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ST0301-AG030527AGENDA REQUEST FORM COl'FELL DEPT: Engineering/Public Works DATE: May 27, 2003 ITEM #: I1 ITEM CAPTION: Consider approval of entering into a contract with Freese and Nichols, Inc. for the design of Bethel Road from Denton Tap Road to Freeport Parkway and Coppell Road from Bethel Road north to Cooper Lane in an amount not to exceed $508,300 as provided for in CIP Funds; and authorizing the City Manager to sign. APPROVED BY CITY COUNCIL GOAL(S): ON ABOVE DATE Motion to Approve M - York S - Suhy Vote - 6-0 Raines absent ~ EXECUTIVE SUMMARY: Approval of this contract will begin the process for the design of Bethel Road from Denton Tap Road to Freeport Parkway and Coppell Road from Bethel Road north to Cooper Lane. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds are available in the 2000 and 2002 Street CIP account for this project. DIR. REVIEW: ~ FIN. REVIEW: -:~?' ~' CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #BethclRd- 1 Agenda MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: From: Date: RE: Mayor and City Council Kenneth M. Griffin, P.E., Director of Engineering/Public Works May 27, 2003 Consider approval of entering into a contract with Freese and Nichols, Inc. for the design of Bethel Road from Denton Tap Road to Freeport Parkway and Coppell Road from Bethel Road north to Cooper Lane in an amount not to exceed $508~300 as provided for in CIP Funds; and authorizing the City Manager to sign. In November of 1999, Coppell voters approved a bond program that included the construction of several roadways within the City of Coppell. Over the past few months staff has been meeting with representatives of the firm of Freese and Nichols, Inc. concerning the design contract for Bethel Road and a portion of Coppell Road. The design of Bethel Road has several complications causing the design fee to be somewhat higher than anticipated. First and foremost is the design of the section of Bethel Road and Coppell Road through the historical section of Coppell. In 2002, the Old Coppell Master Plan was presented to City Council showing several design concepts for the historical area of Coppell. These range from on-street parking, surface drainage, light fixtures, pathways, pavement treatment, width of roadways, etc. The consultant has been provided a copy of the study and asked to conform their design as much as possible to the components of the study. The firm we have selected has experience in this type of design through historical and downtown areas. They have been involved in projects in Brownwood, Temple, Weatherford, and Bryan. However, because this is not just a typical street design through the historical area, there are associated costs with the increased level of design. The consultant had estimated that the increased level of effort through the historical area amounts to approximately an $85,000 increase in the design fee. This is based on additional surveying requirements, traffic signal upgrades, bridge enhancement designs, streetscape design, street lighting design, additional concept designs (including public meeting information), and additional paving and drainage design requirements. As council may be aware from previous discussions in work session, the existing buildings along Bethel Road are located such that it will be very difficult to construct a roadway, provide on- street parking, and minimum sidewalk widths through the historical area of Coppell. To ensure that all design concepts mesh in the field during construction, there is a higher level of effort required for the surveying and tying down of all existing features along the roadway corridor. Another major component of the design of Bethel Road is the bridge over Grapevine Creek approximately 1,000 feet west of Denton Tap Road. This is between the Summit at the Springs and The Reserves subdivisions. While the bridge itself is wide enough to accommodate a two- lane roadway as shown on the Thoroughfare Plan, there is some concem with erosion beneath the "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" bridge at this time and whether or not the bridge is located such that it does not cause an impediment to the flow of water during a 100-year storm. If the elevation of the bridge is high enough, there needs to be additional structural investigation of the bridge itself to determine whether or not it can handle the additional load that would be placed on the outer edges of the bridge when our typical concrete rails are installed similar to the ones on bridges along Denton Tap Road. If the bridge is adequate for these modifications, then there could be as much as a $25,000 to $30,000 savings in the design of the bridge. The design contract before you today, anticipates a total design, removal and replacement of the existing bridge. Another component of the design contract is to design a portion of Coppell Road north from Bethel Road to Cooper Lane. The decision was made to include this portion of Coppell Road with the Bethel Road project because of the characteristics of the requirements for this section of the roadway in the historical area of Coppell. The City is currently working on a design contract with Huitt-Zollars, Inc. for the design of the remaining portion of Coppell Road from Cooper Lane north to Sandy Lake Road. Council should see that in the very near as an agenda item. The inclusion of that portion of Coppell Road added approximately 25% to the design cost of the roadways. The design fee as presented to the City of Coppell by Freese and Nichols, Inc. in the amount of $508,300 is broken down as follows: Design of Bethel Rd. and Coppell Rd. Increased level of design through historical area $422,600 $ 85,700 $508,300 My estimate for the design of Bethel Rd. when this went to the voters in 1999 was $320,000. The increase from my original estimate to the design fee presented today is as follows: Increased level of effort in the historical area Approx. 25% increase for inclusion of Coppell Rd. (in historical area) (.25x422,600) $ 85,700 $105,000 When those two items are removed, the remaining design fee is very close to what my estimate was in 1999. Staff recommends approval of entering into a contract with Freese and Nichols, Inc. in the amount of $508,300 for the design of Bethel Road from Denton Tap Road to Freeport Parkway and Coppell Road from Bethel Road north to Cooper Lane. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW AI,L BY THESE PRESENTS CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the ~_day of___~_, 2003, 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 Freese and Nichols, 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 BETHEL & COPPELL ROADS INFRASTRUCTURE IMPROVEMENTS, PROJECT #ST 03-01 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 perfon~l the hereinafter defmed Services necessa~ to complete the Project; and WHEREAS, said Services shall be as de£med herein and in the detailed Basic Services, Attachment A, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as def'med 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~ mo Basic Services: 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. Bo 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. e 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 beginrdng 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 infomiation to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided Page 2 by the City. The Engineer shall complete and provide to the City said report at two week intervals. o Compensation. Basic Services F6e: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Fee shall not exceed the lump sum of Five Hundred Eight Thousand Three Hundred Dollars ($508,300) provided, however, that modifications to the Basic Services, 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. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Five Hundred Eight Thousand Three Hundred Dollars ($508,300). Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete infom~ation 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. 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 fight 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. 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 ~om the City. The written authorization for additional Page 3 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. 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 detetnfine 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 de£mes the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. Proiect Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. Prolect Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Sen'vices shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction Page 4 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. 10. 11. Partnering,. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 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 perfmmed 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. Engineer's Seal. The Engineer shall place his Texas Professional Engineers Seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 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 negligent 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 negligent 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 Page 5 12. 13. 14. 15. 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 role adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 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 negligent errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in perfonx~ance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 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 perfo~ax 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. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are Page 6 16. 17. 18. 19. 20. 21. appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 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. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 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 detemiine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes2 Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job perfmmance, either directly, indirectly or through contractual or other arrangements. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. No Waiver. No action or failure to act on the part of either Party at any time to exercise any fights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at taw or contract. Page 7 22. 23. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, roles 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 satisfactol~ proof of compliance therewith. 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 cla'nns, 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 infommtion 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 / Cc, nne [I . q~x 7so/9 ! I / '- Engineer: Freese and Nichols, Inc. 1701 N. Market Street, Suite 500, LB 51 Dallas, Texas 75202 Attn: Tricia H. Harley, P.E. IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL FREESE AND NICHOLS, INC. BY: Name & Title ATTEST: ATTEST: Page 9 COPPELL ATTACHMENT A SCOPE OF SERVICES FOR BETHEL & COPPELL ROADS INFRASTRUCTURE IMPROVEMENTS PROJECT DESCRIPTION The CITY is proposing to construct improvements including paving reconstruction, streetscape, storm drain system, and water lines. The Bethel Road improvements are limited to the area from Freeport Parkway on the west and Denton Tap Road on the east. The Coppell Road portion of the project is limited to the area bounded by Bethel Road to the south and Cooper Lane to the north. The scope of work includes paving improvements as well as streetscape improvements in the historic downtown area. The replacement of the bridge across Grapevine Creek on Bethel Road is included in the scope of this project, but a study to evaluate the needs regarding replacement of the structure is included in the conceptual design phase. The waterlines located along Coppell Road and Bethel Road will also be replaced. The existing water mains (2", Y', & 8") will be abandoned and connections from those water mains will tie into the proposed 16" water main. An underground storm sewer system will be installed where needed to facilitate drainage of the right-of-way and surrounding properties. The attached exhibits show the existing facilities and proposed improvements included in this project. The parameters for design of the improvements shall include the following: · Project control to be based on a local control monumentation provided by the CITY. Field surveys will be included. Prior to construction, we will provide the initial staking of the monuments and the proposed centerline. Three (3) permanent control points (X, Y, & Z coordinates of each) shall be established and marked by the contractor outside of the construction limits for future reference. · Final plan size to be 22" x 34" for reproducible copies to 11" x 17". Scale of plans to be: 1" = 20' Horizontal; 1": 4' Vertical · Driveway replacement to be made to the property line, unless grade changes in street necessitate more replacement. · A construction sequencing plan shall be considered for each area of construction. A detailed traffic control plan will not be provided by FNI. The contract documents will require that the Contractor submit a detailed plan to the CITY for review. The Contractor's plan will need to be in accordance with the phasing established by FNI's sequencing plan. · All design work will be prepared in AutoCAD 2002, with CD's to be furnished to the CITY upon completion of the record drawings. · Submittals to the CITY of work-in-progress shall be at 30%, 60%, 90%, and 100% stages for completion. For each stage of review, two (2) full size and two (2) half-size sets of drawings will be furnished to the CITY. · Standards and typical construction details of the CITY may be referred to in the specifications and on the drawings. · This. scope of work refers to the Bethel Road crossing of Grapevine Creek as a bridge and the crossings of Bethel Road and Coppell Road of Stream G1 as a culvert. This scope of work assumes that the engineer for the west Bethel project will design and prepare plans for the culvert Attachment "A" Page 1 of 13 under Bethel Road west of downtown and the channel improvements to its downstream. This scope of work includes preparation of construction documents for the culvert on Coppell Road crossing Stream G1 based on the design report prepared by TranSystems Corportation, dated December 20, 2002. The scope of work assumes that the bridge will be replaced. We will determine during the conceptual design phase whether the bridge needs to be rebuilt at a higher elevation and/or widened to accommodate the new roadway section. FNI will provide bridge and foundation design plans and specifications. The conceptual phase of the project will include review of the bridge plans to verify that the CITY is in agreement with the proposed improvements. If it is determined that the bridge does not need to be replaced, we will deduct the final design cost from the total contract amount. This scope of work also includes design of erosion protection of the bridge structure and minor channel regrading regardless of whether the bridge is reconstructed or the existing structure is utilized. FNI shall perform the necessary engineering and related technical services for the Design, Bidding, and Construction Phase Services, including necessary Special Services for development of this project according to the following sections of this agreement. The scope is divided into three design phases including Conceptual, Preliminary and Final Design. TASK DESCRIPTIONS - SCOPE OF SERVICES Basic Services A. Conceptual Design Phase Field Surveys - Survey and prepare a design/topographic survey map for an area 90 feet wide (45 feet on each side of the centerline) along Bethel Road from Freeport Parkway to Denton Tap Road, and along Coppell Road from Bethel Road to Cooper Lane. Survey two drainage areas (stream G1 and Grapevine Creek) on Bethel Road and one drainage area (stream Gl) on Coppell Road for a width of 50 feet past the top banks and a length of 200 feet above and below the roads. The design/topographic survey will indicate all surface featUres, spot elevations, one-foot contours, existing right-of-way lines, and utilities. 2. Pre-Design Kick-off Meeting - We will meet with the CITY to discuss the planning and the design criteria, work program and schedule, procedures of communication, basis of compensation, limits of survey, assignments of personnel, and any other matters that may have direct or indirect effects upon the completion and results of this project. Other work and review conferences will be scheduled throughout the progress of the project. bo Data Gathering - Obtain, from the CITY, all available property plats easements, street right-of-way widths, record drawings of the existing pavement, utilities and drainage systems, planning reports, traffic counts, Attachment "A" Page 2 of 13 Co do zoning ordinances and other data that may be pertinent in considering the alignment, location, final design, and construction of the proposed improvements. Field Visits - Determine from a field reconnaissance of the project area the general lay of the land for the paving improvements and other related appurtenances. This general layout will first address the following: i. Locations of existing utilities - water, gas, electric, sanitary sewer, telephone cable, power poles, TV-cable, drainage facilities, traffic signalization controls, lighting system, etc. ii. Existing driveways iii. Availability of right-of-way iv. Access and convenience for construction operations v. Crossing of drainage ways and structures vi. Landscape restoration vii. Proximity to private property improvements, i.e., fences, mail boxes, sidewalks, etc. Review the existing masterplan document for the historic downtown area. Conduct a parking analysis for the historic downtown area. The analysis will include a review of parking needs based on the current zoning. It will also determine the number of spaces that are currently available. A recommendation regarding number of spaces for the area will be made based on this analysis. Evaluate the proposal layout of the new facilities taking the following design criteria into consideration: i. Access for fire, police, and other emergency vehicles ii. Maintenance for service during construction iii. Access for property owners to their respective driveways and adjacent streets. iv. Minimum inconvenience to adjacent property owners v. Business parking needs. Take additional photographs and/or videotape to document the existing conditions at the project site and to identify areas of special concern in design, drainage, and possible problems to resolve. Conduct one (1) public meeting to discuss the proposed project with the residents and representatives from the downtown business owners and affected homeowner's associations to gather data regarding issues and concerns. Develop a maximum of three concept plans based on the data gathered, parking analysis and survey information. The concept plans will address the roadway geometry, preliminary storm drain analysis, preliminary utility Attachment "A" Page 3 of 13 layouts, the historic downtown area parking and streetscape, and concepts for entry features to the area. j. Gather data on existing bridge including structure elevations, flow capacity and condition. 3.Concept Plans Consolidate conceptual design plans, drainage and utility studies, environmental analysis and public meeting comments into a package for submittal to CITY for review and approval. Make recommendation regarding the replacement of the bridge structure. b. Make modifications to the plan based on CITY staff review and submit to City Council as a project update. B. Preliminary Design Phase Geotechnical Investigation - Drill four (4) ten-foot borings for the road improvements. Prepare a geotechnical investigation report that presents the boring locations, boring logs, lab test results, a discussion of general subsurface conditions at the bridge site and along the road improvements and their impact on design. The report will also include a discussion of construction issues, recommendations for bridge design, backfill for utility trenches, asphalt-paving section, and stamped concrete section. The City's standard concrete paving section will be reviewed to determine its suitability for the conditions encountered. 2. Upon approval of Conceptual Engineering Plans, FNI will prepare preliminary construction plans as follows: Drainage area maps with drainage calculations and hydraulic computations. A drainage area map will be drawn from available contour maps. Calculations regarding street and right-of-way capacities and design discharges at selected critical locations will be provided. Preliminary project plan and profile sheets showing curb lines, driveways, sidewalks, elevations at all PVI's and PI's: high and low points, vertical curve information, and pertinent AASHTO calculations. Existing found property comers (e.g. iron pins), along the existing right-of-way shall be shown on the plans. Co Existing utilities and utility easements will be shown on the roadway plan and profile sheets. FNI will coordinate with utility companies and the CITY to ascertain what, if any, future improvements are planned that may impact the project. do Horizontal and vertical control plan that locates all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Additional Names) Attachment "A" Page 4 of 13 along with property ownership shall be provided on the plan view. 3. Prepare a Right-of-Way strip map indicating existing and proposed Right-of-Way along the project limits. Prepare two layouts or options and typical cross-sections for the design of the bridge. Prepare a preliminary opinion of construction cost estimate for each bridge option. Provide infotYnation regarding environmental permitting that may be required due to the bridge construction. 5. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas, telephone, and electric) locations and depths. 6. Field-check preliminary drawings and specifications. FNI will submit the preliminary project plans to the CITY's reviewer for TAS/ADA review. FNI will prepare the application and make the submittal. It is assumed that the CITY will provide a check for the fee based on the construction cost per the submittal requirements. FNI will address comments from the review and revise plans if necessary. Present a preliminary estimate of probable construction cost and two (2) full size sets and two (2) half-size sets of the plans and specifications to the Staff of the CITY for review, discussions, and comment. This submittal will be at the 60% completion stage. 9. FNI shall meet with the CITY up to two (2) times during this phase to discuss the preliminary design. 10. Attend one (1) public meeting to discuss the project with the residents. One objective of the meeting will be to review the survey data to verify that all driveways are shown and lot information is accurate. The meeting will also be used to present the conceptual plans to the area stakeholders. Comments regarding the plans will be obtained and reviewed to determine if modifications need to be incorporated prior to fmal design. 11; Present the project and preliminary plans to City Council as a project update. The update will include a summary of the input received at the public meeting. 12. Submit appropriate number of copies of the plans to the utility companies for review and comment. C. Final Design Phase - Following CITY approval of the preliminary plans, FNI shall prepare final plans with the following additional tasks: Prepare final cross-sections on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1" = 20" horizontal and 1" = 4' vertical with cross sections plotted with stationing from the bottom of the sheet. Excavation and embankment volumes and end area computations shall also be provided. Attachment "A" Page 5 of 13 2. Prepare a horizontal control sheet with any required easements or right-of-way shown. 3. Prepare a construction sequencing plan that identifies the phasing of the project including allowable lane and/or street closures. Prepare a Storm Water Pollution Prevention Plan (SW3P) in accordance with the CITY ordinances, TCEQ guidelines, and/or Federal requirements. Prepare traffic signal plans and specifications for modifications to the signal at the N. Denton Tap Road intersection and the Coppell/Bethel Road intersection in accordance with city design guidelines and standards. Existing signal equipment (i.e. signal heads, pedestrian indications, etc.) that does not meet current standards will be replaced. Signal phasing shall be determined and implemented by the CITY. Prepare fmal construction documents, drawings, and specifications for the construction of the proposed bridge. The proposed bridge is assumed to be a total span of approximately 120 feet with an approximate width of 60 feet. The bridge is assumed to be a standard TxDOT precast, prestressed girder bridge or a cast -in-place pan girder bridge. The plans will also include riprap or armoring as deemed necessary for the design to protect the structure from erosion. Minor channel grading may be needed for the proposed design and will be included in the construction plans. Prepare plans for the streetscape improvements including sidewalks and landscaping per Old Coppell Master Plan. Streetscape plans will include paving, planting, and irrigation plans and details. Prepare street light plans. FNI will meet with the CITY to determine the lighting levels required and to detemdne the light fixture that will be used. FNI will meet with the electric company to coordinate service to the new light frxtures. FNI will perform lighting level calculations, lighting layouts, electrical plans and electrical specifications for the installation of the light fixtures and appurtenances. Finalize any necessary additional design details. Prepare final quantity of materials and final "Opinion of Probable Construction Costs." 11. Present two (2) full size sets and two (2) half-size sets of the final documents for the bidding phase to the CITY for approval. This submittal will be at the 90% completion stage. 12. Attend one (1) public meeting and/or City Council presentation to present the project to the stakeholders and discuss the schedule for completion of the project. 13. FNI will submit the project plans to the CIYT's reviewer for the TAS/ADA review. FNI will prepare the application and make the submittal. It is assumed that the CITY will provide a check for the fee based on the construction cost per the submittal requirements. FNI will address comments from the review and revise plans if necessary. Attachment "A" Page 6 of 13 14. Provide updated plans for the utility companies, if necessary. 15. Meet with the CITY to discuss final review comments prior to preparing bid package. 16. Revise plans to address review comments from the CITY and other agencies affected by the project. 17. Prepare final bid schedule, special conditions, technical specifications, proposal, and contract documents. 18. Revise the final "Opinion of Probable Construction Costs" if necessary. 19. Present two (2) full size sets and two (2) half-size sets of the final documents for the bidding phase to the CITY for approval. This submittal will be at the 100% completion stage and will include a full size reproducible set of plans as well as the complete bid documents. Anticipated sheet list as follows: Cover, vicinity map, sheet index General Notes Right-of-Way Strip Map Typical Sections (3 sheets) Horizontal and Vertical Control Erosion Control (6 sheets) Traffic Control and Sequencing (3) Detour Plans (1) Paving Plan/Profiles (15 sheets, including 11 Bethel Road and 4 Coppell Road) Drainage Area Map and Calculations (3 sheets) Storm Drain Plan/Profiles (6 sheets) Bridge Enhancement Plans (2 sheets) Storm Drain Laterals (2 sheets) Water Plan/Profile (6 sheets) Traffic Signal Plans (6 sheets) Signing, striping, and lighting layouts (6 sheets) Cross Sections (15 sheets) Landscaping/Streetscaping plans (21 Sheets) Details (5 sheets) 20. Present the final project to City Council as a project update. D. Bid Phase Coordinate the £mal printing of the construction plans and specifications for distribution to the proposed bidders. FNI will verify with the CITY the number of copies to be printed prior to proceeding with the final printing. All plans, specifications, and bidding documents will be distributed from FNI's office for requests received by the bidders and suppliers. Payment for the plans, Attachment "A" Page 7 of 13 specifications, and bidding documents will be retained by FNI. Attend pre-bid conference, as directed by the CITY. FNI shall prepare a bid tabulation sheet to be used at the bid opening. The sheet shall conta'm the names of all finns that received bid packages, columns for acknowledgement of addenda, bid bonds and base bid information. Assist the CITY in securing, opening, tabulating and analyzing the bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders, and to selective plan rooms. Provide a copy of the notice to bidders for CITY to use in notifying construction news publications and publishing appropriate legal notice. The cost of publication shall be paid by the CITY. FNI will furnish recommendations on the award of the contract based on the lowest qualified bidder. FNI will develop a complete bid tabulation package. Assist the CITY in conducting a pre-bid meeting in order to field bidders' questions and walk the project. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. Furnish thirteen (13) sets of construction plans and specification for use by the CITY and Contractor. Additional sets of plans, specifications, and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the construction contracts, shall be furnished by FNI and shall be paid for by the CITY at actual cost of reproduction. 10. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. Assist CITY by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders, if necessary. FNI will assist CITY in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by the CITY. Construction Phase - Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect CITY in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. Attachment "A" Page 8 of 13 If general conditions other than FNI standards are used, the CITY agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractorDs insurance policies. Attend Pre-Construction Conference with the CITY, the Contractor, and other interested parties to discuss the total work program and schedule, procedures of communication, special concerns, coordination with others, additional surveys, field testing and inspections, assignment ofpersoimel, and any other matters that may have a direct or in- direct effect upon the completion and results of this improvement program. Attend one (1) public meeting to introduce the Contractor to the residents and discuss the construction schedule. The meeting will provide the residents with contact information and allow them to ask questions regarding the construction activities. 3. Provide baseline control staking such that the Contractor(s) can establish horizontal and vertical alignments per the drawings. Provide general site visits to monitor the progress of construction. This proposal is based on an 18-month construction period with an estimated maximum of 36 site visits during construction. During these visits, FNI design team staff will observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the construction contract documents. FNI will provide written documentation to the CITY of the site visit with observations of work and/or any concerns. In this effort FNI will endeavor to protect the CITY against defects and deficiencies in the work of the Contractor and will report any observed deficiencies to the CITY. Visits to the site in excess of the specified number are an additional service. Review shop and working drawings and other project related submittals furnished by the Contractor. Notify the Contractor of non-conforming work observed during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. Rebar shop drawings will not be reviewed, they will be used for "RECORD DATA" purposes only. Interpret the drawings and specifications for the CITY and Contractor. Investigations, analyses, and studies requested by the Contractor and approved by the CITY, for substitutions of equipment and/or materials or deviations from the drawings and specifications are an additional service. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of Contractor claims and make recommendations to the CITY on the merit and value of the claim on the basis of information submitted by the Contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if Attachment "A" Page 9 of 13 appropriate. Providing these services to review or evaluate construction contractor claim(s) supported by causes not within the control of FNI are an additional service. Attend, in the company of the CITY, a f'mal review of the Project for conformance with the design concept of the project and general compliance with the construction contract documents. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. Visiting the site to review completed work in excess of two trips is an additional service. Conduct a final review of the Project in company with the Contractor and the CITY's representative. Revise contract drawings fi.om infoimation furnished by the Contractor and Resident Project Representative, and provide one (1) Mylar set of Record Drawings to the CITY. Record drawings will be submitted in .tif file format along with an AutoCAD 2002 format of the plans on CD or disk. F. ROW Documents - Survey and prepare four permanent Right-of-Way expansion documents. Additional Services - The following services are beyond the scope of basic services described in the tasks above. However, FNI can provide these services, if needed, upon the CITY's request. Such services will be provided in accordance with the rates presented in Exhibit B. Prepare images to be used for public meeting and City Council presentations. The images will be limited to renderings of the proposed streetscape improvements in the historic downtown area and of the proposed entry features for the downtown area. B. Prepare Federal Emergency Management Agency (FEMA) LOMR submittal to modify the FIRM maps to reflect the project's construction. C. Conduct additional public meetings. The CITY may decide that additional public meetings are necessary to assist with project relations or for info,mational purposes. D. Environmental Permitting 1. Preparation of a 404 permit application for an individual permit. 2. Preparation of applications for other permits that may be identified by the study. 3. Detailed wetland delineation of large, complex wetlands. 4. Archeological and historical properties investigations. 5. Surveying of water bodies by a Registered Public Land Surveyor. 6. Preparation of a compensatory mitigation plan. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. Attachment "A" Page 10 of 13 Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. Services required to resolve bid protests or to rebid the projects for any reason. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. Providing services after the completion of the construction phase not specifically listed in Article I. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the CITY. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Attachment "A" Page 11 of 13 COMPENSATION A. Basic Services: Compensation to FNI for the Basic Services in Exhibit A shall be the lump sum as itemized below: Survey/ROW $ 39,000 Conceptual Design $ 41,300 Geotechnical Investigation $ 11,500 Preliminary Design $ 68,600 Final Design $268,000 Bid Phase $ 5,500 Construction Phase $ 49,400 Project Expenses $ 25,000 Total $508,300 If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in ExhibitA. FNI will notify CITY for CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: POSITION MIN MAX PRINCIPAL 140 185 GROUP MANAGER 120 185 DISCIPLINE LEADER 100 175 SENIOR ENGINEER 100 165 ENGINEER (PE) 85 150 ENGINEER (EIT) 60 110 ELECTRICAL ENGINEER 70 150 MECHANICAL ENGINEER 60 150 ENVIRONMENTAL SCIENTIST 45 110 ARCHITECT 50 125 LANDSCAPE ARCHITECT 80 135 DESIGNER 50 120 TECHNICIAN/DRAFTER 45 80 OPERATIONS ANALYST 55 85 WORD PROCESSING/SECRETARIAL 35 65 OFFICE/CONTRACT ADMINISTRATOR 60 85 CO-OP 30 50 The ranges and individual salaries will be adjusted annually. Attachment "A" Page 12 of 13 EXPENSES Plotting Printing Bond $ 4.00 per plot Bluelines/Blacklines $0.55 per square foot Color $10.00 per plot Offset and Xerox Copies $0.15 per side copy Vellum $11.50 per plot Binding $2.50 per book Mylar $15.00 per plot Tape Binding $1.00 per book Travel $0.360 per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.15. 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