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ST0001-AG000328AGENDA REQUEST �,U ST FORM ^© 7'ne ty With A Beautiful Future Y COUNCIL MEETING: March 28, 2000 ITEM # ITEM CAPTION: Consider approval of awarding a design contract to Schrickel, Rollins and Associates, Inc. for the design of Creekview Drive, as approved in the November 1999 Capital Improvement Bond Election, from its current location at the western property line of Wagon Wheel Ranch Park to State Road in an amount not to exceed $206,400; and authorizing the Mayor to sign. SUBMITTED Y: TITLE: STAFF COMM See attached memo. Kenneth M. Griffin, P.E. Director of Engineering /Public BUDGET AMT. $ AMT. EST. $ FINANCIAL COMMENTS: APPROVED BY CITY COUNCIL DATE +\ -BID $ Funds will be provided by the 2000 Bond Issue scheduled for May, 2000. DIR. INITIALS: ly Agenda Request Form - Revised 2/99 FIN. REVIEW:., r CITY MANAGER REVIEW: Document Name: #03281 " ' s & C4 �/r/r/0'0 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering /Public Works ry Date: March 28, 2000 RE: Consider approval of awarding a design contract to Schrickel, Rollins and Associates, Inc. for the design of Creekview Drive, as approved in the November 1999 Capital Improvement Bond Election, from its current location at the western property line of Wagon Wheel Ranch Park to State Road in an amount not to exceed $206,400; and authorizing the Mayor to sign. To help facilitate traffic movement in and around Wagon Wheel Ranch Park, the City of Coppell has negotiated with the firm of Schrickel, Rollins and Associates to design Creekview Drive from its current location at the southwest corner of Wagon Wheel Ranch Park to its intersection with proposed Freeport Drive. Schrickel, Rollins and Associates is the firm currently providing the design services for the park. The Engineering Department is of the opinion that to insure coordination with the park design the same consultant should be used for the design of the roadway. I am very familiar with the engineering capabilities of the firm of Schrickel, Rollins and Associates, as I have worked with them in other places of employment. In the original design of the park, there was no thought given to how Creekview Drive would eventually tie into State Road, Ruby Road or future Freeport Parkway. If Creekview Drive were curved to the north to intersect with the current intersection of Ruby /State, this quite possibly would eliminate two ball fields along the southern edge of Wagon Wheel Park. Therefore, in my preliminary review of the alignment of the roadway, I am of the opinion that it should stay along the southern edge of Wagon Wheel Park. However, depending on the timing of the construction of Freeport Parkway from Bethel Road north to the State/Ruby intersection, it is quite possible that Creekview Drive could be designed and constructed along the southern edge of Wagon Wheel Park and not have any roadway to connect to along the east side of Wagon Wheel Park. Therefore, the consultant has also provided design services for the design of a portion of Freeport Parkway from Creekview Drive north to the main entrance into Wagon Wheel Park. Council may also be aware that a portion of Cottonwood Branch curves close to the proposed alignment of Creekview Drive near the southwest corner of Wagon Wheel Park. Because the design has not been performed, the extent of any erosion protection and/or any modifications to the existing creek has not been determined. Therefore, it is unknown whether or not 404 Permits or any type of FEMA involvement will be necessary. The consultant has provided costs for those items with this proposal if in fact they are necessary. The attached exhibit better represents the proposed alignment of Creekview Drive, the proximity of Cottonwood Branch and the uncertainty of the connection of Creekview Drive back into Wagon Wheel Park along State Road. To expedite this project to insure that the roadway is in place in a timely manner, staff recommends approval of the design contract with Schrickel, Rollins and Associates in an amount not to exceed $206,400. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" V" 0 r ry ry 0 a w w w ry t--- Q w M EXISTING CREEK VIEW FUTURE EEKVIEW DRIVE LEGEND Limits of Design Contract N I 500 0 250 500 1000 PROPOSED FREEPORT ALIGNMENT 9. ���� 7h� Gty VM A Bw tilul Future PROPOSED FREEPORT ALIGNMENT AND FUTURE CREEKVIEW DRIVE DALLAS COUNTY, TEXAS PROJ. NO. Schrickel, Rollins and Associates, Inc. Consultants in Landscape Architecture • Engineering • Planning March 7, 2000 Mr. Kenneth M. Griffin, P.E. Director of Engineering and Public Works City of Coppell P.O. Box 478 Coppell, TX 75019 RE: Improvements of CREEKVIEW DRIVE from the West Boundary of Wagon Wheel Park to Freeport Parkway Dear Ken: Victor W. Baxter, ASLA Kent E. Besley, ASLA Joseph E. Bradley, PE Terry T. Cheek, ASLA Terry E. Cullender Dino J. Ferralli, PE Daniel B. Hartman, PE Delbert W. Hirst, ASLA Sanford P. LaHue, Jr., PE Hershel R. Lindly, APA David K. McCaskill, ASLA Albert W. Rollins, PE Gene Schrickel, FASLA Enclosed is our proposal for the Creekview Drive project. As discussed, it also includes a separate (optional) item for, the design of a portion of Freeport Parkway. Our submittal includes the following: 1. Opinion of Probable Construction Cost for both projects 2. A copy of the standard City of Coppell Engineering Contract modified for this project, including: a. Standard Agreement b. Attachment "A" - Basic Services C. Attachment "B" - Special Services d. Attachment "C" - Schedule of Charges (SRA Standard) e. Attachment "D" - Project Schedule (For information only, we have not yet discussed your schedule) 3. Support Documents for Engineering Fee Calculations a. No. 1 - Lump Sum Fee for Creekview Drive b. No. 2 - Lump Sum Fee for Freeport Parkway (if selected) C. No. 3 - Hourly Fee for COE or FEMA Submittals (if required) Because this is our first engineering services proposal to the City, I've included those services and fees I perceived were required. Please let me know if I've overlooked anything or included something you do not need. Our intent is to customize our services to fit your organizational needs. 1161 Corporate Drive West • Suite 200 • Arlington, Texas 76006 • (817) 649 - 3216 /Metro (817) 640 - 8212 /FAX (817) 649 -7645 Schrickel, Rollins and A ssociates, Inc. Mr. Kenneth M. Griffin, P.E. Page 2 March 7, 2000 Also included for discussion is a letter from our liability insurance agent which addresses several contractual issues. We request that the City review these comments and consider the revisions identified. Yours truly, SCHRICKEL, ROLLINS AND ASSOCIATES, INC. Daniel B. Hartman D B H /am /a 1 26 Attachments City of Coppell Creekview Drive West Boundary Wagon Wheel Park to Freeport Parkway Opinion of Probable Construction Cost February 29, 2000 4126 UNIT DESCRIPTION QTY. UNIT COST TOTAL ITEM PAYING `lMPB VEMENTS (including ROW prep.) 12,000 CY $ 6 I $ 72,000 Unclassified roadway excavation [ 101 (4 -lane, undivided) 12,300 SY $ 32 $ 393,600 102 8" Reinforced concrete pavement - 103 8" Subgrade stabilization 12,900 SY $ 2 I $ 25,800 104 Hydrated lime (45 lbs. /SY) 390 Tons $ 90 $ 35 105 6" Concrete drive approach and transition 170 SY $ 30 $ 5,100 106 Retaining wall (Adjacent to ex. Development) 200 SY j $ 200 $ 40,000 107 Street Lighting (foundation, pole, conduit, fixture, etc.) 11 EA $ 6,600 $ 72,600 200 SY j $ 35 $ 7,000 108 5" Concrete rip -rap 1 LS $ 8,000 $ 8,000 109 Pavement markings 110 Gabions - Creek Protection 1,200 CY $ 200 $ 240,000 111 Com Fill - Creek Realignment 10,000 CY $ 8 I $ 80,000 112 I Bermuda Sod 1,200 SY $ 4 I $ 4,800 113 Hydromulch Seeding 5,000 SY $ 0.10 $ 500 $ 984,500 Subtotal Paving DRARIVAGEIMPROVEMENTS (Assurrids cotinectlon au4tiabl at Freepor Greekview Intersection) ' 201 24" Cl. III RCP Storm Sewer 1,100 ! LF 45 $ 49,500 202 10' Recessed curb inlet 6 EA 3,000 $ 18,000 203 Trench Safety 1,100 LF 3 $ 3,300 204 Headwalls 1 EA 1,000 $ 1,000 205 Gabions at Headwalls 50 CY 200 $ 10,000 206 Metal beam guard fence (MBGF) 200 LF 1=5$ 3,000 207 St orm W ater P Prevention Plan (SWPPP) 1 LS 5 000 $ 5,000 $ 89,800 c..L, +_ +�1 nrainava 4126 ITEM I DESCRIPTION WATER /k"VEMENTS 301 12" PVC (C900) water m 302 6" PVC (C900) water main 303 12" Gate valve 304 6" Gate valve 305 Standard fire hydrant 306 2" Combination air and vacuum release valve 307 Ductile iron fittings 309 Trench safety r 6" Blowoff valve assembly Connect to existing 12" Water Main Subtotal Water RECAP 2 4126 UNIT QTY. UNIT I COS TOTAL 3,100 ! 200 LF LF 30 20 $ $ 9 3, 0 00 4,000 3 I EA 1,20 $ 3,600 6 EA 600 $ 3,6 00 6 I EA ,I 1,800 $ 10, 1 EA i 2,500 $ 2 2.0 Tons �!, 2,500 $ 5,000 3,300 LF 2 $ 6,600 1 EA 1 $ 1,200 2 EA 1,000 $ $ 2,000 132,300 City of Coppell Freeport Parkway (State Road) Creekview Drive to the Main Entrance into Wagon Wheel Park Opinion of Probable Construction Cost February 29, 2000 1 4126 j UNIT DESCRIPTION QTY. UNIT Q COST TOTAL ITEM j PAVING IMPROVEMENTS 101 Unclassified roadway excavation (including ROW prep.) 5,600 Cy $ 6 $ 33,600 �� 8" Reinforced concrete pavement (4 -lane, divided) 4 SY 32 $ 134,400 102 4,500 SY 2 � $ 9,000 103 8" Subgrade stabilization �- ---- - -- 104 Hydrated lime (45 lbs. /SY) 100 Tons 90 $ - 9,000 - -- - 105 Median paving with interlocking pavers 60 SY 30 $ 1,800 - - - -- 1,200 SY 20 $ 24,000 106 6 HMAC Transition Paving 107 6" Concrete drive approach and transition 300 SY 30 $ 9,000 - 200 Tons II 10 $ 2,000 108 Crushed stone for tempo access - - 109 Traffic control plan (Design and Implementation) 1 1 LS 10,000 $ 10,000 60 SY 35 $ 2,100 110 % 5" Concrete rip -rap -- 1 LS 4,000 $ 4,000 111 Pavement markings - 350 SY 4 $ 1,400 112 Bermuda Sod 113 Hydromulch Seeding 5,000 ! SY I 0.10 $ 500 114 Street Lighting (incl. Foundation, poles, conduit, fixtures, etc.) 3 EA 6,600 $ 19,800 $ 260,600 Subtotal Paving (101 -112) DRAIIV,GEMPROYEtENTS 201 36" Cl. III RCP Storm Sewer 1,300 LF 70 ; $ 91,000 - 202 24" Cl. III RCP Storm Sewer 200: LF 45 ! $ 9,000 1 ! EA 1,500 $ 1,500 203 H 204 10' Recesse curb inlet 4 EA 3,000 !, $ 12,000 100 LF 10 $ 1,000 205 Grade to Drain 206 Trench Safety 1,500 LF 3 $ 4,500 207 Gabions at Headwall 50 Cy 1 200 $ 10,000 208 Metal beam guard fence (MBGF) 200 LF 15 $ 3,000 209 Storm Water Pollution Prevention Plan (SWPPP) 1 LS 5,000 $ 5,000 $ 137,000 Subtotal Drainage 1 4126 4126 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 day of 2000, 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 Schrickel Rollins 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 im royements to Creekyiew Drive from the west boundary of Wagon Wheel Park to Freeport Par kway (State Road ,hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City an d 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. 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 City Engineer. 1. Scone of Services. A. 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. 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. pro_ rg ess 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: Schematic 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. Comaensation. A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Scope of Services described in Attachment A. Basic Services Fee shall not exceed the lump sum of One Hundred Fifteen Thousand, Nine Hundred dollars ($115.9001 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. Special Services Fee: The Engineer may be paid a fee under this Contract for Special Services pursuant to the Fee Schedule described in Attachment B, Scope of Services. Special Services Fee shall not exceed the lump sum of Nine Thousand Five Hundred dollars ($90.50 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 Two Hundred Si Thousand, Four Hundred dollars 1 20 6.400): The lump sum Basic Services Fee plus the maximum allowable 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 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. 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 Scope of Services. 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 W 7. Proiect 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. Liabili . 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 Page 5 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. 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 Page 6 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 are appropriately licensed or certified as required by law, and who are 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. 1S. 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 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. Page 7 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. 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 City Engineer. Page 8 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 Coppell, Texas Engineer: Schrickel. Rollins and Associates. Inc. ATTN: Daniel B. Hartman, P.E. 1161 Corporate Drive West. #200 Arlington. TX 76006 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. ENGE* EER: Schrickel, Rollins & Assoc.. Inc. BY: e B. Hartman, P.E., Vice President Date: /T L ATTEST: ATTEST: c ' ( RPORATE SEAL) Page 9 THE CITY OF COPPELL ATTACHMENT "A" - BASIC SERVICES Creekview Drive (West Boundary of Wagon Wheel Park to Freeport Parkway) The Engineer agrees to render services necessary for the development and completion the Project as outlined herein. The Basic Services to be performed by Engineer under this Contract include the following: A. SCHEMATIC DESIGN 1. 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. 2. 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. 3. 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 made only upon authorization by and at the expense of the City. 4. During the schematic 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 schematic plans and addressed in the schematic design report. The Engineer shall show on the schematic, 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 of information provided by the respective utility company. 5. 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 document and related exhibit for acquisition of right -of- way with use of Engineer's documents. Page 10 6. The Engineer shall supply construction plans to all utility companies, including but not limited to franchised utilities and pipeline companies which have existing and proposed facilities within the limits of the Project. The above mentioned construction plans shall consist of the following: one set of schematic plans, one set of dated preliminary plans, and, one set of dated and approved advertising (final) plans. 7. The Engineer shall furnish for City review two (2) copies each of the schematic 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, to include layouts, preliminary right -of -way needs, opinion of probable cost for each alternate proposed, and the Engineer's recommendation(s). B. PRELIMINARY DESIGN 1. The Engineer shall meet with the City to discuss the schematic 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 these 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 for the project to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Storm drainage calculations shall also be provided on the drainage layout sheet in the plans. 3. After receipt of preliminary design review comments from the City, the Engineer shall make all corrections noted and then commence preparation of the final design plans and specification/contract documents. C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. 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. Page 11 2. After receipt of final plan/specifications /contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. 3. 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 Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 4. The Engineer shall determine the right -of -way and easement needs necessary for the construction of the project and furnish same to City. The Engineer shall provide the necessary land survey, Deed and Abstract Records search, right -of -way exhibit and description of the single property parcel to be acquired for this project. D. CONSTRUCTION ADMINISTRATION. 1. 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. 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). 5. Engineer will arrange a pre - construction conference with City staff, Contractor(s), and all affected utility companies. Page 12 6. Engineer will provide periodic field representation and will observe construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the 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. 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 and 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. These revisions will be based upon information provided in written or graphic form to the Engineer by the City Inspector and /or Contractor. 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. Page 13 ATTACHMENT "B" — SPECIAL SERVICES Creekview Drive (West Boundary of Wagon Wheel Park to Freeport Parkway) Scope of Services The "Basic Services" to be provided for this project by the Engineer are itemized in Attachment "A" - Basic Services as included herein. Special Services which may be authorized by the City may include, but not limited to, the following: 1) Preparation of Contract Documents for the construction of Freeport Parkway from Creekview Drive to the main entrance into Wagon Wheel Park. Design would include a4-lane divided roadway, drainage improvements, street lighting plan, right of way parcels, and striping plan. A traffic control plan will be specified to be prepared and implemented by the Contractor. (Lump Sum Fee = $42,500) 2) Engineer shall coordinate this Project with the US Army Corps of Engineers and shall obtain the necessary Section 404 Permit if required for the Project. (Hourly fee not to exceed $25,000) 3) Engineer shall coordinate this Project with FEMA and obtain a Conditional Letter of Map Revision if required. (Hourly fee not to exceed $25,000) Engineer will invoice the City for the above defined Special Services only after authorization of same from the City. If other Special Services are needed by the City for this contract, Engineer will provide same only at the direction and with the approval of the City on the basis of an agreed upon maximum amount or on an hourly reimbursable basis based upon the hourly rates (per Attachment C) for the various employee classifications that may be required to complete the Special Services. 4126 Page 14 ATTACHMENT "C" SCHEDULE OF CHARGES - 2000 BILLABLE SALARY RATE & EXPENSE CHARGES The ranges and individual salaries are adjusted annually. OTHER SERVICES (invoiced at rate shown) Four Man Field Parry $102/hour Three Man Field Party 92/hour Two Man Field Party 78/hour PRINTING SERVICES (in house): SO. FT. PER ORDER BLUE LINE MYLAR PRICE VARIES ACCORDING TO SIZE OF ORDER 6 1 RANGE OF BILLABLE SALARY RATE CLASSIFICATION: LOW HIGH PRINCIPAL $125 $145 ASSOCIATE 86 120 SENIOR ENGINEER 102 115 ENGINEER III 88 100 ENGINEER 11 65 88 ENGINEER 1 55 65 DESIGNER/ENGINEER -IN- TRAINING 50 65 SENIOR LANDSCAPE ARCHITECT 90 115 LANDSCAPE ARCHITECT III 65 90 LANDSCAPE ARCHITECT 11 55 85 LANDSCAPE ARCHITECT 1 50 60 DESIGNER 43 60 SENIOR PLANNER 90 120 PLANNER 75 100 ARCHITECT 80 95 DESIGNER 70 90 SURVEY COORDINATOR 60 80 SENIOR ENGINEERING TECHNICIAN 55 68 ENGINEERING TECHNICIAN 50 68 PLANNING TECHNICIAN 48 66 PRODUCTION COORDINATOR 70 95 CAD OPERATOR/ DRAFTER III 55 70 CAD OPERATOR/ DRAFTER II 45 58 CAD OPERATOR/ DRAFTER 1 35 50 SENIOR SECRETARY 45 70 SECRETARY/WORD PROCESSOR 35 48 CLERK 27 40 The ranges and individual salaries are adjusted annually. OTHER SERVICES (invoiced at rate shown) Four Man Field Parry $102/hour Three Man Field Party 92/hour Two Man Field Party 78/hour PRINTING SERVICES (in house): SO. FT. PER ORDER BLUE LINE MYLAR PRICE VARIES ACCORDING TO SIZE OF ORDER 6 1 $3.70 1 $10.00 100 25.71 1 139.00 101 -200 0.18 /S.F. 1.30 /S.F. 201 -300 0.14 /S.F. 1.25/S.F. 301 -1000 0.13 /S.F. 1.20 /S.F. 1001 -up 0.11.S.F. 1.15/S.F. COMPU PLOTTING SERVICES (in house) In -house Xerox copies provided at $0.07 per single side copy or $0.14 per double side copy. OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel, transportation and subsistence away from Arlington 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. Page 15 00 SRA -1 BLACK INK ON COLOR ON MYLAR FILM SIZE BONDNELLUM BONDNELLUM OF INK PLOT up to 11 "x 17" $ 10.50 $ 13.00 $ 13.50 24 "x36" 11.00 15.50 21.00 30 "x42" 12.50 22.00 27.00 oversize add 2.50 /SF 3.50 /SF 4.50 /SF In -house Xerox copies provided at $0.07 per single side copy or $0.14 per double side copy. OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel, transportation and subsistence away from Arlington 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. Page 15 00 SRA -1 ATTACHMENT "D" - PROJECT SCHEDULE 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 April 1, 2000: Item Submit Schematic Design Submit Preliminary Design Plans Submit Final Plans and Specifications Date June 15, 2000 September 15, 2000 December 15, 2000 The Engineer reserves the right to extend the completion schedule due to the City's delays. This schedule is based on the assumption that the Engineer will receive comments from the City within 4 weeks of submittal of plans for review. Furthermore, this schedule does not include US Army COE or FEMA review time (if required) which can vary from 3 to 9 months. 4126 Page 16 SUPPORT DOCUMENT NO. 1 CALCULATION OF ENGINEERING FEE FOR BASIC SERVICES Creekview Drive (West Boundary of Wagon Wheel Park to Freeport Parkway) 1. Budget Construction Cost Estimate = $1,206,600 2. Engineering Services A. Roadway Design ($1,206,600 x 0.074 x 0.85)' _ $75,895 use $75,900 B. Topographical and ROW Survey $18,100 (Already flown but not mapped - need special detail in Creek Area) C. Preparation of ROW /Easement documents (3 @ $1,000) $3,000 D. Coordination with Utility Companies (20 hrs. @ $70) $1,400 E. Direction and review of geotechnical investigation (30 hrs. @ $70) $2,100 F. Construction Observation ($1,206,600 x 0.074 x 0.15)' _ $13,393 use $13,400 G. Printing $ 2,000 Total - Basic Services (Lump Sum) $115,900 ' Percentage based on TSPE publication "A Manual of Practice for Engaging the Service of a Consulting Engineer" dated 1982. 85 % of the calculated amount is proportioned to design and 15 % to construction observation services. 4126 SUPPORT DOCUMENT NO. 2 CALCULATION OF ENGINEERING FEE FOR SERVICES Freeport Parkway (Creekview Drive to Wagon Wheel Park Entrance) 1. Budget Construction Cost Estimate = $397,600 2. Engineering Services A. Roadway Design ($397,600 x 0.072 x 0.85)' = $ 24,333 use $24,300 B. Topographical and ROW Survey $7,500 (Already flown but not mapped - need special detail for Storm Drain Outfall) C. Preparation of ROW /Easement documents (4 @ $1,000) $4,000 D. Coordination with Utility Companies (10 hrs. @ $70) E. Direction and review of geotechnical investigation (10 hrs. @ $70) F. Construction Observation ($397,600 x 0.072 x 0.15)' _ $4,294 use G. Printing Total - Special Service No. 1 (Lump Sum) $700 $700 $4,300 $1,000 $42,500 ' Percentage based on TSPE publication "A Manual of Practice for Engaging the Service of a Consulting Engineer" dated 1982. 85% of the calculated amount is proportioned to design and 15 % to construction observation services. The 7.2 % figure is based on the combined construction cost (Creekview Drive plus Freeport Parkway). 4126 SUPPORT DOCUMENT NO. 3 CALCULATION OF ENGINEERING FEE FOR SERVICES Creekview Drive (West Boundary of Wagon Wheel Park to Freeport Parkway) Special Service No. 2 - US Army COE, 404 Permit (if required) Senior Engineer 60 hrs. @ $100 = $ 6,000 Engineer II 100 hrs. @ $ 70 = $ 7,000 Environmental Specialist 150 hrs. @ $ 60 = $ 9,000 Secretary 50 hrs. @ $ 40 = 2,000 Total Special Service No. 2 (Hourly) $24,000 Special Service No. 3 - FEMA - CLOMR (if required) Senior Engineer 60 hrs. @ $ 100 = $ 6,000 Engineer II 100 hrs. @ $ 70 = $ 7,000 Environmental Specialist 150 hrs. @ $ 60 = $ 9,000 Secretary 50 hrs. @ $ 40 = 2,000 Total Special Service No. 3 (Hourly) $24,000 If other Special Services are needed by the City for this contract, Engineer will provide same only at the direction and with the approval of the City on the basis of an agreed upon maximum amount or on an hourly reimbursable basis based upon the hourly rates (per Attachment C) for the various employee classifications that may be required to complete the Special Services. 4126