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ST9302-CN 930622 · STANDARD ~ PROFESSIONAL SERVICES AGRF:.RMENT ,/ BETW~.I:;.N OWNER AND ENGINF~RR THIS IS AN AGI~I:t~tMENT made as of ~la.~ ~tc,~ , 19 ~ ~ , between the CITY OF COPPI~.LL, TEXAS[" "("OWNER"'), and RADY AND ASSOCIATES, INC. ("ENGIN~.I~.R"). Upon authorization from the OWNER, or its designated representative, the ENGINI~.I~.R agrees to provide to the OWNER consulting engineer services and engineering design services on a fee basis as provided herein. OWNER and F_.NGIN~.I~.R, in consideration of their mutual covenants herein, agree that the performance of professional engineering services by ENGINEER and the payment for those services by OWNER shall be as set forth below. SECTION 1 - FEE ENGIN~.~.RING SERVICES  1.1. General. · 1.1.1. ENGINg~I~.R shall provide for OWNER, engineering services for the Project on a lump sum basis, pursuant to the terms and conditions of this section and in accordance with Exhibits B and C attached hereto. 1.2. Payment for Fee Engineering Services. 1.2.1. OWNER shall pay ENGIN~-~R for Fee Engineering Services performed on a lump sum basis, according to the lump sum amount negotiated between OWNER and ENGINg-N.R at the initiation of the Project, and as described in Exhibit C of this agreement. 1.2.2. For Additional Services OWNER shall pay ENGINEER for Additional Services as specified in Section 3, and outside the scope of Fee Engineering Services specified in Section 2, as follows: · ~ 1.2.2.1. Services. For Additional Services of ENGINEER's principals and r employees engaged directly on the Project and rendered pursuant to Paragraphs ~ 3.1. or 3.2., on the basis of ENGINEER's hourly rates as defmed in Paragraph 1.2.2.3. and shown on Exhibit "A" attached hereto, and subsequently modified in accordance with notice provisions of Paragraph 1.2.2.4. . / PAGE- 1 --t ,,. I . 1.2.2.2. Professional Associates and Consultants. For services and expenses of independent professional associates and consultants employed by ENGINI~J~-R to render Additional Services pursuant to Paragraph 3.1. or Paragraph 3.2., the amount billed to ENGINg.~R times a factor of 1.15. 1.2.2.3. Payment. Owner shall pay ENGINI~.F.R for Additional Services according to the hourly rates for the ENGII~J~.R's personnel engaged directly in performing such services, as shown on Exhibit A, "Hourly Rates for Additional Services" attached hereto and incorporated herein. 1.2.2.4. Adjustments to Rates. Upon thirty (30) days written notice to OWNER, but not more than one time per annum, ENGIN~.I~.R may increase or decrease hourly rates as the ENGINF~gR deems necessary to maintain personnel salaries at competitive levels and to adequately compensate ENGINEER for overhead expenses. The increased or decreased rate shall not be effective until after expiration of such thirty (30) day notice period and approval by the OWNER. 1.2.2.5. Direct Expenses. In addition to payments for Additional Services provided in Paragraph 1.2.2.3., OWNER shall pay ENGIN-~.~.R for actual expenses times a factor of 1.15. for all costs incurred in connection with the performance of Additional Services. Expenses shall mean the actual costs  incurred by ENGINg.~.R, or ENGINg~F.R'S independent professional associates · or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); toll telephone calls and telegrams; express mailing costs; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project-related items. 1.3. Times of Payments for Fee Engineering Services. 1.3.1. ENGINEER shall submit monthly statements for Fee Engineering Services and for Additional Services and Expenses. The statements will be based upon ENGINF~R's estimate of the proportion of the total services for the Project actually completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGIN~-~R's monthly statements. 1.3.2. Upon conclusion of each phase of Fee Engineering Services, OWNER shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the total indicated in Exhibit C attached hereto. 1.3.3. If OWNER fails to make any payment due ENGINm~R for services and expenses , within sixty (60) days after receipt of ENGINgJ~R's statement therefor, the amounts due ENGINg. F.R will be increased at the rate of one percent (1%) per month from said sixtieth (60th) day, and in addition, ENGINF-F~R may, after giving seven (7) days written PAGE-2 / - notice to OWNER, suspend services under this Agreement until ENGINN~R has been '. paid in full amounts due for services, expenses and charges. 1.3.4. In the event of termination of ENGINNJ~R upon the completion of any phase of the Fee Engineering Services, progress payments due ENGIN-g.~R for services rendered through such phase shall be determined in accordance with the total compensation specified in Exhibit C. In the event of such termination of ENGINF. g.R during any uncompleted phase, the ENGINF. F.R shall be paid for services rendered up until termination in accordance with the payment for Additional Services and Expenses in Section 1.2., provided such amount does not exceed the total amount indicated on Exhibit C. In the event of any such termination, ENGINg. g.R also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINg. g.R to render Fee Engineering Services, and paid for all unpaid Additional Services and Expenses, plus all termination expenses. Termination expenses mean additional expenses directly attributable to termination, which, if termination is not due to ENG1Ng-gR's breach of this Agreement, shall include contract damages provided by law. 1.4. Performance and Acceptance of Fee Engineering Services. 1.4.1. The provisions of this section and the various rates of compensation for ENGINg~F~R' s services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINI~gR's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 1.4.2. ENGINg~gR's services under each phase identified in Exhibit B shall each be considered complete at the earlier of: (1) the date when the submissions for that phase have been accepted by OWNER; or (2) thirty (30) days after the date when such submissions are delivered to OWNER for finai acceptance, plus such additional time as may be considered reasonably necessary for obtaining approval of governmental authorities, if any, having jurisdiction to approve the design of the Project. 1.4.3. After acceptance by OWNER of the ENGINg. gR's Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs, ENGINg. gR shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractor(s). 1.4.4. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGIlXm~-R of final payment on the last prime contract PAGE- 3 · to be completed. Construction Phase services may be rendered at different times in respect to separate prime contracts if the Project involves more than one prime contract. 1.4.5. If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance and the fee for ENGINRI~-R's services shall be equitably adjusted. 1.4.6. If the Construction Phase has not commenced within ninety (90) calendar days after completion of the Final Design Phase, F. aNGII~-RR may, after giving seven (7) days written notice to OWNER, suspend services under this Agreement. 1.4.7. If F_,NGINgJ~-R's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three (3) months for reasons beyond F_aNIGINI~R's control, ENGRql~.RR shall on written demand to OWNER (but without termination of this Agreement), be paid as provided in Paragraph 1.3.4. If such delay or suspension extends for more than one (1) year for reasons beyond ENGINRRR's control, or if ENGINg-~R for any reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substantial Completion is achieved under that contract, the various rates of compensation provided for in this Agreement shall be subject to equitable adjustment. 1.4.8. In the event that the work designed or specified by F_aNGINg-RR is to be furnished or performed under more than one prime contract, or if ENGINg~RR's services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), OWNER and ENGINRRR shall, prior to commencement of the Final Design Phase, develop a schedule for performance of F_aNIGINg~RR's services during the Final Design, Bidding and Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. This schedule is to be prepared whether or not the work under such contracts is to proceed concurrently. SECTION 2 - SCOPE OF ENGINR~RING SERVICES 2.1. General. 2.1.1. ENGINRRR shall provide for OWNER professional engineering services in all phases of a Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's professional engineering representative for the · ' Project, providing engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services and customary architectural _ . services incidental thereto. PAGE - 4 / 2.1.2. For Fee Engineering Services, the Engineer will provide all services specified in Exhibit B, except as otherwise identified herein. 2.2. Construction Phase. 2.2.1. General Administration of Construction Contract. ENGIlXI~JR shall consult with and advise OWNER and act as OWNER's representative as provided in the Standard General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities and authority of ENGINg~gR as assigned in said Standard General Conditions shall not be extended, except as ENGINF~g~R may otherwise agree in writing. All of OWNER's instructions to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions except as otherwise agreed to in writing by ENGINg. gR and OWNF~o 2.2.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 2.2.2.1. ENGINg~R shall make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)' work. Based on information obtained during such visits and on such observations, ENGIN-P-~R shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and ENGINF~F~R shall keep OWNER informed of the progress of the work. 2.2.2.2. The purpose of ENGINF~PR's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide the OWNER a greater degree of confidence that the completed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). ENGINP~F~R shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct or have control over Contractor(s)' work nor shall ENGINF~F~R have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s)to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, ENGINF~F~R can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for PAGE - 5 Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 2.2.3. Defective Work. During such visits and on the basis of such observations, ENGINP~R may disapprove or reject Contractor(s)' work while it is in progress ff ENGIlq~gR believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 2.2.4. Interpretations and Clarifications. ENGIN~.gR shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. 2.2.5. Shop Drawings. F_2qGINI~gR shall review and approve (or take other appropriate action in respect of), Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), samples and other data which Contractor(s) axe required to submit, but only for conformance with the design concept of the Project. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.2.6. Substitutes. ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s), but subject to the provision of Paragraph 3.2.3. 2.2.7. Inspections and Tests. ENGINP~R shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testings and approvals required by laws, roles, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). 2.2.8. Disputes between OWNER and Contractor. ENGIN-~.g~R shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. BECAUSE THE ENGINEER IS UNWILLING TO INCUR THE POTENTIAL LIABILITY ARISING OUT OF THE ENGINEER'S INTERPRETATION WHICH WILL HAVE ADVERSE CONSEQUENCES TO EITHER THE OWNER OR THE CONTRACTOR UNLF~S THE OWNER INDEMNIFIF~ THE ENGINEER, OVKN-ER AGR~I~S TO DEFEND, SAVE, AND HOLD ENGINEER HARMLF_~S FROM ANY DAMAGES ARISING FROM OR RP. IATED TO ANY SUCH INTERPRETATIONS OR DECISIONS RENI)ER~D IN GOOD FAITH. PAGE- 6 ' 2.2.9. Applications for Payment. Based on ENGINF~F~R's on-site observations, and on review of applications for payment and the accompanying data and schedules: 2.2.9.1. ENGII~IF~gR shall recommend in writing, payments to Contractor(s). '- In the case of unit price work, ENGIN-~-gR's recommendations of payment will include determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 2.2.9.2. By recommending any payment ENGINF~F~R will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINF~gR to check the quality or quantity of Contractor(s)' work as it is furnished and performed, beyond the responsibilities specifically assigned to ENGINEER in this Agreement. ENGIN~-~-R's review of Contractor(s)' work for the purposes of recommending payments will not impose on ENGINF~gR responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINF~R to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interest or encumbrances, or that there may not be other matters at issue between OWNER and CONTRACTOR that might affect the amount that should be paid. 2.2.10. Contractor(s)' Completion Documents. ENGINEER shall receive maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are assembled by Contractor(s) in accordance with the Contract Documents and shall transmit them to OWNER. 2.2.11. Inspections. ENGINF~R shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that ENGIlq~-~.R may recommend, in writing, f'mal payment to Contractor(s), and may give written notice to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in Paragraph 2.2.9.2. 2.2.12. Limitation of Responsibilities. ENGINI:~.~R shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGINI~nR's own employees and agents), at the site or otherwise furnishing or performing any of the Contractor(s)' work. PAGE - 7 SECTION 3 - ADDITIONAL SERVICES OF ENGI~ 3.1. Services Requiring Authorization in Advance. -. If authorized in writing by OWNER, ENGINg. I~.R shall furnish or obtain from others Additional Services of the types listed in Paragraphs 3.1.1. through 3.1.13., inclusive. These services are not included as part of Fee Engineering Services and these will be paid for by OWNER as indicated in Paragraph 1.2.2. 3.1.1. Preparation of applications and supporting documents (in addition to those furnished under Fee Engineering Services), for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 3.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or other information furnished by OWNER except as identified in Exhibit B as part of the Basic Services of this contract. ,, 3.1.3. Services resulting from significant changes in the general scope, extent or ~ character of the Project or its design including, but not limited to, changes in size, ; complexity, OWNER's schedule, character of construction or method of f'mancing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINg. g~R's control. 3.1.4. Providing renderings or models for OWNER's use. 3.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 3.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 3.1.7. Furnishing services of independent professional associates and consultants for other than Fee Engineering Services as identified in F_,xhibit B (other services outside the PAGE- 8 scope of Fee Engineering Services include, but are not limited to, value engineering services, detailed operation and maintenance analyses, and other such services); and providing data or services of the types described in Section 4.4 when OWN'F_~ employs ENGINg. g.R to provide such data or services in lieu of furnishing the same in accordance with Section 4.4. 3.1.8. Services resulting from the award of more separate prime contracts for construction, materials or equipment for the Project than are contemplated at the commencement of the project. If ENGINg~gR has been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, materials and equipment, but only one prime contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of contract documentation that was rendered unusable and any revisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 3.1.9. Services during the out-of-town travel required of ENGINgi~R other than visits to the site or OWNER's office as required by Section 2. 3.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 3.1.11. Preparation of operating, maintenance and staff'mg manuals to supplement Fee Engineering Services. 3.1.12. Preparing to serve or serving as a consultant or witness for OWNER in any litigation or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Fee Engineering Services identified in Exhibit B). 3.1.13. Additional services in connection with the Project, including services which are to be furnished by OWNER in accordance with Section 4, and services not otherwise provided for in this Agreement. 3.2. Required Additional Services. When required by the requirements of the Project, or in circumstances beyond ENGINg~gR's control, ENGINg~gR shall furnish or obtain from others, as circumstances require, and without waiting for specific authorization from OWNER, Additional Services of the types listed in Paragraphs 3.2.1. through 3.2.6, inclusive. These services are not included as part of Fee Engineering Services. ENGINg. gR shall advise OWNER promptly after starting any such Additional Services which will be paid for by OWNER as indicated in Paragraph 1.2.2. PAGE- 9 3.2.1. All coordination, review and consulting with other independent professional associates and consultants providing services to the OWN-ER outside the scope of Fee Engineering Services as more particularly specified in Paragraphs 3.1.6. and 3.1.7. 3.2.2. Services in connection with work directive changes and change orders to reflect changes requested by OWNER. 3.2.3. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s). 3.2.4. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 3.2.5. Additional or extended services during construction made necessary by: (1) work damaged by fire or other cause during construction; (2) acceleration of the progress schedule involving services beyond normal working hours; and (3) default by any Contractor. 3.2.6. Services in connection with any partial utilization of any part of the Project by OWNER prior to Substantial Completion. SECTION 4 - OWNER'S RF_3PONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 4.1. Designate a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEF, R's services for the Project. 4.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 4.3. Assist ENGINF~P.R by placing at ENGINP~g~R's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.4. Furnish to ENGINP-P~R, as required for performance of Fee Engineering Services, the following: PAGE- 10 4.4.1. data prepared by or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 4.4.2. appropriate professional interpretations of all of the foregoing; 4.4.3. environmental assessment and impact statements; 4.4.4. property, boundary, easement, right-of-way, topographic and utility surveys; 4.4.5. property descriptions; 4.4.6. zoning, deed and other land use restrictions; and 4.4.7. other special data or consultations not covered in Section 3; all of which F_2~IGINI~R may use and rely upon in performing services under this Agreement. 4.5. Arrange for access to and make all provisions for ENGINg~gR to enter upon public and private property as required for ENGIN-g~g.R to perform services under this Agreement. 4.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINg~R. 4.7. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project, except as identified in Exhibit B. 4.8. Provide such accounting, independent cost estimating and insurance counselling services as may be required for the Project, such legal services as OWNER may require or ENGINg~R may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNg__~ may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 4.9. If OWNER designates a person to represent OWNER at the site who is not ENGIN-g~gR or ENGIN-F~R's agent or employee, the duties, responsibilities and PAGE- 11 limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINg-g-R will be set forth in an exhibit that is to be identified, attached to and made a pan of this Agreement before such services begin. 4.10. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 4.11. Furnish the ENGIlXI~gR data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to Paragraphs 4.6. and 4.8.), so that ENGII~R may make the necessary f'mdings to support opinions of probable Total Project Costs. 4.12. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and f'mal payment inspections. 4.13. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINg~gR's services, or any defect or non-conformance in the work of any Contractor. 4.14. Furnish, or direct ENGINg~gJR to provide, Additional Services as stipulated in Paragraph 3.1. of this Agreement or other services as required. 4.15. Bear all costs incident to compliance with the requirements of this Section 4. SECTION 5 - OPINIONS OF COST Opinions of Cost. Since ENGIlxI~R has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein represent ENGINg. I~.R's best judgment as an experienced and qualified professional engineer, but ENGIlXlF~RR cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINg-RR. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator as provided in Paragraph 4.9. PAGE- 12 SECTION 6 - GENERAL CONSIDERATIONS 6.1. Termination. The obligations under this Agreement may be terminated by either party upon seven (7) days written notice. 6.2. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGIN~R's independent professional associates and consultants), pursuant to this Agreement are instruments of service in respect of the Project and ENGINg~gR shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINg. gR for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGIN~:~R, or to ENGINEER's independent professional associates or consultants, and OWNER SHALL INDEMNIFY AND HOLD HARMLESS ENGINEER AND ENGINEER'S INDEPENDENT PROFESSIONAL ASSOCIATES AND CONSULTANTS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES INCLUDING ATTORNEY'S FEES ARISING OUT OF OR RESULTING THER~I:rROM. Any such verification or adaptation will entitle ENGIN~.gR to further compensation at rates to be agreed upon by OWNER and F_31GINEER. 6.3. Insurance. 6.3.1. ENGINg.~R shall procure and maintain Worker's Compensation and Employer's Liability Insurance for protection from claims under the workers' compensation act. 6.3.2. To the extent that professional liability insurance is and remains available at commercially reasonable rates, ENGIIq~R will maintain Professional Liability Insurance to protect the OWNER from damages, loss or liability arising out of the performance of professional services under this Agreement. Such coverage shall be in the sum of not less than ONE MILLION DOLLARS ($1,000,000.00). 6.3.3. UPON WRITTEN REQUEST OF OWNER RECEIVED WITHIN THIRTY (30) DAYS OF THE ACCEPTANCE THEREOF, ENGINEER WILL PROVIDE PROFESSIONAL LIABILITY INSURANCE ADDITIONAL TO THE AMOUNT OF · COVERAGE STATED IN PARAGRAPH 6.3.2., IF AVAILABLE, AND THE OWNER WILL RmMBURSE ENGINEER FOR THE COSTS INCURRED BY · ENGINEER IN OBTAINING SUCH INCREASED COVERAGE. TO THE FULLF_~T EXTENT PERMITTED BY LAW, OWNER AGR~I~-S THAT ENGINEER's LIABILITY TO OWNER FOR ANY DAMAGES, LOSSES, INJURIES, CLAIMS, PAGE- 13 ' LIABILITY, OR INDEMNITY COMMrrMENTS ARISING IN ANY WAY OUT OF -. ENGINEER's PERFORMANCE OF THIS AGRRRMENT, INCLUDING BUT NOT LIMITED TO, ENGINEER's NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, IS LIMITED '- TO ONE MH. LION DOLLARS ($1,000,000.00), UNLESS OWNER SHALL ELECT TO REQUEST THAT ADDITIONAL COVERAGE BE PURCHASED IN ACCORDANCE WITH THE PROVISIONS I-IRI~aN. IN NO EVENT SHALL ENGINEER BE LIABI-R FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF SERVICES I-IF~REUNDER, INCLUDING BUT NOT LIMITRD TO LOSS OF USE, LOSS OF PROFIT OR BUSINESS INTERRUPTION, WHETHER CAUSED BY ENGINEER, OR OTHERWISE, AND, TO THE FULLEST EXTENT PERMITrED BY LAW. 6.4. OWNER's Responsibility to ENGINI:t-~R. 6.4.1. Hazardous Waste and Asbestos. Because of the unavailability of professional liability insurance for services involving or related to hazardous waste elements, or the removal of encapsulation of asbestos, and because of the severity of claims relating to these services, the ENGINF. RR is unwilling to perform any services related to the disposal of hazardous waste elements or the removal or encapsulation of asbestos. For any project site which has existing improvements and on which the ENGII'~.RR, his consultants, agents, or employees are to provide design services, the OWNER will conduct, utilizing either its own employees, or a consultant employed for that purpose, a survey to determine the presence of any hazardous waste element or asbestos on the project site. If any hazardous waste elements or asbestos is discovered at the project site, either during the initial study or at any time during construction, the OWNER shall immediately relieve the ENGIN~-~R of any obligations to continue to perform services under this agreement and shall proceed with the remediation of the project site as may be required under state or federal law. THE OWNER HERI:~Y AGRRI~.S TO R~LEASE THE ENGINI~R, ITS CONSULTANTS, AGENTS AND EMPLOYRRS, FROM ANY CLAIMS, DAMAGES, LOSSES AND EXPENSES, DIRECT OR INDIRF_J2T, INCLUDING BUT NOT LnVlITED TO ATTORNEY'S FI~.I~S AND COURT COSTS, ARISING OUT OF, RESULTING FROM, OR I~I~.I.&TED TO, THE PRF_~ENCE OR RRLRASE OF ANY HAZARDOUS WASTE ELEMI~-NTS OR THE REMOVAL OR ENCAPSULATION OF ANY ASBESTOS ON ANY PROIECT SITE IN WHICH THE ENGINF~R HAS BF.I:;.N RETAINED TO PERFORM SERVICES ON BEHALF OF THE OWNER. PAGE- 14 2 6.5. ENGINP~P~R's Indemnification of OWNER. 6.5.1. Except as provided in Paragraphs 2.2.8, 6.2 and 6.4.1., the ENGINP. g.R shall indemnify the OWNER, its consultants, agents and employees from and against any and -- all claims, damages, losses and expenses, direct or indirect, or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs arising out of, resulting from, or related to the negligent performance of work by ENGINP. g.R specified in this Agreement. 6.6. Severability and Reformation. 6.6.1. Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 6.7. Controlling Law. This Agreement is to be governed by the laws of the State of Texas. The venue for any action brought pursuant to or resulting from the terms of this agreement shall lie in Dallas County, Texas. 6.8. Successors and Assigns. 6.8.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINP~RR (and to the extent permitted by Paragraph 6.8.2. the assigns of OWNER and ENGINg. g.R), are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns), of such other party, in respect of all covenants, agreements and obligations of this Agreement. 6.8.2. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINF~RR from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 6.8.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGIN-F~R and not for the benefit of any other party. PAGE- 15 6.9. Standard of Care. 6.9.1. ENGINg~RR shall perform for or furnish to OWNER professional engineering and related services in all phases of the Project to which this Agreement applies as -- hereinbefore provided. ENGINEER shall serve as OWNER's prime design professional and engineering representative for the Project providing professional engineering consultation and advice with respect thereto. ENGIN~.RR may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINg. RR shall not be required to employ any ENGINF~RR'S Consultant unacceptable to 6.9.2. The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINg. RR MAKES NO R~PRES~ATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, EXCEPT FOR THOSE MADE IN THIS AGREEMENT. SECTION 7 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES. 7.1. The following Exhibits are attached to and made a part of this Agreement: 7.1.1. Exhibit A "Hourly Rates for Additional Services" consisting of one (1) page. 7.1.2. Exhibit B "Scope of Services, Sandy Lake Road and 24" Water Line" consisting of twenty (20) pages. 7.1.3. Exhibit C "Compensation to Engineer and Time of Completion" consisting of three (3) pages. 7.2. THIS AGREEMENT (consisting of pages 1 to 18, inclusive), together with Exhibits and Schedules identified above, constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. THE OWNER AND ENGINg~g~R EACH ACKNOWLEDGE BY THE EXECUTION OF THIS AGRg~MENT THAT NEITHER THE OWNER NOR THE ENGINg~R HAS MADE ANY REPRF_3ENTATIONS OR HAS MADE ANY EXPRESSED OR IMPIJED WARRANTIES NOT CONTAINg~D IN THIS AGRg. RMENT. PAGE- 16 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year f'trst above written. OWNER: ENGINI~RR: CITY OF COPPELL, TEXAS RADY & ASSOCIATES, INC. B~ BY:~ Tom Morton, Mayor B. Ratliff, P.E. Vice-President Address for giving notices: Address for giving notices: 910 Collier Street Fort Worth, TX 76102 PAGE- 17 EXHIBIT A HOURLY RATES FOR ADDITIONAL SERVICES The following hourly rates will apply to services as outlined in paragraph 1.2.2 of the Standard Professional Services Agreement Between Owner and Engineer. These rates will remain in effect until they are increased or decreased in accordance with paragraph 1.2.2.4. Principal $110.00 Project Manager 85.00 Senior Engineer 80.00 Senior Architect 80.00 Engineer 65.00 Architect 65.00 Designer 55.00 Technician 48.00 Draftsman 40.00 Clerical 35.00 Survey Party (3-man) 150.00 Computer Usage 25.00 EXHIBIT B SCOPE OF SERVICES SANDY LAKE ROAD AND 24" WATER LINE A. PHASE ONE - CONCEFrUAL PLAN 1. Data Collection and Analysis: The Engineer shall analyze background information relevant to the project and collected by the City of Coppell, including property and topographic maps (supplied on magnetic media), plats, maps and plans of water, sewer, streets, drainage, current and future land use, including but not limited to, planned developments and master plans (drainage and utility). The City will assist in the collection of franchise utility and pipeline company maps and construction plans, if available, by contacting local representatives and holding a Development Review Committee meeting. The City shall assist the Engineer in obtaining design plans of Sandy Lake Road east of McArthur Blvd. from the County of Dallas and/or their design consultant. The Engineer shall be responsible for contacting Dallas Water Utilities, the City of Flower Mound and other utilities or entities not identified above or not responding to initial requests for information by the City. 2. Horizontal and Vertical Alignment Determination: a. Develop the horizontal and vertical alignment of Sandy Lake Rd. from Denton Tap Rd. to McArthur Blvd. using City property and topographic maps. The alignment will be based on a six lane blvd. section and 110 feet of proposed right-of-way. Vertical and horizontal alignments will be verified during preliminary design utilizing field survey information. b. Determine the centerline/baseline alignment using AASHTO design guidelines for horizontal and vertical sight and stopping distances. C. Consider drainage patterns within street rights-of-way and determine the limits of the proposed closed storm drainage system to convey runoff to existing outfall locations. Coordinate anticipated drainage at Moore Road with improvements beyond the project limits to be designed by the City. d. Locate median openings and driveway approaches within the limits of the project and make recommendations to City staff as to final geometry. City of CoppcH Exhibit B - Scope of Services Page 2. e. Meet with City staff to determine areas of conflict between alignment geometry and right-of-way needs. Make f'mal presentation to staff on the conceptual plan layout for ultimate six lane and four lane design. f. Obtain in writing from Owner acceptance of the Conceptual Design and directive to proceed with Preliminary Design. g. The Engineer will provide to franchise utilities, copies of the conceptual plans and any anticipated relocation information available at that time to facilitate relocation design plans. 3. Desi_cm Survey: The Engineer's consultant shall perform field surveys necessary to prepare preliminary and f'mal design of the proposed improvements. The survey shall include the following: a. Establish three "satellite" points on the ground for horizontal control at each end of the project limits and one at the approximate midpoint. b. Establish vertical control points in the form of permanent bench marks or temporary bench marks that are fled to available City survey vertical control based upon USGS datum. c. Make a topographic survey of existing features that may pertain to construction activities. Features shall include, but not be limited to, telephone poles, power poles, other visible utilities located on or above the surface, fences, retaining walls, water meters, manholes, vaults, sprinkler heads, and other permanent or temporary structures. Buildings, trees, steps and other topographical features which may be of interest to the City, area residents and adjacent property owners in discussing proposed improvements shall also be located. d. Abstracting plats and properties from the Dallas County Courthouse for purposes of identifying property description, current ownership, street address and legal address of properties along Sandy Lake Road, adjacent to the proposed improvements. e. Determine the horizontal and vertical location of known and/or apparent underground utilities. In critical locations, utilities shall be uncovered by the City or the entity responsible for the utility to obtain exact City of Coppell .. Exhibit B - Scope of Services Page 3. locations. The Engineer shall coordinate with the City and the various utility companies to expose necessary utilities. f. Locate sufficient property comers throughout the project area in order to determine the limits of existing rights-of-way or easements and develop references to the proposed improvements to determine new right-of-way and/or easement requirements. g. Survey cross-sections at a maximum of 50-foot intervals of the existing roadway for use during the design and calculation of construction quantities. h. Collect available survey data relative to the adjacent drainage channel, for the areas upstream of McArthur Blvd. (a maximum of 1000 feet) for proposed channel and landscape improvements. i. Perform field surveys to collect data not otherwise obtained that is necessary for the drainage analysis. Surveys shall not extend beyond 500 feet east nor 2000 feet west of McArthur Blvd. Surveys shall be tied to existing vertical control points provided by the City based upon USGS datum. 4. Landscape Design: a. Meet with City staff to evaluate the project site for visual quality/character, scenic view corridors, existing and anticipated land use adjacent to the roadway, areas to be screened or buffered, maintenance and safety concerns, and utility easements and drainage systems. Document analytical conclusions in graphical form and prepare a summary statement of project issues, opportunities and objectives for presentation to city staff and citizen committee meetings. This work shall include Sandy Lake Road from Denton Tap to McArthur Blvd., the existing channel from McArthur Blvd. to 1000 feet west of McArthur Blvd., the McArthur Blvd. and Sandy Lake Rd. intersection and the east half of the Denton Tap Rd. and Sandy Lake Rd. intersection. b. Develop up to three alternative design concepts in plan view that are within the project budget, at a scale appropriate to adequately convey their design intent. A select number of cross-sections will be developed as needed to clearly communicate these alternatives. City of Coppell Exhibit B - Scope of Services Page 4. 5. Presentations and Public Forums: The Engineer shall attend and participate in four (4) public forums to present the conceptual design of the project to the citizens of the City. The Engineer shall prepare presentation graphics for use at the public forums as deemed necessary by the Engineer to communicate information to the public and the Engineer shall participate in the presentations as deemed appropriate by the City staff. B. PHASI~ TWO - PRRLIMINARY DESIGN 1. Water System Analysis: The Engineer shall perform a hydraulic water system analysis to evaluate the proposed water system improvements proposed under this contract. This work shall include: a. Collect data relative to the City of Coppell and City of Flower Mound water system including; water system maps, pump and storage information, existing hydraulic system models, operational criteria, condition of individual components and water lines, diurnal demand distributions for each pressure plane and other relative information deemed necessary. b. Update and edit existing hydraulic models furnished by the City to reflect existing conditions and operational criteria and update the model for new computer analyses. c. Revise demands on hydraulic model to reflect those conditions expected during construction of the 24" waterline and relocation of the 30" water main. d. Revise demands on existing pump stations for expected average day conditions and prorate performance criteria for the same. e. Incorporate the diurnal demand distribution into the hydraulic models in order to perform extended period simulations of the pressure planes. f. Finalize model by reviewing internally and with City staff information regarding pump performance and staging, on/off settings, tank elevations, pressures, capacities and line conditions of 30" transmission main. city of coppe,, Exhibit B - Scope of Services Page 5. g. Evaluate alternatives for the removal of the 30" water transmission main from service between McArthur Blvd. and Denton Tap Rd. 1. Cross-connect the City's 16" waterline at Denton Tap Rd. with the 30" City of Dallas waterline to facilitate the supply of potable water to Flower Mound on an interim basis in order to expedite the relocation of the 30" waterline within the project limits. 2. Cross-connect the City's proposed 24" waterline at Denton Tap Rd. and McArthur Blvd. with the 30" City of Dallas waterline to facilitate the supply of potable water to the City of Flower Mound on an interim basis to expedite the relocation of the 30" waterline within the project limits. 3. Installation of an in-line booster pump along the 30" transmission main to offset deficiencies in pressure or head caused by the cross- connection with the City of Coppell. 4. Cross-connect the City's system and supplement additional demand needs with the City of Lewisville's water supply. h. Prepare and present a report describing the technical approach, findings, conclusions,and recommendations for review by the City staff. The report shall include appropriate exhibits for use in presentations. 2. Hydrologic and Hydraulic Analysis: Utilizing the data collected and survey information obtained during Phase One, the Engineer shall: a. Review the available data regarding existing and proposed drainage facilities to determine location, capacities, discharges and the applicable drainage areas for each. b. Determine the drainage basins and sub-basins for the project area in question and develop storm drain discharges for current and fully developed conditions for the 5, 25, 50 and 100-year events. c. Analyze the existing drainage channel (from McArthur Boulevard 1000 feet to the west) to determine alternatives for improvements. City of Coppell Exhibit B - Scope of Services Page 6. d. Develop design alternatives for maintenance of existing conveyance capacity and aesthetic enhancements to the drainage channel from McArthur Blvd. to 1000 feet west of McArthur Blvd. Alternatives shall not include improvements to the existing drainage structure on McArthur Blvd. south of Sandy Lake Road or downstream channel improvements east of McArthur Blvd. e. Review hydrologic and hydraulic analyses performed by others and furnished by the City to familiarize and incorporate the fmdings into the above analysis. 3. Preliminary Plans: The Engineer shall prepare preliminary plans for the accepted horizontal and vertical alignment that shall include the following: a. Preliminary alignment of the proposed street improvements (4 lane and 6 lane), intersection geometry, drive approaches, median openings, horizontal curve data with beginning and ending stations and centerline geometry. b. Determine the preliminary vertical alignment of the four and six lane boulevard using actual field surveyed data to confirm conceptual design topography. Station prof'de grade on 50 foot intervals using the outside top of curb for the inside four lane design. c. Preliminary alignment of the proposed drainage improvements including approximate size and location of inlet and outlet structures, storm drain laterals, leads and inlets. d. Coordinate with City staff the horizontal and vertical location of the storm drain outfall at Moore Road to provide for extension of these facilities by the City. e. Identification of known utilities existing within the project limits and potential conflicts. The plans shall show proposed relocations of the same where owned by the City. The Engineer shall assist the City in · coordinating the relocation of franchise or other utilities not owned by the City. The Engineer shall provide preliminary roadway and city utility plans to affected utilities. City of Coppell Exhibit B - Scope of Services Page 7. f. Determine impact of street grades and storm drain improvements on the existing 30" waterline. Develop a preliminary design to lower segments of the 30" waterline to avoid conflicts. Review location of and impact that the relocation of the line has on air/vacuum release valves. Determine new location of air/vacuum valve riser pipes and possible vaults around valves. g. Evaluate location, size, and impact of thrust blocking for relocation. Determine the type of trench backfill and method for placement and testing of same. h. Evaluate alternative locations for 24" waterline considering construction phasing, maintenance, and location of air/vacuum valves. Develop horizontal and vertical alignment of the proposed 24" waterline, thrust blocking, air and vacuum valves, isolation valve locations and conflicts with other utilities during construction. The limits of design and construction for the 24" waterline will be from McArthur Blvd. to approximately 50 feet west of Denton Tap Road. i. Determine the location of existing 8" and 16" waterlines within Sandy Lake Road. Evaluate impact of proposed improvements on existing lines and develop preliminary relocation plans if necessary. j. Determine location for new fh'e hydrants per City requirements along Sandy l. ake Road. Verify horizontal and vertical grades of new fire hydrants. k. Design geometry of median openings, left mm lanes, and driveways. Consider grades on intersecting driveways and streets to provide acceptable transitions adjacent to and across Sandy lake Road. 1. Design traffic signalization layout including locations of controller cabinets and mast arms and poles for Heartz Drive and Moore Road. Conduit crossings will be designed for future signalization at the intersections of Samuel Drive and Mockingbird Lane. m. Design layout of street lighting including pole and light fixture type, spacing, pull box and transformer location for primary/secondary feed. City of Coppell Exhibit B - Scope of Services Page 8. Preliminary plans for this project shall be prepared at a scale of 1" equals 20 feet on single plan and profile sheets to such detail as is necessary to resolve appropriate issues prior to preparation of final design plans. Preliminary plans must be approved in writing by the City prior to the Engineer commencing with the preparation of final plans and contract documents. 4. Landscape Plan: a. Preliminary Design Based on the preferred alternative concept and written authorization from the City to proceed, the Engineer will undertake preliminary design on the selected improvements in order to refine the concepts and establish reliable estimates of Probable Construction Costs. - Using appropriate scaled plan sheets, prepare a schematic landscape plan for Sandy Lake Road. The drawings, to be preliminary in nature, will illustrate in plan and section the Engineer's recommendations for plantings, lighting, walkways and landscape berming within the boulevard rights-of-way. Cost variables will include quantity, type and size of trees, and inclusion/exclusion of landscape features. The plans will be accompanied by suggested budgets for the landscape development. The preliminary design plans, details, and projected costs will be presented to, and discussed with, the City staff. Any design refinements necessary prior to public presentation will be identified. Following review by City staff, presentation at a public meeting, and approval of the Schematic Design by the City, the selected concept will be refined to show the following: · locations, dimensions and materials for special paving location; · light fixture type, size and location; · location, type and spacing for plant materials; · location for berm grading and retaining wall screening. City of Coppell Exhibit B - Scope of Services Page 9. b. Irrigation Design (1) Coordinate with City staff as to styles and models of irrigation equipment, location of controllers, sprinkler heads, double check valves, metering, etc. to establish design guidelines for this project. Identify preferred system components and manufacturers. Consider: · Turf grass rotor locations and type. · Turf spray head locations and type. · Subsurface/drip applications in shrub/ground cover beds. · Supplemental tree irrigation. · Style and method of solenoid valve installation. · Use of soil moisture sensors, rain sensors, and temperature. · Style of PVC pipe make-up system. (2) Develop a conceptual plan of the overall area which illustrates the location of points of connection to existing water supply lines and electrical service. (3) Coordinate with City staff and Landscape Architect those areas requiring irrigation initially and those areas where future irrigation is desired. Determine location of future sleeves/conduit to facilitate expansion of irrigation system. (4) Calculate typical water consumption and the cost of such for the project area based on planting design. (5) Coordinate with franchise utility to obtain power sources to run controller and valves, location of secondary power feeds. City of Coppell Exhibit B - Scope of Services Page 10. 5. Geotechnical Investigation: The Engineer shall retain the services of a qualified geotechnical engineering firm to obtain soil borings and perform the laboratory analyses of the samples obtained to facilitate the determination of the general characteristics and classification of the soil in the project area. The geoteclmical engineer shall prepare a report recommending any special requirements for excavation or embedment of below ground/underground structures, foundation requirements for underground structures if a part of the proposed improvements and soil/rock classification for use by contractors during the bidding phase of the project. a. Identify geotechnical bore locations by centerline station offset and elevation at existing ground adjacent to the edge of hole. b. Drill 20 borings to 20-foot depth (one boring per 500 linear feet of roadway). Verify existing utility locations prior to drilling. · Backfill/patch bore holes at completion. c. Laboratory Investigation will include: · 120 Moisture content and laboratory classifications; · 20 Atterburg Limits; · 5 Lime Series; · 1 Sulfate test per bore hole to check for lime-induced heaving potential; · Unconfined compressive strength tests; · Unconsolidated Undrained Direct Shear tests for trench cut/stability considerations, and; · Unit weight determinations. d. Engineering Analysis and Report: · Provide summary of subsurface conditions; · lh'ovide recommendation for the optimum lime concentration for subgrade stabilization; · Comment on sulfate content testing and special recommendations for subgrade treatment to prevent the potential for lime-induced heaving; · Provide recommendations for a temporary mad (approximately 1-year life with no heavy trucks) during road construction - activities; City of Coppell Exhibit B - Scope of Services Page 11. Provide trench backfill methodology, compaction, and placement comments; and, · Provide four copies of the report. 6. Preliminary Cost Projection: The Engineer shall prepare and present to the City along with the Preliminary Plans a preliminary cost projection for construction of the proposed improvements. The Engineer's cost projection shall be based upon the most recently available cost data for projects of a similar nature and scope and the professional judgment of the Engineer. The cost projection shall not be considered a guarantee of the construction cost of the project or the bids that may be received on the project nor shall the cost projection contain any allowance for costs associated with the acquisition of rights-of-way and/or easements for the construction. 7. Presentations and Public Forums: The Engineer shall attend and participate in two (2) public forums to discuss the preliminary design of the project with the City Council, citizens and/or interest groups of the City. The Engineer shall prepare presentation graphics for use at the public forums as deemed necessary by the Engineer to communicate information to the public. The Engineer shall participate in the presentations as deemed appropriate by the City staff. 8. City Review: Upon completion of the preliminary plan documents, the Engineer shall present two complete sets of the design documents to the City staff for review. Upon completion of the f'mal review by the City, the Engineer shall review the City's comments and incorporate the appropriate changes into the f'mal design. For review purposes the Engineer shall submit two (2) copies of the plans to the City. These will be reviewed and checked by the City and one (1) copy returned to the Engineer with the desired changes noted. Each set of plans shall be stamped "Preliminary" and dated by the Engineer. 9. Contract Time: The Engineer shall deliver the preliminary plans to the City for review in a maximum of six (6) months and the City shall allow a minimum of five (5) months for completion of the same. Said time of delivery shall commence upon written acceptance of the conceptual design and shall be exclusive of the time necessary for interim reviews by the City. City of Coppell Exhibit B - Scope of Services Page 12. C. PHASE THItRR - FINAL DF, SIGN 1. Survey - Rights-of-Way: The Engineer shall prepare the necessary easement and/or fight-of-way documents for the proposed alignment to be utilized during acquisition. These easements shall be prepared for each parcel and shall include the following: a. Survey side bearing lines of properties for purposes of closure on fights- of-way takes. b. Rights-of-way and Easement Determination: The Engineer shall survey, render field notes, and prepare plans and individual exhibits for additional fights-of-way and permanent and/or temporary construction easements needed. Rights-of-way and Easement plans shall include the following: (1) Location of existing property pins found referenced by station and offset from the street centerline. (2) Location of easement limits either by station and offset from the street centerline or by offset distance from an existing property line. (3) Area of fights-of-way or easement required. (4) Parcel number. (5) Lot and block of subdivision or tract and survey identification of the parcel. (6) Name and street address of the last known owner according to the current tax roles of the City. (7) Limits of existing easements and/or fights-of-way. (8) The above information shall be presented on 8-1/2" x 11" paper for each parcel to be acquired and shall also be sealed by a Registered Professional Land Surveyor. City of Coppell F_,xhibit B - Scope of Services Page 13. The Engineer shall submit above rights-of-way and easement information after approval of the Preliminary Plans in order to allow the City sufficient time to acquire said rights-of-way and/or easements prior to commencement of construction. Upon notification of acceptance of the rights-of-way and easement plans and exhibits by the City, the Engineer shall locate and mark in the field the limits of the proposed rights-of-way and/or easements in a manner sufficient for the property owners to identify same. 2. Final Plans and Contract Documents: Upon acceptance of the preliminary plans by the City, the Engineer shall prepare fmal plans and contract documents suitable for the advertisement and receipt of bids for construction of; relocation of the 30" waterline, 24" waterline, major utility adjustments, storm drainage system, paving, lighting, sidewalks, landscaping and irrigation. The final design submittal shall include the following: a. Cover sheet with location map. b. Plan and profile sheets of the relocation of the City of Dallas 30" water line and the 24" water line improvements prepared on single plan and prof'fle sheets at a scale of 1 inch equals 20 feet (horizontal) and 1 inch equals 2 feet (vertical). c. Water and sanitary sewer relocation plans prepared on separate plan and profile sheets at a scale of 1 inch equals 20 feet (horizontal) and 1 inch equals 2 feet (vertical). d. Plan and profile sheets of paving and drainage improvements prepared on single plan and profile sheets at a scale of 1 inch equals 20 feet (horizontal) and 1 inch equals 2 feet (vertical). e. Drainage area map indicating drainage facilities with size of proposed structures, area discharges, times of concentration and acreage of drainage areas. f. Drainage computation sheet reflecting hydrologic and hydraulic calculations for the proposed improvements. g. Grading plans showing critical spot grades and cross sections of proposed earth berms showing the size and shape of such berms, and other information required for implementation of the grading plan. · City of Coppell Exhibit B - Scope of Services Page 14. h. Planting plans to locate and identify items of plant material to be used. A plant list, including quantity, size and variety of materials, will appear on the drawing. i. Technical specifications not included in the standard specifications. j. Irrigation: (1) Irrigation design plan sheets indicating sprinkler head placement, sleeving for water and wire routes, pipe routing and sizing, controller locations, valve assignments to a controller, system isolation valves and other miscellaneous items which convey the ultimate final working product. (2) Irrigation component assembly details. (3) System programming schedules indicating mn times to apply 1" of water. (4) Technical specifications for irrigation. k. Traffic signalization plans including detector loops, controller cabinet locations, mast arm and pole locations, phasing diagrams and appropriate details for the intersections of Heartz and Moore Rd. The plans shall include dry conduit crossings for future signalization at the secondary intersections of Samuel and Mockingbird Lane. 1. Street lighting plans including pole and light fixture type, spacing, foundation, conduit size and location, pullbox and transformer locations for primary/secondary electrical feeds. m. Miscellaneous non-standard details and typical sections shall be included in the plans. Standard details provided by the City shall be incorporated as furnished upon review by the engineer and shall not be computer generated nor modified as part of the basic services included under this contract. n. Contract documents including notice to bidders, instructions to bidders, form of proposal, standard payment, performance and maintenance bonds, standard form of agreement, special provisions, special City of Coppell Exhibit B - Scope of Services Page 15. specifications and standard details. The Engineer shall prepare the contract documents utilizing the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction, including the general conditions of agreement. Technical Specifications shall be based on State Department of Highways and Public Transportation (SDHPT) and NCTCOG. o. Provide construction control points approximately every 800' or the nearest side street. Control points will be set outside of the limits of proposed construction. p. The final design plans and contract documents shall be sealed and signed by a Professional Engineer, Registered Landscape Architect and Irrigator licensed by the State of Texas. q. The fmal design plans shall be prepared on Autocad Release 11 or greater utilizing the Engineer's standard layering system. Special specifications for Autocad production of plans shall be incorporated in the project as part of the basic services at the Engineer's discretion. Customization of the Engineer's standard layering system shall be considered as additional services to the contract. 3. Final Cost Pro_iection: The Engineer shall prepare and present to the City along with the final plans and contract documents a final cost projection for construction of the proposed improvements. The Engineer's cost projection shall be based upon the most recently available cost data for projects of a similar nature and scope and the professional judgment of the Engineer. The cost projection shall not be considered a guarantee of the construction cost of the project or the bids that may be received on the project. 4. City Review: Upon completion of the final plans and contract documents, the Engineer shall present two complete sets of the construction documents to the City staff for review. Upon completion of the final review by the City, the Engineer shall review the City's comments and incorporate the appropriate revisions into the fmal documents prior to the bidding phase. For review purposes the Engineer shall submit two (2) copies of the plans and specifications to the City. These will be reviewed and checked by the City and two (2) copies returned to the Engineer with the desired conv, ctions noted. Two (2) complete sets of the corrected copies shall be returned to the City City of Coppell Exhibit B - Scope of Services Page 16. along with one (1) copy of the original review plans and specifications. Each set of plans shall be stamped "Preliminary" and dated by the Engineer until the fmal approval of the plans by the City, whereupon the word "Preliminary" shall be omitted and the plans shall be stamped "Final" on the cover sheet and dated by the Engineer. 5. Utility Coordination: The Engineer shall distribute to utility companies, including but not limited to, franchised utilities and pipeline companies which have facilities within the limits of the Project, construction plans for the Project. The above mentioned construction plans shall consist of the following: One set of approved and dated conceptual plans One set of approved and dated preliminary plans One set of approved and dated "fmal plans." The Engineer shall obtain from the utility companies, their best estimate of time required for any necessary relocations and provide the City with the same. The Engineer shall coordinate with the utility companies any proposed improvements, either on the surface, below the surface, or above the surface, that may be affected by the Project. This will include, but not be limited to franchised u 'ttlities, City of Flower Mound, City of Dallas Water Utilities, County of Dallas and pipeline companies, which have facilities within the limits of the Project. The Engineer will indicate on the fmal plans said proposed improvements both on plan and profile. The Engineer shall not be responsible for acting as the City's representative during such coordination and shall serve strictly as a liaison between the utilities and the City for the purposes of such activities. 6. Contract Time: The Engineer shall deliver the final plans to the City for review in a maximum of six (6) months and the City shall allow a minimum of five (5) months for completion of the same. Said time of delivery shall commence upon written acceptance of the preliminary design and shall be exclusive of the time necessary for interim reviews by the City. City of Coppell Exhibit B - Scope of Services Page 17. D. PHASE FOUR - BIDDING 1. Advertisement for Bids: The Engineer shall, upon approval of the f'mal plans and contract documents, prepare the construction documents for advertisement and bidding. The Notice to Bidders shall be submitted to the Purchasing Department for submittal to the newspaper of record of the City for publication to advertise bids to be received on a date acceptable to the City. Upon determination of the bid date, the Engineer shall print forty (40) sets of the final construction documents, forward copies of the construction documents to a maximum of four (4) local contractor organizations to be placed on file and be responsible for the issuance of sets of documents to interested contractors from the Engineer's office. The City shall be furnished three sets of f'mal documents for use by the staff and placement on file with the Purchasing Agent during the bidding process. All costs for printing of final bid documents shall be the responsibility of the Engineer. Engineer shall retain all receipts from the issuance of contract documents to interested contractors. Additional copies will be printed at the request of the City as a . reimbursable expense. 2. Opening of Bids: The Engineer shall attend the bid opening and assist in the receipt and opening of bids if desired by the City staff. Upon completion of the opening of bids the Engineer shall retain the bid documents for the purposes of tabulation and evaluation of the bids. The contract documents shall require bids be submitted in duplicate by the contractor. 3. Bid Tabulation and Recommendation of Award: The Engineer shall tabulate the bids received to verify the low bid and other bids and shall review the experience and qualifications of the low bidder to ascertain the ability of the contractor to adequately perform the work proposed. Upon review of the low bidder's experience, qualifications, bid submitted and bonds, the Engineer shall make a written recommendation of award of the contract, complete with a tabulation of the bids, to the City for consideration by the staff and City Council. 4. Preo~tion of Contract Documents: Upon award of the contract, the Engineer shall furnish and prepare six sets of contract documents for execution by the contractor and City. The Engineer shall forward said documents to the contractor for execution and insertion of bonds and when returned the Engineer shall review the documents for completion and compliance with the City of Coppell ·. Exhibit B - Scope of Services Page 18. requirements of the contract prior to forwarding the documents to the City for execution. E. CONSTRUCTION ADMINISTRATION 1. Pre-Construction Conference: The Engineer shall participate in a pre- construction conference with representatives of the City, the contractor and necessary utility companies. The purpose of this conference shall be to establish the conditions under which the work will be performed, identify the individuals involved in the construction and construction administration, the utility company representatives and others that may be involved, determine the construction schedule and develop a working relationship early in the project. 2. Construction Observation: The Engineer shall make periodic visits to the project site to observe the general progress and character of the work in progress and determine in general if construction is proceeding in accordance with the Construction Documents. The basic services of this contract shall include a maximum of one visit per week to the project site during construction at an average of three hours per visit. 3. Other Construction Services: a. The Engineer shall be available to provide interpretation of the plans, review of shop drawings and submittals when desired by the City, and review of periodic pay requests by the Contractor. The City shall have primary responsibility for the review of shop drawings, submittals and periodic pay requests and shall only require the services of the Engineer on a limited basis. b. The Engineer shall be available to review plant material photographs provided by the contractor. Any professional services rendered at the request of the City in the field selection of plant material shall be considered additional services. c. The Engineer shall locate and/or re-establish major construction control points and limits of the easements in the field prior to commencement of construction in a manner adequate for use by the Contractor. The Contractor will be responsible for staking the separate aspects of the project during the construction phase of the project and/or re-establishing the control points if disturbed or destroyed. City of Coppell Exhibit B - Scope of Services Page 19. 4. Final Punch List and Recommendation of Acceptance: Upon substantial completion of construction, the Engineer shall participate in a final walk- through and punch list of the project to assist in developing a list of deficiencies to be corrected by the contractor prior to final acceptance. Upon completion of the punch list, the Engineer shall recommend acceptance of the project in writing to the City staff. 5. ~c0rd Drawings: The Engineer shall prepare a reproducible set of drawings of the project reflecting the contractors construction records. Upon completion of the drawings, the Engineer shall review the same and forward one set of reproducible record drawings to the City staff. 6. Set Property Comers: At the end of construction, and in accordance with state law, set new property comers of acquired right-of-way with iron pins. F. ADDITIONAL SERVICES 1. Additional Meetings - City Staff: The Engineer shall attend on average, one meeting per month for the duration of design phase work (anticipated to be 18 months), in all a maximum of eighteen (18) meetings. The Engineer and City agree that a minimum of fifty percent (50%) of the meetings shall be held at the offices of the Engineer. Should additional meetings be requested by City staff, the Engineer shall attend and participate in and be compensated for on a, per each meeting, lump sum basis. 2. Sandy Lake Road and Moore Drive Intersection: The Engineer shall breakout final plans and develop contract documents for the intersection of Sandy Lake Road and Moore Drive from the end of the left turn lanes of each street to include paving, drainage, existing and proposed utilities and signalization upon request by the City. These services shall be considered as additional services under this contract. City of Coppell Exhibit B - Scope of Services Page 20. REVISIONS TO PLANS AND SPF. CIFICATIONS The Engineer shah be responsible for the professional quality, technical accuracy, and the service furnished under this Service Contract. The Engineer shah, without additional compensation, correct or revise any errors or deficiencies in such goods, services and instruments of service. Neither the City's review, approval or acceptance of, nor payment for, any of the work shah be construed to operate as a waiver of any fights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Engineer shah be and remain liable to the City in accordance with applicable law for damages to the City caused by any defects or deficiencies in the work or Engineer's negligent performance of the Work. The fights and remedies of the City under this Agreement are in addition to any other - fights and remedies provided by law. The City reserves the fight to direct substantial revision of the plans, special provisions, and specifications after due approval by the City as City may deem necessary, but in such event the City shall pay the Engineer just and equitable compensation for services, rendered in making such revisions. In any event, when the Engineer is directed to make substantial revisions under this Section of the Contract, the Engineer shah provide to the City a written proposal for the entire costs involved in providing the City a completed set of plans and specifications including special provisions and the time required to complete the various phases involved in the revisions. Prior to the Engineer undertaking any substantial revisions as directed by the City, the City must authorize in writing the nature and scope of the revisions and accept the method and amount of compensation and the time involved in ah phases of the work. We are aware of the potential impacts of All-ways Alternate transportation plan. We will consider possible impacts, however, any design revisions as a result will be grounds for additional compensation. r EXHIBIT C COMPENSATION TO E_NGIN~.~-R AND TIME FOR COMPLETION ' ' A. PHASE ONE - CONCEPTUAL PLAN Basic Services - For all services listed in the Scope of Services for Phase One, Item 1 through Item 4, the City shah pay the Engineer a lump sum fee of $107,050.00. These fees shall be divided as follows: General Fund $88,025.00, Water Fund $19,025.00. Reimbursable Services - For the services listed in the Scope of Services for Phase One, Item 5, the City shall reimburse the Engineer for attendance at four (4) public meetings at the rate of $2,000.00 per meeting, for a total of $8,000.00. Should the City request the attendance by the engineer at additional public meetings, the Engineer shall be compensated on a per meeting basis at the rate of $2,000.00 each. Said compensation shall be full payment for preparation for and attendance at said meetings. Schedule of Services - Upon written authorization to proceed, the Engineer shall complete all Phase One services and be prepared for public meetings within four ' (4) months. This schedule assumes timely review by city staff and availability of data necessary to complete Phase One services. B. PHASE TWO - PR~.I.nVIINARY DESIGN Basic Services - For all services listed in the Scope of Services for Phase Two, except Item 7, the City shall pay the Engineer a lump sum fee of $195,640.00. These fees shall be divided as follows: General Fund $152,840.00, Water Fund $42,800.00. Reimbursable Services - For the services listed in the Scope of Services for Phase Two, Item 7, the City shall reimburse the Engineer for attendance at two (2) public meetings at the rate of $2,000.00 per meeting, for a total of $4,000.00. Should the City request the attendance by the engineer at additional public meetings, the Engineer shall be compensated on a per meeting basis at the rate of $2,000.00 each. Said compensation shall be full payment for preparation for and attendance at said meetings. Schedule of Services - Upon written approval of the Conceptual Plan and authorization to proceed, the Engineer shall complete all Phase Two services and submit Preliminary Plans for review within a maximum of six (6) months and shall be allowed a minimum of five (5) months for the same. This schedule assumes timely scheduling of public forums and timely performance of City reviews. r City of Coppell ·. F_xhibit C - Compensation to Engineer · Page 2. C. PHASE THRg~g. - FINAL DESIGN Bask Services - For all services listed in the Scope of Services for Phase Three, except Item 1, the City shall pay the Engineer a lump sum fee of $252,913.00. These fees shall be divided as follows: General Fund $190,113.00, Water Fund $62,800.00. Reimbursable Services - For the services listed in the Scope of Services for Phase Three, Item 1, the City shall reimburse the Engineer for preparing thirty-five easement and/or right-of-way parcel descriptions $680.00 per each parcel, for a total of $23,800.00. Should it be determined by the Engineer and approved by the City that additional parcel surveys and descriptions are necessary, they shall be prepared and the Engineer reimbursed a total compensation of $680.00 per parcel. · Schedule of Services - Upon written approval of the Preliminary Plans and authorization to proceed, the Engineer shall complete all Phase Three services and , submit Final Plans and Contract Documents for review within a maximum of six (6) months and shall be allowed a minimum of five (5) months for the same. This schedule assumes timely performance of City reviews. Following the f'mal review by the City, the Engineer shall complete all necessary corrections within 3 weeks and prepare the final construction documents for bidding. D. PHASE FOUR- BIDDING Basic Services - For all services listed in the Scope of Services for Phase Four, the City shall pay the Engineer a lump sum fee of $6,500.00. These fees shall be divided as follows: General Fund $4,500.00, Water Fund $2,000.00. Schedule of Services - Due to the nature of the bidding phase of a project, no time limitation of the Engineer's services shall be identified herein. E. PHASE FIVE - CONSTRUCTION ADMINISTRATION · Basic Services - For all services listed in the Scope of Services for Phase Five, except Item 6, the City shall pay the Engineer a lump sum fee of $73,897.00. These fees shall be divided as follows: General Fund $50,522.00, Water Fund $23,375.00. City of Coppell ,. Exhibit C - Compensation to Engineer · ~ Page 3. Reimbursable Services - For the services listed in the Scope of Services for Phase Five, Item 6, the City shall reimburse the Engineer for setting thirty-five easement and/or right-of-way parcel comers at a cost of $20.00 per each parcel comer, for a total of $700.00. Should it be determined by the Engineer and approved by the City that additional parcel comers be set, they shall be set and the Engineer reimbursed a total compensation of $20.00 per parcel comer. Schedule of Services - Due to the nature of the construction phase of a project, no time limitation of the Engineer's services shall be identified herein. F. ADDITIONAL SERVICE3 Additional Meetings with City Staff- The engineer shall attend a maximum of eighteen (18) meetings with City Staff as a part of the basic services identified above. Should the City request additional meetings with the Engineer, the Engineer shall be compensated on a per meeting basis at the rate of $800.00 each. Said compensation shall be full payment for preparation for and attendance at said meetings with the stipulation that a minimum of fifty percent (50%) of said meetings shall be at the offices of the Engineer. Sandy Lake Road and Moore Drive Intersection - The Engineer shall, at the request of the City, prepare an independent set of contract documents for the construction of the paving, drainage, utility relocation and signalization improvements at the intersection of Sandy Lake Road and Moore Drive. The Engineer shall be compensated for such services on a lump sum basis for a total of $10,000.00. I