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S?!EEK*D'@@*=,!?B'=Q S?!EE"*D'@@*=,2!.."'+!)'E?GB2,*2B<=D'=?"!D?$B?GH!)?*" I R'!)>D'=Q  S(2?!B=!P)*-B?%R'+*"=@*=?  S.*DB!) )!D*?'VB+*  !4 #$%&!'(!#')) **+!, -./$0% 1!'0!2345345"4 T H E C I T Y O F COPPELL 9 r - o A S' 8 MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering & Public Works FROM: George Marshall, P.E., Civil Engineer DATE: August 14, 2012 REF: Consider approval of an Engineering Design Contract with Walter P. Moore and Associates to provide professional engineering design services for the Creekview Retaining Wall and Roadway Improvements; for an amount not to exceed $90,830.00; as provided for in CIP funds; and authorizing the City Manager to sign and execute all necessary documents. This agenda item is to award a professional engineering design contract to Walter P. Moore and Associates to provide the city with a design to stabilize the north side of Creekview Drive along Cottonwood Creek and the storm drainage system along the south side of Creekview Drive. Over the past few years Staff has seen a dramatic change in the creek bank along the north side of Creekview Drive as well as pavement damage adjacent to the storm drainage inlets. Staff has reviewed the issues and determined that there are two (2) major problems with this area. First, it appears the existing gabion wall built with Creekview Drive is eroding below the creek bank and threatening the stability of the existing wall. Second, Staff televised the existing storm sewer lines and determined that there are several areas where the concrete pipe has separated. That allows dirt and water to infiltrate into the system, which in-turn erodes the pavement subgrade. As defined in the contract, Walter P. Moore and Associates will provide the following design components: (1) An additional gabion wall in front of the existing wall to armor the creek bank to prevent further undermining of the existing wall and street. It is anticipated that the wall will be approximately 20 feet tall and 300 feet long; (2) Design of approximately 100 feet of Creekview Drive, along with storm sewer laterals, in the vicinity of the existing retaining wall. Staff recommends approval of entering into a contract with Walter P. Moore and Associates in the amount of$90,830.00 for the professional engineering design services for this project. 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U.1 w a =,,060 :WI ,v' Q CY M m W cif } W L7 Q U 2 - U Q CY 99 Q a t o • 3 I :1, v C e f ''°1 L 8 a j 'w 9 .. v N I Y 7. co ` s • -e s s • ,, o W .• i Ii ` , O ON ii pI ;, i ` ' 0 II�7 ["Z rya\rnOVSSSaH'I.FW�'WI 50'1[1[ziWL 606.W.i14 1®mn•604w4 SnnNNN0i�.wi»\9IMW.W+604 to-2nN0Nn06406000s 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 l44-11‘ day of , 2012, by and between the City of Coppell acting by and through the City Manager with ap oval of the City Council hereinafter referred to as "City", and WALTER P. MOORE AND ASSOCIATES, 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 CREEKVIEW RETAINING WALL AND ROADWAY IMPROVEMENTS,hereinafter referred to as the "Project";and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project;and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference;and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. 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 I & II: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 2 3. 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 SEVENTY-FOUR THOUSAND, THIRTY dollars ($ 74,030 ) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract for Basic Services Part II pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of SIXTENN THOUSAND, EIGHT HUNDRED dollars ($ 16,800 ) provided, however, that modifications to the Basic Services Part II, or other conditions defined herein may necessitate a change of Basic Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of NINETY THOUSAND, EIGHT HUNDRED THIRTY dollars ($90,830): The lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty(30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City,in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Page 3 4. Fee Increases. 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. 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 Page 4 Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer,its employees, subcontractors, agents and consultants for the accuracy and competency of 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, Page 5 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 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. Page 8 73 11 • 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 Po `aoy__ C114-1$ C-o iveAkt MC 1c011 Engineer: Ernest L. Fields, P.E. Principal Walter P Moore 1845 Woodall Rodgers Frwy, Suite 1650 Dallas, TX 75201 IN WITNESS WHEREOF,the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. _ / THE CITY OF COPPELL ENGINEER: , ,# A BY: BY: NHS' . L • •' ', C,i2S fit i NtI a m City " anager Name& Title Date: O A1 ) Z Date: g/i7/z0J 7i ATTEST: ATTEST: ,,L_i_L :/ • ��. .14 .1 /i/L.l (CORPORATE SEAL) Page 9 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT A— SCOPE OF BASIC SERVICES Proiect Description The project includes the following improvements in the vicinity of Creekview Drive and Wagonwheel Park in Coppell, Texas: • An existing gabion wall which protects Creekview Drive is in danger of being undermined by the migration of the creek channel. An additional wall will be added in front of the existing wall to armor the creek bank to prevent further undermining of the existing wall and street. It is anticipated that the wall will be approximately 20 feet tall and 300 feet long. • Approximately 100 feet of Creekview Drive has experienced significant settlement in the vicinity of the existing retaining wall. Existing storm sewer laterals under the street have experienced movement that has caused separations at their connections to the 66-inch main. It is our understanding that water and sanitary sewer mains in the street and the 66-inch storm main are in acceptable condition. We anticipate that the laterals will be repaired or replaced, including the connections to the main. We do not anticipate replacement of the main. PART I — SCHEMATIC DESIGN A. Review Reports, utility plans and Data Collection including reviewing any available City of Coppell reports on the erosion problems, meeting with City staff to refine project requirements, expectations, and schedule, and obtaining pertinent utility plans, street plans, plats, existing easement information, and other features within the project area. B. Phase I Study of Options: Prepare a preliminary report of recommendations for remediation of the site. This report will summarize the steps taken by the design team and the solutions considered for the project. PART II — PRELIMINARY DESIGN 1. Meet with the City to discuss the schematic design report and incorporate comments from the City into preliminary design plans. 2. Prepare preliminary plans: a. Determine options for repairing the street, including the damaged storm sewer connections. Determine options for construction of the retaining wall to protect the existing wall. b. Establish preliminary horizontal and vertical alignment of repairs. c. Prepare cross-sections of proposed erosion protection indicating the general orientation of the improvements with respect to the channel. d. Establish design concepts for repair of areas of poor drainage and erosion. 6/30/2012 WA LIE R P IV 00 R E A-1 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT A— SCOPE OF BASIC SERVICES e. Locate utility crossings, adjacent utilities, and other improvements within a limit of twenty feet beyond the proposed improvement at each site. i. Contact franchise utility companies such as gas, telephone, cable TV, and electricity to obtain record information for horizontal and vertical data for their facilities. Identify which utilities must be protected or relocated. ii. Tie locations of exposed utilities to the local control network. When underground utilities are uncovered, tie locations to the local control network. f. Establish preliminary easement needs including permanent and temporary construction easements. Show all existing easements on the plans. g. Document and photograph current channel conditions and identify potential locations of construction access and staging. 3. Prepare a preliminary opinion of probable cost for the proposed solution. The purpose of the opinion is to confirm that the project is in general accordance with the construction budget. It is not a guarantee of the construction cost. 4. Submit to the City of Coppell two sets of preliminary plan drawings for each erosion control structure site listed above. 5. Meet with the City of Coppell to review and discuss the preliminary plan drawings and engineering comments. 6. Distribute one set of preliminary drawings to local utility companies to obtain information regarding impacts to their facilities. PART HI - FINAL PLANS, SPECIFICATIONS, AND ESTIMATE A. Final Design 1. Meet with the City to discuss the preliminary design submittal and incorporate comments from the City into final design plans. 2. Finalize plan for proposed improvements. 3. Revise preliminary plans and incorporate comments from the City of Coppell. 4. Incorporate comments from the utility companies. If necessary, coordinate with utility companies to locate and uncover utilities which conflict with the proposed erosion control structure. Tie the location of uncovered utilities to the local control network. 5. Incorporate standard details into the plans and prepare additional details as required. 6/30/2012 WALTER P M O O R E A-2 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT A — SCOPE OF BASIC SERVICES B. Prepare final technical specifications for the erosion control structures. C. Revise the quantity estimate and prepare a revised estimate of probable construction cost based on the final design of the project. D. Assist in preparing final bid documents. The City of Coppell will provide standard contract documents for preparation of the project manual. The following information to be supplied by the Engineer shall include: 1 . One copy of the finalized technical specifications. 2. Project specific information for use with the City of Coppell standard construction agreement form, including the notice to contractors, bid proposal and contract bid schedule forms. 3. One set of blackline p ints of final drawings and one electronic set of final drawings for Purchasing. E. Meet with homeowners and/or property owners at prospective construction access locations. Coordinate between owners and City regarding this access and the City's preparation of temporary access and construction easements, if required. Engineer will provide the Contractor and the City of Coppell with site access information and agreement concepts. F. Provide necessary Storm Water Pollution Prevention Concept Plans in accordance with the City of Coppell requirements. G. Assist the City of Coppell staff in distribution of documents for bids. Furnish twenty (20) sets of contract documents for bidding or as directed by the City of Coppell. PART III - CONSTRUCTION ADMINISTRATION A. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. B. Attend the pre-bid conference. C. Attend the bid opening and provide tabulation and analysis of the bids received and furnish recommendations on the award of the contract or the appropriate action to be taken by the City of Coppell. 1. Evaluate the lowest and second lowest bidder. Bid evaluation will include the contractor's: 6/30/2012 WALTER P M O O R E A-3 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT A— SCOPE OF BASIC SERVICES a. Past work history b. Financial resources; c. Physical resources to produce the project. 2. Provide a summary of the bid analysis to the City for use in selection and award of the construction project. D. Assist the City of Coppell staff in conducting one pre-construction conference with the Contractor. E. Assist the City of Coppell in arranging for testing of materials and laboratory control during construction, which is to be conducted at the City's expense. F. Perform two site visits to the site each month (maximum of 6 total visits) to observe the progress and the quality of work and to attempt to determine if the work is proceeding in accordance with the Contract Documents. If the Engineer is requested to visit the site more frequently, the requested visits shall be considered an Additional Service. In performing the services above, the Engineer will endeavor to protect the City of Coppell against defects and deficiencies; however, it is understood that the Engineer does not guarantee the Contractor's performance, nor is the Engineer responsible for supervision of the Contractor's operation and employees. The Engineer shall not be responsible for the acts or omissions of any person at the Project sites or otherwise performing any of the work of the Project. G. Review concrete mix design, samples, catalog data, shop drawings, laboratory tests, shop mill tests of material and test equipment and other submittal information to assure conformity with construction plans. Provide written responses to requests for information or clarification. H. Attend coordination meetings with contractors, inspection personnel, and City representatives. I. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. J. Interpret intent of the drawings and technical specifications for the City of Coppell and the Contractor. Respond to contractor's verbal technical questions. K. Conduct, in company with the City's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents. L. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting the changes in the Project made during construction. The Engineer shall submit one set of "as-builts" to the Engineering 6/30/2012 WALTER P MOOR E A-4 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT A- SCOPE OF BASIC SERVICES Inspector for review and approval. Upon approval, the city shall have the drawings processed in the following quantities and formats: 1. One set of 22" x 34" mylar plans ready for microfilming shall be submitted to the Engineering Department from Design Engineer. 2. Updated digital files of the new construction for use in the City's computerized mapping system. PART IV - ADDITIONAL SERVICES Additional Services to be performed by Engineer, if authorized by the City of Coppell, which are not included in the above-described basic services, are described as follows: A. We do not anticipate the need of any additional easement or right-of-way for the project and no services related to such is included in this scope. B. Performing hydraulic modeling of the stream for any reason; C. Assisting City of Coppell with public meetings or hearings to inform residents; D. Since this project is in a city park adjacent to a city street, we assume there will be no need for easement or right-of-way acquisition for this project; E. Performing title searches and examination of deed records; F. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications; G. Providing full time site inspection during construction of the project; H. Performing designs for trench safety and retaining walls, etc. which are not included in the above Scope of Services; I. Revisions to plans as result of revisions after completion of original final design (unless to correct error on original plans); J. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including preparation of engineering data and reports for assistance to the City of Coppell; K. Assisting the City of Coppell in claims disputes with the Contractor(s); L. Assisting the City of Coppell in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such 6/30/2012 WALTER P M O O R E A-5 CITY OF COPPELL— Creekview Retaining Wall and Roadway Improvements ATTACHMENT A— SCOPE OF BASIC SERVICES services, if any, shall be furnished by Engineer on a fee basis negotiated by the respective parties outside of and in addition to this Agreement; M. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance other than listed in the above Scope of Services, and other assistance required to address environmental issues; N. Any Corps of Engineers work including but not limited to wetlands delineation, meetings with the Corps of Engineers staff, wetlands mitigation, or any other work not listed in the Scope of Services; O. Attending homeowners and/or Council meetings including preparation of all displays, reports, or other data for use at such meetings; P. Preparation of plans and/or specifications related to the relocation of utilities; 0. Fees for permits and advertising; R. Flood plain reclamation plans; S. Consulting services by others not included in proposal; T. Inspection and testing services during construction; U. Preparation and processing monthly or final construction pay estimates; V. Determination of a floodway; W. Preparation of a Request for Letter of Map Revision or Conditional Letter of Map Revision, or any work pertaining to it. 6/30/2012 WALTER P M O O R E A-6 CITY OF COPPELL — Creekview Retaining Wall and Roadway Improvements ATTACHMENT B — SCOPE OF SPECIAL SERVICES A. Field Surveying for Design Phase 1. Establish a local control network and tie into the existing City of Coppell control network on the site. 2. Provide construction control points to be used for construction (a minimum of two per site). Set horizontal and vertical control monuments, with coordinates tied to the Horizontal Control Plan. 3. Tie right-of-way lines and property lines to the sites. 4. Verify horizontal and vertical locations of existing city facilities on the sites. 5. When underground utilities are exposed at the City's request, tie to the local control network. 6. Obtain topographic information including cross-sections of the existing ground features as needed for design. 7. Locate all pertinent creek features for design including top of bank, existing walls and slabs, existing buildings, existing pavements, fences, trees 4" diameter and larger, and utility appurtenances such as water valves, fire hydrants, manholes, etc., (within construction area) on the sites. 8. Contact utility companies to locate and uncover utilities which conflict with the proposed project. Tie uncovered utilities to the local control network. 9. Provide a drawing of the project sites with 1' contours and all located features. B. Geotechnical Engineering: 1. Perform truck-mounted borings at the site with hand-borings as required to determine depths to rock. The engineer will take reasonable precautions to avoid damage to utilities and flatwork at the sites, but will only be responsible for damages at the sites caused by their negligent acts. 2. 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