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HomeMy WebLinkAboutA & E Professional Services ContractCITY OF COLLEGE STATION ARCHITECTS & ENGINEERING PROFESSIONAL SERVICES CONTRACT WITH CONSTRUCTION This Contract is between the City of College Station, a Texas home-rule municipal corporation, (the "City") and Mitchell & Morgan, LLP , a TX Limited Liability Ptr corporation (the "Consultant"), whereby the Consultant agrees to provide the City with certain professional services as described herein and the City agrees to pay the Consultant for those services. ARTICLE I SCOPE OF SERVICES 1.01 In consideration of the compensation stated in paragraph 2.01 below, the Consultant agrees to provide the City with the professional services as described in Exhibit "A", the Scope of Services, which is incorporated herein by reference for all purposes, and which services may be more generall y described as follows (the "Project"): Design services for the Eastgate Neighborhood Sidewalk Safety Im provements Project to in clude a sidewalk on one side of Nunn Street, Walton Drive from Nunn Street to Puryear Drive and Puryear Drive North from Walton Drive to James Parkway. ARTICLE II PAYMENT 2.01 In consideration of the Consultant's provision of the professional services in compliance with all terms and conditions of this Contract, the City shall pay the Consultant according to the terms set forth in Exhibit "B". Except in the event of a duly authorized change order, approved by the City as provided in this Contract, the total cost of all professional services provided under this Contract may not exceed thirty-three thousand, six hundred eighty five dollars and _QQ_/l 00 Dollars ($ 33,685 ). ARTICLE III TIME OF PERFORMANCE AND CONSTRUCTION COST 3.01 The Consultant shall perform all professional services necessary for the complete design and construction documentation of the Project within the times set forth below and in Section 3.02. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the san1e or similar circumstances and professional license. 3.01.1 Conceptual Design: -22__ calendar days after the authorization to commence planning 3.01.2 Preliminary Design: ~ calendar days after authorization to commence PPD Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 1 3.01.3 Final Design: -12__ calendar days after authorization to commence final design 3.02 All design work and other professional services provided under this Contract must be completed by the following date: October 31 2019 ~~~~~~~~~~~~~~ 3.03 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible and with adequate resources and manpower in order to complete the work by the times specified. Promptly after the execution of this Contract, the Consultant shall prepare and submit for the City to approve in writing, a detailed schedule for the performance of the Consultant's services to meet the City's project milestone dates, which are included in this Contract. The Consultant's schedule shall include allowances for periods of time required for the City's review and for approval of submissions by authorities having jurisdiction over the Project. The time limits established by this schedule over which Consultant has control shall not be exceeded without written approval from the City. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that is deemed by the City to be behind schedule ("Recovery Plan"). With the City's approval, Consultant shall execute the Recovery Plan at no additional cost to the City. 3.04 The Consultant's services consist of all of the services required to be performed by Consultant, Consultant's employees and Consultant's sub-consultants under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, plumbing, foo d service, acoustical and landscape services, and any other design services that are normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense sub-consultants necessary for the design of the Project, and such sub-consultants shall be licensed as required by the State of Texas and approved in writing by the City. 3.05 The Consultant shall designate a principal of the firm reasonably satisfactory to the City who shall, for so long as acceptable to the City, be in charge of Consultant's services to be performed hereunder through to completion, and who shall be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the City, prior to replacement. 3.06 Consultant shall be responsible for the coordination of its services with those of its subconsultants, the City, and the City's consultants, including the coordination of all drawings and design documents relating to Consultant's design and used on the Project, regardless of whether such drawings and documents are prepared by Consultant. Consultant shall be responsible for the completeness and accuracy of all drawings and specifications submitted by or through Consultant and for its compliance with all applicable codes, ordinances, regulations, laws and statutes. Upon receipt from the City, the Consultant shall review the services and information furnished by the City and the City's consultants for accuracy and completeness. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or Contract No. 19300220 A&E Profess ional Services with Construction Form 04-16-1 8 Page 2 inconsistency in such services or information. Once notice has been provided to the City, the Consultant shall not proceed without written instruction from the City to do so. 3.07 Consultant's evaluations of the City's project budget and the preliminary estimates of construction cost and detailed estimates of construction cost, represent the Consultant's best judgment as a design professional familiar with the construction industry. 3.08 The construction budget for this Project, which is established as a condition of this Contract is $ 225 000 . This construction budget shall not be exceeded unless the amount is changed in writing by the City. ARTICLE IV CONCEPTUAL DESIGN 4.01 Upon the Consultant's receipt from the City of a letter of authorization to commence planning, the Consultant shall meet with the City for the purpose of determining the nature of the Project. The Consultant shall inquire in writing as to the information it believes the City may have in its possession that is necessary for the Consultant's performance. The City shall provide the information within its possession that it can make available to the Consultant. The City shall designate a representative to act as the contact person on behalf of the City. 4.02 The Consultant shall determine the City's needs with regard to the Project, including, but not limited to , tests, analyses, reports, site evaluations, needs surveys, comparisons with other municipal projects, review of budgetary constraints and other preliminary investigations necessary for the Project. Consultant shall verify the observable existing conditions of the Project and verify any existing as-built drawings. Consultant shall confirm that the Project can be designed and constructed within the time limits outlined in this Contract. Consultant shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. Consultant shall confirm that the Project can be designed and constructed for the dollar amount of the Project budget, if applicable. 4.03 The Consultant shall prepare a Conceptual Design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The Consultant shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the City's Program, the Project Schedule and budget. The Consultant shall reach an understanding with the City regarding the requirements of the Project. The Conceptual Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. Upon the City's request, the Consultant shall meet with City staff and the City Council to make a presentation of its report. Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 3 ARTICLE V PRELIMINARY DESIGN 5.01 The City shall direct the Consultant to commence work on the Preliminary Design by sending to the Consultant a letter of authorization to begin work on the Preliminary Design pursuant to this Contract. Upon receipt of the letter of authorization to commence Preliminary Design, the Consultant shall meet with the City for the purpose of determining the extent of any revisions to the Conceptual Design. 5.02 The Consultant shall prepare the Preliminary Design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Consultant shall submit to the City a detailed estimate of the construction costs of the Project, based on current area, volume, or other unit costs. This estimate shall also indicate both the cost of each category of work involved in constructing the Project and the time required for construction of the Project from commencement to final completion. 5.03 Upon completion of the Preliminary Design of the Project, the Consultant shall so notify the City. Upon request the Consultant shall meet with the City staff and City Council to make a presentation of its Preliminary Design of the Project. The Consultant shall provide an explanation of the Preliminary Design, including any material changes and deviations that have taken place from the Conceptual Design, a cost estimate, and shall verify that, to the best of Consultant's belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VI FINAL DESIGN 6.01 The City shall direct the Consultant to commence work on the Final Design of the Project by sending to the Consultant a letter of authorization to begin work on the Final Design phase of the Project. Upon receipt of the Letter of Authorization to proceed with Final Design of the Project, the Consultant shall immediately prepare the Final Design, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The Final Design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. 6.02 Notwithstanding the City's approval of the Final Design, the Consultant warrants that the Final Design will be sufficient and adequate to fulfill the purposes of the Project. 6.03 The Consultant shall prepare and separately seal the special provisions, the technical specifications, and bid proposal form(s) in conformance with the City's current pre-approved, "Standard Form of Construction Agreement" for the construction contract between the City and the construction contractor. The Consultant hereby agrees that no changes, modifications, Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 4 supplementations, alterations, or deletions will be made to the City's standard form without the prior written approval of the City. 6.04 The Consultant shall provide the City with complete contract documents sufficient to be advertised for bids by the City. The contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the Final Design of the Project, with the submission of the complete contract documents, and upon request of the City, the Consultant shall meet with City staff and the City Council to present the Final Design of the Project. The Consultant shall provide an explanation of the Final Design, including identification of all material changes and deviations that have taken place from the Preliminary Design Documents and a cost estimate. The Consultant shall verify that, to the best of Consultant's belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VII BID PREPARATIONS & EVALUATION 7.01 The Consultant shall assist the City in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Consultant shall meet with City staff and the City Council to present, and make reconunendations on, the bids submitted for the construction of the Project. 7.02 The Consultant shall review the construction contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Consultant shall evaluate each bid and provide these evaluations to the City along with a reconunendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the Final Design of the Project, then the Consultant, at its sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final cost estimate contained in the Final Design of the Project. 7.03 Where substitutions are requested by a construction contractor, the Consultant shall review the substitution requested and shall recommend approval or disapproval of such substitutions. ARTICLE VIII CONSTRUCTION 8.01 The Consultant shall be a representative of, and shall advise and consult with, the City (1) during construction, and (2) at the City's direction from time to time during the correction, or warranty, period described in the construction contract. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Contract unless modified by written instrument. 8.02 The Consultant shall make visits to the site, to inspect the progress and quality of the executed work of the construction contractor and its subcontractors and to determine if such work is proceeding in accordance with the contract documents. The minimum number of site visits and their frequency shall be established by the City and Consultant prior to conunencement of Contract No. 19300220 A&E Professional Services with Construction Form 04-16-1 8 Page 5 construction. Consultant shall periodically review the as-built drawings for accuracy and completeness, and shall report its findings to the City. 8.03 The Consultant shall keep the City informed of the progress and quality of the work. The Consultant shall employ the professional skill and care ordinarily provided by competent engineers or architects practicing in the san1e or similar locality and under the same or similar circumstances and professional license in discovering and promptly reporting to the City any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the contract documents. 8.04 The Consultant shall review and approve shop drawings and sampl es, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Consultant's review and approval shall include a determination of whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, wi ll be in compliance with the requirements of the contract documents. 8.05 The Consultant shall detennine the acceptability of sub stitute materials and equipment that may be proposed by construction contractors or subcontractors. The Consultant shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Consultant shall issue all instructi ons of the City to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. Consultant shall interpret the contract documents and judge the performance thereunder by the contractor constructing the Project, and Consultant shall, within a reasonable time, render such interpretations and clarifications as it may deem necessary for the proper execution and progress of the work. Consultant shall receive no additional compensation for providing clarification of the drawings and specifications. 8.07 The Consultant shall review the amounts owing to the construction contractor and recommend to the City, in writing, payments to the construction contractor of such amounts. The Consultant's recommendation of payment, being based upon the Consultant's on-site inspections and its experience and qualifications as a design professional, shall constitute a recommendation by the Consultant to the City that the quality of such work is in accordance with the contract do cuments and that the work has progressed to the point reflected in Consultant's recommendation for payment. 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Consultant shall conduct an inspection of the site to determine if the Proj ect is substantially complete. The Consultant shall prepare a checklist of items that shall be completed prior to final acceptance. Upon notification by the construction contractor that the checklist items designated by the Consultant for completion have been completed, the Consultant shall inspect the Proj ect to verify final completion. Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 6 8.09 The Consultant shall not be responsible for the work of the construction contractor or any of its subcontractors, except that the Consultant shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents if such failures result from the Consultant's negligent acts or omissions. This provision shall not alter the Consultant's duties to the City arising from the performance of the Consultant's obligations under this Contract. 8.10 The Consultant shall conduct at least one on-site inspection during the warranty period and shall report to the City as to the continued acceptability of the work. 8.11 The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project without an advance, written authorization from the City. 8.12 The Consultant shall perform all of its duties und er this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.13 The Consultant shall assist the construction contractor and City in obtaining a Ce1iificate of Occupancy by accompanying governing officials during inspections of the Project ifrequested to do so by the City. ARTICLE IX CHANGE ORDERS, DOCUMENTS & MATERIALS 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. 9.02 When the original contract amount plus all change orders is $100,000 or less, the City Manager or his delegate may approve the written change order provided the change order does not increase the total an1ount set fo1ih in the contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council must approve such change order prior to commencement of the services. 9.03 When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council. 9.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 7 additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 9.05 The Consultant shall furnish the City three ( 3 ) sets of plans and specifications. It is hereby agreed that additional copies shall be provided to the City at the City's expense. The Consultant shall provide the City one ( 1 ) sets of reproducible, mylar record drawings that clearly show all the changes made during the construction process, based upon the marked-up prints, drawings, and other data furnished by the construction contractor to the Consultant. The Consultant shall provide copies of Work Product including documents, computer files if available, surveys, notes, and tracings used or prepared by the Consultant. The foregoing documentation, the Consultant's Work Product, and other information in the Consultant's possession concerning the Project shall be the property of the City from the time of preparation. The Consultant shall furnish one set of digital files representing the final record drawings. ARTICLEX WARRANTY, INDEMNIFICATION & RELEASE 10.01 As an experienced and qualified design professional, the Consultant warrants that the information provided by the Consultant reflects the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. The Consultant warrants that the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of all other services under this Contract are performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Consultant, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Work Product or any other document, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by the Consultant, its employees, associates, agents, or subcontractors. 10.02 The Consultant shall promptly correct any defective Work Product, including designs or specifications, furnished by the Consultant at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Consultant's services hereunder or of the Project itself shall in no way alter the Consultant's obligations or the City's rights hereunder. 10.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 8 equipment, and labor required for the professional services to be provided under this Contract. The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subcontractors. 10.04 The Consultant must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as its personal property, while in the vicinity of the Project or any of the work being done on or for the Project. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. 10.05 Indemnity. 10.05.1 To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this paragraph as "Indemnitee") from and against all claims, damages losses and expenses (including but not limited to attorney's fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or including failure to pay a subconsultant, subcontractor, or supplier pursuant to this agreement by Consultant, its employees, subcontractors, subconsultants, or others for whom Consultant may be legally liable ("Consultant Parties"), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. 10.05.2 To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts listed in section 10.05.1 above occur outside the course of performance of professional services (i.e. non-professional services) and the claim is not based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency's agent, employee, or other entity over which the governmental agency exercises control, other than the Consultant or Consultant Parties. 10.05.3 Consultant shall procure liability insurance covering its obligations under this section. Contract No.19300220 A&E Professional Services with Construction Form 04-16-18 Page 9 10.05.4 It is mutually understood and agreed that the indemnification provided for in this section 10.05 shall indefinitely survive any expiration, completion or termination of this agreement. 10.06 Release. The Consultant releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, employees, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such lo ss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. 10.07 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, release or other obligations under Paragraphs 10.05 and 10.06, such legal limitations are made a part of the obligations and shall operate to amend same to the minimum extent necessary to bring the provision(s) into conformity with the requirements of such limitations, and as so modified, the obligations set forth therein shall continue in full force and effect. ARTICLE XI INSURANCE 11.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of thi s Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on below. During the term of this Contract all Consultant's insurance policies shall meet the following requirements of this section: 11.02 Types. Contractor shall have the following types of insurance: (a.) Commercial General Liability (b.) Business Automobile Liability (c.) Workers' Compensation ( d.) Professional Liability 11.03 Certificates oflnsurance. For each of these policies, the Consultant's insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and vo lunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 10 and volunteers, shall be considered in excess of the Consultant's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates oflnsurance and endorsements shall be furnished to the City's Representative at the time of execution ofthis Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence planning will issue or any work on the Project commences. 11.04 General Requirements Applicable to All Policies. The following General Requirements to all policies shall apply: (a.) Only licensed insurance carriers authorized to do business in the State of Texas will be accepted. (b.) Deductibles shall be listed on the Certificate oflnsurance. (c.) "Claims made" policies will not be accepted, except for Professional Liability msurance. (d.) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits ofliability except after thirty (30) calendar days prior written notice has been given to the City of College Station. ( e.) The Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent on the most cunent State of Texas Department of Insurance-approved fom1s . 11.05 Commercial (General) Liability Requirements. The following Commercial (General) Liability requirements shall apply: (a.) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. (b.) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c.) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. (d.) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e.) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.06 Business Automobile Liability Requirements. The following Business Automobile Liability requirements shall apply: (a.) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current. A. M. Best Key Rating Guide. Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 11 (b.) Minimum Combined Single Limit of $1 ,000,000 per occurrence for bodily injury and property damage. (c.) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d.) The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e.) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.07 Workers' Compensation Insurance Requirements. The following Workers' Compensation Insurance requirements shall apply: (a.) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers' compensation insurance policy: either directly through their employer's policy (the Consultant's, or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, Consultants and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b.) The workers' compensation insurance shall include the following terms: L Employer's Liability limits of $1,000,000 for each accident is required. 11. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. ui. Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States ofNV, ND, OH, WA, WV, and WY. (c.) Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas Administrative Code, this Contract, the bid specifications, this Contract, and all subcontracts on this Project must include the terms and conditions set forth below, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: L Definitions: Contract No. 19300220 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the A&E Professional Services with Construction Form 04-16-18 Page 12 person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in§ 406.096 [of the Texas Labor Code]) -includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 11. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. m. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. iv. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. v. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. vi. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. Contract No. 19300220 A&E Professional Services with Construction Fonn 04-16-18 Page 13 vii. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. vni. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, infmming all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ix. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: Contract No. 19300220 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the Contractor: A. a certificate of coverage, prior to the other person beginning work on the project; and B. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of A&E Professional Services with Construction Form 04-16-18 Page 14 coverage to be provided to the person for whom they are providing services. x. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. xi. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity." 11.01 Professional Liabili ty Requirements. The following Professional Liability requirements shall apply: (a.) Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A.M. Best Key Rating Guide. (b.) Minimun1 of $1,000,000 per claim and $2,000,000 aggregate, with a maxinmm deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. ( c.) Policy must include availability of a two-year extended reporting period. (d.) Retroactive date must be shown on certificate. ARTICLE XII USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 12.01 Any and all drawings, specifications and other documents prepared, furnished, or both prepared and furnished by Consultant or any Subconsultant or other designer contracted under Consultant pursuant to this Contract (including, without limitation, the Construction Documents) ("Work Product"), shall be the exclusive property of the City, whether the Project is completed or not. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Consultant's possession or control and that are the City's prope1ty or relate to the City or its business. The City shall be furnished and permitted to retain reproducible copies and electronic versions of Consultant's Work Product and related documents and information relating to the Project. 12.02 Consultant warrants to City that (i) Consultant has the full power and authority to enter Contract No. 19300220 A&E Profession al Services wi th Construction Form 04-16-18 Page 15 into this Agreement, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by Consultant's employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 12.03 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article 12 of the Contract. 12.04 The documents prepared by Consultant may be used as a prototype for other facilities by the City. The City may elect to use the Consultant to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype. If so, the Consultant is obligated to perform the work for an additional compensation that will fairly compensate the Consultant and its sub-consultants only for the additional work invo lved. It is reasonable to expect that the fair additional compensation will be significantly less than the fee provided for under this Contract. If the City elects to employ a different architect or engineer to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype, that architect or engineer will be entitled to use Consultant's sub-consultants on the same basis that Consultant would have been entitled to use them for the work on the reuse of the prototype, and such architect or engineer will be entitled, to the extent allowed by law, to duplicate the design and review and refer to the construction documents, approved shop drawings and calculations, and change order drawings in performing its work. The Consultant will not be responsible for errors and omissions of a subsequent architect or engineer. The Consultant shall commit its subconsultants to the terms of this subparagraph. The provisions of this section shall survive termination of this Contract. 12.05 In the event of termination of this Contract for any reason, the City shall receive all Work Product and original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 12.06 Only the details of the drawings relating to this Project may be used by the Consultant on other projects, but they shall not be used as a whole without written authorization by the City. The City-furnished forms, conditions, and other written documents shall not be used on other projects by the Consultant. ARTICLE XIII TERMINATION 13.01 The City may terminate this Contract at any time upon thirty (30) calendar days written notice. Upon the Consultant's receipt of such notice, the Consultant shall cease work immediately. The Consultant shall be compensated for the services satisfactorily performed prior to the termination date. Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 16 13.02 If, tlu·ough any cause, the Consultant fails to fulfill its obligations under this Contract, or if the Consultant violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Consultant five (5) calendar days written notice. The Consultant will be compensated for the services satisfactorily performed prior to the termination date. 13.03 No term or provision ofthis Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City because of any breach of contract and/or negligence by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amow1t of damages due the City from the Consultant is determined and paid. ARTICLE IV MISCELLANEOUS TERMS 14.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 14.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City of College Station Mitchell & Morgan, LLP Attn: Venessa Garza Attn: Veronica J.B. Morgan, PE, CFM PO BOX 9960 3204 Earl Rudder Freeway South 110 1 Texas Ave College Station, Texas 77845 College Station, TX 77842 _v_ga_r_za _____ @cstx.gov 14.03 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 14.04 This Contract represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, either written or Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 17 oral. This Contract may only be amended by written instrument approved and executed by the parties. 14.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 14.06 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14.07 The Consultant, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Consultant must obtain all necessary permits and licenses required in completing the services required by this Contract. 14.08 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. If there is a conflict between a provision in any documents provided by Consultant made a part of this Contract and any other provision in this Contract, the latter controls. 14.09 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed. 14.10 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. 14.11 Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel and ii) will not boycott Israel during the term of this Contract. Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 Page 18 List of Exhibits A. Scope of Services B. Payment Schedule C Certificates of Insurance Mitchell & Morgan, LLP By4 ... ~- Printed Nan1e: ,J~lS DJtt"\hotSt Title:Jw\.i>r \(PJ\f\tr Date: l'L--JJ.{-~U\ b Contract No. 19300220 A&E Professional Services with Construction Form 04-16-18 CITY OF COLLEGE STATION By ~ City Manager Date: t/1'1{'"' APPROVED: City Attorney Date: -------- ity Manager/C 0 r2· 21J -r8 Page 19 Contract No. 19300220 EXHIBIT A SCOPE OF SERVICES A&E Profession al Services with Construction Form 04-16-18 Venessa Garza, AICP Senior Program Manager M ITC HELL M O RGAN Bicycle, Pedestrian & Greenways Program 1101 Texas Avenue College Station, TX 77840 December 11, 2018 RE: Proposal to provide Civil Design Services for the Eastgate Neighborhood Sidewalk Safety Improvements Project located along Nunn Street and a portion of Walton and Puryear Drives in College Station, Texas Dear Ms. Garza, Thank you for the opportunity to provide civil design services for the Eastgate Neighborhood Sidewalk Safety Improvements Project located along Nunn Street and a portion of Walton and Puryear Drives within the Eastgate Neighborhood in College Station, Texas. It is our understanding that your desire is to provide a pedestrian route from Lincoln Avenue to Thomas Park. Per our discussion, the scope of this project shall include: • The design of new sidewalk facilities on one side of each roadway section that includes all of Nunn Street and portions of Walton and Puryear Drive; • Although the sidewalk may end up at the back of curb, the initial design shall consist of sidewalk widths meeting the UDO sidewalk width and grass buffer requirements; • Survey data that includes the entire right-of-way so that a location of the future sidewalk can be determined; • A tree survey; • An arborist shall be included on the design team in an effort to protect the existing mature trees within the neighborhood; • The potential for a public meeting with the neighborhood or multiple meetings with the specific property owners -these meetings will be invoiced hourly, if used; • Coordination with the Engineering Consultant working on the Lincoln Avenue Rehabilitation project; • Working with the Bicycle, Pedestrian, and Greenways Master Plan as well as the Eastgate Neighborhood Plan; • Project will be reviewed and submitted to TAS by an accessibility specialist; and • The design and construction to be completed within this fiscal year. We have also made the following assumptions regarding this scope: • Lighting of the sidewalk will not be required as part of this project; • Geotechnical report will not be provided; • All construction will be performed within the current ROW and no temporary easements will be needed; 3204 EARL RUDDER FWi. S. • COLLEGE STATION, TX 77845 • 979.260.6963 • 979.260.3564 CIVIL ENGINEERING HYDRAULICS HYDROLOGY UTILITIES STREETS SITE PLANS SUBDIVISIONS in lo@mitchellandmorgan com • w1Nw mitchellandmorgan com • Proposed sidewalk route will be within the current ROW and no access easements or additional ROW will be needed; and • Any disturbance to groundcover or landscape areas will be replaced "in kind" and no additional landscaping will be required as part of this project. We would propose to provide basic engineering services in two phases, as described below: Engineering Services -Phase 1: The first phase will include an initial sidewalk route analysis recommending the best route based on the topographic survey and other identified obstacles. This analysis will be in letter form with a graphic for the city's use in determining the best route for the sidewalk. Other services as listed below are considered additional services necessary for Phase 1. Initial Sidewalk Route Analysis with Letter Report .......................................... $ 4,500 Additional Services: Surveying Services ........................................................................................ $ 4,000 Arborist Services (Tree Inventory) .................................................................. $ 720 Arborist Services (Prelim. Walkthrough & 30% design review, not to exceed) $ 2,520 Sub-Consultant Data Incorporation ................................................................ $ 1,200 Phase 1 Engineering Services, Not to Exceed Total... ............................... $12,940 Engineering Services -Phase 2: The second phase will include the construction drawings based on the preferred route of the sidewalk. We are proposing 60%, 90% and Bid set submittals to the city. Public meeting time and TAS review time are included below as separate line items. 60% Construction Plan Submittal ................................................................... $ 6,500 90% Construction Plan Submittal ................................................................... $ 3,500 Bid Set Construction Plan Submittal. .............................................................. $ 2,500 Bid Proposal & Engineers Estimate ................................................................ $ 1,500 Arborist Services (Design Phases, not to exceed) .......................................... $ 1,980 Additional Services: Arborist Services (Construction Phases, as needed, not to exceed) ............... $ 2,700 Public Meetings (Hourly, not to exceed) ......................................................... $ 1,200 TAS Review & Submittal ............................................................................... $ 865 Phase 2 Engineering Services Total ........................................................... $20,745 OVERALL TOT AL: .................................................................................. $33,685 We are happy to propose these services for a not to exceed amount of $33,685. In an effort to provide a detailed breakdown of the services proposed and services provided on an as needed basis from our sub-consultants, we have attached Strong Surveying's and Plant People, LL C's proposals for further review. If there are other services that you desire, we will provide those services on an hourly basis at the rates described below. Hourly Rates: Sr. Professional Engineer -Development Coordination .................................... $150/hr Principal Design Engineer ................................................................................. $135/hr Sr. Professional Design Engineer ..................................................................... $110/hr Jr. Professional Design Engineer ..................................................................... $100/hr Staff Planner ..................................................................................................... $95/hr Project Coordinator ........................................................................................... $90/hr GIS Technician ................................................................................................. $85/hr Sr. EIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85/hr Jr. EIT .............................................................................................................. $75/hr Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65/hr Administrative ................................................................................................... $55/hr We do require a notice to proceed to begin work. Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing , copying, shipping and mailing, etc. will be covered by Mitchell & Morgan, LLP up to a maximum of $500.00 and billed at cost during the monthly billing cycle . This proposal is valid for 60-days from the date referenced above, after which Mitchell & Morgan reserves the right to re-evaluate our proposal. Please let us know if you have any questions or comments. We really look forward to working with you on this project. :f ?K James T. Batenhorst, PE Jr. Partner Attachments: Strong Surveying Proposal Plant People, LLC Proposal cc: file 1722 Broadmoor Ste. 105 " Bryan, Texas 778 02 111• • Phone: (979) 776 -9836 Fax: (979) 73 1 -00 96 v curtis@strongsmveying.com ---- November 1, 2018 Kerry Pillow, MBA, PMP Asst. Project Manager Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979) 260-6963 (979) 260-3564 FAX RE: Cost Estimate for Topographic Survey along Nunn , Walton Drive and Puryear Drive for Sidewalk Project Dear Kerry, I appreciate the opportunity to provide professional surveyng services for your firm. Please let this letter serve as a cost estimate for the following services: a) Horizontal & Vertical Control -Strong Surveying, LLC will bring in horizontal and vertical control based on the City of College Station Control Monuments. The cost Will Not Exceed $ 1500.00. b) -Topographic Survey-Strong Surveying, LLC will utilize an existing topo survey for this area and supplement it with additional spot elevations on the side where construction was performed. We will also locate all additional water line points and all trees based on a tree id provided on each tree. The Cost Will Not Exceed $ 2,500.00. Easements -We will show any easements that are provided through documents or a current title report furnished to us by the client for the property. No easement research will be performed by Strong Surveying, LLC. Strong Surveying , LLC will also submit a DIG-TESS call and will locate any underground utilities that are marked by their respective owners. Lines that are not marked will not be shown. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 979-776-9836. Sincerely, H. Curtis Strong, RPLS Via:email Eastgate Sidewalk Project PREPARED FOR: Mitchell and Morgan, LLP 3204 Earl Rudder Fwy. S. College Station, Texas 77845 Phone: 979.260.6963 December 7, 2018 PREPARED BY: Jeffrey N . Lehde, M.S., BCMA ISA Board-Certified Master Arborist #TX-1113B Plant People, LLC P.O. Box 9662 College Station, TX 77845 (Off.) 979-224-3916 (Fax) 979-693-3740 PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummary o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7,2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Proposal Summary Tree Inventory $ 720.00 Design Phase $4,500.00 Construction Phase $2, 700.00 Total $ 7,920.00* Owner's Approval Arborist Signature *Prices do not include tax. Sales tax will be added where appl icable. Prices quoted are valid for thirty days. All accounts are net payable up on receipt of invoice. PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979 .693.3740 s ummary o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Tree Inventory Collect tree data for approximately 50 trees that may be impacted by construction (limited to trees greater than 4 inches). Data collection will include tree diameter, species, critical and structural root zone calculations, and other descriptive attributes to help determine tree preservation requirements. Each tree will be tagged with a unique numerical identification marker for the surveyor to locate. The tree data wi ll be submitted electronically in spreadsheet format. It is assumed that right of entry to access trees on private property will be provided by the project owner. Work not included in the scope of this proposal or required as a resu lt of a change order will require an additional proposal. Owner's Approval $ 720.00 Total $ 720.00* Arborist Signature *Prices do not includ e tax. Sales tax will be added wh ere applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invo ice. PLANT PEOPLE, LLC P .O. Box 9662 College Station, TX 77842 -Office 979 .224 .3916 -Fax 979 .693.3740 s ummary o f p roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn , Walton, & Puryear Streets between Lincoln street and Thomas Park. Design Phase Work Scope Public Meetings -Attend up to two public meetings, provide advice regarding tree impacts, and submit written recommendations to the design firm to address the tree related concerns from each meeting. As needed, not to exceed. Preliminary Walkthrough -Review initial alignment plans and attend on site meetings to discuss installation impacts and tree preservation requirements. Not to exceed. 30% Design Review -Review tree survey and al ignment plans to identify impacted trees. Make onsite inspections to confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. Not to exceed. 60% Project Walkthrough -Attend on site meetings to discuss recommendations in 30% design review and resolve any conflicts related to tree protection recommendations. Not to exceed . Technical Drawings & Specifications -Provide tree protection treatment drawin gs and specifications for this project. (Engineering firm will format drawing s for the plans). Not to exceed. Budget Estimate -Provide budget estimates fo r tree protection/treatment recommendations. As needed, not to exceed. Final Rev iew -Review any City comments and provide fin alized tree protection measures, special specifications, and cost estimates. As needed, not to exceed. Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. $ 360.00 $ 720.00 $1800.00 $360.00 $ 720.00 $ 180.00 $ 360.00 Total $ 4,500.00* Owner's Approval Arborist Signature *Prices do not include tax. Sales tax wi ll be added where app li cable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. PLANT PEOPLE, LLC P .O. Box 9662 College Station , T X 77842 -Office 979.22 4.3916 -F ax 979.69 3 .3740 s ummary o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7,2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station , Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979 .260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Construction Phase Work Scope Attend Pre-Bid Meeting. As needed, not to exceed . Attend Pre-Construction Meeting. As needed, not to exceed. Submittal Review -Review tree protection submittals from Contractor and provide feedback to Design firm . As needed , not to exceed. Site Consultation -Meet with contractor during the construction phase as requested to address construction conflicts with tree preservation requirements. As needed, not to exceed . Weekly Site Inspections -Provide 4 weekly site inspections for compliance with required tree preservation measures. As needed, not to exceed. Work not included in the scope of this proposal or requ ired as a resu lt of a change order will require an additional proposal. Owner's Approval Total $ 180.00 $ 180.00 $ 180.00 $ 720.00 $ 1,440.00 $2,700.00 * Arborist Signature *Prices do not include tax. Sales tax will be added where appli cable. Prices quoted are valid for th irty days. All accounts are net payable upon receipt of invoice. EXHIBITB PAYMENT TERMS D Compensati on is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of$ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent( __ %) above the Consultant's actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- [{] Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanati on of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: PHASE 1: PHASE2: TOTAL: Contract No. 19300220 $12,940 $20,745 $33,685 A&E Professional Services with Construction Form 04-16-18 Contract No. 19300220 EXHIBIT C CERTIFICATE(S) OF INSURANCE A&E Professional Services with Construction Form 04-16-18 ACORD'I'; CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ~ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~~CT Janice Lawrence Arthur J. Gallagher Risk Management Services, Inc r~g,NJo Extl· 281-655-6744 I FAX PO Box 1749 IAJC Nol: 281-655-67 45 Spring TX 77383-17 49 ~o~A~~ss: janice lawrence@ajQ.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers lndemnitv ComDanv 25658 INSURED INSURER B : Travelers Casualtv Insurance Co of America 19046 Mitchell & Morgan, LLP INSURER c : National Casualtv ComDanv 11991 3204 Earl Rudder Fwy S College Station TX 77845 INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2076216896 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,en ''"'" POLICY NUMBER IMM/DD/YYYYI IMMIDD/YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY y y 6806H6115911847 1/22/2018 1/22/2019 EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES !Ea occurrence I $1,000.000 -MED EXP (Any one person) s 10,000 PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =i 0 PRO· D LOC PRODUCTS · COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ c A AUTOMOBILE LIABILITY y y 6806H61 15911847 1/22/2018 1/22/2019 COMBINED SINGLE LIMIT $1,000,000 IEa accident\ -ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -r--HIRED NON-OWNED PROPERTY DAMAGE x AUTOS ONLY x AUTOS ONLY lPer accidenn $ -r--$ A x UMBRELLA LIAB M OCCUR CUP1005X5881847 1/22/2018 1/22/2019 EACH OCCURRENCE $1,000,000 -x EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$ 11) Mn $ B WORKERS COMPENSATION y UB9J854080 1/22/2018 1/22/2019 x I ~f~TUTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE D N/A E.l. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below c Professional Liability AR00006350 1/22/2018 1/22/2019 Per Claim $1 ,000,000 Retro Date: 8/13/1999 Per Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remar1<s Schedule, may be attached if more space is required) If required by written contract between the insured and the Certificate Holder, the following endorsements forms apply: General Liability: Additional Insured Endorsement# CG D3 79 01 16 Waiver of Subrogation Endorsement# CG D3 79 01 16 Umbrella: Additional Insured -Included (follows underlying insurance) Waiver of Our Right to Recover From Others# UM 04 88 07 08 See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of College Station c PO Box 9960 AUTHORIZED REPRESENTATIVE College Station TX 77842 ~k I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CU STOMER ID: ~~--------------------LO C #: ~-------- ADDITIONAL REMARKS SCHEDULE Page of ----- L AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc Mitchell & Morgan, LLP 3204 Earl Rudder Fwy S POLICY NUMBER College Station TX 77845 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Organization must be scheduled by Travelers Workers Compensation: Waiver of Subrogation Endorsement# WC 42 03 048 (12/20/2016) All Texas Operations c City of College Station, its officials, employees and volunteers are shown as an additional insureds solely with respect to General Liability and Auto Liability coverage as evidenced herein on a primary basis as required by written contract with respect to work performed by the named insured. A waiver of subrogation in favor of City of College Station, its officials, employees and volunteers is included under the General Liability, Auto Liability and Workers Compensation coverage as evidenced herein as required by written contract. Except in the event of nonpayment of premium, then 10 days written notice of cancellation. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Eastgate Sidewalk Project PREPARED FOR: Mitchell and Morgan, LLP 3204 Earl Rudder Fwy. S. College Station, Texas 77845 Phone: 979.260.6963 November 9, 2018 PREPARED BY: JeffreyN. Lehde, M.S., BCMA ISA Board-Certified Master Arborist #TX-1113B Plant People, LLC P.O. Box 9662 College Station, TX 77845 (Off.) 979-224-3916 (Fax) 979-693-3740 PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979 .693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Sept. 13, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station , Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Proposal Summary Tree Inventory $ 720.00 Design Phase $4,500.00 Construction Phase $2, 700.00 Total $ 7,920.00* Owner's Approval Arborist Signature *Prices do not include tax. Sales tax wi ll be added where applicable. Prices quoted are valid for thi rty days. All accounts are net payable upon receipt of invoice. PLANT PEOPLE, LLC P .O . Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Sept. 13, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Tree Inventory -- Collect tree data for approximately 50 trees that may be impacted by construction (limited to trees greater than 4 inches). Data collection will include tree diameter, species, and other descriptive attributes to help determine tree preservation requirements. Each tree will be tagged with a unique numerical identification marker for the su rv~yor to locate. The tree data will be submitted electronically in spreadsheet format. It is assumed that right of entry to access trees on private property will be provided by the project owner. ct~~ pri-o~ ~ ~' ck..t-c) f-p..o~. po~~~~ A~µ_ ,f- Owner's Approval Total $ 720.00* Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. PLANT PEOPLE, LLC P .O. B ox 9662 College Station , TX 77842 -Office 979.2 24.3916 -Fax 9 79.693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Sept. 13, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX11 13B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Design Phase Work Scope \ Public Meetings -Attend up tu two public meetings, provide advice regarding tree impacts, and submit written recommendations to the design firm to address the tree related concerns from each meeting. 0 Preliminary Walkthrough -Review initipl alignment plans and attend op. site meetings to 1., discy_:;_s in stallation impacts and tree preservation requirements. f 30% Design Review -Review tree survey and alignment plans to identify impacted trees. Make .2!J,Sjte jpspections to-confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. 1 60% Project Walkthrough -Attend on site meetings to discuss recommendations in 30% design review and resolve any conflicts related to tree protection recommendations. *Technical Drawings & Specificati~ns -Provide tree protection treatment drawings and specifications for this project. (Bi nklw>~ & Barfield 1•LiJ.l..fo111 1at el FEM ii 1gs FOi ti 1e pl211 15'. t Budget Estimate -Provide budget ~~:t:s for tree protection/treatment recommendations. ° Final Review -Review any City comments and provide finalized tree prate~ measures, special specifications, and cost estimates. ~ Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total Owner's Approval Arborist Signature $ 360.00 $ 720.00 $1800.~ $360.00 $ 720.00 $ 180.00 $ 360.00 $ 4,500.00* *Prices do not include tax. Sales tax will be ad ded where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. . ~ PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Sept. 13, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX11138 Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Construction Phase Work Scope t(0" -M> ~-}-. /,,.(.., tYf--~· --AttemfPi'e::siCf Meeting. ~~· $y)-Cf/"' $ 180.00 Attend Pre-Construction Meeting. \ ~ 1 ~111\,i..~ ~ $ 180.00 ~ffiittal l':ev~w -Review tree rotection submittals from ontractor and _.pi:eoide feedback to Design firm. ~l~ ~ . $ 180.00 Site Consultation -Meet with contractor during the construction phase monthly, or as requested to ?ddrtiSS c.9nstruf tion conflic>,s XJith,tree preservation requirements. t<:<> N..la..&-' \.\-k C.~ ( ~ekly · ~nspectio.,ns -Jf rovide 4 weekly site inspec~ions for c mpliance with eq ired ree prese~on measures. ~'P \t'\ \ o O ~\J Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Owner's Approval $ 1,440.00 Total $2,700.00 * Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. • .. Venessa Garza, AICP Senior Program Manager Bicycle, Pedestrian & Greenways Program 1101 Texas Avenue College Station, TX "17840 M ITCHELL .M MORGAN Novem ber 12, 2018 RE: Proposal to provide Civil Design Sel'vices for the Eastgate Neighborhood Sidewall< Safety Improvements Project located along Nunn Street and a portion of Walton an d Puryear Drives in College Station, Texas Dear Ms. Garza , Thank you for the opportunity to provide civil design service s for the Eastgate Neighborhood Sidewalk Safety Improvements Project located along Nunn Street and a portion of Walton and Puryear Drives within the Eastgate Neighborhood in College Station, Texas. It is ou r understanding that your desire is to provide a pedestrian route from Lincoln Avenue to Thomas Park. Per our discussion, the scope of this project shall include: o The design of new sidewalk facilities on one side of each roadway section that includes all of Nunn Street and portions of Walton and Puryear Drive; ~g h the sidewalk may end up at the back of curb, the initial design shall consist of a 6-FT idewalk with a 3-FT grass buffer; • urvey data that includes the entire right-of-way so that a location of the futu re sidewal k can be determined; A tree survey; An arborist shall be included on the design team in an effort to protect the existing mature trees within the neighborhood; o The potential for a public meeting with the neighborhood or mu ltiple meetings with the specific property owners -These meetings will be invoiced hourly, if used; o Coordination with the Engineering Consultant working on the Lincoln Avenue Rehabilitation project; • Working with the Bicycle, Pedestrian, and Greenways Master Plan as well as the Eastgate Neighborhood Plan; • Project will be reviewed and submitted to TAS by an accessibility specialist; and o The design and construction to be completed within this fiscal year. ~ave also made the following assumptions regarding this scope: o Lightin of the sidewalk will no be re uired as part of this project; Geotechnical report will not be provided; o All cons rue ion will be pe orme w1 1n the curre nt ROW an d no temporary easements will be needed; '7 I ~ -;;> ,cn,..._fo -bltt'~ 1'1i ret h..-\ ~ I p1W_J t c n .1, .... iv.Lt . ~ -f1 .... t1A, ~v~.,__.. . S'\Jb ~. · \ 3204 EARL RUDDER FWY. S. • COLLEGE STATION, TX 77845 • T 979 260 6963 • I' 979.260.3564 CIVIL ENGINEERING HYDRAULICS · HYDROLOGY · UTILITIES · STREETS SITE PLANS SUBDIVISIONS info@mitchel!tmdrnorgan.<0111 • W'iVW m11chell,1ndnwr~1<1n.com o Proposed sidewalk route will be within the current ROW and no access easements or additional ROW will be needed; and o Any disturbance to groundcover or landscape areas will be replaced "in l<ind" and no additional landscaping will be required as part of this project. We would propose to provide basic engineering services in two phases, as described below: Engineering Services -Phase 1 The first phase will include an initial sidewalk route analysis recommending the best route based on the topographic su rvey and other identified obstacles. This analysis will be in letter form with a graphic for the city's use in determining the best route for the sidewalk. Other services as listed below are considered additional services necessary for Phase 1. lnitieil gidewall< R-oot-e-Ar-1.aly~s with Letter Report ............................................. $ r Additional Services: Surveying Set,es ........................................................................................... $ 4,000 Arborist Serv·ces (Tree lnventor~) .... k ............. ) ................................................. /~A ... ~ Sub-Consultant Data Incorporation .. ~ ............................................... ~ Y0~ Phase 1 Engineering Services Total. ............................................................. $10,500 Engineering Services -Phase 2 The second phase wi ll include the construction drawings based on the preferred route of the sidewalk. We are proposing 60%, 90% and Bid set submittals to the city. Public meeting time and T AS review time are included below as separate line items. 60% Construction Plan Submittal ...................................................................... $ 6,500 90% Construction Plan Submittal ...................................................................... $ 3,500 Bid Set Construction Plan Submittal. ................................................................. $ 2,500 Bid Proposal & Engineers Estimate ................................................................... $ 1,500 Construction Plans Subtotal .............................................................................. $14, 000 Additional Servi Arborist Service Desi n and Construction Phases) . .. .................................. $ Public Meetings ( ourly, not to exceed) ............................................................ $ T AS Review & Submittal .................................................................................. $ We are happy to propose these services f that you desire, we will provide those service . . . . 0 ·. ... Hourly Rates: Sr. Professional Engineer -Development Coordination ........................ $150/hr Principal Design Engineer ................................................................................. $135/hr Sr. Professional Design Engineer ..................................................................... $1 1 O/hr Jr. Professional Design Engineer ..................................................................... $100/hr Staff Planner ..................................................................................................... $95/hr Project Coordinator ........................................................................................... $90/hr GIS Technician ................................................................................................. $85/hr Sr. EIT . . . .. .. .. . . . . . .. . . . .. .. .. . . . .. .. . . . .. . . . .. .. . ... .. . . . . . . . . .. .. .. .. .. . . . . .. . .. .. .. .. . . . . . . . . .. .. .. . . . . . . . . . . . . . $85/hr Jr. EIT .............................................................................................................. $75/hr Drafter . .. .. . .. .. .. . .. . .. . .. . .. . . .. . .. .. . . .. .. . . . ... . ................................................................ $65/hr Administrative ................................................................................................... $55/hr We do require a notice to proceed to begin work . Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying, shipping and mailing, etc. will be covered by Mitchell & Morgan, LLP up to a maximum of $500.00 and billed at cost during the monthly bill ing cycle. This proposal is valid for 60-days from the date referenced above, after which Mitchell & Morgan reserves the right to re-evaluate our proposal. Please let us know if you have any questions or comments . We really look forward to working with you on this project. Sincerely, ~~ James T. Batenhorst, PE Jr. Pa rtner cc: file . ' Venessa Garza, AICP Senior Program Manager MITCHELL MM MORGAN Bicycle, Pedestrian & Greenways Program 1101 Texas Avenue College Station, TX 77840 December 11 , 2018 RE: Proposal to provide Civil Design Services for the Eastgate Neighborhood Sidewalk Safety Improvements Project located along Nunn Street and a portion of Walton and Puryear Drives in College Station, Texas Dear Ms. Garza, Thank you for the opportunity to provide civil design services for the Eastgate Neighborhood Sidewalk Safety Improvements Project located along Nunn Street and a portion of Walton and Puryear Drives within the Eastgate Neighborhood in College Station, Texas. It is our understanding that your desire is to provide a pedestrian route from Lincoln Avenue to Thomas Park. Per our discussion, the scope of this project shall include: • The design of new sidewalk facilities on one side of each roadway section that includes all of Nunn Street and portions of Walton and Puryear Drive; • Although the sidewalk may end up at the back of curb, the initial design shall consist of sidewalk widths meeting the UDO sidewalk width and grass buffer requirements; • Survey data that includes the entire right-of-way so that a location of the future sidewalk can be determined; • A tree survey; • An arborist shall be included on the design team in an effort to protect the existing mature trees with in the neighborhood; • The potential for a public meeting with the neighborhood or multiple meetings with the specific property owners -these meetings will be invoiced hourly, if used; • Coordination with the Engineering Consultant working on the Lincoln Avenue Rehabilitation project; • Working with the Bicycle, Pedestrian, and Greenways Master Plan as well as the Eastgate Neighborhood Plan; • Project will be reviewed and submitted to TAS by an accessibility specialist; and • The design and construction to be completed within this fiscal year. We have also made the following assumptions regarding this scope: • Lighting of the sidewalk will not be requ ired as part of this project; • Geotechnical report will not be provided; • All construction will be performed within the current ROW and no temporary easements will be needed; 3204 EARL RUDDER FWY. S. • COLLEGE STATION, TX 77845 • T 979.260.6963 • f 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES STREETS • SITE PLANS • SUBDIVISIONS info@mitche\landmorgan com • wv.w.mitctiell;;ndrnorgan.r.orn • Proposed sidewalk route will be within the current ROW and no access easements or additional ROW will be needed; and • Any disturbance to groundcover or landscape areas will be replaced "in kind" and no additional landscaping will be required as part of this project. We would propose to provide basic engineering services in two phases, as described below: Engineering Services -Phase 1: The first phase will include an initial sidewalk route analysis recommending the best route based on the topographic survey and other identified obstacles. This analysis will be in letter form with a graphic for the city's use in determining the best route for the sidewall<. Other services as listed below are considered additional services necessary for Phase 1. Initial Sidewalk Route Analysis with Letter Report .......................................... $ 4,500 Additional Services: Surveying Services ........................................................................................ $ 4,000 Arborist Services (Tree Inventory) .................................................................. $ 720 Arborist Services (Prelim. Walkthrough & 30% design review, not to exceed) $ 2,520 Sub-Consultant Data Incorporation ................................................................ $ 1 ,200 Phase 1 Engineering Services, Not to Exceed Total... ............................... $12,940 Engineering Services -Phase 2: The second phase will include the construction drawings based on the preferred route of the sidewalk. We are proposing 60%, 90% and Bid set submittals to the city. Public meeting time and TAS review time are included below as separate line items. 60% Construction Plan Submittal ................................................................... $ 6,500 90% Construction Plan Submittal ................................................................... $ 3,500 Bid Set Construction Plan Submittal ............................................................... $ 2,500 Bid Proposal & Engineers Estimate ................................................................ $ 1,500 Arborist Services (Design Phases, not to exceed) .......................................... $ 1,980 Additional Services: Arborist Services (Construction Phases, as needed, not to exceed) ............... $ 2,700 Public Meetings (Hourly, not to exceed) ......................................................... $ 1,200 TAS Review & Submittal ............................................................................... $ 865 Phase 2 Engineering Services Total ........................................................... $20,745 OVERALL TOT AL: .................................................................................. $33,685 ... We are happy to propose these services for a not to exceed amount of $33,685. In an effort to provide a detailed breakdown of the services proposed and services provided on an as needed basis from our sub-consultants, we have attached Strong Surveying's and Plant People, LLC's proposals for further review. If there are other services that you desire, we will provide those services on an hourly basis at the rates described below. Hourly Rates: Sr. Professional Engineer -Development Coordination .................................... $150/hr Principal Design Engineer ................................................................................. $135/hr Sr. Professional Design Engineer ..................................................................... $11 O/hr Jr. Professional Design Engineer ..................................................................... $100/hr Staff Planner ..................................................................................................... $95/hr Project Coordinator ........................................................................................... $90/hr GIS Technician ................................................................................................. $85/hr Sr. EIT .............................................................................................................. $85/hr Jr. EIT .............................................................................................................. $75/hr Drafter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65/hr Administrative ................................................................................................... $55/hr We do require a notice to proceed to begin work. Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying , shipping and mailing, etc. will be covered by Mitchell & Morgan, LLP up to a maximum of $500.00 and billed at cost during the monthly billing cycle. This proposal is valid for 60-days from the date referenced above, after which Mitchell & Morgan reserves the right to re-evaluate our proposal. Please let us know if you have any questions or comments. We really look forward to working with you on this project. ~?K James T. Batenhorst, PE Jr. Partner Attachments: Strong Surveying Proposal Plant People, LLC Proposal cc: file November 1, 2018 Kerry Pillow, MBA, PMP Asst. Project Manager Mitchell & Morgan , LLP 3204 Earl Rudder Fwy S College Station, Tx. 77845 (979) 260-6963 (979) 260-3564 FAX 1722 Broadmoor Ste. 105 Bryan, Texas 77802 Phone: (979) 776 -9836 Fax: (979) 731 -0096 curtis@strongsurveying.com RE: Cost Estimate for Topographic Survey along Nunn, Walton Drive and Puryear Drive for Sidewalk Project Dear Kerry, I appreciate the opportunity to provide professional surveyng services for your firm . Please let this letter serve as a cost estimate for the following services: a) Horizontal & Vertical Control -Strong Surveying, LLC will bring in horizontal and vertical control based on the City of College Station Control Monuments. The cost Will Not Exceed$ 1500.00. b) -Topographic Survey-Strong Surveying, LLC will utilize an existing topo survey for this area and supplement it with additional spot elevations on the side where construction was performed. We will also locate all additional water line points and all trees based on a tree id provided on each tree. The Cost Will Not Exceed $ 2,500.00. Easements -We will show any easements that are provided through documents or a current title report furnished to us by the client for the property. No easement research will be performed by Strong Surveying, LLC. Strong Surveying, LLC will also submit a DIG-TESS call and will locate any underground utilities that are marked by their respective owners. Lines that are not marked will not be shown. Should you have any questions regarding this cost estimate, please do not hesitate to contact me at 979-776-9836. Sincerely, H. Curtis Strong, RPLS Via:email .. Eastgate Sidewalk Project PREPARED FOR: Mitchell and Morgan, LLP 3204 Earl Rudder Fwy. S. College Station, Texas 77845 Phone: 979.260.6963 December 7, 2018 PREPARED BY: Jeffrey N. Lehde, M.S., BCMA ISA Board-Certified Master Arborist #TX-l l l 3B Plant People, LLC P.O. Box 9662 College Station, TX 77845 (Off.) 979-224-3916 (Fax) 979-693-3740 PLANT PEOPLE, LLC P.O. Box 9662 College Station, T X 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7,2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Proposal Summary Tree Inventory Design Phase Construction Phase Owner's Approval Total $ 720.00 $4,500.00 $2,700.00 $ 7,920.00* Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid fo r thirty days. All accounts are net payable upon receipt of invoice. PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummary o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7, 2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX11138 Contact#: James T. Batenhorst, P.E. 979 .260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Tree Inventory Collect tree data for approximately 50 trees that may be impacted by construction (limited to trees greater than 4 inches). Data collection will include tree diameter, species, critical and structural root zone calculations, and other descriptive attributes to help determine tree preservation requirements. Each tree will be tagged with a unique numerical identification marker for the surveyor to locate. The tree data will be submitted electronically in spreadsheet format. It is assumed that right of entry to access trees on private property will be provided by the project owner. Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Owner's Approval $ 720.00 Total $ 720.00* Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. PLANT PEOPLE, LLC P .O. Box 9 662 College Station, T X 7 7842 -Office 979.2 24.3916 -F ax 9 79.693.3740 s ummarv o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7,2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Design Phase Work Scope Public Meetings -Attend up to two public meetings, provide advice regarding tree impacts, and submit written recommendations to the design firm to address the tree related concerns from each meeting. As needed, not to exceed. Preliminary Walkthrough -Review initial alignment plans and attend on site meetings to discuss installation impacts and tree preservation requirements. Not to exceed. 30% Design Review-Review tree survey and alignment plans to identify impacted trees. Make onsite inspections to confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. Not to exceed. 60% Project Walkthrough -Attend on site meetings to discuss recommendations in 30% design review and resolve any conflicts related to tree protection recommendations. Not to exceed. Technical Drawings & Specifications -Provide tree protection treatment drawings and specifications for this project. (Engineering firm will format drawings for the plans). Not to exceed. Budget Estimate -Provide budget estimates for tree protection/treatment recommendations. As needed, not to exceed. Final Review -Review any City comments and provide finalized tree protection measures, special specifications, and cost estimates. As needed, not to exceed. Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. $ 360.00 $ 720.00 $ 1800.00 $360.00 $ 720.00 $ 180.00 $ 360.00 Total $ 4,500.00* Owner's Approval Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invo ice. PLANT PEOPLE, LLC P.O. Box 9662 College Station, TX 77842 -Office 979.224.3916 -Fax 979.693.3740 s ummary o f P roposa s Client: Mitchell and Morgan, LLP Date: Dec. 7,2018 Mailing 3204 Earl Rudder Fwy. S. Arborist: Jeff Lehde Address: College Station, Texas 77845 License#: TX1113B Contact#: James T. Batenhorst, P.E. 979.260.6963 james@mitchellandmorgan.com Work Location: Along Nunn, Walton, & Puryear Streets between Lincoln street and Thomas Park. Construction Phase Work Scope Attend Pre-Bid Meeting. As needed, not to exceed. Attend Pre-Construction Meeting. As needed, not to exceed. Submittal Review -Review tree protection submittals from Contractor and provide feedback to Design firm. As needed, not to exceed. Site Consultation -Meet with contractor during the construction phase as requested to address construction conflicts with tree preservation requirements. As needed, not to exceed. Weekly Site Inspections -Provide 4 weekly site inspections for compliance with required tree preservation measures. As needed, not to exceed. Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Owner's Approval Total $ 180.00 $ 180.00 $ 180.00 $ 720.00 $ 1,440.00 $2,700.00 * Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice.