Item 4EItem 4E
CITY OF
SOUTHLAKE
MEMORANDUM
(February 17, 2015)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve engineering services agreement with Halff
Associates, Inc. for the South Carroll Avenue at Zena Rucker
Road traffic signal design in an amount not to exceed $55,000
Action
Requested: Approve engineering services agreement with Halff Associates, Inc.
for the South Carroll Avenue at Zena Rucker Road traffic signal
design in an amount not to exceed $55,000.
Background
Information: The City staff is requesting approval of an engineering services
agreement with Halff Associates, Inc. for the design of the
proposed traffic signal at the intersection of South Carroll Avenue
and Zena Rucker Road. Halff Associates, Inc. will provide the City
with the traffic signal design, signal construction plans, traffic signal
timing, signal timing coordination with TxDOT and provide support
during the construction of the signal.
The recent additions of the Park Village retail development and the
Winding Creek Addition residential development have accelerated
the need for construction of a signal at the proposed location. In
October 2012 as part of Southlake 2030, Kimley-Horn, Inc.
completed the South Carroll Avenue Improvements Study which
provided recommendations to the City for improving mobility along
South Carroll Avenue between Southlake Boulevard (FM 1709) and
Breeze Way. The study included the extension of Zena Rucker
Road from the west to the intersection of South Carroll Avenue
between the commercial site and the residential site.
The study provided four various scenarios on how to improve
mobility within this corridor. Scenario 3 was recommended to be
implemented because of the minimal impact it would have to the
intersection of Southlake Boulevard and South Carroll Avenue
while still maximizing access to the Shops of Southlake and Park
Village. The scenario included modifications to the medians along
South Carroll Avenue from Southlake Boulevard to Zena Rucker
Road, as well as a traffic signal at the intersection of South Carroll
tAl�9m±a
Item 4E
Avenue and Zena Rucker Road to reduce delays and improve
ingress and egress to the commercial developments. The results
of the study were presented at the Southlake 2030 Mobility Master
Plan Committee meeting on September 11, 2012.
Financial
Considerations: Funding has been allocated in the FY14 CIP Budget in the
Roadway Impact Fee Fund.
Strategic Link: The design and future construction of the South Carroll Avenue at
Zena Rucker Road traffic signal links to the city's strategy map
relative to focus areas of Mobility and Quality Development. The
specific corporate objectives that are met by these services are to
provide travel convenience within city and region and invest to
provide and maintain high quality public assets. The Critical
Business Outcome is CB01 — Continue to implement Southlake
2030 Plan by focusing on short-term initiatives.
Citizen Input/
Board Review: N/A
Legal Review: Standard engineering services agreement reviewed by City
attorney.
Alternatives: The City Council may approve, amend or deny this contract.
Supporting
Documents: Engineering Services Agreement
Location Map
Staff
Recommendation: Approve engineering services agreement with Halff Associates, Inc.
for the South Carroll Avenue at Zena Rucker Road traffic signal
design in an amount not to exceed $55,000.
Staff Contact: Robert H. Price, P.E., Public Works Director
Cheryl Taylor, P.E., Deputy Director of Public Works
Alejandra Ayala, P.E., Civil Engineer
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AGREEMENT FOR ENGINEERING SERVICES
THIS AGREEMENT is made this day of , 2015 by and
between the City of Southlake, Texas (hereinafter referred to as "CITY"), and Halff
Associates, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, CITY contemplates the need to design a signalized intersection at S.
Carroll Avenue and Zena Rucker Road. This project is to be known as the South
Carroll and Zena Rucker Road Traffic Signal project and hereinafter referred to as the
"Project".
WHEREAS, ENGINEER is qualified, able, and desirous of performing the
necessary engineering work upon which the Project is based and is willing and able to
work with CITY staff to organize and coordinate the professional services necessary to
complete the Project.
NOW, THEREFORE, CITY engages ENGINEER to perform, and ENGINEER
agrees to perform, the engineering work for the Project, as more fully described herein
below, and CITY agrees to pay as compensation, and ENGINEER agrees to accept as
compensation, the payments on the dates and in the amounts herein specified, all in
accordance with the terms more fully set out below and as provided in Exhibit A which is
attached hereto and incorporated by reference as if fully set forth herein.
I. ARTICLE
ENGINEERING SERVICES
A. Scope of Work
ENGINEER will provide the supervision, direction, personnel and equipment to
perform the engineering Services outlined in Exhibit A in accordance with the terms set
forth in this Agreement and in Exhibit A.
B. Definitions
Services refer to the professional services performed by ENGINEER pursuant to
this Agreement.
C. Changes
CITY, without invalidating the Agreement, may order changes within the general
scope of the work required by the Agreement by altering, adding to and/or deducting
from the work to be performed. If any change causes an increase or decrease in
ENGINEER's cost of, or the time required for, the performance of any part of the
Services under the Agreement, an equitable adjustment will be made by mutual
agreement and this Agreement shall be modified in writing accordingly.
Page 1
D. Coordination With Owner
The CITY shall make available to ENGINEER for use in performing Services
hereunder all existing plans, maps, field notes, statistics computations and other data in
the CITY's possession relative to existing facilities and to the Project.
E. Site and Local Conditions
ENGINEER has the right to examine the site in order to become acquainted with
local conditions and accepts conditions at the site unless otherwise noted in writing to
the CITY. Any coordination or scheduling of work by CITY shall not relieve ENGINEER
from its responsibilities specified hereunder. Necessary arrangement for access to any
site by ENGINEER's employees will be made with CITY.
F. Assignment and Subcontractors/Third Party Rights
The rights and obligations covered herein are personal to each party hereto and
not to any third party and for this reason neither this Agreement nor any contract
hereunder shall be assigned by either party in whole or in part; nor shall ENGINEER
subcontract any of its obligations under this Agreement without the prior consent of
CITY.
G. Independent Contractor
ENGINEER covenants and agrees that it will perform the work hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of CITY; that
ENGINEER shall have exclusive control of and exclusive right to control the details of
the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants, that the doctrine of respondent superior shall not apply
as between CITY and ENGINEER, its officers, agents, employees, contractors,
subcontractors, and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
H. Disclosure
By signature of this contract, ENGINEER warrants to CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interests, direct or indirect, in property abutting the proposed
Project and business relations with abutting property owners. ENGINEER further
warrants that it will make disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this contract and prior to final payment under the contract.
Finally, Engineer warrants that it has submitted to the City a completed Conflicts of
Interest Questionnaire as required by Chapter 176 of the Texas Local Government
Code.
Page 2
I. Approval by CITY
Approval by CITY of this Agreement shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees,
and subcontractors for the accuracy and competency of the Services performed under
this Agreement, including but not limited to surveys, designs, working drawings and
specifications and other engineering documents.
Such approval shall not be deemed to be an assumption of such responsibility
and liability by CITY for any negligent act, error, or omission in the performance of
ENGINEER's professional services or in the conduct or preparation of the subsurface
investigations, surveys, designs, working drawings and specifications or other
engineering documents by ENGINEER, its officers, agents, employees and
subcontractors, it being the intent of the parties that approval by CITY signifies the
CITY's approval of only the general design concept of the Improvements to be
constructed.
J. Indemnification
ENGINEER SHALL AND DOES HEREBY AGREE TO INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND
ALL DAMAGES, LOSS OR LIABILITY OF ANY KIND WHATSOEVER, BY REASON OF
DEATH OR INJURY TO PROPERTY OR PERSON CAUSED BY ANY OMISSION OR
NEGLIGENT ACT OF ENGINEER, ITS OFFICERS, AGENTS, EMPLOYEES,
INVITEES, OR OTHER PERSONS FOR WHOM IT IS LEGALLY LIABLE, WITH
REGARD TO THE PERFORMANCE OF THIS CONTRACT, AND ENGINEER WILL, AT
ITS COST AND EXPENSE, DEFEND, PAY ON BEHALF OF, AND PROTECT CITY
AND ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY AND ALL SUCH
CLAIMS AND DEMANDS.
K. No Third Party Beneficiary
For purposes of this Agreement, including its intended operation and effect, the
parties specifically agree and contract that: (1) this Agreement only affects
matters/disputes 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 entities may be in a contractual relationship with CITY and
ENGINEER, 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 they
owe to either CITY or ENGINEER.
L. Successors and Assigns
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party to this Agreement and to the successors,
Page 3
executors, administrators and assigns of such other party with respect to all covenants
of this Agreement. Neither CITY nor ENGINEER shall assign or transfer its interest in
this Agreement without prior written consent of the other.
II. ARTICLE
CITY'S RESPONSIBILITIES
CITY will:
1. Provide full information as to CITY's requirements for the Project;
2. Assist ENGINEER by placing at ENGINEER's disposal all information in
CITY's control or knowledge which is pertinent to the Project, including
executed right-of-way easements and final field survey data;
3. Examine all work presented by ENGINEER and respond within reasonable
time and in writing to the material submitted by ENGINEER;
4. Pay all costs incident to advertising for obtaining bids or proposals from
Contractors;
5. Give prompt written notice to ENGINEER whenever CITY observes or
otherwise becomes aware of any defect in ENGINEER's work or in
Contractor's work;
6. Designate in writing a person to act as its representative with respect to
this Agreement, such person having complete authority to transmit
instructions, receive information, and make or interpret the CITY's
decisions;
7. Provide all information and criteria as to the CITY's requirements,
objectives, and expectations for the Project including all numerical criteria
that are to be met and all standards of development, design, or
construction.
8. Provide to the ENGINEER all previous studies, plans, or other documents
pertaining to the Project and all new data reasonably necessary in the
ENGINEER's opinion, such as site survey and engineering data,
environmental impact assessments or statements, zoning or other land
use regulations, etc., upon all of which the ENGINEER may rely; and
9. Arrange for access to the site and other private or public property as
required for the ENGINEER to provide its services.
10. Provide any other information or assistance as needed by the ENGINEER.
Page 4
III. ARTICLE
COMPENSATION FOR ENGINEERING SERVICES
The CITY shall compensate ENGINEER for services rendered under this
Agreement, in accordance with the following:
For the completion of the work contemplated in Article I, the ENGINEER shall be
paid on a lump sum basis in the amount of $46,500 for Phase I Basic Services and for
Phase II Special Services on an hourly basis plus expenses in an amount not to exceed
$7,000 (as outlined in the attached proposal) with a total not to exceed cost ceiling of
$53,500 as billed monthly by ENGINEER.
IV. ARTICLE
TIMES OF BILLING AND PAYMENT
The ENGINEER shall bill CITY monthly for costs incurred in accordance with the
work performed provided the limits set out in Article III hereof have not been exceeded.
Payment shall be due within thirty (30) days of receipt by CITY of a properly prepared
and correct invoice from ENGINEER. ENGINEER's invoices shall be accompanied by
such records or other written proof as CITY deems necessary to verify the billings.
Invoices shall be made to City Finance Department's office at 1400 Main Street,
Suite 440, Southlake, Texas 76092.
If CITY fails to make payment due ENGINEER within thirty (30) days of the day
when payment for services and expenses is due under the terms of this Agreement,
ENGINEER shall be entitled to interest on such unpaid sums at the rate provided in
Chapter 2251 of the Texas Government Code.
V. ARTICLE
ADDITIONAL ENGINEERING SERVICES
In addition to performing the engineering services set out in Article I, hereof,
ENGINEER agrees to perform additional services as requested by CITY from time to
time and CITY agrees to compensate ENGINEER for such services in accordance with
ENGINEER's standard hourly fee as outlined in Exhibit D and as determined by the
actual costs incurred and by actual time expended, such services to be one or more of
the following:
Make or prepare detailed description of sites, maps, or drawings related
thereto and outside the scope of the Project;
2. Appearances before courts or boards on matters of litigation or hearings
related to the Project;
3. Preparation of environmental impact assessments or statements for any
Page 5
governmental agency;
4. Miscellaneous engineering work for CITY not related to the Project;
5. To provide resident project construction inspection, unless such inspection
is not required, in writing, by the CITY;
6. Other services agreed to by the parties in writing and incorporated herein.
VI. ARTICLE
STANDARD OF CARE
In performing its professional services, the ENGINEER will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession in the same locality at the time the services are provided. No warranty,
express or implied, is made or intended by the ENGINEER's undertaking herein or its
performance of services, and it is agreed that the ENGINEER is not a fiduciary with
respect to the CITY.
VII. ARTICLE
PERIOD OF SERVICE
This Agreement shall be effective upon execution by CITY and ENGINEER, and
shall remain in force until work is completed on the Project or until terminated under the
provisions hereinafter provided in Article VIII.
VIII. ARTICLE
TERMINATION
The CITY may terminate this Agreement at any time for convenience or for any
cause upon ten (10) days written notice to the ENGINEER. Upon receipt of such notice
the ENGINEER shall immediately discontinue all services and work and the placing of
all orders or the entering into contracts for supplies, assistance, facilities, and materials
in connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
The ENGINEER, upon termination, shall be paid for all services rendered
through the date of termination together with any additional reimbursable expense then
due.
IX. ARTICLE
OWNERSHIP OF DOCUMENTS
1. All completed or partially completed reports prepared under this
Agreement, including the original drawings in both paper and electronic
formats, shall become the property of CITY if this Agreement is
Page 6
terminated. Upon completion and payment of the contract, the final
design, drawings, specifications and documents in both paper and
electronic formats shall be owned by CITY.
2. Reuse, change or alteration by CITY or others acting by or on behalf of
CITY of such documents without the permission of ENGINEER shall be at
CITY's sole risk.
X. ARTICLE
INSURANCE
ENGINEER shall carry and maintain at all times relevant hereto, at ENGINEER's
expense, insurance of the type and of minimum coverage limits as follows:
1. Workers Compensation - Statutory Employer's Liability - Limits as required
by the State of Texas.
2. Comprehensive General Liability, Bodily Injury and Property Damage
including contractual liability in a combined single limit - $500,000 per
occurrence.
3. Comprehensive Automotive Liability, Bodily Injury and Property Damage in
a combined single limit - $1,000,000 per accident.
Certificates of insurance for the above coverage in a form acceptable to CITY,
evidencing the coverage required above, shall be provided to CITY within ten (10)
business days after execution of this Agreement and prior to issuing Notice to Proceed.
Such certificates shall provide that the insurer will give CITY not less than ten (10) days
notice of any material changes in or cancellation of coverage. In the event any
subcontractor of ENGINEER, with or without CITY's consent, provides or renders
services under this Agreement, ENGINEER shall ensure that the subcontractor's
services are covered by the same insurance limits as set forth above.
ENGINEER shall not commence work under this Agreement until it has obtained
Professional Liability (Errors and Omissions) Insurance as required hereunder and such
insurance coverage has been approved by CITY. Such insurance shall be in the
minimum amount of $1,000,000 and shall include coverage of Contractually Assumed
Liability. The insurance coverage prescribed herein shall be maintained until one (1)
year after CITY's acceptance of the construction project and shall not be canceled
without prior written notice to CITY. In this connection, upon the signing and return of
this Agreement by ENGINEER, a Certificate of Insurance shall be furnished to CITY as
evidence that the insurance coverage required herein has been obtained by
ENGINEER, and such certificate shall contain the provision that such insurance shall
not be cancelled or modified without thirty (30) days prior written notice to CITY.
ENGINEER shall notify CITY within ten (10) days of any modification or alteration in
such Professional Liability (Errors and Omissions) Insurance.
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XI. ARTICLE
AUTHORIZATION, PROGRESS AND COMPLETION
CITY and ENGINEER agree that the Project is planned to be completed by
June 19, 2015. ENGINEER shall employ manpower and other resources, and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond its control. By mutual
agreement, CITY and ENGINEER may modify the Project schedule during the course of
the Project and if such modifications affect ENGINEER's compensation, it shall be
modified accordingly, subject to CITY's approval.
It is understood that this Agreement contemplates full and complete engineering
services for this Project, including any and all Services necessary to complete the work.
For additional Engineering Services, the authorization by CITY shall be in writing and
shall include the definition of the services to be provided, the schedule for commencing
and completing the services, and the basis for compensation as agreed upon by CITY
and ENGINEER.
XII. ARTICLE
NOTICE
Any notice required under this Agreement will be in writing and given either
personally, by registered or certified mail, return receipt requested, or by a nationally
recognized overnight courier service, addressed to the parties as follows:
If to CITY: Shana Yelverton
City Manager
City of Southlake
1400 Main Street, Suite 460
Southlake, Texas 76092
Phone: 817-748-8400
Fax: 817-748-8010
If to ENGINEER: Dean Stuller, P.E.
Senior Engineer
Halff Associates, Inc.
1201 North Bowser Road
Richardson, Texas 75081
Phone: (214) 346-6200
Fax: (214) 739-0095
All notice shall be effective upon the date of receipt.
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XIII. ARTICLE
SEVERABILITY
In the event that any provision of this Agreement shall be found to be void or
unenforceable, such finding shall not be construed to render any other provisions of this
Agreement either void or unenforceable. All provisions, which are void or
unenforceable, shall not substantially affect the rights or obligations granted to or
undertaken by either party.
XIV. ARTICLE
VENUE -LAW
Venue of any suit or cause of action under this Agreement shall lie exclusively in
Tarrant County, Texas. This Agreement shall be construed in accordance with the laws
of the State of Texas.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed
in two equal originals on the date and year first above mentioned.
CITY OF SOUTHLAKE:
John Terrell, Mayor
ATTEST:
Lori Payne, City Secretary
Page 9
ENGINEER: HALFF ASSOCIATES, INC.
Dean Stuller, P.E., Senior Engineer
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me on this day personally appeared known to me [or
proved to me on the oath of or through
(description of identity card or other document)] to be the person whose name is
subscribed to the foregoing instrument and that he/she is the duly authorized
of , and acknowledged
to me that he/she executed the same for the purposes and consideration therein
expressed.
we
Given under my hand and seal of office this day of ,
(SEAL) Notary Public, State of Texas
Notary's Name Printed
Page 10
ONE
ONE
ONE
HALFF
January 30, 2015 1008-14-9370 PR21
Mrs. Cheryl Taylor
City Engineer / Deputy Director - Engineering
1400 Main Street
Southlake, TX 76092
Dear Mrs. Taylor:
Halff Associates, Inc. is pleased to provide the following proposal to perform
professional transportation consultation services for the City of Southlake. These
consultation services will consist of two phases of work. Phase I will involve the
preparation of Traffic Signal Design Plans for the Carroll Avenue / Zena Rucker Road
intersection, and the preparation of bidding and construction documents necessary for the
City to place the signal installation out for bid. Phase II will involve providing
construction phase professional engineering services to the City during the installation of
the traffic signal.
Attached is a copy of the proposal. If this proposal meets with your approval, please sign
the contract where appropriate, and return a copy to us for our records.
We appreciate the opportunity to work with the City of Southlake on this project. If you
have any questions or comments regarding the information in this proposal, please feel
free to call me at 214-217-6690.
Sincerely,
Halff Associates, Inc.
d /S. zkk
Dean S. Stuller, P.E.
Senior Engineer
Attachments
HALFF ASSOCIATES, INC.
1201 NORTH BOWSER ROAD TEL (214) 346-6200 WWWHALFF.COM
RICHARDSON, TX 75081-2275 FAX (214) 739-0095
... HALFF
AUTHORIZATION FOR PROFESSIONAL SERVICES
CLIENT City of Southlake, Texas
ADDRESS 1400 Main Street
Southlake, TX 76092
CONTACT Cheryl Taylor
PROJECT Carroll / Zena Rucker signal design
NAME
The City of Southlake (CLIENT) hereby requests and authorizes Halff Associates,
Inc. (ENGINEER) to perform the following services:
SCOPE: Provide professional traffic engineering consultation for Client. Phase
I will consist of preparing Traffic Signal Design Plans for the Carroll
Avenue / Zena Rucker Road intersection, and preparing bid and
construction documents necessary for the City to place the signal
installation out for bid. There are up to five (5) meetings included in
the scope for Phase I.
Phase II will consist of developing a signal timing plan for the
intersection and providing construction phase professional
engineering services to the Client during the signal installation
process.
COMPENSATION to be on a basis of
• A lump sum fee of $46,500 for labor and reimbursable expenses related to the
completion of Phase I.
• A lump sum fee of $3,000 for labor and reimbursable expenses related to the
completion of Phase II, Task 1.1.
• A "not -to -exceed" limit of $4,000 for labor and reimbursable expenses related to
the completion of Phase II, Tasks 1.2 and 1.3.
All additional services will be completed at the written direction of the client.
ATTACHMENTS
Exhibit "A", Project Scope of Work
Exhibit `B", Compensation
Exhibit "C", Services by Client
Exhibit "D", Standard Rate Schedule
Exhibit `B", Standard Terms and Conditions
- 2 -
... HALFF
AUTHORIZATION TO PROCEED
Client's execution hereof shall constitute a binding agreement between Client and
Engineer and delivery of this executed document to Engineer shall serve as Engineer's
authorization / notice to proceed.
ENGINEER:
Halff Associates, Inc.
By::— "tam 2
Dean S. Stuller, P.E.
Date: January 30, 2015
CLIENT:
City of Southlake
L--�
Date-
- 3 -
OWN MEN
OEM
EXHIBIT "A"
PROJECT PARAMETERS — Phase I — Basic Services
Halff Associates, Inc. will prepare traffic signal design plans for a new signal to be
installed at the Carroll Avenue / Zena Rucker Road intersection. The signal design plans
will be prepared consistent with City of Southlake guidelines. Halff will also prepare the
bid and construction documents necessary for the City to place the signal installation
project out for bid.
TASK 1.0 TRAFFIC SIGNAL DESIGN
1.1 Meet with City of Southlake staff to discuss signal design requirements.
1.2 Coordinate with Cates -Clark and Associates, LLP (CCA) on the following
task items, to be performed by Cates -Clark:
1.2.1 Coordinate utility locates around the intersection. CCA will retain
David R. Petree, RPLS to perform field work to tie-in locates
provided by the various utility companies. Field work will include
visible utilities and improvements within 100 feet in each direction
from the curb line of the intersection.
1.2.2 CCA will produce a CAD base file of the intersection for use by
Halff, showing the topographic information gathered above,
existing and future curb lines, lane assignments, utility locates and
underground utilities from record drawings.
1.2.3 CCA will assist Halff in preparing the civil portion of the signal
plans and will prepare a "Sign, Striping and Curb Ramp Layout"
(similar to the FM 1709 / Tower Plan) showing modifications to
sidewalk / ramp locations to accommodate signal equipment. It
will also show proposed pavement markings and signage with the
assistance of Halff.
1.2.4 CCA will attend two meetings with City staff to discuss the signal
plans. CCA will address City review comments and make
corrections to the plan.
1.3 Produce signal design plans for the Carroll Avenue / Zena Rucker Road
intersection. Hard copies and electronic copies (PDF) of the design plans
will be submitted to the Client for review and comment at the following
design levels:
1.3.1 60 percent plans
1.3.2 90 percent plans
1.3.3 Final plans
- 4 -
... HALFF
1.4 Provide PDF and CAD files of final plans on CD and one set of original
signed and sealed plans to the Client.
1.5 Prepare a quantities summary and estimate of construction cost for the
traffic signal and submit this information to the Client.
1.6 Prepare the bidding and construction documents necessary for the Client
to solicit bids for the signal installation project. Halff will prepare the
final signal plan set, quantities summary, Contract Documents, and
Specifications. The City of Southlake will advertise the project for
bidding, and Halff will distribute the project documents to interested
bidders.
1.7 Attend up to four meetings with the Client to discuss the signal design
plans, including one preconstruction meeting.
The lump sum fee for the completion of Phase I is $46,500.
PROJECT PARAMETERS — Phase II — Special Services
Halff Associates, Inc. will develop a signal timing plan for the intersection, and will
provide construction phase professional engineering services to the Client during the
signal installation process.
TASK 1.0 TRAFFIC SIGNAL TIMING AND INSTALLATION
1.1 Develop a signal timing plan for the intersection. Coordinate the timing
plan with TxDOT to ensure compatibility with the timing of the FM 1709
/ Carroll Avenue traffic signal.
1.2 Assist the Client in responding to questions that come up related to the
traffic signal installation. This will include up to three visits to the project
site during signal construction.
1.3 If an easement or easements are needed to accommodate traffic signal
equipment at the intersection, coordinate with CCA on the production of
meets and bounds exhibit(s) for a special instrument easement. CCA will
produce the exhibit(s) if they are needed.
The lump sum fee for the completion of Phase II, Task 1.1 is $3,000. Phase II, Task 1.2
will be billed on a "time and expense" basis at the hourly billing rates shown in Exhibit
D, with a "not -to -exceed" limit of $2,000. Phase II, Task 1.2 will be billed per easement
exhibit, with a "not -to -exceed" limit of $2,000.
- 5 -
No HALFF
ESE
SERVICES NOT COVERED
The services stipulated below are specifically excluded from the scope of this contract.
In the event additional services are required, an addendum to this contract will be
required before work can proceed. Additional services include but are not limited to the
following:
1. Conduct any traffic counts for the project.
2. Conduct any operational / level -of -service analyses of site driveways,
street intersections or other roadways in the study area.
3. Attend any meetings for the project, in excess of the five meetings
identified in Phase I, Task 1.
4. Conduct any geotechnical services for the project.
5. Develop or review any pavement designs for roadway improvements,
sidewalks, ramps, or signal equipment foundations.
6. Advertise the signal installation project for bidding.
7. Review any shop drawings for any signal equipment or other items related
to the signal construction.
8. Prepare or review any as -built plans.
OEM
mom ONE
HALFF
EXHIBIT "B"
COMPENSATION
1.1 FEE/COMPENSATION FOR BASIC SERVICES AND REIMBURSABLE
EXPENSES
1.1.1 Direct Labor and Reimbursable Expenses:
COMPENSATION to be on a basis of:
o A lump sum fee of $46,500 for labor and reimbursable expenses related to
the completion of Phase I.
o A lump sum fee of $3,000 for labor and reimbursable expenses related to
the completion of Phase II, Task 1.1.
o A "not -to -exceed" limit of $2,000 for labor and reimbursable expenses
related to the completion of Phase II, Task 1.2 which will be billed on a
"time and expense" basis at the hourly billing rates shown in Exhibit D.
o A "not -to -exceed" limit of $2,200 for labor and reimbursable expenses
related to the completion of Phase II, Task 1.3, which will be billed per
easement exhibit.
o All traffic counts, travel -related expenses, supplies, printing, maps, and
reproduction are charged at a 1.1 multiplier. Mileage is charged at the
current IRS rate. Should the scope of work or conditions of delivery be
changed by the Client from that identified in Exhibit A, an addendum to
this contract will be submitted before work is completed.
1.2 ADDITIONAL FEES FOR SERVICES
1.2.1 Any additional fees incurred due to additional work requested by Client,
such as those outlined in the Services Not Covered section, will adhere to
the Standard Billing Rates as outlined in Exhibit D.
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... HALFF
EXHIBIT "C"
SERVICES AND MATERIALS BY CLIENT
1.1 MATERIALS TO BE PROVIDED BY CLIENT — Phase I (signal design)
1.1.1 Sample bid / construction documents to be used for reference in
developing the documents for the signal project.
1.1.2 Information regarding preferred signal equipment.
1.1.3 Traffic signal plans for the Carroll Avenue / Federal Way intersection.
... HALFF
EXHIBIT "D"
STANDARD RATE SCHEDULE
1.1 STANDARD RATE SCHEDULE
The services related to this project will be based upon the following Standard
Billing Rates. Standard Billing Rates are subject to change at the beginning of
each calendar year.
Standard Billing Rate
$220
7ori
$150
$90
$60
... HALFF
EXHIBIT "E"
STANDARD TERMS AND CONDITIONS (TRAFFIC ENGINEERING SERVICES):
I. SCOPE
Halff Associates, Inc. (hereinafter "Engineer") agrees to perform the services referenced herein. The referenced services
and these Terms and Conditions, when executed by Client shall constitute a binding Agreement on both parties.
II. COMPENSATION
Client agrees to pay monthly invoices or their undisputed portions within 30 days of receipt. Payment later than 30 days
shall include interest at 1-1/2 percent per month or lesser maximum enforceable interest rate, from the date the Client
received the invoice until the date Engineer receives payment. Such interest is due and payable when the overdue
payment is made. It is understood and agreed by the parties that receipt of payment(s) by Engineer from Client is in no
way contingent upon Client's receipt of payment, funding, reimbursement or any other remuneration from others.
Time -related charges will be billed as specified in this Agreement Mileage incurred will be billed at current IRS rates.
III. RESPONSIBILITY
Engineer is employed to render a professional service only, and any payments made by Client are compensation solely
for such services rendered and recommendations made in carrying out the work. Engineer shall follow the standard
practices of the engineering profession to make findings, provide opinions, make factual presentations, and provide
professional advice and recommendations Engineer shall not be required to provide any certification, assignment or
warranty of its work but, upon request and for a separate fee, Engineer may provide written statements regarding its
services under this Agreement. Such statements shall be in a form acceptable to Engineer and shall be requested with
sufficient advance notice to allow Engineer to review the documents and prepare a suitable statement. Engineer's review
or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those
individuals or firms of complete responsibility for the adequacy of their work
IV. OWNERSHIP OF DOCUMENTS
Upon Engineer's completion of services and receipt of payment in full, Engineer grants to Client a non-exclusive license to
use the drawings, instruments and data produced under this Agreement. Client agrees that such documents are not
intended or represented to be suitable for reuse by Client or others for purposes outside the Scope of Services of
this Agreement.
V. SUBCONTRACTS
Engineer shall be entitled, to the extent determined appropriate by Engineer, to subcontract any portion of the work
described in the Scope of Services.
VI. INTEGRATION
These terms and conditions and the letter agreement (Scope of Services) to which they are attached represent the entire
understanding of Client and Engineer as to those matters contained herein. No prior oral or written understanding shall be
of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except
in writing signed by both parties.
VII. JURISDICTION AND VENUE
This Agreement shall be administered and interpreted under the laws of the State of Texas. Exclusive venue shall lie in
any court of competent jurisdiction located in the County in which the services are performed.
Vill. SEVERABILITY
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be void, invalid,
illegal, or unenforceable in any respect, such voiding, invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Agreement shall be considered as if the entirety of such void, invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
IX. TIMELINESS OF PERFORMANCE
The Engineer will perform its services with due and reasonable diligence consistent with normal and customary
professional practices.
X. WAIVER
Any failure by Engineer to require strict compliance with any provision of this Agreement shall not be construed as a
waiver of such provision, and Engineer may subsequently require strict compliance at any time, notwithstanding any prior
failure to do so
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