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ST0003-CN000915 3131 McKinney Avenue, Suite 600 DALLAS, TEXAS 75204 5'T" OO (~..~ (214) 871-3311 Fax: {214) 871-0757 TO: City of Coppell DATE: 9/15/2000 JOB NO.: A'I-rENTION: Kenneth Griffin, P.E. Dept. of Engineering & Public Works RE: Coppell Road P.O. Box 748 Coppell, Texas 75019 WE ARE SENDING YOU ~ Attached ~ Under separate cover via Mail the following items: [~ Shop drawings [----] Prints ~ Plans ~ Specifications [-~ Copy of letter ~ Change Order [~ Contract COPIES DATE NO. DESCRIPTION 2 Contract & Scope of Work THESE ARE TRANSMITTED as checked below: r---] For approval ~ Approved as submitted [~] Resubmit copies for approval ~ For your use [~] Approved as noted ~ Submit copies for distribution ~ As requested ~ Returned for corrections [~[ Return ~ corrected prints ~--~ For Review and comment [~ [~ FOR BIDS DUE 19 ~-~ PRINTS RETURNED AFTER LOAN TO US REMARKS After you have a chance to review, Aubrey and I will be glad to discuss this with-you. We look forward to working with you on this project. Give us a call if you have any questions. COPY TO: SIGNED: Kenneth Roberts, P.E. If enclosures are not as noted, kindly notify us at once Document3 CITY OF COPPELL x ~ ] O CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY TI-IF~SE PRESENTS CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the day of ,2000, by and between the City of Coppell acting by and through the Mayor with approval of the City Council hereinafter referred to as "City", and Huitt-Zollars, 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 Reconstruction of Coppell Road from Bethel Road to Sandy Lake Road, 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, Attachmem A, and Additional Services, Attachmem 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 inslxuctions 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 dollars ($ ) 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 shall 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 dollars ($ ) 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 dollars ($ ) : 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. En~neer'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 En~neer. 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 En~neer 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 nun 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 Page 4 this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in thc 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 parmership, 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 final 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 Page 5 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 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 role 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 Page 6 on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the fmal Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer agrees that all Services provided by Engineer in the performance of this Contract shah 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 documems 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 employmem 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 Page 7 to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 8 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Kenneth M. Griffin, P.E. Director of Engineering / Public Works P.O. Box 748 Coppell, Texas 75019 Engineer: Huitt-Zollars, Inc. Aubrey C. Adcock, Jr. P.E., Senior Vice Presidem 3131 McKinney Avenue, Suite 600 Dallas, Texas 75204 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presems to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER: Huitt-Zollars, Inc. BY: BY: Mayor Name & Title Date: Date: ATTEST: ATTEST: (CORPORATE SEAL) Page 9 ATTACHMENT "A" BASIC SERVICES The Engineer agrees to render services necessary for the development and completion the Coppell Road Reconstruction Project as outlined herein. The Basic Services, Parts I & II, to be performed by Engineer under this Contract include the following: Project Def'mition This project consists of the preparation of surveys, reports, construction plans & details, specifications and bidding documents for the reconstruction of Coppell Road from Bethel Road to Sandy Lake Road. The Coppell Road reconstruction involves the replacement of approximately 5,400 linear feet of a 2-lane asphalt roadway with a 2-1ane, minimum 33 fi. wide undivided reinforced concrete street; the addition of sidewalks on both sides of the road; the construction of an improved storm drainage system; and the introduction of landscape/streetscape elements in the historic district of Coppell at the south end of Coppell Road. For this proposal, it is assumed that the design will be divided into two phases: a North Phase from Cooper Lane north to Sandy Lake Road and a South Phase from Cooper Lane south to Bethel Road through the historic district. Basic Services will include field survey work for the design and right-of-way establishmem; geotechnical, environmental and hydraulic investigations; production of right-of-way, easement, construction and bidding documents; limited construction phase services; and coordination with the City of Coppell, design consultants, the franchised utility companies, and other applicable agencies. BASIC SERVICES - PART I Detailed Scope of Basic Services - Part I Basic Services - Part I will consist of five phases as follows: · Schematic Design · Preliminary Design · Final Design · Project Bidding · Construction Page 10 A. Schematic Design 1. Consult with the City to clarify and define the City's requirements for the project. 2. Perform records research in an effort to determine the size, type, location and description of existing public and franchise utility lines and right-of- ways / easements. 3. Review "As-Built" plans and other pertinent data in the vicinity of the roadways. 4. Coordinate with design consultants for Sandy Lake Road and Bethel Road to review intersection connections. 5. Site visit to identify and photograph physical elements that will affect the design process. 6. Attend public meetings (maximum of 3 public meetings included in Basic Services) called by the City to discuss the project with the citizens of Coppell. Evaluate input from meetings with the City. 7. Prepare analysis and evaluation of prospective solutions. Items to be studied will include alignment, grades, drainage, water, right-of-way and easement requirements. Additionally, for the South Phase in the historic district, special pavement and bridge enhancements, lighting and streetscape elements will be evaluated. 8. Prepare a schematic design. The design will include schematic layouts, conceptual engineering design criteria, various alternative solutions where applicable, right-of-way & easement needs for the project to allow the City to select the options for design before proceeding with the preliminary design. Additionally, for the South Phase in the historic district, develop prototypical landscape / streetscape architectural renderings for presentation to the City and Historic Commission. 9. Submit 2 copies of the schematic design to the City for review, comment and approval. B. Preliminary Design 1. Meet with the City to review approved schematic concepts prior to proceeding with the production of preliminary documents. Page 11 2. Set final roadway alignment and street sections. 3. Set roadway grades. All paving design will be limited to within 100 feet of the proposed right-of-way. 4. Develop drainage area map and runoff calculations. Drainage design criteria will be based on full land use development in accordance with the City's adopted plan. 5. Develop preliminary stormwater design. All drainage design will be limited to within 100 feet of the proposed right-of-way. 6. Develop preliminary bridge/culvert design over Tributary G-1 of Grapevine Creek near Bethel Road in the historic district. 7. Develop preliminary plans for the traffic signal modifications at the intersection of Coppell Road and Bethel Road. 8. Develop preliminary landscape and streetscape plans for the historic district. 9. Develop preliminary roadway cross-sections. 10. Use preliminary designs to determine effects on private property. 11. Develop preliminary construction sequencing plans. 12. Determine right-of-way and easement needs. 13. Develop preliminary bidding and contract documents. It is assumed that two sets of documents will be prepared, one set for each phase. The bid schedule will also include a description of bid items to clarify what is included with each bid item. 14. Prepare an opinion of probable construction costs utilizing the preliminary design. 15. Submit 1 set of preliminary plans to the franchised utility companies for utility coordination. Meet with utility companies as needed to discuss the proposed improvements and any easement requirements they may have. 17. Submit 2 sets of preliminary plans and bidding documents to the City for review, comment and approval. Page 12 C. Final Design 1. Meet with the City to receive review comments on the preliminary design prior to proceeding with the production of fmal documents. 2. Prepare final construction plans on 22" x 34" sheets with a scale of 1" = 20' horizontal and 1" = 5' vertical, except as noted, for the following: a. Cover Sheet b. Quantity Summary Sheets c. Construction Sequencing (Scale: 1" = 40') d. Typical Paving Sections and General Notes e. Paving Plans / Profiles and Details (Additional sheets will be added for phasing of the construction, North and South.) f. Drainage Area Map and Calculation Sheets (Scale: 1" = 100') g. Stormwater Plans / Profiles and Details h. Pollution Control Plans and Details (Scale: 1 ~' = 40') i. Bridge Plans and Details (Scales vary) j. Signalization Plans and Details (Scales vary) k. Landscape and Streetscape Plans and Details (Scales vary) 1. Roadway Cross-Sections (Scale: 1" = 20' H, 1" = 4" V) 2. Prepare final Bidding and Contract Documents for each phase of construction, North and South. 3. Prepare final Opinion of Probable Construction Costs for each phase of construction, North and South. 4. Submit two sets of final plans to the City for approval. 5. Complete final plans to reflect fmal review comments. Page 13 6. Submit 1 set of final plans to the franchised utility companies for final utility coordination. 7. Submit 1 set of plans to the Texas DeparUnent of Licensing and Regulation for review and approval of the pedestrian related elements of the project. City to reimburse Engineer for review fee. D. Project Bidding (Each of the following tasks will be performed for each of the two phases of construction, North and South) 1. Assist the City in preparing the advertisemem for bids. 2. Prepare 20 copies of the final plans, specifications and bid documents for distribution by the City to plan houses and potential bidders. 3. Attend pre-bid conference. 4. Answer bidder questions and prepare necessary addenda. 5. Tabulate bids. 6. Evaluate bids and make a recommendation to the City for the award of a construction contract. E. Construction (Each of the following tasks will be performed for each of the two phases of construction, North and South) 1. Assist the City in conducting a pre-construction conference. 2. Provide 6 full-size (22"x34") & 6 half-size (ll"x17") sets of plans and contract documents for use by the City during construction. Provide 6 full- size (22"x34") sets of plans and contract documents for use by the Contractor during construction. 3. Visit the project site once every two weeks to observe the progress of construction. One of the visits each month will also include a project meeting with the City's inspector and the Contractor. The Engineer will prepare a written report after each meeting. 4. Review submittals and shop drawings required of the Contractor by the contract documents. Page 14 5. Answer questions from the Contractor submitted through the City during construction. 6. Provide cursory reviews of Contractor's pay estimates after the City and Contractor have agreed on the completed work for the pay period. 7. Participate with the City and Contractor in conducting a final walk through and compilation of a "punch list" detailing items to be completed by the Contractor to complete the project. 8. Upon completion of the Work, the Engineer shall compile for and deliver to the City a reproducible set of Record Documents based upon the marked-up record construction drawings, addenda, change orders and other data furnished by the Contractor. These Record Documents will show significant changes made during construction. Because these Record Documents are based on unverified information provided by other parties, which the Engineer shall assume will be reliable; the Engineer cannot and does not warrant their accuracy. The Record Documents will contain the following warning: "These Record Documents have been prepared based on information provided by others. The Engineer has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions that may be incorporated as a result of erroneous information provided by others." Provide the City with one set of mylars of the record documents. F. Services Not Included 1. Trench excavation safety plan. 2. Detailed traffic control and detouring plans in accordance with MUTCD. 3. Storm Water Pollution Prevention Plan. BASIC SERVICES - PART H Detailed Scope of Basic Services - Part II Basic Services - Part II will consist of seven phases as follows: Right-of-Way Surveying Topographic Surveying Page 15 · Pre-Construction Surveying · Hydrologic / Hydraulic Analysis & FEMA Map Revisions / · Environmental Investigation · Geotechnical Investiggtion · Reimbursable Expenses A. Right-o f-Way Surveying 1. Horizontal and vertical control will be established and tied to available City control and the control that will be established for the Sandy Lake Road and Bethel Road projects. Two permanent control points will be set along Coppell Road for future reference. 2. Record research at the County to determine ownership and existence of easements and right-of-way on the properties affected by the proposed roadway. 3. Perform field surveys to locate existing rights-of-way, property lines, boundary corners and easements for all parcels affected by the proposed roadways. Review of County information and field data to establish the existing right-of-way for the roadway. 4. A Registered Professional Land Surveyor will prepare individual parcel exhibits and legal descriptions to delineate the areas proposed for right-of- way dedications and easements. The parcel exhibits and legal descriptions will be suitable for inclusion in right-of-way and/or easement deeds to be prepared by the City. This task allows for the preparation of 25 land descriptions and exhibit maps. 5. Set property corners on all new right-of-way and/or easement parcels that will be acquired by the City. 6. Restake property and easement corners at the conclusion of construction. B. Topographic Surveying 1. Perform field topographic surveys to compile sufficient data for design. Cross-sections will be taken at 50 ft. intervals, 120 ft. wide maximum width Page 16 and include all driveways, lead sidewalks and cross streets. Produce a topographic map with a one-foot contour interval suitable for civil design. 2. Obtain field data on existing franchised utilities above ground and as located and uncovered by the owners of the utilities. 3. Obtain field data on existing City water mains, wastewater lines, storm sewer mains, traffic signals and streetlights. 4. Tie-in and identify all trees, shrubs, landscaped areas, sprinkler heads, irrigation controls and valves, mailboxes, walls, signs and other features that are within the area to be surveyed. 5. Survey wetland areas identified and located by others and include information on the topographic survey. C. Pre-Construction Surveying 1. A Registered Professional Land Surveyor will prepare a Horizontal and Vertical Control Plan to be used by the Contractor during construction. 2. Provide horizontal construction control to be used by the Contractor during construction by staking the proposed roadway centerline at 500-ft. intervals and including P.C. 's, P.T.'s, P.I.'s and street intersections. 3. Provide vertical construction control to be used by the Contractor during construction by establishing three temporary benchmarks for the project tied to the previously established control network. Surveying services not included in the surveying scope of work are as follows: 1. Daily construction staking for the Contractor throughout the duration of the comtmction contract. 2. Restaking of horizontal and vertical control knocked out during construction. 3. Surveying to determine final quantities to be used in the final pay estimate. Page 17 D. Hydrologic / Hydraulic Analysis & FEMA Map Revisions 1. Obtain a copy of the effective HEC-2 floodplain model for Tributary G-1 of Grapevine Creek from the City for the existing and ultimate watershed conditions. 2. Obtain four additional field surveyed cross-sections to insert into the existing models to model the proposed bridge/culvert improvements. 3. Evaluate up to three alternate bridge/culvert/roadway configurations to determine the most effective means of crossing Tributary G-1 of Grapevine Creek. Variables to be considered include size and number of bridge/culvert openings, roadway profile, required freeboard and channel improvements. 4. Present findings in the schematic design to be reviewed by the City. 5. After the City has selected and approved the concept for the bridge/culvert and roadway improvements, a final HEC-2 model will be prepared for both the existing and ultimate watershed conditions. The existing condition model will then be used to apply for and obtain a Conditional Letter of Map Revision (CLOMR) from FEMA. 6. Prepare the FEMA submittal package to include a report, HEC-2 computer files, stream cross-sections and profiles, engineering plans, and the appropriate forms as required. 7. Provide three copies of the submittal package to the City for submittal to FEMA. The City will pay processing and review fees. 8. Respond to FEMA's review comments and/or request for additional information to obtain the CLOMR. 9. After the bridge/culvert and roadway improvements have been completed, four 'As-Built' cross-sections will be taken in the field to insert into the existing models to reflect the completed improvements. The 'As-Built' models will then be used to apply for and obtain a final Letter of Map Revision (LOMR) from FEMA. 10. Prepare the £mal FEMA submittal package to include a report, HEC-2 computer files, stream cross-sections and profiles, record drawings of the engineering plans, and the appropriate forms as required. Page 18 11. Provide three copies of the final submittal package to the City for submittal to FEMA. The City will pay processing and review fees. 12. Respond to FEMA's review comments and/or request for additional information to obtain the final LOMR. E. Environmental Investigation 1. Hazardous Materials Investigation - Engineer will conduct a field investigation of the project area for evidence of hazardous materials including but not limited to underground petroleum storage tanks. A search of certain state and federal databases will be conducted to determine the location and presence of facilities that could have a negative environmental impact on the proposed project. A letter report detailing the investigation will be delivered to the City upon the completion of the investigation. 2. Jurisdictional Waters and Wetlands Assessment and Delineation - Engineer will conduct an investigation to delineate location and extent of areas that have a high potential of being jurisdictional waters of the United States (including wetlands) within the subject property. Initial efforts will involve analysis of National Wetland Inventory Maps, the Dallas County, Texas Soil Survey, and the most recent aerial imagery to locate areas of highest probability. This will be followed by a field reconnaissance to investigate suspect areas on the ground to fully document wetland criteria using the USACE 1987 Manual. Observations will be made regarding predominant vegetation, soil characteristics, and hydrology indicators to ascertain the areas that meet the requisite criteria for wetlands. Data Forms will be completed documenting predominant vegetation, presence or absence of redoximorphic features in the upper 18" of the soil profiles, and the presence or absence of hydrology indicators. Regulations require that the City will exercise avoidance and minimization of impacts to jurisdictional waters and wetland areas. The results of this investigation will be included in a letter report to the City accompanied by maps and photos, which will indicate the delineated locations and acreage of all identified waters within the project limits, with recommendations for permitting and / or property management strategies. Upon completion of this task, Engineer will meet with City to discuss design strategies aimed at minimizing future permitting difficulties and recognizing existing barriers to development. Page 19 3. Permit Application - Engineer will prepare and submit an application for a U.S. Army Corps of Engineers (USACE) 404 Permit for the project based on the City's applicable development and land use plan (current at that time), and will include the following: a. Assessment of project impacts / development of permitting strategy. b. Pre-Application meeting with the USACE. c. Preparation of application submittal, including mitigation plan if needed. d. Response to and incorporation of USACE review comments and re- submittal. The application will describe the proposed action(s), the purpose of the action, and any methods of mitigating the proposed wetland losses. Our experience has shown that the level of effort expended during the permitting process is highly variable. Permitting requirements tend to be very project-specific; therefore it is difficult to estimate the actual level of effort. We will communicate with the City on a regular basis to keep them up to date on technical issues affecting the approval of the project. 4. The following items are not included in the environmental investigation. Should the following items become necessary, a scope and fee will be negotiated with the City prior to commencing work. a. Mitigation design efforts for waters, wetlands and habitat areas. b. Mitigation for tree loss within and outside the ROW. F. Geotechnical Investigation Engineer will contract with a Geotechnical Firm to provide the following services: The purpose of the geotechnical investigation will be to sample and evaluate subsurface conditions along the proposed project alignment and from this data develop engineering design parameters for design and construction of the proposed improvements and provide recommendations regarding these improvements. 1. Field Exploration: A total of 14 core borings (2 bridge/culvert borings and Page 20 12 roadway borings) sampled to a depth of 60 feet for the bridge borings and 15 feet for the roadway borings. 2. Laboratory Testing: The laboratory-testing program will include classification, strength and volumetric evaluations. 3. Engineering Report: The geotechnical engineering report will provide site specific information with regards to subsurface stratigraphy, groundwater conditions, presence of petroleum products in the vicinity of Bethel Road, suitability of subsurface materials for excavation and foundation construction, retaining wall design parameters, depth of cover recommendations for pavements, pavement subgrade treatment and earthwork recommendations for embankments and cut sections. Five copies of the report will be submitted for use. 4. Material testing during construction has not been included within the scope of this investigation. G. Reimbursable Expenses Included in the Basic Services Part II Fee are reimbursable expenses accrued through printing as described in the Basic Services, printing fees at the County, filing fees, review and processing fees, mileage, delivery fees, long distance phone calls and other out-of-pocket expenses. Page 21 ATTACHMENT "B" ADDITIONAL SERVICES The Engineer agrees to render additional services as mutually agreed to by the City and Engineer. The Additional Services to be performed by Engineer as directed by the City under this Contract include the following: · Preparation for and attendance at additional public meetings, beyond the 3 public meetings included in Basic Services, called by the City to discuss the project with the citizens of Coppell. Evaluate input from these additional public meetings. · Prepare preliminary and final plans for the construction of a new water main with valves, fire hydrants, services and appurtenances along Coppell Road from Bethel Road to Sandy Lake Road. Page 22