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ST9302-AG 930622AGENDA REQUEST FORM ufr~ COUNCIL ITEM ~!~ ITEM CAPTION: Discussion and consideration for authorization to enter into a design contract, scope of services and compensation plan with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $672,$00.00 ($502,500.00 general fund and $170,000.00 water revenue account) and authorization for the Mayor to sign. STAFF REP.: OTHER REP.: DATE: K~n~h M. C~.ty Engineer EVALUATION OF ITEM: See attached memo. AMT. +/- BUDGET MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., City Engineer Date: June 22, 1993 RE: Discussion and consideration for authorization to enter into a design contract with Rady and Associates for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of $672,500 ($502,500 general fund and $170,000 water revenue accoun0 and authorization for the Mayor to sign. At the April 13, 1993 City Council meeting, staff was given approval to begin the selection of a consultant for the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road. A Panel consisting of Gary Sieb, Director of Planning; Steve Goram, Director of Public Works; Jim Ragsdill, Purchasing Agent; Mike Martin, Graduate Engineer and Ken Griffin, City Engineer was assembled to review the eighteen (18) Request for Qualifications submittal. From that list, four firms were selected for interview by the Panel. After the interview of the personnel of the four most qualified firms, the Panel selected Rady and Associates Inc., to begin negotiations with. At the first meeting, a specific Scope of Services was arrived at. At the next meeting, the Scope of Service was reviewed and the design fee was presented. Based on the initial Scope of Service, the design fee was $975,210. It was the Panel's opinion that this fee was unacceptable and that possibly we should revisit the Scope of Services. Several things were changed from the initial Scope of Services to the current Scope of Services to reduce the consulting fee: 1) The phasing of the project was eliminated. Initially the project was going to be bid as a water line construction, street construction and then landscaping. This would necessitate three sets of plans, three sets of erosion control plans, three sets of traffic control plans, plus three separate bidding and award of bids. The elimination of the phasing eliminated $68,620 from the design fee. 2) Rady and Associates was unaware that we had extensive standard details to be utilized on the construction project and that they would only need to design specific details peculiar to this project. The elimination of the standard details eliminated $40,000 from the design fee. 3) It was decided that if the project was bid as one project, then the general contractor would be responsible for his own traffic control plan and his own erosion control plan. This is beneficial to the contractor because he can design his plan around materials he might have on hand at his construction yard. The elimination of the design of those two items eliminated $83,640 from the design fee. However, by shifting that to the contractor there will still come a point in time when the City will be paying for those two plans. 4) The scope of the channel landscaping at the southwest comer of MacArthur and Sandy Lake was reduced and the design of a gateway entrance was eliminated because it is not part of this project. Those two items eliminated $27,000 from the design fee. 5) There was a reduction in the number of public meetings. It is staff's opinion that there could be an extensive number of public meetings. We have reduced the number of public meetings in the base bid and have had Rady and Associates provide a per meeting price if we exceed the current meetings in the base contract. This eliminated $12,000 from the design fee. 6) Rady and Associates reviewed our water and sewer study and decided that approximately $10,000 could be eliminated from the design fee because of information the City currently has on hand. All of the above items totaled together is approximately $241,260 eliminated from the Scope of Services and/or the design fee. The remaining $61,450 was cut from their fee by simply reducing the fee and by allowing for the City to have approximately one-half of the staff meetings at their office where ail the information is and by putting specific time tables on the design that allows them to allocate their manpower more efficiently in the design of the project. The Panel has reviewed the Scope of Services and has found it to be very detailed and comprehensive of the task at hand. The Panel has reviewed the attached Scope of Services and has negotiated quite diligently with Rady and Associates in the amount of the fee and it is the Panel's opinion that the current fee is an acceptable fee for the Scope of Services. The Panel recommends that the City approve this design contract with Rady and Associates in the amount of $672,500 and will be available to answer any questions at the City Council meeting. EXItlBIT B SCOPE OF SERVICES SANDY LAKE ROAD 24" WATER LINE A. PHASE ONE - CONCEPTUAL PLAN 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: Develop the horizontal and vertical alignment of Sandy Iake 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 aIignment 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 ouffall 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 f'mal geometry. City of Coppell Preliminary Scope of Services Page 2. Meet with City staff to determine areas of conflict between alignment geometry and right-of-way needs. Make final presentation to staff on the conceptual plan layout for ultimate six lane and four lane design. Obtain in writing from Owner acceptance of the Conceptual Design and directive to proceed with Preliminary Design. 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. ~ 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 pel'~ain 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 uwners 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 Iake 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 Copper Preliminary Scope of Services Page 3. ho locations. The Engineer shall coordinate with the City and the various utility companies to expose necessary utilities. Locate sufficient property comers throughout the project area in order to determine the limits of existing fights-of-way or easements and develop references to the proposed improvements to determine new right-of-way and/or easement requirements. Survey cress-sections at a maximum of 50-foot intervals of the existing roadway for use during the design and calculation of construction quantities. 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. 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. 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, mainteaance and safely 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 McARhur Blvd., the existing channel from McArthur Blvd. to 1000 feet west of McArthur Blvd., the McArthur Blvd. and Sandy Iake Rd. intersection and the east haft of the Denton Tap Rd. and Sandy lake Rd. in~rsection. 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 Copp~ll Preliminary Scope of Services Page 4. Presentations and Public Forums: The Engineer shall attend and participate in a maximum of 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 necessapj 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. PHASE TWO - PRgI.IMINARY DESIGN Hydrolo~,ic and Hydraulic Analysis: Utilizing the data collected and survey information obtained during Phase One, the Engineer shall: Review thc available data regarding existing and proposed drainage facilities to determine location, capacities, discharges and the applicable drainage areas for each. 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 evems. Analyze the existing drainage channel (from McArthur Boulevard 1000 feet to the west) to determine alternatives for hnprovements. 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 McA~hur Blvd. south of Sandy Lake Road or downstream channel improvements east of McArthur Blvd. Review hydrologic and hydraulic analyses performed by others and furnished by the City to familiarize and incorporate the findings into the above analysis. The Engineer shaU prepare preliminary plans for the accepted horizontal and vertical alignment that shall include the following: Preliminary alignmem of the proposed street improvemems (4 lane and 6 lane), intersection geometry, drive approaches, metlian openings, City of Coppell Preliminary Scope of Services Page 5. do fo ho horizontal curve data with beginning and ending stations and centerline geometry. Determine the preliminary vertical alignment of the four and six lane boulevard using actual field surveyed data to confu'm conceptual design topography. Station profile grade on 50 foot intervals using the outside top of curb for the inside four lane design. Preliminary alignment of the proposed drainage improvements including approximate size and location of inlet and outlet structures, storm drain laterals, leads and inlets. Coordinate with City staff the horizontal and vertical location of the storm drain ouffall at Moore Road to provide for extension of these facilities by the City. 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 relootion of franchise or other utilities not owned by the City. The Engineer shall provide preliminary roadway and city utility plans to affected utilities. 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. Evaluate location, size, and impact of thrust blocking for relocation. Determine the type of trench backlVfll and method for placement and testing of same. 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 City of Coppell Preliminapj Scope of Services Page 6. ko construction for the 24" waterline will be from McArthur Blvd. to approximately 50 feet west of Denton Tap Road. 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. Determine location for new fire hydrants per City requirements along Sandy Lake Road. Verify horizontal and vertical grades of new fire hydrants. Design geometry of median openings, left turn lanes, and driveways. Consider grades on intersecting driveways and streets to provide acceptable transitions adjacent to and across Sandy Lake Road. Design traffic sigpali?ation layout including locations of controller cabinets and mast arms and poles for Heartz Drive and Moore Road. Conduit crossings will be designed for future sigpalization 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: Preliminary plans for this project shall be prepared at a scale of 1" equals 20 feet on single plan and profde 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. 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. City of Coppell Preliminary Scope of Services Page 7. 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. 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. · Tuff 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 soft moisture sensors, rain sensors, and temperature. City of Coppell Preliminary Scope of Services Page 8. (2) · Style of PVC pipe make-up system. 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 T andscape 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 mn controller and valves, location of secondary power feeds. Geotechnical Investieation: The Engineer shall retain the services of a qualified geotechaical 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 geotechnical engineer shall prepare a report recommending any special requkements for excavation or embedment of below ground/underground structures, foundation requirements for underground structures if a part of the proposed improvements and mil/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. Backfdl/patch bore holes at completion. Laboratory Investigation will include: · 120 Moisture content and laboratory classifications; · 20 Atterburg l~imits; · 5 Lime Series; City of Coppeil Preliminary Scope of Services Page 9. · 1 Suffate test per bore hole to check for lime-induced heaving potential; · Unconfmed 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; Provide recommendation for the optimum lime concentration for subgrade stabilization; Comment on suffate content testing and special recommendations for subgrade treatment to prevent the potential for lime-induced heaving; Provide recommendations for a temporary road (approximately 1-year life with no heavy trucks) during road construction activities; Provide trench backfdl methodology, compaction, and placement comments; and, Provide four copies of the report. Preliminary_ Cost Proiection: 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 colatain any allowance for costs associated with the acquisition of rights-of-way and/or easements for the construction. Presentations and Public Forums: The Engineer shall attend and participate in a maximum of 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. City of Coppell Preliminary Scope of Services Page 10. 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 finai 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. Ench set of plans shall be stamped "Preliminary" and dated by the l~agineer. on_C_q_~L~xt_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. C. PHASE TI-Lgg. g~ - FINAL DESIGN urve - Ri h s- f-Wa: The Engineer shall prepare the necessary easement and/or right-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: Survey side bearing lines of properties for purposes of closure on rights- of-way takes. Rights-of-way and Easement Detennination: The Engineer shall survey, render field notes, and prepare plans and individual exhibits for additional rights-of-way and Permanent and/or temporary construction easements needed. Rights-of-way and Basement 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 mm the street centerline or by offset distance from an existing property Frae. City of Coppell Preliminary Scope of Services Page 11. (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 casements 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. The Engineer shall submit above fights-of-way and easement information after approval of the Preliminary Plans in order to allow the City sufficient time to acquire said fights-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 fights-of-way and/or easements in a manner sufficient for the property owners to identify same. Final Plans and Contract Documents: Upon acceptance of the preliminary plans by the City, the Engineer shall prepare final 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 f'mal design submittal shall include the following: a. Cover sheet with location map. Plan and profile sheets of the relocation of the City of D'allaa 30" water line and the 24' water line improvements prepared on single plan and profile sheets at a scale of 1 inch equals 20 feet (horizontal) and I inch equals 2 feet (vertical). City of Coppell Preliminary Scope of Services Page 12. 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 (verdcal). 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. ho 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. 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. Technical specifications not included in the standard specifications. 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 detail.q. (3) System progranuning schedules indicating run times to apply 1" of water. (4) Technical specifications for irrigation. City of Coppell Prelhninary Scope of Services Page 13. no Traffic signalization plans including detector loops, controller cabinet locations, mast ann 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. Street lighting plans including pole and light fixture type, spacing, foundation, conduit size and location, pulibox and transformer locations for primary/seconda~ electrical feeds. Miscellaneous non-standard details and typical sections shall be included in the plans. Standard details provided by the City shall be incoq~orated 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. 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 specifications and standard details. The Engineer shall prepare the contract documents utilizing the North Central Texas Council of Govenunents (NCTCOG) Standard Specifications for Public Works Construction, including the general conditions of agreement. Technical Specifications shall be based on State Depamnent of Highways and Public Transportation (SDHlYr) 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. qo The f'mal design plans shall be prepared on Autocad Release 11 or greater utilizing the Engineer's standard hyering system. Special specifications for Autocad production of plans shall be incoqoorated 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. City of Coppell Preliminary Scope of Services Page 14. Final~ 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. ~ 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 corrections noted. Two (2) complete sets of the corrected copies shall be returned to the City along with one (1) copy of the original review plans and specifications. F_ach 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. ~ 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 "final 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 City of Coppell Preliminary Scope of Services Page 15. 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 utilities, 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 fmai 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 liason between the utilities and the City for the purposes of such activities. ~ 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. Do PHASE FOUR - BIDDING 1. ~l~llL~lLLqL~fiO~ 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 trmal documents for use by the staff and placement on f'fle 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 alt 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. ~ 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 City of Coppell Preliminary Scope of Services Page 16. pu~oses of tabulation and evaluation of the bids. The contract documents shall require bids be submitted in duplicate by the contractor. Bid Tal~ulation 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. Preoarafion 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 requirements of the contract prior to forwarding the documents to the City for execution. E. CONSTRUCTION ADMINISTRATION 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. 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 shah include a maximum of one visit per week to the project site during construction at an average of three hours per visit. City of Coppell Preliminary Scope of Services Page 17. 3. O~her Construction Services: o ao 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. bo 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. Co 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. 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. 1]~9~12I~ 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 ~producible record drawings to the City staff. ~ At the end of construction, and in accordance with state law, set new property comers of acquired right-of-way with iron pins. City of Copper Preliminary Scope of Services Page 18. F. ADDITIONAL SERVICES Additional Meetings - City Council and/or Citizen Committees: The Engineer shall attend and participate in a maximum of six (6) public forum meetings, as part of the basic services, to present design concepts and consideration to the City Council and Citizenry Committee. Should additional public forum 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. 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 approximately 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. 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 mm lanes of each street to include paving, drainage, existing and proposed utilities and signali?afion upon request by the City. These services shall be considered as additional services under this contract. ~ Upon request of the City, 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. 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. City of Coppell Preliminary Scope of Services Page 19. go ho Revise demands on hydraulic model to reflect those conditions expected during construction of the 24" waterline and relocation of the 30" water main. Revise demands on existing pump stations for expected average day conditions and prorate performance criteria for the same. Incorporate the diurnal demand distribution into the hydraulic models in order to perform extended period simulations of the pressure planes. 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. Evaluate alternatives for the removal of the 30" water transmission main from service between McArthur Blvd. and Denton Tap Rd. 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. 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. Installation of an in-line booster pump along the 30" transmi.qsion main to offset deficiencies in pressure or head mused by the cross- connection with the City of CoppeR. 4. Cross-connect the City's system and supplement additional demand needs with the City of Lewisville's water supply. Prepare and present a report describing the technical approach, fmdings, conclusions,and recommendations for review by thc City staff. The report shall include appropriate exhibits for use in prese~va0ons. City of Coppell Preliminary Scope of Services Page 20. REVISIONS TO PLANS AND SPECIFICATIONS The Engineer shall be responsible for the professional quality, technical accuracy, and the service furnished under this Service Contract. The Engineer shall, 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 shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Engineer shall 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 rights and remedies of the City under this Agreement are in addition to any other rights and remedies provided by law. The City reserves the right 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 shall 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 pmvisiuns and the time required to complete the various phases involved in the revisions. Prior to the Engineer undemking 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 all 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. City of Coppell Preliminary Scope of Services Page 21. EXECUTED this day of A.D., 1993 . ATI]~.;ST: CITY OF COPPI~I.I. City Secretary Tom Morton Mayor William B. Ratliff, P.E. Vice-President ~IT C COMPENSATION TO ENGINRRR AND TIME FOR COMPLETION PHASE ONE - CONCEPTUAL PLAN Basic Services - For all services listed in the Scope of Services for Phase One, the City shall pay the Engineer a lump sum fee of $115,050.00. These fees shall be divided as follows: General Fund $96,025.00, Water Fund $19,025.00. 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. PHASE TWO - PRg. LnVlINARY DESIGN Basic Services - For all services listed in the Scope of Services for Phase Two, the City shall pay the Engineer a lump sum fee of $179,640.00. These fees shall be divided as follows: General Fund $t22,840.00, Water Fund $42,800.00. 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. PHASE THRF_~ - FINAL DESIGN Basic 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 City of Coppell Compensation to Engineer Page 2. (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 final review by the City, the Engineer shall complete all necessary corrections within 3 weeks and p~pare the final construction documents for bidding. 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. 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. 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 coreers at a cost of $20.00 per each parcel coreer, for a total of $700.00. Should it be determined by the Engineer and approved by the City that additional parcel coreers 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. ADDITIONAL SERVICBS Additional Meetings with City Council and/or Citizen Committees - The engineer shall attend a maximum of six (6) public meetings as a part of the basic services identified above. 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 City of Coppell Compensation to Engineer Page 3. preparation for and attendance at said meetings. 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 p~-parafion 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 sigoali?afion 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. Water System Analysis - The Engineer shall, at the request of the City, perform a water system analysis to determine alternative construction methods in accordance with the scope of services for the same. The Engineer shall be compensated for such services on a lump sum basis for a total of $20,000.00. F_,XECUrt~D this day of A.D., 1993 . CITY OF COPPg. IJ. City Secretary Tom Morton Mayor ENGIlxmm~.: Rady and Associates, Inc. William B. Ratliff, P.E. Vice-President j~l? 33550?0 JUN 1G '9S 16:S0 FR RADY AND ASSOCIATES PAGE.001 STANDARD PROI~_.SSIONAL SERVICBS OWNt~ AND F~GINEER S]~CTION 1 - ~ I~GIN]EER~G SI~VICBS 1.2. l~tymettt for Fee Eagineefi~ Services. 1.2.1. OWNER s~'~H ~y ~O~ ~ ~~ ~e ~of~, 1.2.2. For ~ ~ O~ S~11 ~ 2, m ~ws: 1.2.2.1. S~. For ~fi~ 1,2.~.3. ~ ~ ~ ~ *A* ~ ~ w~ ~ ~i~i~ PAOB- I 1.2.2.2. Professiom~! Associates ami Consulta~. For services and ~gmses o~ independent professional associates and consul~ats ~nployed by IgN(~qI~R to tenor Additioval Services pursmm~ to Paragraph 3.1. or Paragraph 3.2. rig amount billed to ENGINI~R times a factor of 1.15. 1.2.2.3. Payment. Owner slmll pay I~GINNI~ for Addifioaal ~,ices acco~ling to the hourly rotes for tbu I~G _INN~"~'s l~rsom~ engaged directly tn pefformin~ such services, as shown on Exifibit A, ~Hourly Rams for A~tional Services" attached hereto ami incoq~orated herein. 1.2.2.4. Adjustments to Rates. Upon tl~y (30) days written notice ~o OWNIgR, but not more titan one time per nnn~li~, ~G~ t~y ~ Or hoarly ra~ as the BNGINNI~ deems necessa~ to maintain personnel · t competitive levels and to adequately compansate 1~ for overload ~xpeases. Tlg increased or d~creesed rate shall not ~e effective anti! ~ expiration of such thin'y (30) day aotice period ,,,d st~mval by the OWNI~. 1.2.2.5. Direct Expeases. In addi~don to payments for Additional ~o~ices provided in Paragraph 1.2.2.3., OWNER slmll pay l~q~R for ~penses times a f~actor of 1.15. for gll costs incurred in coRnection with ~ peffommace o~ Additional Services. ~ shall m~an the actual costs iacar~ by I~GINm~ or IgNGI~u~'S ind~p~adeat professional associates or consultants, dLre~tly or indir~'tly in c, omggtlon wittl tl~ P~j~t, such as expeas~ for: ~ and subsistence incidental tbemm; obla~a~ bids or proposals fi~om C.o~cto~s)~ toll telepho~e calls and telegrams; exinm~ mailing costs; r~ptodaction of t~pom, Drawings, ~ifgatioas, Bkl~g Documents, sil~ilnr Project-miami irons. 1.3.1. NN~ shall submit monthly statements fo~ Fee l~inec~g gcrvices sad time of billing. OW~I~ shah msim prompt montmy BNG:INtfl~t's monthly statements. such additional amount, if any, as may be necessary to pi'rog tolnl ~¢almnsamm pmu vu account of such phase to the total indicated in Exhibit C a~acl~d he.to. sixtieth (60th) day, and in addition, ENGINEgR may, after giving seven (7) days writt~ PAOB- 2 JUN 16 ~DB 1G:31 E~.OM RADY AND ASSOCIATES PAGE.003 notice to OWNER, suspend services under this Agreement mltil ENOINEER has be~n paid in full amounts due for service~, ~xpenses and charges. 1.3.4. In the event of termination of ENOINEER upon the completion of any phase of the Fee Engin~dn~ Services, pwg~ess payments due ENOINEER for services nmder~ through such plmse shall be de~ermlned in accordsace with the ~ compensation specified in Exhibit C. In the event of such termination of ]~OINI~R during any uacompleted phase, tile ENGI~ shall be ~ for sorvices nmdesed up until termination in accordance with the paym6nt for Additional ,~rvic~s and ~ in ~ 1.2, provided such amount does not e~c_-~x'd- the total amount indicated on Exhibit C. In the ~vcnt of any such termination, ENGI~m~ also will be reimbm'sed for the charges of independent professional associaies and comultagts employed by to render Fee l~,ineering ,~l-vices, a~d paid for all unpaid Additional ,~rvices and Expenses, plus all termination expenses. Termination exposes m~au adgiliooal expenses din~'tly attr~tablc to termination, which, if termination is ~Ot du~ to hlnaCh of this Agra-merit, ,~n include contract damages provkl~l by law. 1.4.1. The provisions of this section and the various rates of compensation for BNG ._INYU~'s services provided for in thi~ Agreement have ~ ~ to in anticipation of the ortl~rly and continuous progress of the Project through completion of ~ Construction Plmse. BlqGINm~'s obligation to mndur services hea~tmder will ~xtend for a period which may r~aonably be requital for the design, awed of cout/~ts, cons~-uction and initial operation of the P~ect incbuflng ~ work and required exteo.~ions thereto. 1.4.2. ENGIlxI~ItR's sorvices under __,y~__h phase identified in ~ B ~bs11 ~h ~ ~ ~pk~ a ~e ~ ~: 0) ~ ~m w~ ~ m~i~s for ~ p~ ~e~~O~; ~)~O0)~ys~~w~h ~bmi~s ~ ~v~ W O~ f~ ~n~l ~, plm ~ch ~ ~c ~ ~y ~ ~nsi~ ~ly ~ ~ ~inin~ ~ ~ ~~ au~, ff ~y, ~ ju~ ~ ~e ~ ~t~ ~ ~ ~.. Total Project Costs, E.~OINI/~ shall pteeeed with pe~o~u~ of for ~ ~e B~ or N~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~si~ ~p~ Con~ ~ or ~ ~ of ~s w~ ~ C~s). 1.4.4. The Construction Phase will commc~ee with the execution of tim first pfin~ co~h-,~'t to be executed for the work of the Project orany part fl~teof, and will tennin~ upon wrieen reconmacndation by BNG~ of final paymem on Who last primo co~h-~ct PAGE- 3 JUN' 16 ~93 16:31 FRP~-~ RADY AND ASSOCIATES PAGE.004 to be completed. Conslruction Phase serviccs may be rendm~ at ~ times in respect w set~ra~c prime c~iiiacts if the Pxojcct involve~ mo~ ~ on~ prime conlract. 1.4.5. If OWNER has ~ ~ignificant modifications scope, ext~nt or characler of *he Projo~, the time of pcfformauce and thc fee for ItNO~'s se~vkcs shall be equitably adjusted. 1.4.6. If tl~ Coastmction ~ has not commenced within ~ (~)) cakadar gays afar completion of the Final Design Phase, EI~GINm~ may, ~ ~ivi,,~ seve~ C/) days 1.4.7. If ENGIN~'s services for design or during consuuction of thc Pwjec~ are delayed or suspended in whole or in pa~ by OWNER for mo~ than three (3) mo~ths for reasons beyond NlqOINga~'s control, I~IOIN~R shall on wrilien dcmand to OWNER (but without termh~tion of this Agreement), be paid as provided in Paragraph 1.3.4. If such delay or suspension ex~cnds for more than one (1) ycar ~or reasons beyond l~lOIN'J~'~'.q conlrol, or if ]~lOINli~ for any reason is requin:d to 1~mder Construction Phase services in l~spect of any prime contract for construction, malerials or equipment moi~ than one year after Substantial Complctio~ is achieved un~r contract, gae various rates of compcnsatio~ pmvidcd for in this A81~ernent shall be subject to equitable adjustmeat. 1.4.8. In the eventtha~ the wor~ &'L~d °r specified by I~IGINflI~ is ~° be furnished or performed under mo~e than one prime contract, or if I~IGIN]i~R's separately sequeaccd with ~he work of o~e or more prime conuactors (such as in ~he case of fast-uacking), OWNI~R ,,~t I~IOINEI~ slmll, prior w commencement of the Final ~1.,,~i T'~io-n l~.l~b'lino' ~ Ne~otiath~ a.a is to proceed concurrently. SECTION 2 - SCOPN, OF l!lqO~O SI~.VICI~; PAGB - 4 JU~' 16 'gG 16:G2 FR~ RADY AND ASSOCIATES PAGE.005 2.1.2. For Fee ~ngineering Services, the Bngineur will provide all service~ specified in Exhibit B, except as otherwise idemif'~d h~tuin. 2.2. Construction Phase. 2.2.1. General Admini.,~ration Of ConstructiOl~ Contract. ]~NGINIs. t/~ shall ~R w~ ~d ~v~ ~ ~ ~ ~ O~'s ~fivo ~ ~ ~ ~ S~ ~ Co~ ~ ~ ComecOn C~. ~ e~t ~ limi~ ~ ~ du~, ~nsib~ ~d au~o~ of ~G~ ~ ~i~ ~ ~d S~ ~1 ~ons shall ~t ~ ext--, 0x~ ~ ~~Y ~i~ ~ ~ Writing. ~ of O~'s ~ to Coatings) w~ ~ is~u~ ~gh ~~ who w~ ~ve au~H~ ~ ~ ~ ~ of O~ ~ ~e ~m pm~ ~ ~ 5~ O~ 2.2.2. Visits to Site and Observation of Construction. In coimection with observations of the work of Contractor(s) while it is in progress: 2.2.2.1. ENG~ shall ma~ vi.sits to the site at into'yah ~rlate to the various stages of construction as ENGIN~ deems necessary in order to observe as an exp~i~ and qualified design professional tl~ progress and quality of the various aspe~ of conmtctor(s)' work. Based on information obtained during such visits and on much observations, I~G~ ,Imll endeavor tO determine in general if such work is proceeding in accordance with the Contract Documents aBd ENGIbTl=~k'R nhall ko~ OWN]~ i~ol'med of tho pl~gl~,{ of {he work. 2.2.2.2. The purpose of ]~NGINBE~'s visits to the site will be to enable ]~GINt~t~ to better carry out th~ duties and ~onsibilities assigned to and undel'lak~u by ]I~N'G~ durlu~ the Construction Phase, and, in addition, by exercise of ENO~'s ~t~forts as an ex'ix~i~ and qualified ~ professional, to provide the OWN~ a gre~r degn~ of confidence that the compleU~d work of Contractor(s) will co~'m generally to the Contract Documents and that the integrity of thc design concept as ~ in tha Contract shall not, during such visits or as a ~ult of such ob~vations of Contractor(s)' wod~ in progress, supervise, direct or have control over Conlracto~s)' work nor shall {~{OINEI~ have authority over or responsibility for the n~tns, methods, techniques, sequences or procedutw of consmmction selected by Contract. s), for safety pt~er, autions and programs incident to the work of Contractor(s) or for any fn_ilnt'o of Contractor(s) to comply with laws, rules, regulalions, ordinance, codes or orders applicab]o to Contractor(s) furitishing alld performi~ thor work. Accordingly, ENOI~'''~u. can neither guaran~ the performance of the construction conuacts by Co,~Uactor(s) nor assume re.vix)mibility for PAGE- 5 JU~ 16 '93 1~S:33 FP.~M RADY AND ASSOCIATES -- PAGE.006 Contractor(s)' failu~ to furnish and perform their work in accordance with the Contract Documents. 2.2.3. Defective Work. D~ring such visits and on the ~ of such observations, B~OI2~n~R may disapprove or reject Contractor(s)' work while it is in pm~e.s~ if ~GINEI~ behoves that such work will not produce a completed l~ect that conforms generally to the Contract Documents or that it will pl~judice the integrity of the design concept of the Project as ~vflected in th~ Contract Documents. 2.2.4. tnterpt'~ations and Clarifications. ENG~ shall if~uc nece~ry p~-pare work directive changes and chang~ ordor~ as required. 2.2.5. Shop Drawings. I~NG]~IF..t~R shall review nad approve (or tnke other at~m~n'iate action in ~spec. t of), Shop Drawings (n~ tha~ term is defined in the aforesaid Standard General Condition~), ~u~ples and other data which Contra~s) nrc r~qttired to ~ubmit, but only for conformance with the design concept of the Project. Such reviews and ,q~covals or other action shall not extend to means, methods, technl .hues, sequences or procedures of constntction or to safety precautions and pro~tms incident thereto, 2.2.6. Substitutes. ENGIb~U~R sha~ evaluat~ al~d determln© tho a~bi~ty of substitute materia~ and equipn~nt pl~po~ed by Contractor(s), b~t subject to the provision of Pai~h 3.2.3. 2.2.?. Xnspections and Tests. ENGIN'I~R shall hnve amhority, as OWNER's repx~sentative, to require s~c~ecis] illN~on or testin~ of the work, and shnll _lv~__.i. VO and review ali c~tes of in~tions, testings and ~ X~luired by laws, rul0s, regt~lntlons, ordinance, codes, orders or tho Contragt Doc'ument~ 0~t only to determine generally that thei~ content complies with the requirements of, and the ~ certified indicate compliance with, th~ Co~--~t Documents). 2.2.8. Disputes between OW'N=E~ and Cootrnotor. E~GI~EBR shah act ns initial interpro~r of the requitr, mont~ of the Corto'act Doctm~ents and judge of the accei~ity of the work thereunder and r~ d~cisions on all claims of OW2q~ and Contractor0 C01~ I~llt~ p0r~inln~ to ~h0 0xe~utli}n ~ pfog~,ss of the work. TH~ E~GEq~.~R XS U-NV~t.~-r~fG TO XNCUR ~ ~3TENTIAL ARISING OUT OF ~ ]~NOINEER'$ INTI~9.PP,~FATION WItlC~ WILL HAV~ ADVI~,SE CONSBQUI~qCI~ TO ~ TfIE OWNER OR THE CONTRACTOR UNLESS THE OWN'KR INDEM2qIFIES TH~ ENGIb-R~R, OWNER AOB~ TO DI~TD, SAVE, AND HOLD ENGlb]'KKR HARldLP~S FROM ANY DAMAGI~S ARISING FROM OR Rm-A't~L~ TO ANY SUCH IHTI31~O~t'ATfONS OR DECISIONS RENDERED I~ GOOD PAGB - 6 2.2.9. Applicalions for Pa)me, iR. Ig~emcl on ENOINI~'s on-site observations, and on review of applications for payment and the accompanying data and schedules: 2.2.9.1. I~GIN~ shall recommolld ill writing, payments to ConffacRor(s). ~ the case of unit price work, t~GINvu~'s recommendations of payment will include determinations of quantities and classifications of such work (subject to any subsequent adjustmeats altowed by the Contract Documents). 2.2.9.2. By recommending any pa)mcnt I~qGIN~R will not thereby be doomed to have r~pres~mted that exhaustive, cox~nuous or de4~led x~lews or examinations have been made by ENG~ to check the quality or quantity of Contractor(s)' work as it is fttr~shod and performed, b~ond the responsibilities specifica~y assigned to l~NOINtma< in ~ Agmc-ment. ENOINUm~.'s review of Co~ract~(s)' work for the purpose~ of ~c. ommelldiXtg pa)mc31Ls will not impose on ENGINtm~ ~sponsibility to supervise, direct or coai~l such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s) comp~llsnce with laws, rules, r~gulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose ~ponsibility on ENGIlm~R to make any ~oamination to asoertnla 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 bee passed to OWNi~ free and cl~tr of any lien, claims, security interest or e~cumbrauces, or thnt tbere may not be other matters at issue between OWNER and CONTRACTOR that might affect tho amount that should be paid. 2.2.10. Contractor(s)' Completion Documents. t~qGINEI~ ~h,l! receive maintenance and operatin~ instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals which are assembled by Contractor(s) in accordance with the Contract Documents and shat1 transmit tbem to OWNI~. 2.2.11. Inspections. ENGIN~a~K shall conduct an inspection to d~a'mino if the work is substantially compleCe and a final inspection to determine if the complenxl work Ls accep~le so that ENGINEER may rocommead, in wring, final payment to Contt~actor(s), and may give written notice to OWNIgR and th~ ConUacto~s) that the work is acceptable (subject to any conditions therein expressed), but any such t~comm~ndafion and notice will be subject to the limitation~ oxprem~d in Paragraph 2.2.9.2. 2.2.12. Limitation of Respou~. ENGINtglgR shallaotbemspomible fortbeacts or omissions of any Co.i~x~r, or of any subcontractor or supplle~, or any of the Contractor(s)' or subcouh~or's or supptier's agents or mployee~ or any other persons (except ]~GINEi~'s own employo0~ and agentS), at th~ site or ~se fumil~hing or performing any of the Contractor(s)' work. PAGB- 7 JUN 16 '93 16:34 FB~ RADY AND ASSOCIATES PAGE.008 SECTION 3 - ADDITIONAL StiRVICES OF ENG~ 3.1. Services Requiring Authorization in Advance. If authorized in wriiiug by OWNER, ENGII~InnR shall fumi.~h Or obiaiu from othe~ Additional Servic-~s of the types listed in Paragraphs 3.1.1. through 3.1.13., inclusive. These servic~ ~e not included as pa, of Fee Eugin~erin_g Services and these will be paid for by OWNER as indicated in Paragraph 1.2.2. 3.1.1. prctmration of applications end su~ documems (in addition to those furnished under Fee ]~gineering Services), for private or govermne~tal gnmts, loans or advances in connection with the Project; p~tration or review of environmental requirements of the Project of any such statements and docaments prepared by others; and asslstauc© in obt~inlng approvals of authorities having jurisdiction over the 3.1.2. Services to mak~ n~tsured drawings of or to investigate existing conditions or facilities, or other information furnished by O~ except as identified in Exhibit B as part of the Basic Services of this contract. 3.1.3. Services res, ltlng fn~n significant chang~ in gte general scope, extent or character of the Project or its design includln~, but not llmil~d to, chancres in size, revising tn~vionsly accepted studies, reports, design documents or Contract Documellts wl~n such revisions are required by chs%,es in laws, ndes, ~gulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, t~orts or documents, or are due to any other causes beyond ]~lO~'s control. 3.1.4. Providing renderings ot models for OWNER's use. 3.1.5. F~Fa/ing documents for alternate bids requested by OWN~ for Co~s)' work which is not executed or documents for ont-of-sequmtce work. 3.1.6. Investigations and studies involving, but not limited to, cle~aikd collsidetafion of operations, maintenance and overhead expenses; providing valne ~ during the course of design; the ~on of feasibility studies, ~ flow and economic Project; evaluating processes available for licgnsing and assisting OWNER in oblaitdng process Ucemsing; detailed quantit7 surveys of material, equipmm~ a~ labor; and audits or invcmorics ~equired in connection with construction ~ed by OWNER. 3.1.7. Pumishln~ services of ~ professional associate,s end consultm~ for other than Fe° Engineering Sm-vice~ u identified in Bxtgtfit B (other sm-vices ontside tim PAGE- 8 scope of Fee F~oineering Services include, but are not limited ~o, value e~gineering services, detailed operation and maintenance analyses, and other such service~); and providing data or services of the types descn'bed in Section 4.4 when OWN~k employs ENGINEER to provide such data or services in lieu of furnishln~ the same in accordance with Section 4.4. 3.1.8. Services resulting from the award of mo~e separate prime co,-,a;~ts for construction, materials or equ;pcaent for the Project thnn are ~lated at the commencemont of the project. If ENG~R has been required to prepare Contract Documents on the assumption that more than one prime contract will be awarded for construction, nm~rials and equipment, but only one prime coui.~-,wt is awarded for construction, materials and equipment for the Project, services atttibatable to the preparation of contract documentation that was rendered unusable and any ~evisions or additions to contract documentation used that was necessitated by the award of only one prime contract. 3.1.9. Services during th~ out-of-town travel required of Hlq~ other th~n visits to tl~ site or OWNtm's office as required by Section 2. 3.1.10. Assistance in connection with bid protests, re. bidding or nmegotiating coiih-acts for construction, materials, equipment or services. 3.1.11. Preparation of opeotlng, maintenance aud slaflrmg mammls to supplement Fee Engimering ~rvices. 3.1.12. Preparing ~0 serve or serving as a consultant or wilness for OWNlik in any litigation or other legal or admidistrativo proceeding involving the Project (except for assistance in consultations which is hlcluded as part of F~e l~ngineering Services identified in Exhibit B). 3.1.13. Additional services in connection with the Project, including se~ices which to be furnished by OWNIng. in ac~ordatwe with Sectio~ 4, nmi services not otherwise 3.2. Required Additional Services. When required by the requLmmouts of the Projoct, or in circumstances beyond HNG~'s control, I~GINUn~ shall fi~mi~h or obmln from others, as circums~nce, s require, and without waiting for specific ~a~orizatiou from OWNER, Additional Services of the types Hs~d in Par%~v~phs 3.2.1. through 3.2.6, i~clusiv¢. These services m~ not included as part of Fee ~n~neering Services. ENGINm~ shall advise O~ promptly afar sta~ng any such Additional Services which will be pa~d for by OWNER as tndlea~d in Par~ 1.2.2. PAGE- 9 3.2.1. All coordination, roview and consulting with other independ~t professional associat~ a~d consultants providing services lo the OWNuil outside thc scop~ of Fee Engineering Services as moro parlicularly specified in Psragraphs 3.1.6. and 3.1.7. 3.2.2. S~rvice,~ in cmmeclion with work directive c~%,es and chango orders to reflect chang~ roque~ed by OWNER. 3.2.3. Services in making revisions to Drawings and Specifications occasioned by the acceptanc~ of substitulions proposed by Contractor(s). 3.2.4. Services resulting from si~ificard delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shoilages. 3.2.5. Additio~ml or extended servic~ during construction made necessary by: (1) work damaged by fire or other cause during construction; (2) acceleration of the progress sctuxlule involving services beyond normal workln~ hours; and (3) default by any Contractor. 3.2.6. Services in connection with any partial utilization of any pan of the Project by OWNER prior to Substantial Completion. SrsCTION 4 - OWNI~'S RtLgPONSIBII-,-rl~-q OWNER shsll do the following in a timely m~n~-t lo ~ oo~ to deisy tho services of ENGINEBR: 4.1. D~signat~ a porson to act as OWNI~'s ~ve with re~pe~ to the services W I~ rendered under this Agr~:ment. Such person shall have complete authority to decisions with respea to BI~IOIN~'s services for the Project, 4.2. Provide ali criteria nnd full information as to OW'Nt~'s requii~nents fo~ the Project, i~cluding design objectives nnd constraints, space, capacity nmi p~fonnance copies o£ all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 4.3. Assist liiblGll~rk'~ by placing at ElqGll,rm~'s disposal all available information ix~tth~ent to the Project inch~dlng previous relx~s and any other data relative to design or construction of tho Project. 4.4. Furnish to HNGII~ as ~ for polformall~ of F~ ~ Service,s, the following: PAGE- 10 JUN 16 '~3 18:3~ FR~ R~DY ~NB ~SS©CI~TES P~GE,O~i 4.4. I. data prepared by or services of others, including without lim/~ions horin~s, probings and s~bsudace explora~/ons, hydrographic su~eys, ~ te~ts and inspections of samples, mat~aiah and equipment; 4.4.2. appropriate professio~ml interp~ions of all of ~he foregoing; 4.4.3. environmental as~,~ent and impact staie~nents; 4.4.4. property, boundary, easement, right-of-way, topographic and u~tity surveys; 4.4.5. p~oerty desc~4ptions; 4.4.6. zoning, deed and other land use restrictions; and 4.4.7. other special data or consultations not cowwd in Section 3; all of which ENGII~'I~ may use nnd rely upon in performing services under this Agfa'merit. 4.5. Arrange for access to and make all provisions for EN~ to eatex upon public and private property as required for N/qGINI~R to pexform services under t~ Agreement. 4.6. F~0~amine ali stucl~, t~ports, ~tches, Drawings, ~cifications, proposals aucl other documents presented by ]D~GINI~t~., obtain advice of an attorney, insurance counselor and other consultants as OV~q~R dc~ms appropriate for such c~mminatiun and ~-mder in writing decisions pex~g thereto within a l~aso~able time 90 as ~ to delay 4.7. Furnish approvaLs and permits from all governmental anthol/ties having jurisdiction ov~ the Project and such approvals and consents ~ others as may be necessary for completion of the Proj~t, except as identified in Exhibit B, 4.8. Provide such accountln~, indepe~dont cost estimating and insurance counselling services as may be required for the Pwject, such legal services as OWNI/R may require or ENGINERY. may reasonably r~que~t with x~ffanl to legal issues pettai~ng to the Project including any that may be raised by Contractors), such ~.~lng service as OWNF~ may require to ascer~i, how or for what pmposc any Contractor has used the moneys paid under the construction contlact, and such inspectioll services as OWNI~ may require to asc~nln that Contmctoxis) are complying with any law, nde, tv.~lation, ordinance, code or order applicable to their furnishing and pedorming the work. 4.9. If OWNER designates a person to repn~ot OWN~ at the site who is not ENGIN~ or ENGII~<~'s agent or employee, the duties, n~m'bi~ies and PAGE - 11 16:36 F~M RADY AND ASSOCIATES PAGE.Oi~ limitations of authority of such other person and thc affect thereof on tho duties and resp~sibBities of I~NGIN~ will be set forth in an exhibit that is to be identified, attached to and nmde a part of thi~/kgl~nt before such s~l*v~ces begin. 4.10. If more than one prime contract is to be awarded for construction, matea4.als, equipment and services for tho entire Project, designat~ a person or organization to have authority and responsibility for coordin~_fin§ the activities among th~ various prime 4.11. Furnish the ENGn~TRI~ dntn or estimated figures as to O~'s ~ ~s for ~c~ w ~ p~ by ~m f~ O~ (~ch ~ ~ ~t W ~hs 4.6. ~d 4.80, ~ ~at ~G~ ~y ~ ~ n~ ~gs m s~ ~ns of p~lo T~ ~t Com. 4.12. Attend the pre-bid conference, bid ope, ins, ~ction coafmnces, construction progress and otlw. r job related meetiugs and substantial comple~ion inspections and final payment inspections. 4.13. Give prompt writton ~otice to BI~IG~ whenever OWNIiR observes or otherwise becomes awaxe of any development that affects the scope or timing of I~GIN~'s services, or any defect or non-conformance in the work of ally Contractor. 4.14. Fum~h, or direct I]~IG~ to provide, Additional Services aa stipulated in Paragraph 3.1. of thi~ Agreement or other services as mlui~. 4.15. Bear all costs incident to comptiance with thc x~quiremems of this Section 4, SBCTION 5 - OPINIONS OF COST Opinions of Cost. Since ]iINGINi~t~ has no control over the cost of labor, materi~ls, equipment or services furnished by others, or over the Con~s)' methods of determining prices, or over competitive bidding or markm conditions, ]~IGINVZRR's opinions of pmhablo Total Project Costs and Construction Cost provided for ~ represeat I~Gllv~a~'s best judgxmmt aa an experienced and qualified professional Total Project or Construction Costs will not vary fix~n opinions of probable cost prepared by l~lGIl~l~. If prior to the Bidding or NegofintinE Phase OWln~ wishes greater assurance aa to Total Project or Construction Costs, OWNBR shall ~m~ploy an iadependent cost estimator as Inovided ilt Paragraph 4.9. PAGB- 12 JU~ 16 '93 16:37 F~M RADY AND ASSOCIATES PAGE.OI9 SBCTION 6 - GEN~h0J~ CON$IDERATION~ The obligations under this Agreement may be termlnsted by either p~rty upon seven (7) days written notice. 6.2. Rense of Documents. All documents including Drawings and Specifications prq~red or furnids:d by ENGINIIt/k (and ENGINI~ER's independent professional associates and consultants), purs~nt to this Ag~ement are instruments of service in respect of the Project and ENG~ shall ~ an ownership and property interest thcrdu whether or not the Project is completed. OWNER may ma~ and retain copies for information and reference in connection with the use and occupancy of ~ l~oject by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWKER or others on exlm~ions of the Preject or on any other project. Any reuse without written verification or adaptation by ]~IGINI~I~R for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposu~ to ENG--, or to ElqOll~'~R's independent professional associaf~ or cousultants, and O'+~-ER SHALL IND~N'IFY AND HOLD HARMLF~$ ENGINI~It AND ENGINEER'S n~DI~ENDENT PROFI~SIONAL ASSOCIATES AND CONSULTANTS FROM ALL CLAIMS, DAMAGI~, LOSSES AND I~TCLUDING ATTORNEY'S FEr~ ARISING OUT OF OR RESULTING I1-m-~EFROM. Any such wrifi_~__~on or a _.d.~ation will antitle ENG~ to fu~ber compev~*lon at rat~s to be agreed upon by OWNm~ and 6.3. Insurance. 6.3.1. ENGIN~IgR shall procure and maintain Worker's Co~on and F:~nployer's Liability Insurance for prOte~ion from clnlms Ulld~r the w~' compensation act. 6.3.2. To the extent that prof~sion~l liability insurance is and f~m~ins avnilnhle at commcrclnlty reasonable ~ates, ENGINP.~.~ will ~,.;n~i. Professional Li~ %um~-,ance to p~ect the OWNER from damage, loss or liabih'ty arising out of the performance of professional services unde~ this Agreement. Such coverage shall be in the ~m of not less than ONE M~-L~ON DOLLARS ($1,000,000.00). 6.3,3, UPON WRITrP~ REQUr~T OF OWN]~ ~ W['i'~N TH~TY (30) DAYS OF THE ACCI~PTANCB THI/I~F, ENGIN~i~ W~.I. PROVIDE PROFr~sIONAL ~ INSURANCE ADDITIONAL TO TH]~ AMOUNT OF COVERAGE STA'I'P.D IN PARAGRAPH 6.3.2., n~ AVAII. A.BL~, AND THE OWNER WILL RI31MBURSE ENGINEEII FOR THE COSTS IN~ BY ]/~GXNi~;K~ IN OBTAINING SUCH IN~I~} CO¥1:~,AG]~. TO THB FULLF~T ~ PNRM1TrED BY LAW, OWNER AGRNI~ THAT ENG~EER's LIABILITY TO OWNIng. FOR ANY DAMAGF~, LOSSBS, l~43't.~m~, CLAIMS, PAGE- 13 JU~ 16 '98 16:D7 F~I ~DY ~ND ~SSOC~TES P~GE.014 LIABZLITY, OR INDI~[NITY coMMrrM]~rs ARISING IN ANY WAY OUT OF ~)'GIN~.2~.'s PERFORMANCE OF ~S AG~, ~G ~ N~ ~'t'~ ~, ~G~s ~G~, ~0~, O~S~ONS, S~ ~~, B~ OF CON'I'~ ORB~ ~ ~T ~T ~D~ON~ CO--GE ACCO~ ~l'l'~ ~ ~O~SlONS ~. ~G~ BE ~ ~R ~ ~, S~ OR CO~~ ~SS OR D~GE ~O O~ OF S~ ~~ ~CL~G B~ NOT ~1'~ ~ ~S OF USE, L~S OF PRO~ OR ~~ON, ~ CAUS~ BY ~G~, OR ~ ~ ~T ~'t~ ~ BY MW. 6.4. OWNER's Responsibility to ENG--. 6.4.1. l-xa~nrdous Wast~ and Asbestos. Because of tbe unavailability of professional liability insurancc for services involving or related to hazardous waste elements, or the removal of encapsulation of asbestos, and because of the severity of clnlms ~ services, the EN(3~ ia u~wi11in~ to porform any services related to the disposal of hn~rdous waste elements or the ~oval or encapsulation of asbe~s. For any project site which has existing implx~ements and on which the l~fGl~q~R, consultants, agents, or employt~e.s are to provide design service~, the OWlql~ will conduct, utilizing either its own omployee~, or a consultant employed for that purpose, a survey to deim'mlne the px~onco of any hazazdou$ waste element or asbestos on the project site. If any hnTnntous waste elements or asbestos is discovered at the project site, either during the ini*inl study or at any time dtlr~ coiistlllciiOll, tho O~tZ'~llt~ immediately relieve tho EN(}~ of any obli~ttions to coiltilltlo to pe~orm under this agreement and shall proceed with the remndiaU'on of the project site as may be required under stat~ or federal law. ~ OWN'I~R L:I~RRy AG~ TO RTM-R~.,qE THE l~l~ ITS CONSULTANTS, AGENTS AND EMPLOYE]~, FROM ANY CLAIMS, DAMAGBS, LOSSBS AND EXPENSES, DIRIiCT OR INDIRECT, INCLUDING BUT NOT LIMITED TO ATI'ORN'BY'S ~ AND COURT COSTS, ARISING OUT OF, RBSULTING FROM, OR RtR~TED TO, THB pN~-$1~ICB OR ~E OF ANY HAZARDOUS WA~'I~ ~ OR THE REMOVAL OR Ni~qCAPSULATION OF ANY ASBI~TOS ON ANY PR~ sn'B IN WHICH THE BN~ HAS BEliN RI~TAIN[~ TO PI!I~ORM SHRVICES ON ~ OF THE OWNER. PAGN- 14 JUN lB ~D3 16:38 F P~O.M RADY AND ASSOCIATES PAGE.OI5 6.5. Tm'qG~'s Zodem.h~ca'~m of OWZ~R. 6.5.1. Except as pwvided in Paragraphs 2.2.8, 6.2 and 6.4.1., tl~ I/NGIN1/~ shall indemnify the OWNS, its co~sul~mts, age~ts and employees from and against ajay and all claims, damages, losses and exp~mses, direct or india,'t, or consequ/mtlal damages, including but not limited to fees and cha~ of attorneys and com't and arbitration costs arising out of, resulting from, or related to the negligent performsnce of work by ]~IGINg~R specified in this Agreemeat. 6.6. Severability and Reformation. 6.6.1. A~y provision orpa~ tber~of of this agroem~at held to be void or untmfotceable under any law shall be deemed sttida~n, 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 strick-~ pwvision or pan thereof with a valid and e~orceable provision which comes as close as possible to expre~ssing tbe intentioa of the stricken provision. 6.7. Contwlling Law. This ~t ia to be governed by the laws of the sta~ of T~ms. Tho veaue for any action brought purstumt to or r~nffdng from the terms of this a~io~m~t slmll lie in Dallas County, Texas. 6.8. Successors and Assigns. 6.8.1. OWNI:~ and I~GIN~:~ each is hereby bound and the pattn~, successors, executors, administrators and legal represenlatives of OWNI~ and 1/~O~ (and to the ~eaat permitted by Paragraph 6.8.2. the assigns of OWNI~ and I~GINI~R), are ber~y bound to the other pa~y to this ~ and to the pam~rs, successors, executor~, administrators and legal relm~et~atives (and said assigns), of such otber patty, in respect of ali covcaants, agr~m~s and ob 'hgatio~s of this Agmemcot. 6.8.2. Unless specifically stated to the contrary in any wfittea con.at to an assignment, no assignment will ~lease or discharge the assignor from any duty or re~onsib'dity un~r this Agreement. Nothing contained in this lmagraph shall pmveat EN6~ from employing such independelg professional associates ~ consultsnts as ]~gO]lq~n~ may deem appropriate to assist in the performance of services hm-mnd~. 6.8.3. Nothing under this Agx~qneat shall be construed to give any rights or benefits in this Agreement to anyone other than OWNi~K and l~q'Gl2s'R3u~ and all duties and r~:nn~ibililies undertaken pursuant to this Agreement will bo for the sole and exclusive bco~fit of OWNER and I~GIN~t<~ and not for the benefit of any oth~ gaxty. PAGB- 15 6.9. 5tandazd of Ca~o. 6.9.1. ENG~ shall perform for or furnish ~o OWNER professional engin~ and related services in all phases of the Project to which this Ag~ement applies as he~inbcfor~ provided. El'IGOR shall serve as O~'S prime design professional and ~n~in~ring r~p~Ove for ~h~ l~j~ p~idi~ l~f~io~ ~onsul~on and advice wRh ~ the~to. RNGII~ ~y ~mpl~ tach ilNGIN~iitCs Consultants as El'l~ deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINEitR shall not be r~xluired to employ any ENGINEER'S Censuitant unacceptable to ENGINEER. 6.9.2. Thc standard of care for all professional engineering and ~ s,awices performed or furnished by ENGINtttm under this Agreement will be the care and ordinarily used by members of ENG~'s pwfession practicing under similar conditions at the same time and in the same locality. ENGIN-n~v. MAKES NO REPRF. S~ATIONS OR WARRANTIES, ~ EXPRItS$ OR IMPLIItD, EXCEPT FOR THOSI~ MADE IN TI-HS SNL'TION 7 - SPECNAL PROVISIONS, EXHIBITS and SCI-n~UL~. 7.1. The following Nodalbits ate a~ached to and made a pa~ of this Agt~ment: 7.1.1. Exhibit A "Hourly RaM for Additional Sel'vices' consisting of on~ (1) 7.1.2. Exhibit B "Scope of Serviccs, Sandy Lak~ Road and2~" Water Line~ consisting of twenty-one (21) pages. 7.1.3. l~chibit C "Compensat/on to Engineer and Timo of Completion' consisting of three (3) 7.2. THIS AGI~n~IT (cons'~ing of pag~ 1 to 18, inclusive), together with Exhibits and Schedules identified above, constitutes the entire agreement between OWNI~ nad FaNGINEER and supersedes all prior writUm or oral undea~mdings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. ~ OWNI~. AND I~IGINEER EACH ACKNOW~-nT~GI~ BY T~m EXI~2WHON _.O.F. TbH$ AG~ THAT ~ Tm~ OWNFaR NOR ~ gNGINtma ~ MADB ANY Nn~RF~NI~rYATION$ OR HAS MADE ANY EXPRF~$1~D OR WARRANTIES NOT CONTAINED IN THIS AG~. PAGE- 16 JUn 16 'S3 1B:3S FI~M RADY AND ASSOCIATES "~' PAGE.OI7 IN ~vii'.~'BSS ~vt:t~P, the l~eS hereto have m__~le and cxect~ thi, Agr~mtent as of tl~ day and year first above v, uitten. Ct'l"ff OF COPPItI.,L, TI~i2AS RADY & ASSOCIATES, INC. BY: BY:' Tom Motion, Mayor William B. Ratliff, P.E. Vice-President Address for ~ivi~g notices: Address for ~ivi~ notices: 910 Collier Sllz~ Fort Worth, TX 76102 PAGE- 17 ID/HIBIT A HOURLY RATES FOR ADDITIONAL SHRVICES The followin~g Ix~urly rate~ will at, ply to services as o~difled i~ paragnkoh 1.2.2 of the Standard Professional Services Agrmment Between Owner ami l~ngineer. The, so rates will r~main in effoct until they aro increa~ or decreamd in accordance with paragraph 1.2.2.4. Princi~ $11o.oo Proj~x~ Manager 85.00 Senior ~r ~.~ S~ ~ 80.~ ~ 65.~ ~i~ T~ 48.~ Su~ ~ (3-m~) 1~0.~ ~pu~ U~e 25.~