepare a Technical Memorandum — Information gathered during the pedestrian survey
and consultation with the THC will be used to prepare a draft technical memorandum. The
memorandum will include discussions of methodologies used, the hydrologic
characterization and locations of potential waters of the U.S., and an opinion on their
jurisdictional status, if present, as well as listed federal threatened and endangered species
potentially occurring in the county and any habitat present. A Section 404 permitting
strategy will be discussed, if applicable. The draft technical memorandum will be
submitted to the City for review and comment. After incorporating the City's comments
into the document, FNI will submit a final technical memorandum to the City.
EXHIBIT A
to the Professional Services Agreement
Scope of Services for
Roberts Road from Glade Road to Birch Avenue
C. Design Survey
a. Establish project control at 500-foot intervals using Global Positions System (GPS)
methodology. Horizontal values will be based on the Texas State Plane Coordinate
System, north American Datum of 1983, CORS96, North Central Zone (4202) and scaled
to surface by using the surface adjustment factor for the Texas Department of
Transportation (TxDOT) — Fort Worth District (1.00012). The vertical values will be
established by a closed level circuit tied into the City's benchmarks.
b. Research current property owners and obtain copies of subdivision plats, ownership deeds,
and existing easement within the project area.
c. Locate existing property corners and right-of-way corners to establish property lines and
street rights -of -way.
d. Design survey within the existing right-of-way of Roberts Road, including ten (10) feet
west of the west right-of-way line along the Covenant Church of Colleyville property. The
design survey will include pavement edges, curb and gutter, driveways, culverts, fences
and gates, signs, mailboxes, tope and toes of slopes, spot elevations, tree six (6) inches and
greater, surface locations of utilities and flowline elevations of sanitary and storm sewer
manholes where assessible. And other surface features.
e. Provide a digital design survey drawing in MicroStation format prepared to FNI standards
showing visible surface features located, and ASCII point tile, and a copy of field notes
and field sketches. Prepare a digital property map showing lot numbers, property lines,
right-of-way lines, existing easement, and ownership with recording information.
D. Right of Way & Easement Acquisitions —
a. Prepare up to two (2) parcel maps and descriptions for right-of-way acquisitions, signed
and sealed by a Registered Professional Land Surveyor.
E. Texas Department of Licensing and Registration Compliance — Submit plans for project
registration, review and registration by an American with Disabilities Act (ADA) Registered
Accessibility Specialist (RAS).
Additional Services: Any services performed by FNI that are not specifically included in the Basic
Services or Special Services as described above are Additional Services.
- end of scope -
Opinion of Probable Cost, Fee Schedule, Project Location Photo, and Design Project
Schedule to follow
Opinion of Probable Cost
Roberts Road
Project Length
2229 LF
Roadway width
31 FT
Residential Driveway
20 SY
Commecial Driveway
60 SY
Turn Lanes
400 LF
Turn Lane Width
12 FT
DESCRIPTION
CITY UNIT
UNIT
COST
EXT
COST
Mobilization
1 LS
$ 132,100.00
$
132,100.00
ROW Prep
23 STA
$
2,000.00
$
46,000.00
Barricades & Traffic Handling
6 MO
$
5,000.00
$
30,000.00
Earthwork
8700 CY
$
15.00
$
130,500.00
Subgrade stabilization
9210 SY
$
4.00
$
36,840.00
Lime/Cement for Stabilization
200 TON
$
150.00
$
30,000.00
Concrete Pavement
8300 SY
$
55.00
$
456,500.00
Concrete Mono curb
4700 LF
$
4.00
$
18,800.00
Concrete Driveways
600 SY
$
60.00
$
36,000.00
Concree Sidewalk
2600 SY
$
45.00
$
117,000.00
Sidewalk Ramps
12 EA
$
1,250.00
$
15,000.00
15' Curb Inlet
15 EA
$
5,000.00
$
75,000.00
24" RCP
450 LF
$
60.00
$
27,000.00
36" RCP
1200 LF
$
75.00
$
90,000.00
48" RCP
1200 LF
$
90.00
$
108,000.00
Manholes
5 EA
$
5,000.00
$
25,000.00
Headwall/SET
1 EA
$
2,000.00
$
2,000.00
Signs
13 EA
$
500.00
$
6,500.00
Striping
4500 LF
$
1.00
$
4,500.00
Street Light Founations
12 EA
$
800.00
$
9,600.00
Conduit
2300 LF
$
15.00
$
34,500.00
Ground Boxes
6 EA
$
500.00
$
3,000.00
Silt Fence
4500 LF
$
3.00
$
13,500.00
Erosion Logs
600 LF
$
3.00
$
1,800.00
Construction Entrance/Exit
90 SY
$
40.00
$
3,600.00
Subtotal
$
1,452,740.00
Contingency
30%
$
435,822.00
Total
$
1,888,562.00
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