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CRDC 1402-CN140718tnp teague nall & perkins AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Woodridge Channel Improvements TNP PROJECT NUMBER: CPL14136 CLIENT: City of Coppell ADDRESS: 265 Parkway Blvd., Coppell, TX 75019 The City of Coppell (the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (the CONSULTANT) to perform the following services: Article I SCOPE: This project is to design and prepare plans for storm drain, trail, landscape planting and irrigation plans for the portion of Woodridge Channel immediately to the west of MacArthur Blvd. and parallel to Sandy Lake Rd. (approx.. 750 LF). More specifically, the storm drain improvements include enclosing the channel in an underground storm drain structure. The project also includes designing park improvements and landscaping to the west of MacArthur Blvd. along and over the enclosed portion of channel. In addition to design of the above facilities, this scope includes the design survey, preparation of the project specifications, bid support, environmental permitting, and construction administration. The approximate project area is shown on Attachment `D'. An itemized scope of services is provided as Attachment `A' and is made a part hereto. Article II COMPENSATION to be on a basis of the following: BASIC AND SPECIAL SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee of $151,000 for BASIC AND SPECIAL ENGINEERING SERVICES as outlined in Attachment 'A'. BASIC AND SPECIAL SERVICES shall be billed monthly based on the percentage of work complete. 2. ADDITIONAL SERVICES: The CLIENT agrees to pay the CONSULTANT up to $32,500 for the ADDITIONAL SERVICES outlined in Attachment 'A'. These services shall be billed on the basis of time and expense. ADDITIONAL SERVICES shall also be any service provided by the CONSULTANT which is not described as BASIC OR SPECIAL SERVICES in Attachment 'A'. ADDITIONAL SERVICES shall include, but shall not be limited to: a.) Land planning, lot layout and configuration, preliminary plat preparation, final plat preparation, zoning applications, zoning exhibits, utility plans, and drainage studies; b.) Property research and real property surveying for easements, right -of -ways or plats; 1100 Macon Street • Fort Worth, Texas 76102 . 817.336.5773 phone • 817.336.2813 fax TBPE Firm No. 230 www.tnD-ontine.com TBPLS Firm No. 100116 -00 �! tnp league nail & perkins c.) Preparation of real property transfer documents, exhibits or plats; d.) Participation in real property acquisition; e.) Trips and meetings beyond a 100 mile radius of Fort Worth f.) Subcontract charges not described in Attachment `A'; g.) Construction staking; and /or h.) Resident construction observation. ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNP standard rates for items provided in- house, or direct expenses times a multiplier of 1.10 for non - labor, subcontract or mileage items. 3. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: Engineering work on this project shall be completed according to Attachment `B': Article IV COMPENSATION: A fee schedule for each Task item is included in Attachment `C': Article V CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files as notice to proceed. No work shall commence o received by CONSULTANT. By signing below, the binding contracts for the CLIENT. Approved by CLIENT: By: Clay Phillips Title: City danager Date: t 7 hq Iq . Receipt of an executed copy of this contract will serve n the project until an executed copy of this contract is signer warrants that he or she is authorized to execute Accepted by CONSULTANT: By: Chris Schmitt, P.E. Title: Principal Date: TBPE Firm No. 230 Page 2 TBPLS Firm No. 100116 -00 By: Greg Garcia By: Title: CRDC President Title: Date: Date: TBPE Firm No. 230 TBPLS Firm No. 100116 -00 Ed Guignon CRDC Secretary tnp Peague nail $ perkins Page 3 ff" R O MION S AUTHORIZATION TO PROCEED Signing this agreement shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to coverall payroll - related taxes, payments, premiums, and benefits. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT's Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when Its, or its employee's, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these expenses shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. 5. OPINION OF PROBABLE COST In providing opinions of probable cost, the CLIENT understands that TNP, Inc. has no control over costs or the price of labor, equipment, or materials, or over the Contractor's method of pricing, and that the opinions of probable cost provided to CLIENT are to be made on the basis of the design professional's qualifications and experience. TNP, Inc. makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 10 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. The CLIENT and the CONSULTANT further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants retained also to include a similar mediation provision in all agreements with subcontractors, subconsuitants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. TBPE Firm No. 230 TBPLS Firm No. 100116 -00 t n p 4eague null F perlcins 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. If payment is not received within 30 days of invoice date, all work on CLIENT's project shall cease and all work products and documents shall be withheld until payment is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENT's failure to render payment within 30 days of invoice date. Interest at the rate of 1%01. per month will be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted bylaw. 11. LIMITATION OF LIABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services not specified as Basic Services in Scope and Attachment 'A' will be provided by TNP, Inc. as Additional Services when required. The CLIENT agrees upon execution of this contract that no additional authorization is required, Additional services will be paid for by CLIENT as indicated in Article II, Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the fee set forth and will be added on and collected when requlred by state law. Sales tax at the applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC -230, Austin, Texas 78753, (512) 239 -5263. 15. LANDSCAPE ARCHITECT SERVICES The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The CLIENT is informed that any complaints about landscape architecture services be forwarded to the Texas Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2 -350, Austin, Texas 78701, Telephone (512) 305 -9000, Fax (512) 305 -8900. 16 INVALIDITY CLAUSE In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be Impaired thereby. 17. PROJECT SITE SAFETY TNP, Inc, has no duty or responsibility for projectsite safety. 18. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. 19. DRAINAGE CLAUSE The parties to this Agreement recognize that the development of real property has the potential to increase water runoff on downstream properties, and that such increase in runoff increases the possibility of water damage to downstream properties. The CLIENT agrees to indemnify and hold the ENGINEER harmless from any and all claims and damages arising, directly or indirectly, from water or drainage damage to downstream properties resulting from the development and construction of the Project. CLIENT shall not be required to reimburse ENGINEER for any claims or expenses arising out of the Project if it is determined by a court of competent jurisdiction that ENGINEER was negligent in the performance of its duties and obligations, and that ENGINEER's negligence was the direct cause of damage to a property downstream of the Project. Page 4 ATTACHMENT A WOODRIDGE CHANNEL IMPROVMENTS ITEMIZED SCOPE OF SERVICES PROJECT DESCRIPTION This project is to design and prepare plans for storm drain, trail, landscape planting and irrigation plans for the portion of Woodridge Channel immediately to the west of MacArthur Blvd. and parallel to Sandy Lake Rd. (approx.. 750 LF). More specifically, the storm drain improvements include enclosing the channel in an underground storm drain structure. The project also includes designing park improvements and landscaping to the west of MacArthur Blvd. along and over the enclosed portion of channel. In addition to design of the above facilities, this scope includes the design survey, preparation of the project specifications, bid support, environmental permitting, and construction administration. The approximate project area is shown on Attachment `D'. The scope of Basic Services is described below. GENERAL A. Basis for Scope of Services The following assumptions were used by the CONSULTANT for the preparation of the scope of Basic Services and Special Services for this project and the determination of fees. Additionally, this project is based on recommendations in the "Woodridge Channel Improvements Concept Study, April 2014" (Concept Study). In the event that there are changes to the scope of work, a contract amendment may be necessary to adjust the fees. Hydrologic data prepared as part of the Concept Study will be used for design of the channel improvements. Additional hydrology will be performed only to account for local drainage areas that will tie into the proposed system. 2. The project will be analyzed and designed in accordance with the City of Coppell's current design criteria or as directed in writing by the CLIENT. This agreement is based on design in accordance with City standards, and review by City of Coppell staff only. In the event that outside funding, or other considerations, requires design in accordance with other standards, or review by other entities, the fee will be renegotiated accordingly. 3. Right -of -way (ROW) and easement determinations, document preparation, negotiations or acquisition are not part of the scope of this agreement. ROW and /or easements will be identified as needed, but based on the Concept Study none are anticipated. 4. In lieu of a defined scope for portions east of MacArthur Blvd., a budget is included as additional services to allow for a limited amount of survey and /or design of miscellaneous channel enhancement/landscape improvements downstream (east) of MacArthur Blvd. WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page 1 B. Design Meetings 1. The CONSULTANT will conduct one (1) project kickoff meeting with CLIENT to clarify responsibilities, coordinate the project schedule, and identify information needed from the City. 2. The CONSULTANT will conduct up to three (3) meetings with CLIENT to coordinate the selected alternative, preliminary design, and final design phases of work. The purpose of these meetings will be to identify and discuss key design elements to ensure the CLIENT's goals and requirements for the project are met. 3. The CONSULTANT will attend one (1) pre -bid meeting and one (1) pre - construction meeting as part of the bid services and construction phase services. 4. The CONSULTANT will prepare meeting minutes documenting the discussions from each meeting. C. Project Management, Administration and Coordination 1. The CONSULTANT will coordinate directly with the CLIENT appointed Project Manager regarding all project components including analysis, design, recommendations, and plans and specifications. D. Data Collection 1. The CONSULTANT will collect, compile, and evaluate available data from the CLIENT or other entities that provide existing information related to the design of the project. Data obtained for the Concept Study will be used where applicable. 2. Obtain and review the current City Drainage Master Plan, existing City storm drain hydraulic analysis for the project area and existing storm drain, and other previous storm drain record drawings and /or analysis for the project area. 3. Obtain topographic maps, subdivision plats and other available mapping information. 4. Research and /or obtain existing "as- built" plans and proposed future plans (as identified by the CLIENT) for water, sewer, streets, storm drainage, and underground utilities within the project area. 5. Obtain existing ownership data and research existing plats to assist in identifying the general limits of easements and right -of -ways on properties adjacent to the project area. BASIC SERVICES TASK 1 — ANALYSIS AND DESIGN WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page 2 Using the peak discharges from the Concept Study, CONSULTANT will prepare an existing conditions HEC -RAS model for Woodridge Channel from MacArthur Blvd. to the upstream project limit (See Attachment 'D'). This model will serve as the basis for comparing the hydraulic impact of the project on adjacent properties. 2. Coordinate with CLIENT to select one of the channel enclosure options identified in the Concept Study (west of MacArthur Blvd.), as well as desired landscaping, irrigation, and park improvements for the entire project limits. 3. CONSULTANT will prepare a preliminary design for the project including horizontal and vertical alignments (where applicable) for storm drain improvements, trail improvements, and plantings. CONSULTANT will facilitate a coordination meeting with CLIENT to review preliminary design before proceeding to the final design phase. 4. CONSULTANT will address CLIENT's preliminary design review comments and prepare a final design for the project, including all improvements, general notes, and standard and special details required. CONSULTANT will facilitate a coordination meeting following the design. 5. CONSULTANT will prepare structural design computations and details for a large storm drain transition structure to transition the proposed storm drain system to the existing box culverts under MacArthur Blvd. This design also includes a concrete drop structure /transition at the upstream end of storm drain, headwalls and wing walls, and other park features that may require structural components. [Note: This scope item specifically pertains to improvements west of MacArthur Blvd]. 6. CONSULTANT will address CLIENT's final design review comments and prepare construction documents and specifications necessary to bid the project. 7. CONSULTANT will perform internal QA/QC reviews at each phase of the project (kickoff, preliminary, and final) to help ensure a quality product is delivered. TASK 2 — SURVEY AND GEOTECHNICAL 1. CONSULTANT will establish horizontal and vertical control for the project in accordance with CLIENT standards. 2. CONSULTANT will perform design topo survey for the project area including the channel right -of -way and a 20' buffer on all sides. This scope item specifically pertains to area west of and including MacArthur Blvd. 3. CONSULTANT will perform a geotechnical evaluation and associated structural recommendations in the form of a bound report. Two test holes (boring's) are included to a depth of 30 feet. TASK 3 — CONSTRUCTION PHASE SERVICES WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page 3 CONSULTANT will attend one (1) pre -bid meeting and assist the CLIENT in conveying the intent of the project to prospective bidders. 2. CONSULTANT will assist the CLIENT in addressing and answering bidder questions throughout the bid phase. This includes preparing design modifications or clarifications, and issuing addenda as needed. 3. CONSULTANT will perform up to eight (8) non - resident construction site visits throughout the construction phase as deemed appropriate by the CONSULTANT, or when requested by the CLIENT. The purpose is to help ensure the intent of the project is met, particularly for the structural and more visible components. [Note: Project inspection and materials testing services are not included but can be provided as additional services upon request]. 4. CONSULTANT will respond to contractor Requests for Information (RFI's), prepare design modifications, and process pay requests as needed. 5. Upon receiving plan markups (red lines) reflecting as -built conditions for the project, CONSULTANT will prepare Record Documents and submit to CLIENT. Record Documents will be provided in the form of a PDF and GIS shapefiles for applicable linework representing new infrastructure. SPECIAL SERVICES TASK 4 — LANDSCAPE AND PARK IMPROVEMENTS 1. CONSULTANT will prepare trail layout, planting, and irrigation plans for the proposed park area west of MacArthur Blvd. This includes park furnishings and amenities. Preliminary and final designs will be prepared and included with the review submittals for the drainage improvement plans. A public art feature will be sited on the plans. 2. CONSULTANT will coordinate with the CLIENT and /or its representatives specifically tasked with selecting the public art feature /s. This task does not include the actual design of the public art feature. 3. The plantings plan will comply with the CLIENT's landscape code and be consistent with Coppell Streetscape Guidelines. It is anticipated that proposed plantings will not be located directly over the enclosed channel structure. 4. The irrigation plan design will be specific to the plantings plan, and will comply with current City and Sate codes. TASK 5 — ENVIRONMENTAL PERMITTING 1. Using the jurisdictional waters of the United States delineation (Clean Water Act, Section 404) from the Concept Study, CONSULTANT will prepare and coordinate a nationwide permit from the U.S. Army Corp. of Engineers (USACE). WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page A 2. It is anticipated that the proposed project can be constructed under a Nationwide Permit 42 (NWP 42), but will require extensive compensatory mitigation. This scope assumes either option 1 or 2 from the Concept Study will be constructed. Any improvements east of MacArthur Blvd. may require additional permitting effort, which can be provided as additional services. ADDITIONAL SERVICES TASK 6 — CON /SPAN STRUCTURAL DESIGN (ADDITIONAL SERVICE WITH $7,500 BUDGET) 1. CONSULTANT will provide additional structural design services associated with foundations and appurtenant features for the Con /Span bridge enclosure, including coordination with the manufacturer. This task applies to option 2 of the Concept Study, and will only be utilized if Con /Span is selected for the project. 2. CONSULTANT will provide additional construction administration services associated with Con /Span bridge enclosure. This item includes up to four (4) additional site visits to observe drilled piers and foundation footing's during construction. TASK 7 — MISCELLANEOUS CHANNEL SURVEY /DESIGN (ADDITIONAL SERVICE WITH $25,000 BUDGET) 1. CONSULTANT will provide additional survey and /or design for minor treatments and /or improvements to all or part of the 2,200 foot channel east of MacArthur Blvd. This is a budget item and will only be used upon prior approval from the CLIENT. The exact scope and fee to be utilized will be determined and agreed upon in writing prior to beginning any work. DELIVERABLES The CONSULTANT shall submit four (4) sets of the plans for preliminary review. 2. CONSULTANT shall submit four (4) sets of plans and two (2) specification books for final review. 3. Upon approval, bid documents will be provided in digital format to be posted by the CLIENT's purchasing department for bidding. 4. CONSULTANT shall submit a PDF version of Record Drawings and GIS shapefiles of applicable linework which represents new infrastructure. WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page 5 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 CLIENT may mutually agree upon a scope /fee amendment to facilitate the tasks: A. Providing an on -site representative; B. FEMA mapping and /or coordination of any kind; C. Floodplain reclamation plans; D. Services in connection with condemnation hearings; E. Consulting services by others not included in proposal; F. Traffic engineering report or study; WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT A — Page 6 AT T AGHMENT B SCHEDULE The CONSULTANT will endeavor to accomplish the work in accordance with the schedule outlined below, with the understanding that the primary objective of all involved in this project is to produce and provide a quality and complete design. It is understood that CONSULTANT's ability to perform the scope of service is dependent upon timely receipt of information and data, as well as other requested materials as may be needed to complete the work. Adjustments in schedule may be required should information or data become delayed or not provided in a timely manner. Notice to proceed Kickoff Meeting Survey Preliminary Design Environmental Permit (Submit) Preliminary Review Comments Final Design Final Review Comments Bid Documents Environmental Permit (Approval) Advertise in first quarter of 2015. 07/30/2014 08/13/2014 08/29/2014 11/05/2014 11/19/2014 11/19/2014 01/14/2015 (8 weeks after comments) 01/28/2015 02/18/2015 (3 weeks after comments) FEB 2015 WOODRIDGE CHANNEL IMPROVEMENTS ATTACHMENT B — Page 7 ATTACHMENT C COMPENSATION The following is a summary of the estimated charges for the various elements of the proposed services: BASIC SERVICES Task 1 Analysis and Design $83,000 Task 2 Survey $15,800 Task 3 Construction Phase Services $21,000 SPECIAL SERVICES Task 4 Landscape and Park Design $15,000 Task 5 Environmental Permit $16,200 TOTAL BASIC + SPECIAL SERVICES $151,000 ADDITIONAL SERVICES Task 6 Con /Span Structural Design (Budget)* $7,500 Task 7 Miscellaneous Channel Survey /Design (Budget)* $25,000 TOTAL ADDITIONAL SERVICES $32,500 * Services that will be provided on an hourly basis as needed and as approved by the City. 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