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ST9801-AG 980922AGENDA REQUEST FORM 1T. CY(y WIN A H..uflNt Fut.v. CITY COUNCIL MEETING: er 22,1998 ITEM # ITEM CAPTION: Consider approval of awarding a design contract to Freese and Nichols, Inc. for the design of Coppell Road from S.H. 121 to Sandy Lake Road in the amount of $160,650.00; and authorizing the Mayor to sign. SUBMITTED BY: Kenneth M. Griffin, P.E. TITLE: Director of Engineering /Public Works STAFF RECOMMENDS: APPROVAL STAFF COMMENTS: See attached memo. BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: APPROVED BY CITY COUNCIL DATE +/- BUD:$ Funds for this design will be advanced from the current CIP funds, but will be reimbursed from the 1998 CO Bond issue for Coppell Road. DIR. INITIALS: I`7 FIN. REVIEW CITY MANAGER REVIEW: Agenda Request Form - Revised 3/98 Document Name: #engl MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works V , RE: Consider approval of awarding a design contract to Freese and Nichols, Inc. for the design of Coppell Road from S.H. 121 to Sandy Lake Road in the amount of $160,650.00; and authorizing the Mayor to sign. Date: September 22, 1998 This design contract is fdf the improvement of Coppell Road from S.H. 121 to Sandy Lake Road. It currently exists as an approximately 20 feet wide asphalt roadway with borrow ditches. The design is for a 41 foot wide concrete street with curb and gutter and improved drainage. The design also includes a 12 inch water line on the east /west portion of Coppell Road to connect two dead -end water lines. This should improve volume and pressure along this section of Coppell Road. The intersection of Coppell Road and S.H. 121 is the proposed location for the GTE office complex. Along with that proposed office complex, there has been additional contact with the City about an office complex south of Corporate Drive at the intersection of S.H. 121. Also, the Mansions By the Lakes apartment complex and several residential subdivisions have recently been constructed on the east side of Coppell Road. With the completion of Parkway Blvd. several years ago there has also been an increase in traffic on this section of Coppell Road. The design contract includes some very tight timelines, with the final plans and specifications being provided to the City the first week of January 1999. This should allow the City the opportunity to bid the project and award it at the first City Council meeting in February. Our goal is to get the project under way and completed by the end of 1999. Staff recommends approval of the design contract to Freese and Nichols, Inc. in the amount of $165,650.00 for the design of Coppell Road from S.H. 121 to Sandy Lake Road. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" ti CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS CITY OF COPPELL § ti 4 THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the'Lday of , 1998, by and between the City of Coppell acting by and through the Mayor with approval of the City Council hereinafter referred to as "City", and r r e e s a - G" (U ► c�. /sue_ hereinafter referred to as "Engineer ". WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services ", in connection with the a e S ► c n o l ` �, U 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 herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. 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 City Engineer. 1. Scone of Serviceg, A. Basic Services Parts I & II: 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. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional 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 be 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 at two week intervals. Page 2 3. Com_rzensation A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of One n r and. six hundred fifty dollars ($150 65n flfll provided however, that modifications to the Basic Services Part I, 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. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract for Basic Services Part II pursuant to the Fee Schedule described in, Attachment A, Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of Ten thousand dollars nd no cent (10 000 001 provided, however, that modifications to the Basic Services Part II, or other conditions defined herein may necessitate a change of Basic 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 sixty thousand six hundred fifty dollars ($160 650 00 the lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II 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 City Engineer. Should additional documentation be requested by the City Engineer 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. Page 3 4. Fee Increases es 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 additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and /or the City Council, if required. 5. Modifications to the Sc 1 of Sen4ces Either the Engineer or the City Engineer 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 Engineer 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 Engineer 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 Engineer. 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 Engineer 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 identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. Page 4 7. Project Control It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. 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 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 Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer 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 Engineer 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 Page 5 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 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. Page 6 14. Ter ination 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, a ll 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 (qua Wcutions. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. t 16. Qua it, 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. 03mrAh-1p, 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 Right 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 Page 7 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. GZIWAiM 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. 22. Compliance with Law s, 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 City Engineer. Page 8 27. Notification. All notices to either Parry 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: �lLcr i9 Engineer: _Fret QeQ N; 'ft - INC. 1341 ks M�,►�. a U\.. St 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. ENGINEER Fc ee -,p nA �) , JS � 3nc BY: Name & Title Date: 10 - (�, - q 8 ATTEST: ATTEST: i i Page 9 City of Coppell, Texas THE CITY OF COPPELL BY: Attachment `A' SCOPE OF SERVICES RESPONSIBILITIES OF OWNER BASIC SERVICES PART 1: F1vI will provide the following civil engineering services for the paving and drainage improvements for Coppell Road from S.H. 121 to Sandy Lake Road and design of a 12" waterline along the northern part of Coppell Road to connect to existing 12" waterline in S.H. 121 and 10" waterline in Coppell Road. This Scope of Services outlines the proposed civil services that will be provided. 1. The Engineer shall walk the current alignment of the paving improvements to verify existing ground conditions. 2. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 3. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. Engineer shall contact TxDOT to determine feasibility of installing west portion of 12" waterline in S.H. 121 right -of -way. 4. The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by the City. 5. During the conceptual design phase, the Engineer shall coordinate with all utilities as to any proposed utility lines or the need for adjustment to the existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans and addressed in the conceptual design report. The Engineer shall show on the conceptual, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based on information provided by the respective utility company. 6. The Engineer shall prepare a maximum of two conceptual design alternatives for the waterline and paving improvements based on the information provided by the City. Conceptual designs will include horizontal layout, vertical grades, and a few representative cross sections. Special attention will be given to the existing 90- degree curve on Coppell Road. Recommendations, with design speed, for the 90- degree curve will be provided at conceptual design. 7. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also provide sufficient property surveys to prepare the necessary right -of -way documents and related exhibits for acquisition of right -of- way. City shall acquire right -of -way with use of Engineer's documents. 8. Engineer shall attend necessary review meetings with the City to finalize the alignment of the proposed waterline and the horizontal and vertical alignment of Coppell Road. • 4 9. The Engineer shall furnish for City review two (2) copies each of the conceptual engineering plans at a scale of 1 " =20' and a written report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, including layouts, preliminary right -of -way needs, opinion of probable cost for each alternate proposed, and the Engineer's recommendation(s). 10. The Engineer shall supply conceptual plans to all utility companies, including but not limited to franchised utilities and pipeline companies that have existing and proposed facilities within the limits of the Project. 11. The Engineer shall attend a maximum of 4 meetings for the conceptual design phase under Basic Services Part 1. o. 1. The Engineer shall meet with the City to discuss the conceptual design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project incorporating all comments received from the City and agreed upon by both the City and the Engineer into the plans. 2. The Engineer shall provide detailed design data, profiles, cross - sections where appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans, in ACAD Re1.14 format at 1 " =20, to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Preliminary plans shall include an overall drainage area map, runoff computation and drainage designs for drainage facilities to convey ultimate developed runoff in accordance with the City's drainage design requirements. 3. After receipt of preliminary design review comments from the City, the Engineer shall attend necessary meetings with the City to discuss plans for the proposed waterline and Coppell Road. The Engineer shall resolve all preliminary design issues and then commence preparation of the final design plans and specification/contract documents. 4. The Engineer shall supply preliminary plans to all utility companies, including but not limited to franchised utilities and pipeline companies that have existing and proposed facilities within the limits of the project. 5. The Engineer shall attend a maximum of 3 meetings for the preliminary design phase under Basic Services Part 1. C. FINAL PLANS, CONTRACT DOCUMENTSISPECIFICATIONS I. Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents /specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. Final plans shall generally include the following: x a. Detailed plans, designs, layout and typical sections for the 12" waterline improvements. The location of the proposed waterline will be within the ROW of Coppell Road. Engineer shall make contact with TxDOT to determine feasibility of installing west portion of 12" waterline in S.H. 121 right -of -way. b. Detailed plan and profile drawings for the Coppell Road paving improvements. This design will include the intersection at Sandy Lake Road and the connection with the S.H. 121 frontage road. c. A construction sequencing plan to coordinate the earthwork, waterline, and roadway construction. A general traffic control plan will be prepared using the Texas Manual on Uniform Traffic Control Devices to address traffic flow during construction. d. Plan and profile drawings for the construction of the storm drain system required for Coppell Road. e. Standard waterline and paving details for the proposed water system improvements from Freese and Nichols and City standards. Only details that differ from Coppell standards will be included with the final construction plans. f. An erosion and sediment control plan for construction activity and for completed construction of the waterline and paving improvements. The erosion and sediment control plan will be based on Coppell standards. g. Proposed streetlights and conduit on plans. Engineer shall coordinate street lighting with T.U. Electric. h. Conduit for irrigation. i. Conduit for future traffic lights at Sandy Lake and S. H. 121. 2. After receipt of final plan/specification /contract document review comments from the City, the Engineer shall attend a maximum of three (3) plan review meetings. The review meetings will be conducted to address review comments and to take action on items to produce the final construction documents. Two (2) sets of plans and specifications will be provided at each of the three review meetings. The plans will be marked "Review Plans" and will be for review purposes only. One set of the pertinent "Review Plans" plan sheets will be submitted to each of the private utility companies for review of utility clearances. 3. Upon final approval of the plans by the City, the Engineer shall provide the City twenty (20) sets of plans and contract documents marked "Approved for Construction." These plans will be used for bidding the project. As directed by the City, additional sets of plans, specifications, and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the construction contracts, shall be furnished by Freese and Nichols and shall be paid for by the City at actual cost of reproduction. 4. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineey shall not be liable for the use of such drawings for any project other than the project described herein. 1. The Engineer will assist the City in the advertisement for bids by preparing Notice to Bidders for required newspaper advertising and placing notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre -bid meeting if deemed necessary by the City. 3. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). The Engineer will furnish the City with four (4) executed and four (4) conformed copies of each set of the contract documents for the selected Contractor(s). 5. Engineer will attend a pre - construction conference with City staff, Contractor(s), and all affected utility companies. The City shall be responsible for coordinating the location and personnel to attend the conference. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the City's project inspector and the Contractor(s) to discuss the construction progress. A written report shall be provided to the City after each of these bi- weekly meetings. The maximum required number of meetings for construction administration, not including the final inspection, under Basic Services Part 1 is 13. 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. The Engineer will, with assistance from the City Inspector on the project(s), prepare an d process monthly and final pay requests from the Contractor(s) to the City. 10. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a "punch list" of deficient items to the Contractor(s). 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 12. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days after the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system in ACAD Rel.14 format. 1. The Engineer shall provide field design surveying services for a strip topographic survey along the current alignment of Coppell Road. Surveys will include property monuments, right -of -way monuments, fences, pavements, signs, utility markers, visible utilities and appurtenances, ditches, culverts, driveways, limits of brush, trees greater than 6" diameter, landscaping, and other existing features along the proposed alignment. Elevations along the alignment will be measured at the edge of pavement, ditch flowlines, right -of -way line and other pertinent locations. Elevations will be based on City and TxDOT datum established in the field. Surveys shall be completed in ACAD Rel. 14 format. This survey will be used in conjunction with existing and proposed plans and CADD files provided by the City and TxDOT that will show any improvements constructed along Coppell Road. The Surveyor will establish horizontal and vertical control points along the road and will mark for future use during construction. BASIC SERVICES PART 2: FNI will provide services under Basic Services Part 2 on an hourly basis with a maximum not to exceed amount. Any savings below the maximum amount will be passed on to the City. G The Engineer will contract with Rone Engineers, a local geotechnical testing company, to perform four soil borings along Coppell Road. A geotechnical report will be prepared identifying at a minimum soil conditions, limits of rock, groundwater depths, subgrade and pavement recommendations, borrow material requirements and trench material. 111100JO 101 The Engineer will prepare metes and bounds descriptions and survey exhibits for the required right -of -way acquisitions, permanent utility easements, and temporary construction/slope easements. ARTICLE II BASIS OF PROPOSAL: The scope of services for the project as described is based on the following: This proposal does not include Environmental Services such as preparation of an individual permit application, coordination of cultural resources investigations, preparation of a mitigation plan, threatened and endangered species survey, and expert representation at public meetings or hearings. It is assumed that the City will provide any permits necessary for the construction of the roadway and waterline improvements including environmental and FEMA permitting. 2. This proposal assumes that the City will assist the Engineer in coordination with the district office of TxDOT and other regulatory agencies that will be affected by this project. I 3. The Engineer will furnish the City engineering data necessary for routine permits required by local, state, and federal authorities. It will be the City's responsibility for the preparation of detailed applications and supporting documents for government permits. 4. The City will be responsible for contacting, coordinating and securing all rights -of -way and permanent and temporary easements required for the proposed improvements. The Engineer will prepare metes and bounds descriptions and survey exhibits for the required rights -of -way acquisitions. 5. The City will be responsible for providing construction inspection on the project. The Engineer will only provide general project representation based on the number of site visits provided in this proposal. 6. The City's will be responsible for field surveys establishing line and grade for construction ofthe project. The field surveys provided by the Engineer are limited to the design surveys described in this proposal. 7. Anticipated Plan Sheets Paving and Storm Drain Package 1 Cover 2 General Notes and Legend 3 Coppell Road ROW Map 1 4 Coppell Road ROW Map 2 5 Demolition Plan 6 Coppell Road Overall Plan and Control 1 7 Coppell Road Overall Plan and Control 2 8 -16 Paving P &P 1 through 9 17 Coppell Road & HWY 121 Intersection 18 Coppell Road & Sandy Lake Intersection 19 Drainage Area Map - Off -Site 20 Drainage Area Map - On -Site 21 Storm Drain Profiles 22 Erosion & Sediment Control Plan 23 Construction Sequencing & Traffic Control 24 Miscellaneous Details Waterline Plans 1 Cover 2 General Notes and Legend 3 Waterline Layout and Control Plan 4-7 12" Waterline P &P 1 through 4 ' 8 Miscellaneous Details ARTICLE III ADDITIONAL SERVICES: Additional Services to be performed by the Engineer, if authorized by the City, which are not included in the basic services described in Article I, are described as follows: A Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits orinventories required for certification of force account construction performed by the City. B. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. a C. Providing shop, mill, field or laboratory inspection of materials and equipment. D. Preparing data and reports for assistance to the City in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. E. Furnishing the services of a Resident Project Representative to act as the City's on -site representative during the Construction Phase. F. Assisting the City in claims disputes with Contractor(s). G. Performing investigations, studies and analyses of substitutions ofequipment and/or materials or deviations from the plans and specifications. H. Assisting the City 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 the Engineer on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. I. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. J. Additional Services will be required if it is determined that the waterline and roadway alignments change from the locations identified in the preliminary design phase. Included will be any ahgDment changes that cause the construction to increase in length or extend beyond the ROW limits of Coppell Road. ARTICLE IV TIME OF COMPLETION: The Engineer is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule based on a Notice -to- Proceed by September 22, 1998: Item Date Conceptual Roadway Layout October 26, 1998 Complete preliminary design plans November 23, 1998 Submittal of 90% review plans December 21, 1998 Completion of final plans and specifications January 11, 1999 fl The Engineer reserves the right to extend the completion schedule due to the City's delays. Additional compensation may be requested by the Engineer if project is undulyprolonged due to delays beyond the control of the Engineer. This schedule is based on the assumption that the Engineer will receive comments from the City within 3 working days of submittal of plans for review. ARTICLE V RESPONSIBILITIES OF THE CITY: The City shall perform the following in a timely manner so as not to delay the services of the Engineer: A. Designate in writing a person to act as the City's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the Engineer's services for the Project. B. Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility afld expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the plans and specifications. C. Assist the Engineer byplacing at the Engineer's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for the Engineer to enter upon public and private property as required for the Engineer to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and otherconsultants as the City deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as the City may require or the Engineer may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as the City may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as the City may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. H. The City shall determine, prior to receipt ofconstruction bid, if the Engineer is to furnish Resident Project Representative service so the Bidders can be informed. I. Attend the pre -bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. J. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware ofany development that affects the scope or timing ofthe Engineer's services, or any defect or nonconformance of the work of any Contractor. K. Furnish, or direct the Engineer to provide, Additional Services as stipulated in Article IV of this AGREEMENT or other services as required. COMPENSATION A. Basic Services. Part 1 : Compensation to the Engineer for the Basic Services in Article 1, Part 1 and as described in the following Itemized Fee Calculation shall be the lump sum totals as follows: Conceptual Roadway Layout $ 18,000 Preliminary Design $ 24,150 Final Design $ 66,850 Construction Services $ 14,150 Surveying $ 22,000 Expenses L Total $ 150,650 4 If the Engineer sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Article III, the Engineer will notify the City for the City's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Basic Services, Part 2 : Compensation to the Engineer for the Basic Services in Article I, Part 2 and as estimated in the following Itemized Fee Calculation shall be the hourly not -to- exceed totals as follows: Geotechnical Services $ 2,000 Easement/ROW Documents SA. Total $ 10,000 C. If we see that the fee will exceed the estimate, we will notify the City for authorization to proceed. Schedule Of Charges for Additional Services POSITION PRINCIPAL MIN MAX GROUP MANAGER 115 165 SENIOR ENGINEER 83 150 ENGINEER (PE) 90 115 ENGINEER (EII) 65 100 ELECTRICAL ENGINEER 40 85 MECHANICAL ENGINEER 65 110 ENVIRONMENTAL SCIENTIST b 90 ARCHITECT 50 75 DESIGNER 65 92 TECHNICIAN 44 90 OPERATIONS ANALYST 40 62 WORD PROCESSING /SECRETARIAL 56 75 CONTRACT ADMINISTRATOR 35 55 CO-OP 35 44 The ranges and individual salaries will be adjusted 18 35 annually. EXPENSES Plow Bond S 6.00 per plot Color $10.00 per plot Vellum $11.00 per plot Mylar S 15.00 per plot _Printing BluelinesBlacklines Offset and Xerox Copies Binding $0.65 per square foot $0.15 per side copy $2.50 per book Travel $0.325 per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. ITEMIZED FEE CALCULATION CITY OF COPPELL 12" WATERLINE, PAVING AND DRAINAGE FOR COPPELL ROAD Prepared for: Ci o f Co Pell, TX 9/11/1998 OFFICE PROJECT ; DESIGN CAD TASK MANAGER MANAGER ENGINEER TECH WORD PROCESSOR HOURS cost HOURS cosr HOURS COSr HOURS ODS• HOURS COST HOURS TOTAL cosr sm" A CONCEPTUAL ROADWAY LAYOUT I Walk Alignment & Data Gathering nIOS769 2 Coordinate with other Utility Agencia 0 $0 0 $0 8 $720 8 $544 0 $0 0 $0 16 $1,264 3 Determine Extent of Field Surveys 0 $0 4 $360 8 $544 0 $0 0 $0 12 $904 4 Prepare Two Design Altemates 5 Attend 4 $480 4 $360 24 $2,160 6 48 $408 $3,264 0 $0 0 $0 Review/Coordinati on Meetings (max 4 meetings 3 $360 12 $1,080 96 $4,320 0 $0 172 $10,224 6 Prepare Cost Estimates for the Two Alternates 0 $0 4 $360 12 $816 0 $0 2 $72 29 $2 329 7 Submit Concept Plans and Repori 0 $0 8 $544 0 $0 2 $72 14 , $976 8 QA/QC 4 $360 so 4 $272 8 $360 2 $72 18 $1,064 SubTotal 11 $1,320 60 $ 1) 94 SD $6,392 .0 104 so $4,680 4 6 $D 4 SAW B PRELIMINARY DESIGN $216 275 $18,008 I Develop Base CADD Sheets from Surveys 61, 2 Overall Drainage Analysis 0 $0 0 $0 0 $0 24 $1,632 60 $2,7oo 0 $0 94 $4,332 3 Coordinate with other Utility Agencies 0 $0 16 $1,440 48 $3,264 48 $2,160 0 $0 112 $6,864 4 Pre pare Preliminary Design Plans 4 $480 2 $180 4 $272 0 $0 0 $0 6 $452 5 Prepare a p re li m i nary C ost E stimu 0 $0 16 $1,440 48 $3,264 96 $4,320 2 $72 166 $9476 6 Attend Review/Coordination Meetings (max 3 meetings 3 $360 2 $180 6 $408 0 $0 0 so 8 $588 7 QA/QC 4 S 54$4 9 $810 4 so 9 $612 0 $0 2 $72 23 $ 1 , 954 SubTotai 11 $020 45 $4,050 0 139 so $9,452 0 204 s4 $9,190 4 4 14 $144 4 SM C FINAL DESIGN 403 $24.146 1 Waterline Design Plans 2 Paving Design Plans 2 $240 4 $480 8 $ 24 $1,632 160 57,200 0 so 194 $9,792 3 Construction Sequencing & Traffic Contro 2 $240 24 $2,160 60 $4,080 440 $19,800 0 $ 5 28 $26,520 4 Drainage Design Plans 4 $480 8 $720 20 $1,360 40 $1,800 0 $0 70 $4,120 5 Erosion Control Plan 0 $0 16 $1,440 80 $5,440 200 $9,000 0 $0 300 $16,360 6 Coordi St reet Lightinj 0 $o 4 $360 16 $1,098 40 $1,800 0 $0 60 $3,248 7 Prepare Specifications & Contract Documents 0 4 $360 8 $544 0 so 0 so 12 $904 8 Revise Opinion of Probable Constructi C $0 0 $0 4 $360 9 $544 0 $o 16 $576 28 $1,480 9 Attend Review/Coordination Meetings (max 3 meetings 3 $360 2 $180 9 $810 4 $272 0 $0 0 $0 6 $452 10 Submittal Of Final Plans and Specifications 0 $0 4 9 $612 0 $0 2 $72 23 $1.&54 11 QA/QC "M $360 0 so 4 5272 16 $720 9 S288 32 $1,640 SubTotij 19 $2,280 83 $7.470 0 233 so $15,944 .0 996 so $40,320 .0 26 so $936 4 1257 SM $66,850 D CONSTRUCTION SERVICES 1 Advertise, Rec'v Bids, Bid Tab, Recomm. Award, Exec. Doc 0 so & 2 Pre-Bid Pre-Constructi Meeting 4 S480 8 $720 16 $1,os8 0 so 8 $288 32 $2,096 3 General Field Representatio (13 site visits, biweekly 4 $480 8 $720 9 $544 0 $0 0 $0 20 S1,7" 4 Review Shop Drawings 0 so 8 $720 2 52 $3,536 0 $0 4 $144 68 $4,990 5 Process Change Orden & Contractor's Pay Request 0 $180 16 51,088 0 $0 0 $0 18 5I,269 6 Final Inspection $0 4 $480 2 $180 16 $1,098 0 $o 2 $72 20 $1,340 7 Transmittal Of Final Deliverables & Record DrawmV 0 30 4 $360 0 $0 0 $0 0 $0 9 $940 12 $1,440 4 S 36 $3.240 3 116 5544 $7,998 24 24 11-011 $1,080 .0 14 so $504 3b 202 Si- $14,152 SURVEYING I Design Surveys 522 000 EXPENSES Travel $0 Printing/Plotting Expenses $5,000 General Expenses Slag SUBTOTAL for BASIC SERVICES, PART 1 53 $6.360 224 $ 592 $39,576 1228 (Lump Sam Pa t) $55,260 5o $1,800 2137 $150,656 ASICSERVICO, P 4 , 4 _ eotechnical Services Borings) $2,000 ksement/ROW Documents $8.000 Tracts Q $ 4 Lots 0 $500, ii SUBTOTAL for BASIC SERVICES, PART 2 PROJECT TOTAL Max. F $10.000 $160,656 0