Walter Moore-CN 2020-01-09 CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the 27'h day of December, 2019, by and between
the City of Coppell acting by and through the City Manager with approval of the City Council
hereinafter referred to as "City", and Walter P. Moore and Associates, Inc., hereinafter referred to
as"Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the Stream G6 Channel Stabilization, hereinafter
referred to as the"Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined in the Attachment A - Scope of Basic
Services, Attachment B - Scopc of Special Services and, Attachment C - Fee Schedule
incorporated herein by attachments and by references; and
WHEREAS, this contract shall be administered on behalf of the City by its Director of
Public Works or his duly authorized representative. The Engineer shall fully comply with any and
all instructions from said Director of Public Works.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants
and agreements herein contained,do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection
with the Project as defined herein, and for having rendered such Services the City agrees to pay to
the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be
performed under the direct supervision of the Assistant Director of Public Works-Engineering.
1. Scope of Services,
A. Attachment A — Scope of Basic Services: The work tasks and activities to be
performed and deliverable to be provided by the Engineer shall be in accordance
with Attachment A - Scope of Services, including modifications to the Basic
Services as mutually agreed to by the City and the Engineer in accordance with the
provisions of this Contract.
B. Attachment B — Scope of Special Services: When mutually agreed to in writing by
the City and the Engineer, the Special Services shall be provided by the Engineer.
These Special Services are not included as a part of Basic Services and shall be paid
for by the City in addition to payment for Basic Services. Should it be determined
that one or more of the requirements of this Contract conflict with the requirements
of the Scope of Services, including modifications to the Scope of Services or any
attachments to this contract;the requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the major
Project tasks, the estimated consultant hours required to perform the tasks, the percentage of
the Contract budget estimated to be allocated to each task and a bar chart schedule showing
task beginning and completion dates. Significant milestones for the Project shall be
identified. At a minimum, milestones shall he provided for the three design submittals
described in Attachment A - Scope of Services: Conceptual Design Submittal, Preliminary
Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based
on Schedule of Services, the City shall compile Attachment D, Project Schedule which
shall become a part of this Contract upon approval of the Engineer and the City. The
Engineer shall provide to the City information to report and monitor the design tasks
within the Project Schedule by completing a "Design Progress Report" on a form provided
by the City. The Engineer shall complete and provide to the City said report with every
invoice submittal.
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3. Compensation.
A. Attachment A - Basic Services Fee: The Engineer shall be paid a fee for Basic
Services under this Contract pursuant to the Fee Schedule described in Attachment
C, Basic Services. Basic Services Fee shall not exceed the lump sum of
Fifty-eight thousand, two hundred, and fifty dollars ($58,250.00) provided,
however, that modifications to the Basic Services,or other conditions defined herein
may necessitate a change of Fee which shall be reduced to writing and approved by
the City or its designee.
B. Attachment B - Special Services: The Engineer should be paid a fee under this
Contract for Special Services pursuant to the Fee Schedule described in Attachment
C, Special Services. Special Services Fee shall not exceed the lump sum of
One hundred thousand, two hundred, and eighty dollars ($100,280.00) provided,
however, that modifications to the Special Services, or other conditions defined
herein may necessitate a change of Special Services Fee which shall be reduced to
writing and approved by the City or its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
One hundred fifty-eight thousand, five hundred, and thirty dollars ($158,530): The
lump sum Basic Services Fee plus the lump sum Special Services Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services and/or Special Services on or before the twenty fifth (25th)
calendar day of the month, or the preceding business day if the twenty fifth occurs
on a weekend and/or observed holiday. Payment shall be based on the invoices
submitted to the City, provided that Services completed as indicated in the Design
Progress Reports approved by the City equals or exceeds the increment percentage
requested on the Engineer's invoices. Engineer's invoices to City shall provide
complete information and documentation to substantiate Engineer's charges and
shall be in a form to be specified by the Assistant Director of Public Works -
Engineering. Should additional documentation be requested by the City the
Engineer shall comply promptly with such request.
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one payment
to the Engineer per month. City reserves the right to correct any error that may be
discovered in any invoice whether paid to the Engineer or not, and to withhold the
funds requested by the Engineer relative to the error.
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4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for Special Services
shall be in the form of a Modification to the Scope of Services approved by the City and/or
the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City may initiate a
written request for a Modification to the Scope of Services when in the opinion of the
requesting Party, the needs and conditions of the Project warrant a modification. Upon the
receipt of a request by either Party, the Engineer and the City shall review the conditions
associated with the request and determine the necessity of a modification. When the Parties
agree that a modification is warranted, the Engineer and the City shall negotiate the
specific modification(s) and any changes in the Total Maximum Fee or Project Schedule
resulting from the modification(s). Approval of a modification shall be in the form of a
written Modification to the Scope of Services which clearly defines the changes to the
previously approved Scope of Services, Fee and/or Project Schedule. Said written
Modification shall be approved by Engineer, authorized by the City Council, if required,
and issued by the City. Issuance of the approved Scope of Services modification shall
constitute a notice to proceed with the Project in accordance with the modified Scope of
Services. The City may issue written Modifications to the Scope of Services without prior
approval of the City Council when the modifications are to be accomplished within the
authorized Total Maximum Fee and do not materially or substantively alter the overall
scope of the Project,the Project Schedule or the Services provided by the Engineer.
6. Project Deliverables. For each submittal and milestone identified in Attachment A-Scope
of Basic Services, the Engineer shall provide the City with number of complete sets of
plans, specifications and electronic file copies as describes in Attachment A. Similarly, for
each Special Services as needed for the project, the Engineer shall provide the City with
draft and final reports/memorandums, and electronic files for field survey and hydrologic
and hydraulic analysis.
7. Project Control. It is understood and agreed that all Services shall be performed under the
administrative direction of the Assistant Director of Public Works - Engineering. No
Services shall be performed under this Contract until a written Notice to Proceed is issued
to the Engineer by the City. In addition, the Engineer shall not proceed with any Services
after the completion and delivery to the City of the Conceptual Design Submittal,
Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic
Services without written instruction from the City. The Engineer shall not be compensated
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for any Services performed after the said submittals and before receipt of City's written
instruction to proceed.
8. Partnering. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or
agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue
for the duration of this Contract. By engaging in partnering, the parties do not intend to
create a legal partnership, to create additional contractual relationships, or to in any way
alter the legal relationship which otherwise exists between the City and the Engineer. The
partnering effort shall be structured to draw on the strengths of each organization to identify
and achieve reciprocal goals. The objectives of partnering are effective and efficient
contract performance and completion of the Project within budget, on schedule, in
accordance with the Scope of Services, and without litigation. Participation in partnering
shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City shall act as referee in all disputes under the terms of this Contract
between the Parties hereto. In the event the City and the Engineer are unable to reach
acceptable resolution of disputes concerning the Scope of Services to be performed under
this Contract, the City and the Engineer shall negotiate in good faith toward resolving such
disputes. The City may present unresolved disputes arising under the terms of this Contract
to the City Manager or designee. The decision of the City Manager or designee shall be
final and binding. An irreconcilable or unresolved dispute shall be considered a violation or
breach of contract terms by the Engineer and shall be grounds for termination. Any
increased cost incurred by the City arising from such termination shall be paid by the
Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not
constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of their
designs, working drawings, tracings, magnetic media and/or computer disks, estimates,
specifications, investigations, studies or other documents and work; nor shall such approval
be deemed to be an assumption of such responsibility by the City for any defect, error or
omission in the design, working drawings, tracings, magnetic media and/or computer disks,
estimates specifications, investigations, studies or other documents prepared by Engineer,
its employees, subcontractors, agents and consultants. Engineer shall indemnify City for
damages resulting from such defects, errors or omissions and shall secure, pay for and
maintain in force during the term of this Contract sufficient errors and omissions insurance
in the amount of$250,000.00 single limit, with certificates evidencing such coverage to be
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provided to the City. The redesign of any defective work shall be the sole responsibility
and expense of the Engineer. Any work constructed, found to be in error because of the
Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole
responsibility and expense of the Engineer. The parties further agree that this liability
provision shall meet the requirements of the express negligence rule adopted by the Texas
Supreme Court and hereby specifically agree that this provision is conspicuous.
12. Indemnification. Engineer shall indemnify,hold harmless and defend the City of Coppell,
its officers, agents and employees from any loss, damage, liability or expense, including
attorney fees, on account of damage to property and injuries, including death, to all persons,
including employees of Engineer or any associate consultant, which may arise from any
errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's additional
legal rights or remedies. The Engineer shall not be responsible for delays associated with
review periods by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who arc
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appropriately licensed or certified as required by law, and who arc competent and qualified
in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control procedures. The
Engineer further agrees to follow those procedures to the extent that, in the Engineer's
judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or partially
completed, shall be the property of the City to be used as City desires, without restriction;
and Engineer specifically waives and releases any proprietary rights or ownership claims
therein and is relieved of liability connected with any future use by City. Copies may be
retained by Engineer. Engineer shall be liable to City for any loss or damage to such
documents while they are in the possession of or while being worked upon by the Engineer
or anyone connected with the Engineer, including agents, employees, consultants or
subcontractors. All documents so lost or damaged while they are in the possession of or
while being worked upon by the Engineer shall be replaced or restored by Engineer without
cost to the City.
18. Project Records and Richt to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking to
do business with the City of Coppell, loans, services, payments, entertainment, trips, money
in any amount,or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of
any of its rights or remedies at law or contract.
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22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws,
statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or
administrative bodies or tribunal in any matter affecting the performance of this Contract,
including without limitation, worker's compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When required,
Engineer shall furnish the City with satisfactory proof of compliance therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the Assistant Director of Public Works -
Engineering.
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27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid,addressed to such Party
at the following respective addresses:
City: City of Connell.Texas
255 Parkway Blvd
Connell,TX 75019
Engineer: Walter P. Moore,and Associates.Inc.
Ernest L. Fields,P.E.
500 North Akard,Suite 2300
Dallas,Texas 75201
IN WITNESS WHEREOF, the City of Coppell,Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY Co' ' L ENGINEER: Walter Poore
BY: g
EmFields,Principal
City Manager Name&Title
Date: /419-)DdO Date: /3/2.7/,9
ATTEST: �� A EST:
(CORPO' a )-
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CITY OF COPPELL— Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
Project Description
The project includes stabilization of a reach of Stream G6, a tributary of Grapevine Creek
in Coppell, Texas. The reach is approximately 1600 long, with the upstream end at
South Moore Road. The stabilization includes the following improvements, which are
outlined in a letter from NDM, dated November 7, 2018:
• Place grade control structures at six locations along the stream reach;
• Place gabion walls at Lots 5, 6, and 7 of Northlake Woodlands East, Phase 3;
• Grade 4:1 slopes on the right (west/south) overbank to provide a more
maintainable slope through the reach.
PART II — PRELIMINARY DESIGN (60% Design)
A. Preliminary Investigation/Data Collection
1. Review reports, utility plans and perform data collection including reviewing any
available City of Coppell reports on the erosion problems, meeting with City staff to
refine project requirements, expectations, and schedule, and obtaining pertinent
utility plans, street plans, plats, existing easement information, and other features
within the project area.
2. Meet with the City to discuss the previous reports and projects and incorporate
comments from the City into preliminary design plans.
B. Preliminary Design (60%)
1. Prepare preliminary plans:
a. Establish preliminary horizontal and vertical alignment of repairs.
b. Prepare cross-sections of proposed erosion protection indicating the general
orientation of the improvements with respect to the channel.
c. Establish design concepts for repair of areas of poor drainage and erosion.
d. Locate utility crossings, adjacent utilities, and other improvements within a limit
of twenty feet beyond the proposed improvement at each site.
i. Contact franchise utility companies such as gas, telephone, cable TV, and
electricity to obtain record information for horizontal and vertical data for
their facilities. Identify which utilities must be protected or relocated.
ii. Tie locations of exposed utilities to the local control network. When
underground utilities are uncovered, tie locations to the local control
network.
e. Establish preliminary easement needs including permanent and temporary
construction easements. Show all existing easements on the plans.
f. Document and photograph current channel conditions and identify potential
locations of construction access and staging.
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CITY OF COPPELL— Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
2. Prepare a preliminary opinion of probable cost for the proposed solution. The
purpose of the opinion is to confirm that the project is in general accordance with
the construction budget. It is not a guarantee of the construction cost.
3. Submit to the City of Coppell two sets of preliminary plan drawings. 60% plans
submittal will contain Cover Sheet, Temporary Erosion Control and Tree
Protection, General Notes, Typical Details, Plan, and Sections of the proposed
structure.
4. Meet with the City of Coppell to review and discuss the preliminary plan drawings
and engineering comments.
5. Distribute one set of preliminary drawings to local utility companies to obtain
information regarding impacts to their facilities.
PART III - FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
A. Final Design (90% and 100% Sealed Submittals)
1. Meet with the City to discuss the preliminary design submittal and incorporate
comments from the City into final design plans.
2. Finalize plan for proposed improvements.
3. Revise preliminary plans and incorporate comments from the City of Coppell.
4. Incorporate comments from the utility companies. If necessary, coordinate with
utility companies to locate and uncover utilities which conflict with the proposed
erosion control structure. Tie the location of uncovered utilities to the local
control network.
5. Incorporate standard details into the plans and prepare additional details as
required.
6. Prepare final technical specifications for the erosion control structures.
B. Revise the quantity estimate and prepare a revised estimate of probable
construction cost based on the final design of the project.
C. Assist in preparing final bid documents. The City of Coppell will provide standard
contract documents for preparation of the project manual. The following information
to be supplied by the Engineer shall include:
1. One copy of the finalized technical specifications.
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CITY OF COPPELL—Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
2. Project specific information for use with the City of Coppell standard construction
agreement form, including the notice to contractors, bid proposal and contract
bid schedule forms.
3. One set of blackline prints of final drawings and one electronic set of final
drawings for Purchasing.
D. Meet with homeowners and/or property owners at prospective construction access
locations. Coordinate between owners and City regarding this access and the City's
preparation of temporary access and construction easements, if required. Engineer
will provide the Contractor and the City of Coppell with site access information and
agreement concepts.
E. Provide necessary Storm Water Pollution Prevention Concept Plans in accordance
with the City of Coppell requirements.
PART III - CONSTRUCTION ADMINISTRATION
A. The Engineer will assist the City in the advertisement for bids--prepare Notice to
Bidders for required newspaper advertising --and place notice with Texas Contractor
magazine and Dodge Report.
B. Attend the pre-bid conference.
C. Attend the bid opening and provide tabulation and analysis of the bids received and
furnish recommendations on the award of the contract or the appropriate action to
be taken by the City of Coppell.
1. Evaluate the lowest and second lowest bidder. Bid evaluation will include the
contractor's:
a. Past work history
b. Financial resources;
c. Physical resources to produce the project.
2. Provide a summary of the bid analysis to the City for use in selection and award
of the construction project.
D. Assist the City of Coppell staff in conducting one pre-construction conference with
the Contractor.
E. Assist the City of Coppell in arranging for testing of materials and laboratory control
during construction, which is to be conducted at the City's expense.
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CITY OF COPPELL —Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
F. Perform two site visits to the site each month (maximum of 6 total visits) to observe
the progress and the quality of work and to attempt to determine if the work is
proceeding in accordance with the Contract Documents. If the Engineer is
requested to visit the site more frequently, the requested visits shall be considered
an Additional Service. In performing the services above, the Engineer will endeavor
to protect the City of Coppell against defects and deficiencies; however, it is
understood that the Engineer does not guarantee the Contractor's performance, nor
is the Engineer responsible for supervision of the Contractor's operation and
employees. The Engineer shall not be responsible for the acts or omissions of any
person at the Project sites or otherwise performing any of the work of the Project.
G. Review concrete mix design, samples, catalog data, shop drawings, laboratory
tests, shop mill tests of material and test equipment and other submittal information
to assure conformity with construction plans. Provide written responses to requests
for information or clarification.
H. Attend coordination meetings with contractors, inspection personnel, and City
representatives.
I. The Engineer will, with assistance from the City Inspector on the project(s), prepare
and process monthly and final pay requests from the Contractor(s) to the City.
J. Interpret intent of the drawings and technical specifications for the City of Coppell
and the Contractor. Respond to contractor's verbal technical questions.
K. Conduct, in company with the City's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Contract Documents.
L. Revise the construction drawings in accordance with the information furnished by
construction Contractor reflecting the changes in the Project made during
construction. The Engineer shall submit one set of "as-builts" to the Engineering
Inspector for review and approval. Upon approval, the city shall have the drawings
processed in the following quantities and formats:
1. One set of 22" x 34" mylar plans ready for microfilming shall be submitted to the
Engineering Department from Design Engineer.
2. Updated digital files of the new construction for use in the City's computerized
mapping system.
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CITY OF COPPELL— Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
PART IV - ADDITIONAL SERVICES
Additional Services to be performed by Engineer, if authorized by the City of Coppell,
which are not included in the above-described basic services, are described as follows:
A. Performing hydraulic modeling of the stream for any reason;
B. Assisting City of Coppell with public meetings or hearings to inform residents;
C. Performing title searches and examination of deed records;
D. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications;
E. Providing full time site inspection during construction of the project;
F. Performing designs for trench safety and retaining walls, etc. which are not included
in the above Scope of Services;
G. Revisions to plans as result of revisions after completion of original final design
(unless to correct error on original plans);
H. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including preparation of engineering data and reports for
assistance to the City of Coppell;
I. Assisting the City of Coppell in claims disputes with the Contractor(s);
J. Assisting the City of Coppell in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such
services, if any, shall be furnished by Engineer on a fee basis negotiated by the
respective parties outside of and in addition to this Agreement;
K. Providing environmental support services including the design and implementation
of ecological baseline studies, environmental monitoring, impact assessment and
analyses, permitting assistance other than listed in the above Scope of Services,
and other assistance required to address environmental issues;
L. Any Corps of Engineers work including but not limited to wetlands delineation,
meetings with the Corps of Engineers staff, wetlands mitigation, or any other work
not listed in the Scope of Services;
M. Attending homeowners and/or Council meetings including preparation of all
displays, reports, or other data for use at such meetings;
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CITY OF COPPELL— Stream G6 Channel Stabilization
ATTACHMENT A— SCOPE OF BASIC SERVICES
N. Preparation of plans and/or specifications related to the relocation of utilities;
O. Fees for permits and advertising;
P. Flood plain reclamation plans;
Q. Consulting services by others not included in proposal;
R. Inspection and testing services during construction;
S. Preparation and processing monthly or final construction pay estimates;
T. Determination of a floodway or Preparation of a Request for Letter of Map Revision
or Conditional Letter of Map Revision, or any work pertaining to it.
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CITY OF COPPELL—Stream G6 Channel Stabilization
ATTACHMENT B — SCOPE OF SPECIAL SERVICES
A. Field Surveying for Design Phase
Engineer will contract with Spooner and Associates for these services.
1. Establish a local control network and tie into the existing City of Coppell
control network on the site.
2. Provide construction control points to be used for construction (a minimum of
two). Set horizontal and vertical control monuments, with coordinates tied to
the Horizontal Control Plan.
3. Tie right-of-way lines and property lines to the sites.
4. Verify horizontal and vertical locations of existing city facilities on the sites.
5. When underground utilities are exposed at the City's request, tie to the local
control network.
6. Obtain topographic information including cross-sections of the existing
ground features as needed for design.
7. Locate all pertinent creek features for design including top of bank, existing
walls and slabs, existing buildings, existing pavements, fences, trees 4"
diameter and larger, and utility appurtenances such as water valves, fire
hydrants, manholes, etc., (within construction area) on the sites.
8. Contact utility companies to locate and uncover utilities which conflict with the
proposed project. Tie uncovered utilities to the local control network.
9. Provide a drawing of the project sites with 1' contours and all located
features.
B. Geotechnical Engineering:
Engineer will contract with ECS Southwest for these services.
1. The bore hole locations will be approved by the property owners prior to
commencing drilling. At least one truck boring is required to obtain suitable
rock samples. If it isn't possible to have the truck boring in close proximity to
the project site, a hand boring may be used to determine elevations of rock at
the site.
2. Perform truck-mounted borings and hand borings to collect necessary soil
samples. Borings will be backfilled with drill cuttings at the completion of field
operations. The engineer will not be responsible for issues at the site that
existed prior to their field operations.
3. Do the laboratory testing required for the design of the erosion control
structure.
4. Provide a technical report to characterize the observations, report testing
data, interpret the data, and supply design parameters and loads for the
project. If rock is readily available at the site, the report will contain values
including rock anchor pullout, lateral earth pressures to be used for design,
sliding coefficients of friction, and allowable bearing capacities. If rock is not
readily available, the report will assume that soil nails or gravity structures will
be required, and the appropriate parameters will be provided.
10/24/2019 WALTER P M OO R E B-1
CITY OF COPPELL—Stream G6 Channel Stabilization
ATTACHMENT B— SCOPE OF SPECIAL SERVICES
C. US Army Corps of Engineers Permitting:
Engineer will contract with VRX for these services.
1. Delineations of the boundaries of Waters of the US (WOTUS) will be
conducted within the approximate project area.
i. VRX will perform a field investigation of the proposed project areas to
determine the extent of observed WOTUS. VRX will follow the 1987 U.S.
Army Corps of Engineers (USAGE) Wetlands Delineation Manual and
March 2010 USAGE Regional Supplement to the Corps of Engineers
Wetland Delineation Manual to delineate wetlands, other regulations (e.g.,
33 CFR 328.3(e)), guidance to delineate non-wetland WOTUS, and
accordance with the 2015 Clean Water Rule: Definition of Water of the
United States.
WOTUS will be demarcated in the field using pin flags and paint markings.
It is assumed that these features will be mapped by topographic survey
crews.
2. Draft Preliminary Jurisdictional Determination Report - Information gathered
during the delineation will be incorporated into the Draft Preliminary
Jurisdictional Determination Report. This report will be prepared in
accordance with USACE guidelines and shall include the following:
i. General purpose statement regarding the jurisdictional determination.
ii. Methods Used:
(1) Description of the approach used to delineate wetlands and other
WOTUS.
(2) Description of the conventions used to map the limits of WOTUS.
iii. Results of the Delineation:
(1) Vicinity map depicting the locations of the sites and showing the
limits of the site investigated.
(2) Approximate size of areas evaluated for WOTUS.
(3) Name and characterization of the nearest waterway.
(4) Description of physical features of the properties.
(5) Information on existing site conditions for present and past land
uses.
(6) Characterization of hydrology.
(7) Identification of named waterways.
(8) Characterization of vegetative communities and dominant species.
(9) Characterization of soils.
(10) Description of riparian or upland buffer features.
(11) Photographs with the date that the photos were taken.
(12) 100-year floodplain map with project area defined.
10/24/2019 WALTER P M O O R E B-2
CITY OF COPPELL—Stream G6 Channel Stabilization
ATTACHMENT B— SCOPE OF SPECIAL SERVICES
(13) Aerial photograph with project areas defined.
(14) USGS 7.5 minute topographic quad with project areas defined.
iv. Conclusions:
(1) Description of size/dimensions of WOTUS, such as linear feet and
approximate distance between ordinary high water marks for open
waters (streams).
(2) Map depicting potential WOTUS with the type (e.g., forested
wetland) within the project area.
3. Impact Assessment & Permitting Scenario - VRX will review design plans
provided by Engineer to evaluate impacts to jurisdictional WOTUS, as
identified and delineated in the Draft Preliminary Jurisdictional Determination
Report. VRX will calculate impact acreages and provide appropriate Section
404 permitting scenarios. The particular type of permit will be determined as
design plans are developed.
4. Nationwide Permit Preconstruction Notification - If necessary, VRX shall
provide Walter P. Moore with a NWP Preconstruction Notification, including
the following, as appropriate:
i. The purpose of, and need for, the project.
ii. A delineation, proposed determination, and characterization of wetlands
and other WOTUS, and a description of the project's likely impacts on the
aquatic environment, including a brief characterization of each impact to
WOTUS.
iii. Maps clearly showing all known temporary and permanent elements of
the project.
iv. Detailed plan, profile, and cross-section views of all work (with ordinary
high water mark or wetland boundary shown)
v. A written discussion of alternatives considered and rationale for selected
alternative.
vi. An assessment of the adverse and/or beneficial effects of the proposed
project.
vii. Documentation that the amount of area impacted is the minimum
necessary to accomplish the project, anticipated impacts due to changes
in preconstruction contours, and documentation that changes would not
result in more than minimal adverse impact on the aquatic environment.
viii.A discussion of threatened and/or endangered species for the project
area.
ix. A discussion documenting whether any cultural resources would be
affected by, or are in the vicinity of, the permit area.
x. Information on hydrology and hydraulics.
5. On-site mitigation is not included. This scope assumes that any required
mitigation will be handled through a mitigation bank.
10/24/2019 WALTER P M O O R E B-3
CITY OF COPPELL— Stream G6 Channel Stabilization
ATTACHMENT B— SCOPE OF SPECIAL SERVICES
D. Hydraulic Modeling and Technical Analysis as Needed
1. Pre-Project Conditions
a. Review existing hydraulic (HEC-RAS) model of the Tributary to Grapevine
Creek.
b. Update the model with any additional cross sections required to cover the
reach of the tributary between South Moore Road (upstream) and East
Bethel School Road (downstream). This will include updates to cross section
and bridge data, as necessary.
c. Review and update discharges for the model based on current watershed
conditions and discharges used in the existing HEC-RAS model, as
necessary.
d. Pre-Project conditions hydraulic results will be reviewed and velocities
defined for the reach of the tributary in question.
2. Post-Project Conditions
a. Modify the Pre-Project Conditions model to reflect the Post-Project
preliminary design. Post-Project discharges are assumed to remain
unchanged from Pre-Project conditions.
b. Coordinate necessary modifications to the Post-Project design to arrive at a
final engineering design.
c. Update the Post-Project Conditions HEC-RAS model to confirm that the
proposed solution does not adversely affect stream hydraulics (100 year
water surface elevation, valley storage, or stream velocities).
d. Prepare a memorandum documenting the hydraulic benefits of the Post-
Project Conditions.
e. Respond to any comments from the City of Coppell.
E. Surveying for Required Easements
Engineer will contract with Spooner and Associates for these services.
Easement Documents — If required, provide up to 10 easement exhibit
documents (metes and bounds and sketches), signed and sealed by an RPLS.
Set new iron pins for all new easement corners, PC's, and PT's as applicable.
10/24/2019 WALTER P M O O R E B-4
City of Coppell -Stream G6 Channel Stabilization
ATTACHMENT"C" - FEE SCHEDULE
Basic Services Special Services
FEE SCHEDULE
Preliminary Engineering (60%Submittal)
Project Management (Cost Estimate, Meetings, QC, etc.) $4,700
Preliminary Design $6,400
Preliminary Drafting $19,500
Final Engineering(90% and Final Submittals)
Project Management(Cost Estimate, Meetings, QC, etc.) $2,700
Final Design $4,800
Final Drafting $13,000
Construction
Project Management(Meetings, Submittal Reviews, etc.) $4,000
As-Builts $550
Site Visits $1,800
Final Walk Through $600
Special Services
Geotechnical Study $7,825
Topographical Survey $13,200
Easement Preparation (As needed @$1,800 each) $18,000
Hydraulic Modeling and Technical Analysis (as Needed) $42,355
Corps of Engineers-Jurisdictional Determination $9,800
Corps of Engineers- Preconstruction Notification $7,100
Reimbursables $2,000
$58,250 $100,280
FEE SUMMARY Basic Special
Services Services
PRELIMINARY ENGINEERING $30,600
FINAL ENGINEERING $20,500
CONSTRUCTION $7,150
GEOTECHNICAL STUDY $7,825
TOPOGRAPHIC SURVEYING $13,200
EASEMENT PREPARATION $18,000
HYDAULIC MODELING AND TECHNICAL ANALYSIS(AS NEEDED) $42,355
CORPS OF ENGINEERS -JD $9,800
CORPS OF ENGINEERS- PCN $7,100
REIMBURSABLES $2,000
TOTAL FEE $58,250 $100,280
10/24/2019 WALTER P MOORE c-i
City of Coppell -Stream G6 Channel Stabilization
ATTACHMENT "C" - FEE SCHEDULE
Hourly Invoicing Rates -2019
Infrastructure Engineering Services
Category Rate
Senior Principal $300
Principal $260
Managing Director $225
Team Director $220
Senior Project Manager $225
Project Manager $175
Senior Engineer $175
Engineer $145
Graduate Engineer $125
Senior Designer $125
Designer $125
CADD Manager $165
Senior CADD Technician $120
CADD Technician $95
Engineering Intern $75
Senior Administrative Assistant $115
Administrative Assistant $95
10/24/2019 WALTER P MOORE C-2