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ST0502B-CN120410 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 110- day of , 2012, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Teague Nall & Perkins, 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 FREEPORT PARKWAY PHASE B IMPROVEMENTS (from W. SANDY LAKE RD. to STATE HIGHWAY 121.) PROJECT #ST 05-02 B 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, 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. Scope of Services, A. Basic Services Parts A, B, & C: 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. Compensation. 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 Three Hundred Ninety Thousand Dollars ($390,000.00) 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. Additional Services Fee as Attached: The Engineer should be paid a fee under this contract for services pursuant to the Fee Schedule described in Attachment A, Scope of Services. Additional Services Fee shall not exceed the lump sum of One Hundred Twenty Four Thousand Five Hundred Dollars ($124,500.00). C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Five Hundred Fourteen Thousand Five Hundred Dollars ($514,500.00). 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. 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 Page 3 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. 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 Page 4 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 fmal and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and Page 5 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 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. Page 6 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. 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 individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. Page 7 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. 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 Engineering Dept. 255 Parkway Blvd Coppell TX 75019 Ken Griffin, P.E., Director of Engineering and Public Works Page 8 Engineer: Teague Nall & Perkins, Inc. 12160 N Abrams Rd. Suite 508 Dallas TX 75243 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL TEAGUE, NALL & PERKINS, BY: INC. BY: bi r;�nc� City Manager Name &Title Date: S k.Z— Date: [2f20\2_ ATTEST: ATTEST: eTh .4 4144 / F / (CORPORATE SEAL) Page 9 ATTACHMENT "A" SCOPE OF SERVICES The Engineer agrees to render services necessary for the development and completion of the Project as outlined herein. The Basic Services to be performed by Engineer under this Contract include the following: The scope of this project generally entails the design of a 3,300 LF section of Freeport Parkway from West Sandy Lake Road to State Highway 121. Freeport Parkway is to be designed as a 6-lane divided thoroughfare within a 110' right-of-way, with a 10' hike and bike trail and 5' sidewalk. The design contract includes the following elements: 1. Design of the northbound and southbound lanes for full length described above, as well as the trail and sidewalk. 2. Hydrologic evaluation of existing surrounding runoff and effects of adjacent detention pond upstream of roadway in order to size approximately 350 LF of storm drain culvert. Design of new underground storm drain facilities within the roadway as necessary to accommodate roadway and adjacent runoff. 3. Existing water/sanitary sewer facilities shall be identified. Project includes design of 3,300 LF of 12 inch water line to connect existing stub-outs from each end. 4. Project includes design of approximately 500 LF of sanitary sewer line across the roadway to replace existing 12-inch sewer line. Proposed sewer will be sized according to the City Sewer Master Plan, and located within an existing easement. Approximately 1,000 LF of new sanitary sewer line shall be constructed parallel to the roadway to serve future development properties. 5. Coordination with franchise utility companies regarding existing infrastructure within the area, including American Tower, Atmos, and Brazos Electric. Provide Subsurface Utility Engineering survey to locate lines in conflict with proposed roadway and proposed City utilities. 6. Coordination with land owner and his representatives regarding access to property and overall project design status. Coordination with Texas Department of Transportation regarding connection to SH 121. 7. Provide street light foundation location and conduit layout per TXU direction and City standard details. Scope does not include illumination design. 8. Provide boundary survey of Callejo property to determine right-of-way lines along West Sandy Lake Road and SH 121 at each end of Freeport, as well as locate the proposed 110' right-of-way alignment of Freeport to be dedicated. Prepare the necessary right-of-way and easement documents and related exhibits for acquisition of parcels described Special Services. 9. Provide landscape and irrigation design within the medians of Freeport Parkway from West Sandy Lake Road to SH 121. 10. Provide design of signal lights for Freeport at Sandy Lake and at SH 121. Coordinate with City of Coppeli and City of Grapevine as necessary for design. BASIC SERVICES: 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 he 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 be made only upon authorization by and at the expense of the City. 4. The Engineer shall provide necessary design field surveys for his use in the preparation of preliminary and final plans and specifications. Survey For Design: Provide detailed topographic survey for project along the preliminary alignment corridor. This will include horizontal and vertical location of existing above ground features and visible utility appurtenances throughout the length of the project corridor including, but not limited to, existing pavement connections, fences, water valves, fire hydrants and manholes. Flowlines of existing culverts will be shot and elevations provided. Survey limits will be 100' left/right of the centerline. Topographic cross section survey will extend 300' upstream and downstream from the centerline at the drainage crossing for use in drainage design. (a) Establish control network utilizing GPS and City of Coppell published datum. Unless otherwise required, horizontal datum will be NAD 83 and NAVD 88 for vertical datum. (b) Perform field surveys to tie the horizontal and vertical locations of franchise utilities when located close to proposed facilities. (c) Establish vertical control benchmarks within the project limits on existing permanent structures. (d) Tie benchmarks to as-built plans for correlation of datum. 5 Tie right-of-way lines, property lines and corners, if found, fence lines, and other visihle surface features to the survey control network within the proposed route. Identify properties by address number and/or business name. A. PRELIMINARY DESIGN A schematic alignment of the roadway has previously been prepared fur the purpose of deter mining right-of- way (ROW) needs. Preliminary ROW documents have also been prepared. Engineer will use this information and discuss with the City the roadway's proposed geometrics, impact to property, and right-of-way/easement needs. Information regarding existing utility lines within the project limits will be shown on an updated alignment layout for review. 1. Upon confirmation of the alignment by the City, the Engineer shall 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. Project design shall be in accordance with environmental standards provided by the City, as well as known state and federal guidelines applicable to the project. a. Prepare existing and proposed typical sections for the project. This will include pavement, base, and sub-base material callouts in accordance with the City's design standards. b. Establish preliminary horizontal centerline alignment. c. Establish preliminary vertical alignments for full-width roadway construction areas of project. d. Show major features on plan sheets including proposed edges of roadway, left turn bay limits, and median widths. e. Show preliminary storm system improvements. f. Show known utility crossings and nearby adjacent utilities, and other topographic features such as light standards, air release valves, and manholes as identified from field surveys and information provided by utility companies and the City's record drawings. g. The Engineer shall supply the schematic alignment to all known utility companies, including franchised utilities and pipeline companies which have known existing facilities within the limits of the Project. One set of dated preliminary plans, and one set of dated and approved advertising (final) plans shall also be submitted at the appropriate intervals 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. 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. B. 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 nut guarantee thdl Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. a. Develop miscellaneous sheets such as Title Sheet, Horizontal Control Sheet, General Notes & Quantities,and Standard Details. b Prepare Frosinn Control Plan sheets (full size, 1:40 scale) for proposed improvements. The successful bidder (contractor) will be required to supply and submit a formal SWPPP to the TCEQ as owner and operator of the construction project. c. Finalize Typical Sections including General Construction Sequencing and Traffic Control Notes. d. Prepare Traffic Control Plan sheets (full size, 1:40 scale) and construction phasing plans for proposed improvements. e. Prepare Drainage Area Map (full size, 1:100 scale) for proposed pavement improvements throughout project. Drainage boundaries will be established through the use of existing development plans, USGS maps, and other data sources. Field surveying will not he performed to establish these boundaries. The final Drainage Area Map will include defined sub-areas with drainage I.D. numbers, area (acres), design frequency, time of concentration, intensity, runoff coefficients ("C"), and resulting sub-area flow("0") consistent with the City of Coppell design standards. f. Prepare Storm Sewer Plan and Profile sheets (full site, 1:20 scale) to account for new storm sewer throughout project limits. These sheets will include lateral profiles. g. Prepare final Paving Plan and Profile sheets(full size, 1:20 horizontal scale) for project. h. Provide final design cross sections every 50 feet along the project, to be included in the construction documents. r. Incorporate comments from the utility companies pertaining to the location of existing facilities and organize a utility coordination meeting among all impacted utilities at City Hall. j. Prepare Striping/Signage Plans(full size, 1:40 scale)for proposed project improvements. k. Provide preliminary street light foundation layout and conduit stub-outs across intersections and median openings per City Standards. I. Finalize Special Conditions,which will include Special technical specifications. rn. Meet with City to develop final phasing of construction and traffic control plan (to be included in construction plans). City will notify the City of Coppell Police and Fire Departments of all proposed construction phase traffic. n. Complete quantity take-off and prepare final estimate of probable construction cost based on final plans. o. Prepare final bid documents including bid proposal forms, construction plans, specifications, and contract documents. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then provide up to twenty (20) copies of contract documents and final bid plans to Contractors 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. C . 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 Contractors) 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). S. Engineer will attend a pre-construction conference with City staff, Contractor(s), and all affected utility companies. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary, including possible scheduled meetings with the project inspector and the Contractor(s)to discuss the construction progress. A written report can be provided to the City after each of these bi-weekly meetings if needed. 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. 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 CAD files of the new construction for use in the City's curnputericed wrapping system. ADDITIONAL SERVICES: 1. Provide boundary survey of the Callejo property. Required steps will include: obtain deeds at courthouse; prepare right-of-entry letters prior to starting field work; prepare a deed sketch to be used by field crews in performing the boundary surveys of said tract; locate adjoining properties as required by Texas Board of Land Surveying; establish the existing right-of-way of Sandy Lake Road and SH 121; prepare right-of-way and/or easement documents consisting of Exhibit A (Parcel Description) and Exhibit B (Parcel Map) for the following tracts: 1) 8.25 acres to be dedicated as the 110' ROW for Freeport; 2) small remainder tract connecting the 8.25 acres to Sandy Lake Road; 3) ROW or easement for hike/bike trail along the north side Freeport; and 4)drainage/utility casement as needed. 2. Provide a tree survey of all trees larger than 6-inches in diameter within the project corridor. Tree mitigation plan is not included. 3. Provide landscape architecture and irrigation design for the medians in accordance with City's desired guidelines. It is anticipated that the Consultant will provide landscape design improvements based on established streetscape planting schemes as developed on the West Sandy Lake road section, as well as the theme established with the landscape design of rreeport Parkway south of Sandy Lake Road. The consultant will coordinate his efforts with the Owner's representative. Efforts will include one (1) landscape design concept in sketch form that conveys the overall design intent. Landscape and irrigation intent shall be based on established landscape requirements and set by the City. The design concept shall be presented to the Owner for input and consensus before proceeding to the next design phase. Owner input shall be incorporated into the design concept to generate a schematic design. A preliminary opinion of probable construction cost will be developed at the schematic design phase. Bid and construction documents will be prepared. A progress landscape plan will be presented to the Owner for review at 60% completion of the final design plans, along with an irrigation design schematic. Final design plans will also be presented to the Owner for review at 90% completion as well. Final design plans will be sealed by a Registered Landscape Architect. 4. Provide street light and traffic signal design services for the proposed alignment. Prepare street light foundation location and conduit layout per TXU direction and City standard details. Scope does not include illumination design. Prepare signal improvement plans for connection at SH 121, and coordinate with TxDOT and City of Grapevine. Prepare signal improvement plans for connection at Sandy Lake Blvd. Plans will include the layouts, necessary details of change to accommodate the new roadway, and any relevant standard change. Scope does not include timing changes. 5. Provide geotechnical investigation report for roadway pavement design. Subsurface conditions will be evaluated with six borings to eight teet for the roadway alignment. Laboratory investigations will be made of boring materials. Engineering report will address: soil, rock, and groundwater conditions; pavement design; and construction considerations. Provide Subsurface Utility Fngineering services. The general scope of work for this task involves providing SUE services for the project site as reflected on the attached exhibit. SUE services will be conducted and provided in general compliance with CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This standard establishes and defines four quality levels for data collection. The scope of services for this project includes: QL-"D", QL-"C" & QL-"B" SUE, as well as QL-"A" SUL services at specific locations on the site. a. These services are for the purpose of aiding the design of the subject project by providing information related to subsurface utilities in order to allow potential utility conflicts to be minimized or eliminated. b. The Engineer will provide services that meet the standard of care for existing subsurface utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with regard to records research and acquisition of utility information, including visually inspecting the work area for evidence of utilities and reviewing the available utility record information from the various utility owners. However, the Engineer makes no guarantee that all utilities can or will be identified and shown as there still may be utilities within the project area that are undetectable or unknown. c. Utilities that are not identified through these efforts by the Engineer will be hereafter referred to as "unknown" utilities. As part of these services, the Engineer will scan the project area using electronic prospecting equipment to search for possible "unknown" utilities and will note any that are detected. However, the Engineer is not responsible for designating and/or locating "unknown" utilities. d Ground penetrating radar will not he used as a part of the field investigation of the project site unless that use has been specifically addressed with the scope of services described herein. e. Test holes are very limited in size or diameter (typically 12 inches by 12 inches, or approximately 144 square inches). Given this limited size, some subsurface conditions may prevent the completion of test holes, including rock(s), groundwater, large roots, other utilities & structures, etc. Test hole attempts which cannot be completed due to site conditions will be documented and noted on the plans. f. When test holes are used to locate utilities, the nominal pipe sizes of the targeted utility will be documented and reported by using field measurements of the outside diameter (OD) of the pipe (to the nearest inch). Based upon this field measured OD, the nominal pipe size will be determined using typical pipe wall thickness data and other available data including record information. Pipe diameters that are too large for measurement, encased or non-encased conduit duct banks and other concrete encased systems which cannot be adequately measured will be reported based upon the best available information. g. The documented results produced by these services represerrl a professional opinion and interpretation based upon record information and/or field evidence. These results may be affected by a variety of existing site conditions, including soil content, depth of the utility, density of utility clusters, and electro-magnetic characteristics of the targeted utilities. Also, the lack of and/or poor condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will make the successful detection and location of the utility unlikely. h. The Engineer will apply professional judgment to determine which utilities require additional field effort and/or methods to properly designate and/or locate, most commonly when record drawings are not available. In such cases, the Engineer will provide a recommendation or request for additional services to the Client. Among other methods, a detectable duct rodder or other conductor may be introduced into the line to enable the designation of the utility. This method is dependent upon approval by the utility owner, as well as access to, size and condition of the utility. i. None of these services are intended to and should not be understood to relieve the Client or others from the responsibility to comply with the statutory requirements related to notifying the proper one- call systern(s) in advance of any and all excavation, grading and/or construction within the project site. • Quality Level D (QL-"D") —Generally QL-"D" indicates information collected or derived from research of existing records and/or oral discussions. • Quality Level C( OL-"C") - Generally QL-"C" indicates information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to QL-"D" information. Incorporates QL-"D" information. • Quality Level B (QL-"B") — Generally QL-"B", also known as "designating" indicates information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate horizontal position of subsurface utilities. Quality level B data should he reproducible by surface geophysics at any point of their depiction. This information is surveyed to applicable tolerances defined by the project and reduced onto plan documents. Incorporates QL- "D" & QL-"C" information. • Quality Level A(QL-"A") -Generally QL-"A", also known as "locating", indicates the precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed and surveyed utilities) and subsequent measurement of subsurface utilities, at a specific point. Incorporates QL-"D" QI -"C" & C11-"R" information. The project site limits and specific areas for QL-"D", "C" & "B" SUE services are reflected on the attached exhibit. A detailed description of the proposed scope of services for this project is provided below: Phase I: (QL-"D", "C" & "B") Subsurface Utility Engineering: TNP will perform up to QL-"B" Subsurface Utility Engineering services along the proposed new alignment of Freeport parkway between Hwy 121 and Sandy Lake Rd. (approximately 7,750 +/- LF of utility designating). This work includes: a. Requesting utility records from the Client, public utilities and private utility companies known to provide service within the project area, as well as other sources, in an effort to develop a comprehensive inventory of utility systems likely to be encountered. Record documents may include construction plans, system diagrams, distribution maps, transmission maps, geographic infurrnalion system data, as well as Ural descriptions of the existing systems. Record information will not be used as a substitute for field location methods unless it is determined to be the most appropriate method for depicting the utilities at the site. The depiction of utilities from records (QL-"C" or "D") will be based on thorough field and office activities and shall be based on the most reliable indication of position available. h Investigating all utility systems shown on the record drawings that are included within the project site. Visible surface features and appurtenances of subsurface utilities found within the project site will also be evaluated. Using appropriate surface geophysical methods, TNP will search for detectible indications of the location of anticipated subsurface utilities. c. Marking all locations that can be validated, using paint,flags or other devices. d. Preparing documentation of the utilities encountered and marked, including their general location,orientation, type & size, if known. This data will depict horizontal data at accuracy levels in compliance with CI/ASCE 38-02. A variety of geophysical equipment will be used to depict the location of utilities. Electromagnetic induction will be used to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). Nonmetallic/non-conductive utilities will be designated using other proven methods, such as rodding, and probing. Where access is available, a sonde will be inserted into the utility line and traced using electromagnetic induction. If access is not available for non-metallic utilities or additional data is needed, additional services may be recommended or requested at crucial locations to provide (QL- "A") SUE Services in order to identify the location and attributes of utilities. All horizontal survey data will be acquired by robotic total stations and placed on the Texas State Plane Coordinate System North Central Zone, at Grid. All vertical survey data (Elevations) will be acquired via trigonometric methods and will be referenced to either FEMA or City of Coppell vertical control stations. Phase li: (QL-"A") Subsurface Utility Engineering: TNP will excavate by air-vacuum or other minimally invasive methods up to eight (CZL-"A") test holes in agreed upon locations to identify the exact horizontal and vertical locations of crucial utilities. Unless specified otherwise in this scope, the location of the test holes will be outside of any paved areas. This work includes: a. Providing all necessary personnel, equipment, supplies, management and supervision needed for the test hole excavation, backfill and restoration. b. Coordinating with Client, property owner, and/or permitting authorities, as needed and obtaining any required permits, permission or rights-of-entry c. Contacting the appropriate one-call system to request utilities to be marked on-the-ground prior to beginning excavation of test holes. d. Providing and utilizing appropriate traffic control devices, as necessary, in conformance with the MUTCD, including any state or locally adopted supplements. e. Preparing documentation for each test hole attempted. This documentation will include the horizontal and vertical position of the targeted utility or structure, a general description of the target utility,with condition, material and general orientation noted, a generalized description of the material enwuntered in the test hole, and any other field observations noted during the excavation. The test holes will be backfilled, compacted to prevent settlement and the surface restored to as original as possible. All horizontal survey data will be acquired by robotic total stations and placed on the Texas State Plane Coordinate System North Central Zone, at Grid. All vertical survey data (Elevations) will be acquired via trigonometric methods and will be referenced to either FEMA or City of Coppell vertical control stations. If additional (QL-"A") SUE services are requested, they may he provided on a reimbursable basis. It is understood that ENGINFFR cannot guarantee all utilities will be discovered during the SUE process. Availability of utility records and limitations of surface geophysical prospecting methods do not always permit utilities to be detectable. • D. EXCLUSIONS the intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the items listed below. However, in the event the following tasks need to be performed, the Consultant and City may mutually agree upon a scope/fee amendment to facilitate the tasks: A. Providing an on-site representative. B. Environmental impact statements, assessments, and 404 permitting. C. Fees for FEMA submittals, permits or advertising. D. Certification that work is in accordance with plans and specifications, beyond standard preparation of record drawings described. E. Environmental cleanup. F. Floodplain reclamation plans. G. Trench safety designs. H. Quality control and testing services during construction. I. Services in connection with condemnation hearings. J. Preliminary engineering report. K. Design of water and sanitary sewer lines beyond those described in scope. L. Design of structural retaining walls beyond 4' in height. M. On-site safety precautions, programs and responsibility. N. Consulting services by others not included in proposal. 0. Traffic engineering report or study. P. Title searches, boundary surveys, or property surveys other than those described above. Q. QL-"A" test holes in paved areas. R. Q—"A" test holes deeper than twelve (12)feet. COMPENSATION: The conceptual opinion of probable construction cost for all project improvements is $ 4,343,058. The maximum overall fee established herein shall not be exceeded without written authorization from the City of Coppell,justified by increased scope of services. The following is a summary of the estimated charges for the various elements of the proposed services: Part l: Basic Services Fee A. Engineering Design $ 350,000 B. Surveying for Design $40,000 Subtotal: $ 390,000 Part II: Additional Services A. Reimbursable Expenses(printing, as-built prep,etc) $ 5,000 B. Boundary survey and ROW documents described $ 12,000 C. Landscape Design $ 38,000 U. Subsurface Utility Engineering $ 22,500 E. Street Lighting and Traffic Signal Design $ 17,000 F. Geotechnical Evaluation and Report $ 10,000 G. Tree Survey $ 20,000 Subtotal: $ 124,500 Tota: Contracted Fee: $ 514,500 TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2012 to December 31, 2012* Engineering I Technical From - To Principal S170 - $230 Per Hour Project Manager S120 - $200 Per Hour Senior Engineer S110 $220 Per Hour Engineer $85 - $140 Per Hour Landscape Architect/Planner $110 - $175 Per Hour Landscape Designer $70 - $110 Per Hour Designer $85 - $120 Per Hour Senior Designer S100 - S160 Per Hour CAL)Technician $60 - $95 Per Hour Senior CAD Technician $75 - $110 Per Hour IT Consultant $120 - $150 Per Hour IT Technician $85 - $120 Per Hour Clerical $50 - $80 Per Hour Resident Project Representative $70 - $120 Per Hour Surveying Survey Manager $130 - $180 Per Hour Registered Professional Land Surveyor S120 - $150 Per Hour S.I.T./Senior Survey Technician $85 - S110 Per Hour Survey Technician $70 - $100 Per Hour 1-Person Field Crew w/Equipment" $120 Per Hour 2-Person Field Crew w/Equipment"" $145 Per Hour 3-Person Field Crew w/Equipment" $165 Per Hour 4-Person Field Crew w/Equipment' $190 Per Hour Flagger $40 Per Hour Abstractor(Property Deed Research) $85 Per Hour Subsurface Utility Engineering Hourly Rate SUE Engineer $160 Sr. Utility Location Specialist $95 Utility Location Technician $75 1-Person Designator Crew w/Equipment S115 2-Person Designator Crew w/Equipment $135 2-Person Vacuum Excavator Crew w/Equipment $250 (Travel and Stand-by) SUE QL-A Test Hole (0<4 ft)" S900 per hole SUE QL-A Test Hole (>4 <6 ft)"`" $1.100 per hole SUE QL-A Test Hole (>6 <8 ft)""" S1,310 per hole SUE QL-A Test Hole (>8< 10ft)'"" $1,530 per hole SUE QL A Test Hole (>10 < 12ft)"'" S1,770 per hole SUE QL-A Test Hole (>12 < 14ft)""" $2,000 per hole Direct Cost Reimbursabies Photocopies, Scans& PDF Files: $0.10/page letter and legal size bond paper, B&W $0.20/page 11"x 17"size bond paper, B&W $1.00/page letter, legal and 11"x 17" size bond paper.color $2.00/page 22"x 34"and larger bond paper or vellum, B&W $4.00/page 22"x 34"and larger bond paper or vellum,color Plots: $1.00/page 11" x 17"size bond paper, B&W $2.00/page 11" x 17"size bond paper, color $4.00/page 22"x 34"and larger bond paper or vellum.B&W $6.00/page 22"x 34"and larger bond paper or vellum,color 56.00/page 22"x 34"and larger mylar or acetate, B&W Mileage 50.55/mile 411 Subcontracted and outsourced services shall he pilled at rates comparable to TNP's pilling rates shown above -Rates shown are for calendar year 2012 and are subject to change in subsequent years. --Equipment includes Truck, ATV, RobotiC Total Station,GPS Units and Digital Level. ""'W icing includes 2-Person crew.designating for excavation, vehicle costs,and field supplies.