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CRDC 1402-CN140206Ad, tnp teague nail & perkins AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Woodridge Channel Improvements — Drainage Study and Conceptual Design TNP PROJECT NUMBER: CPL13314 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. Provide a drainage analysis and conceptual design of drainage improvements for approximately 3,000 linear feet of Woodridge Channel. More specifically, the subject stream parallels Sandy Lake Rd. from 750 feet west of MacArthur Blvd. to 2,100 feet east of MacArthur Blvd., where it combines with Denton Creek. The conceptual design will include an evaluation and identification of potential utility conflicts. The project will include preparation of a conceptual design report with drainage analysis, (up to) three proposed design alternatives, cost opinions and recommendations. 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 SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee of $34,400 for BASIC ENGINEERING SERVICES as outlined above. BASIC SERVICES shall be billed monthly based on the percentage of work complete. 2. SPECIAL SERVICES: The CLIENT agrees to pay the CONSULTANT for SPECIAL SERVICES rendered up to $15,400. SPECIAL SERVICES will be billed on the basis of labor and materials for those services described in Attachment 'A' and to the amounts listed in Attachment `C'. 3. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the CONSULTANT which is not specifically included in BASIC SERVICES as defined above or delineated 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, preliminary utility plans, drainage studies and preliminary 1100 Macon Street • Fort Worth, Texas 76102 • 817.336.5773 phone • 817.336.2813 fax TBPE Firm No. 230 www. tno- online. com TBPLS Firm No. 100116 -00 ^tnp league nail & perkins drainage plans; b.) Property research and real property surveying for easements, right -of -ways or plats; 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 BASIC or SPECIAL SERVICES or 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. 4. 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 CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by CONSULTANT. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Accepted by CONS TANT: By: Clay_ Phillips By: Chris Schmitt Title: City Manager. r Title: Principal Date: Q (�r�( �� �-t Date: TBPE Firm No. 230 Page 2 TBPLS Firm No. 100116.00 PROVISIONS 1. 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. 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 cover all 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, subconsultanls, 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. 4s*,*tnp league nail & parkins 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 %% 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 by law. 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 ll, Compensation. 13. SALES TAX In accordance with the Stale 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 required 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 project site safety. 18. CONSTRUCTION MEANS AND METHODS AND JOBSITE SAFETY Means and methods of construction and jobsite safety are the sole responsibility of the contractor. TBPE Firm No. 230 Page 3 TBPLS Firm No. 100116 -00 ATTACHMENT A WOODRIDGE CHANNEL IMPROVMENTS DRAINAGE STUDY AND CONCEPTUAL DESIGN ITEMIZED SCOPE OF SERVICES PROJECT DESCRIPTION This project consists of a drainage analysis and conceptual design of drainage improvements for approximately 3,000 linear feet of Woodridge Channel. More specifically, the subject stream parallels Sandy Lake Rd. from 750 feet west of MacArthur Blvd. to 2,100 feet east of MacArthur Blvd., where it combines with Denton Creek. The conceptual design will include an evaluation and identification of potential utility conflicts. The project will include preparation of a conceptual design report with drainage analysis, (up to) three proposed design alternatives, cost opinions and recommendations. The approximate project area is shown on Attachment 'D'. The scope of Basic Services is described below and generally consists of a hydrologic and hydraulic drainage analysis and preparation of conceptual design report. It is understood that this initial contract is for the development of design concepts, opinions of cost, and potential project phasing only and if the City chooses to move forward with all or part of the design phase the contract will be amended accordingly or a separate contract for final design of the improvements will be negotiated. GENERAL A. Basis for Scope of Services The following assumptions were used by the Engineer for the preparation of the scope of Basic Services and Special Services for this project and the determination of fees. In the event that there are changes to the scope of work, a contract amendment may be necessary to adjust the fees. 1. The project limits are to include an analysis of the drainage area for this section of the channel and drainage system, approximately 313 + /- acres. Analysis of additional drainage areas are excluded from this scope. 2. The project will be analyzed and conceptually designed in accordance with the City of Coppell's current design criteria or as directed by City staff. 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. This agreement does include identification of proposed locations for recommended ROW and /or easements based on design alternatives and general ROW and /or easement limits. B. Design Meetings 1. The Engineer will conduct one (1) project kickoff meeting with City staff to clarify responsibilities, coordinate the project schedule, and identify information needed from the City. WOODRIDGE CHANNEL IMPROVEMENTS — DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT A — Page 4 2. The Engineer will conduct up to two (2) meetings with City staff during the conceptual drainage analysis phase. The purpose of these meetings will be to discuss the existing drainage analysis and define the recommended alternatives to analyze for proposed improvements. 3. The Engineer will conduct one (1) submittal meeting to present the report findings, alternative options and recommendations for the project improvements. A. The Engineer will prepare meeting minutes documenting the discussions from each meeting. C. Project Management, Administration and Coordination 1. The Engineer will coordinate directly with the City appointed Project Manager regarding all project components including analysis, design, recommendations and report preparation. D. Data Collection The Engineer will collect, compile, and evaluate available data from the City or other entities that provide existing information related to the design of the project. 2. Conduct and document site observations and include photographs, descriptions and a key map of photograph locations within the conceptual design report. 3. 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. 4. Obtain topographic maps, subdivision plats and other available mapping information. 5. Research and /or obtain existing "as- built" plans and proposed future plans (as identified by the City) for water, sewer, streets, storm drainage, and underground utilities within the project area. 6. 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. Right -of -way and easement information shown on conceptual design shall be approximate. CONCEPTUAL IMPROVEMENTS ANALYSIS PHASE The Engineer will prepare an existing conditions analysis and a proposed analysis for a maximum of three improvement alternatives. The specific tasks to be performed during this phase of the project include the following. A. Existing Conditions Analysis 1. Prepare a drainage area map of the drainage area (approximately 313 acres) that contributes flow to the subject reach of channel. The drainage area will be delineated based on City - provided aerial topography, storm drainage plans, and visual observations. WOODRIDGE CHANNEL IMPROVEMENTS — DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT A — Page 5 2. Develop concept level hydraulic evaluations of existing channel capacity using normal depth and /or culvert computations. A detailed backwater model of the entire project reach of stream is not anticipated or included in this scope of work. Proposed Alternatives Analysis 1. Prepare maximum of three drainage alternatives for improvements to the existing channel and /or enclosure of the entire system underground. 2. Identify potential right -of -way and or easement acquisition needs for the three design alternatives. 3. Meet with City staff to review the drainage alternatives, potential challenges and benefits. City will review and approve the alternatives prior to continuing forward with the conceptual design. A. Prepare exhibits showing a conceptual layout of each improvement alternative to graphically depict the location of anticipated drainage improvements and potential utility conflicts. 5. Prepare up to three (3) graphic renderings of the project area indicating the pre and post installation renderings for use in public meetings /presentations. A rendering shall be counted as separate from the others if it shows a new location, has a different development scenario, or shows a different perspective of the same location. 6. Prepare a conceptual opinion of probable cost for each alternative. REPORT PREPARATION The Engineer shall prepare and submit a preliminary draft of the conceptual design report for review and approval by the City. The report will include an executive summary, findings from the existing conditions analysis, improvement alternative analyses, environmental impacts, and recommendations for moving forward into plan preparation and construction. The report will be brief in nature, but will include appendices with cost opinions for the alternatives, and supporting maps and exhibits. Following the submittal meeting with the City and any subsequent review comments from the City, the Engineer shall prepare and submit the final draft of the conceptual design report. DELIVERABLES 1. The Engineer shall submit four bound (4) copies of the preliminary report including a CD with a PDF copy of the report for review and approval. 2. The Engineer shall submit four bound (4) copies of the final report including a CD with a PDF copy of the report. 3. Three (3) graphic renderings of project area indicating pre /post improvements. WOODRIDGE CHANNEL IMPROVEMENTS - DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT A - Page 6 SPECIAL SERVICES TO BE PROVIDED BY ENGINEER Special Services that are to be provided by the Engineer for this Project include environmental permit assessment, additional meeting support and /or attendance, and miscellaneous surveying needed to verify the validity of improvement alternatives. The scope of work for these Special Services is more specifically described as follows: A. ENVIRONMENTAL PERMIT ASSESSMENT 1. Delineate jurisdictional waters of the United States in accordance with Section 404 of the Clean Water Act. 2. Evaluate Section 404 permitting options associated with each improvement alternative and summarize in the report. This will include approximate costs associated with anticipated mitigation, as applicable. Note: Channelization projects are currently experiencing elevated scrutiny by the U.S. Army Corp. of Engineers (USACE), which could result in more significant mitigation impacts for this project. B. ADDITIONAL MEETING SUPPORT /ATTENDNANCE (BUDGET) 1. Engineer will support and assist the City with meetings (Council, Park Board, public meetings, etc...) beyond the scope of basic services. Engineer will attend meetings at the request of the City. This task shall be billed on an hourly basis, only as needed and at the direction of the City. Additional effort beyond the budget provided in Attachment `C' can be provided at the City's request, and with an amendment to the contract. C. MISCELLANEOUS SURVEY /SUE (BUDGET) 1. Engineer will perform survey /SUE services on an as needed basis to confirm the viability of potential improvement alternatives. Potential items anticipated for this task include the size and /or location of existing utilities, property boundaries, or monument trees. This task is intended for any survey related effort, either field work or otherwise, necessary to identify potential conflicts between improvement alternatives and the location of existing features. ITEMS TO BE PROVIDED BY CITY TO THE ENGINEER The City or the City's designee will provide or make available to, or assist the Engineer in obtaining the following services, information and materials upon request: 1. Available past studies, correspondence, materials and mapping relative to the project. 2. Electronic topography from the City of Coppell GIS for use in preparation of off -site drainage area maps. 3. Assistance in obtaining data from third party sources which is available to the City at no cost to the Engineer. A. Executed Right of Entry documents for surveying and evaluation of drainage patterns. WOODRIDGE CHANNEL IMPROVEMENTS — DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT A — Page 7 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 Engineer and City 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. Detailed design of any kind; F. Consulting services by others not included in proposal; G. Traffic engineering report or study; H. Comprehensive field survey of topography or existing features; I. SUE services; J. Landscape architecture services; or K. Surveying or boundary services other than those listed in the Special Service. WOODRIDGE CHANNEL IMPROVEMENTS — DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT A — Page 8 ATTACHMENT B SCHEDULE The Engineer 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 Engineer'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 02/01/2014 Submit Preliminary Report 03/07/2014 Submit Final Report Within 21 days of receiving the City's comments to the preliminary draft of the conceptual design report. WOODRIDGE CHANNEL IMPROVEMENTS — DRAINAGE STUDY AND CONCEPTUAL DESIGN ATTACHMENT B — Page 9 ATTACHMENT C COMPENSATION The following is a summary of the estimated charges for the various elements of the proposed services: BASIC SERVICES Drainage Study and Concept Improvements $34,400 SPECIAL SERVICES 1. Environmental Permit Assessment $4,400 2. Additional Meeting Support /Attendance (Budget)* $5,000 3. Miscellaneous Survey (Budget)* $6,000 TOTAL BASIC + SPECIAL SERVICES $49,800 * Services that will be provided on an hourly basis as needed and as approved by the City. These budgets represent an estimated cost for anticipated labor and materials. 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