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Sales Tax 09-AG090412 AGENDA REQUEST FORM THE.CiTY.OF DEPT: Engineering DATE: April 14, 2009 ITEM #: 22 COPPELL ~-~., .'.. !'f ,~* . "l'- /' - ,t. Q e x .-\.& . \ '& q D WORK SESSION D CONSENT [{] REGULAR ITEM TYPE: CONTRACT/BID or PROPOSAL ITEM CAPTION: Consider approval of a contract proposal for Teague, Nail & Perkins in the amount of $237,000.00 for the design of residential street improvements as provided by the 1/4 Cent Sales Tax for Streets Maintenance; and authorizing the City Manager to sign and execute necessary documents. GOAL(S. ~ EXECUTIVE SUMMARY: Approval of the design contract will allow the Engineering Department to use sales tax revenue funds, allowed by the passage of the 1/4 cent Sales Tax for Streets Maintenance in the November 2007 election. FINANCIAL COMMENTS: Funds are available from the 1/4 cent sales tax for Street Maintenance for this contract. RECOMMENDED ACTION: Staff recommends approval of the contract proposal. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE · Libby Ball ~ 2009.04.15 17:50:27 -05'00' . I#DeSign Contract for Streets THE.CITY.OF corrELL ~~':;i'- .~."O;:~~" '21~ :f~--:it:. ~"* \ .'. ~ r Ii:' ...... ,".~. q <:l X ~ S . \ I'> MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: April 14, 2009 RE: Consider approval of a contract proposal for Teague, Nail & Perkins in the amount of $237,000.00 for the design of residential street improvements as provided by the v.. Cent Sales Tax for Streets Maintenance; and authorizing the City Manager to sign and execute necessary documents. This item represents the first of several contracts that will come before you over the next few years as a result of the approval in November 2007 of a 1,4 cent sales tax for streets maintenance. City staff has spent time evaluating neighborhood infrastructure and developing a plan and budget for use of these funds. The streets listed herein represent the first two years of a four year program of infrastructure improvements, at which time the tax will need to be reauthorized in order to continue the aggressive program. This contract proposal is for surveying and design services for Heartz Road (from Sandy Lake to Westbury), Dobecka Drive, and Clear Creek Lane. These streets are shown on the attached exhibit as Tax 2009. This contract will also include survey services for Willow Springs Drive and Shadowcrest Lane. These streets are shown as Tax 2010. The design for the Tax 20 I 0 streets will be preformed by City of Coppell staff engineers. Teague, Nall & Perkins was asked to submit this proposal based on their extensive experience in this type of work. Staff has worked with this firm on several projects over the past few years, and we are confident that they can meet our expectation on this project. Staff recommends approval of this design contract in the amount of $237,000.00 as provided by the 1;4 Cent Sales Tax for Streets Maintenance. Staff will be available to answer any questions at the Council meeting. .. I- Z w L ~ 00 <( Z r- .J ::J 0 ~ LL N ~ ~ >- I- ~ LL Z UJ 0 W W Z L .J <( W <( > en (J) <( 0 ..JI 0.. I- 0 ,~ Z J W W N .t'r I- :1 W [] >- 0:: ....I-q- LL (.J Z o [] ~. I '!~~,f1~' i 'u..:l~1i.'1 :Ic.. ~'t- ~!u~,:~ a....::.-=.- o b 9 .5 " <D m o ~ 2 ~ I Iii ~ ~ ] l ~ ~ ~ ~ n ~ .~ q i d ~ 3 u ih W ..J ~ I- Z w ~ w [.J <! ...J c.. W ~ I- Z W ~ W > <! Q. ... 00 Zr- :JO LL[\'] X>- ~LL UJ 0 W Z ...J <! <!(J\ UJo 1-0 w ~ [\'] I- (J >- ~ r-I'\t LL [.J Z o (J ... z QW w::Ii UlW O~Gl D...I0 iD.o D.Wl';l 1Io~= 0...... ~W IlII:IlII: c(~ o u ... Z QW w::Ii UlW 2~o iD.~ D.Wl';l 1Io1lll:>e OW:! ~lii IlII:IlII: c(~ o u b '3 .s al ~ U .~~ " ~~~~f.1 . u..J~. ..'-I~~. ~.~ /: ,"01 _ :UI.- ~ ~ I ~ H J i .q ~ g n . . ;;; & i i l6 -: ~ 0;) ~ ::Ii ::::i ~ IlII: c( IlII: Ci D. W IlII: 0 0 ti: to- O 0 0 to- -~- It) II M I () ~ 0 CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS ~ CITY OF COPPELL ~ THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this th~daY of ~ ,2009, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Teague NaIl & Perkins, Inc. hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Coppell Residential Street Improvements, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined in the Attachment A "Scope of Services," incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. ~-tc!J;;~ J/;z/er AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defmed herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be perfonned under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services, Part I (A & B): The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services, Part II (A & B): When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Pro~ress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 2 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Two Hundred Thirty Thousand dollars ($230,000.00) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Additional Services Part II Fee: The Engineer should be paid a fee under this Contract for Additional Services Part II pursuant to the Fee Schedule described in Attachment A, Scope of Services. Additional Services Part II Fee shall not exceed the lump sum of Seven Thousand dollars ($ 7,000.(0) provided, however, that modifications to the Additional Services Part II, or other conditions defmed herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. C. Total Fee: Total Fee for this Contract shall be a lump sum of Two Hundred Thirty- Seven Thousand dollars ($237,000.00): The lump sum Basic Services Part I Fee plus the lump sum Additional Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer, the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Page 3 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and detennine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. PrQ.ject DeIiverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original,photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. Page 4 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnerin~. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. En~eer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. . 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any Page 5 defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at' the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being perfornled under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on Page 6 the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. PrQ.ject Records and Ri~ht to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the .City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking Page 7 to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Ne2otiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City Engineer City of Coppell Engineering Dept. 255 Parkway Blvd Coppell TX 75019 Page 8 Engineer: IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL BY: ENGINEER:i ~ LA ~ AI ~ /( {pop r 1~''-17 S "r17t BY: ., ~ . LZ/OL, 'b./- ;L/&f {, tI~ - pr- ,'r7Cc'pA I Nam~ & Title Date: l( - Z-tJ - cYt Date: ATTEST: ATTEST: tU-{Vf(A /U (CORPORP.TE SEAL) ATTACHMENT A "SCOPE OF SERVICES" COPPEll RESIDENTIAL STREET IMPROVEMENTS (HEARTZ, DOBECKA, CLEAR CREEK, WILLOW SPRINGS, AND SHADOWCREST) The Engineer agrees to render services necessary for the development and completion of the Project as outlined herein. The Basic Services to be performed by Engineer under this Page 9 Contract includes design survey, and preparation of plans, specifications and estimates for the following elements: I. Topographic survey and design to replace existing residential streets Heartz (l,300 LF south of Sandy Lake Rd), Dobecka (600 LF south of Sandy Lake Rd), and Clear Creek (l,600 LF between Sandy Knoll and Willow Springs). Paving improvements include reconstruction of the existing streets to match current widths, and include standard concrete sidewalks to be reconstructed, or wherever possible, existing sidewalks shall remain. 2. Existing water/sanitary sewer facilities shall be identified, and proposed improvements shown as necessary. Project includes design of 8-inch water line and 8-inch sanitary sewer line to replace the exiting utilities within Heartz, Dobecka, and Clear Creek for the full length of the roadway improvemen~ limits. 3. Significant drainage improvements will not be included in this project. However, TNP shall evaluate adequacy of street capacities to determine if there may be a need for possible drainage improvements. If determined necessary to maintain adequate street capacity conditions, Engineer shall provide design calculations and plan/profile sheets for the construction of additional inlets and connection pipes. Existing inlet tops will be replaced, but design of new improvements is limited to extensions of existing pipes if an additional inlet is deemed necessary, within the limits of construction. Further design of drainage improvements shall be considered additional services. 4. Topographic survey of Willow Springs (2,600 LF between Sandy knoll and Woodhurst) and Shadowcrest (2,500 LF between Moore and Villawood Linear Park). Survey shall be utilized by the City for future roadway replacement design. BASIC SERVICES: I. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements Page /0 with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. 3. The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by and at the expense of the City. 4. The Engineer shall supply the plans to all known utility companies, including franchised utilities and pipeline companies which have known existing facilities within the limits of the Project. One set of dated preliminary plans, and one set of dated and approved advertising (final) plans shall also be submitted at the appropriate intervals. 5. The Engineer shall provide necessary design field surveys for his use in the preparation of preliminary and final plans and specifications. Survey For Design: Provide detailed topographic survey for project along the alignment corridor of each street. This will include horizontal and vertical location of existing above ground features and visible utility appurtenances throughout the length of the project corridor including, but not limited to, existing pavement, fences, water valves, fire hydrants and manholes. Flowlines of existing inlets will be shot and elevations provided. Survey limits will be 50' left/right of the centerline, and side streets will be surveyed for a distance of 100' from the connection point. All trees shall be tied within the described corridor. Lead sidewalks to the house will be tied, along with the locations of any visible sanitary sewer c1eanouts. (a) Survey files for Heartz, Dobecka, and Clear Creek shall be used by Engineer to design the described paving improvements. Survey files for Willow Springs and Shadowcrest shall be provided to the City for use in future design. (b) Establish control network utilizing GPS and City of Coppell published datum. Unless otherwise required, horizontal datum will be NAD 83 and NA VD 88 for vertical datum. (c) Contact utility companies and request them to locate utilities which cross or come close to proposed facilities. Perform field surveys to tie the horizontal and vertical locations of these utilities when located. (d) Establish vertical control benchmarks within the project limits on existing permanent structures. Tie benchmarks to as-built plans for correlation of datum. (d) Attempt to tie right-of-way lines and comers if found, as well as fence lines, and other visible surface features to the survey control network within the proposed route. Page 11 B. PRELIMINARY DESIGN 1. Upon completion of the survey, the Engineer shall then proceed with preparation of the preliminary design of the project. a. Plot existing topographic features including pavement & utilities on (11" x 17") plan and profile sheets (1" =40' horizontal and 1" = 10' vertical). b. Prepare plan and profile drawings of existing and proposed top of curb. c. Roadway cross sections on 50-foot intervals & driveway cross sections. d. Provide typical roadway section. e. Prepare proposed water layout plan views. f. Provide plan and profile vIews for proposed sanitary sewer line replacement. g. Prepare Drainage Area Map (full size, 1: 100 scale) for proposed pavement improvements throughout project. Drainage boundaries will be established through the use of existing development plans, USGS maps, and other data sources. Field surveying will not be performed to establish these boundaries. The final Drainage Area Map will include defined sub-areas with drainage J.D. numbers, area (acres), design frequency, time of concentration, intensity, runoff coefficients ("C"), and resulting sub-area flow ("Q") consistent with the City of Coppell design standards. h. Provide drainage calculations to confirm street capacities. 1. Show approximate right-of-way, if identified by survey. J. Prepare and submit any special condition requirements. k. Show known utility crossings and nearby adjacent utilities as identified from field surveys and information provided by utility companies and the City's record drawings. 2. The Engineer shall provide opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans for the project to the City for review. C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. a. Develop miscellaneous sheets such as Title Sheet, Horizontal Control Sheet, General Notes & Quantities, and Standard Details. b. Prepare Erosion Control Plan sheets (full size, 1 :40 scale) for proposed improvements. The successful bidder (contractor) will be required to supply and submit a formal SWPPP to the TCEQ as owner and operator of the construction project. c. Finalize Typical Sections. Page 12 d. Prepare Traffic Control Plan sheets (full size, I :40 scale) and construction phasing plans for proposed improvements. e. Prepare Storm Sewer Plan and Profile sheets (full size, I :20 scale) to account for possible additional storm sewer inletsl1aterals. f. Prepare final water and sewer plan/profile sheets. g. Prepare final Paving Plan and Profile sheets (full SIze, 1 :20 horizontal scale) for project. h. Provide final design cross sections every 50 feet along the project, to be included in the construction documents. 1. Incorporate comments from the utility companies pertaining to the location of existing facilities and attend utility coordination meeting among impacted utilities at City Hall. J. Prepare Striping/Signage Plans (full size, 1 :40 scale) for proposed project improvements. k. Finalize Special Conditions, which will include Special Technical specifications. 1. Meet with City to develop final phasing of construction and traffic control plan (to be included in construction plans). City will notify the City of Coppell Police and Fire Departments of all proposed construction phase traffic. m. Complete quantity take-off and prepare final estimate of probable construction cost based on final plans. n. Prepare final bid documents including bid proposal forms, construction plans, specifications, and contract documents. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. 3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. D. CONSTRUCTION ADMINISTRATION. 1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre-bid meeting if deemed necessary by the City. Page 13 3. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will attend a pre-construction conference with City staff, Contractor(s), and all affected utility companies. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary, including possible scheduled meetings with the project inspector and the Contractor(s) to discuss the construction progress. A written report can be provided to the City after each of these bi-weekly meetings if needed. 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 10. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a "punch list" of deficient items to the Contractor(s). 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 12. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days after the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system. F. EXCLUSIONS The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the items listed below. However, in the event the following tasks need to Page 14 be performed, the Consultant and City may mutually agree upon a scope/fee amendment to facilitate the tasks: 1. Certification that work is in accordance with plans and specifications, beyond standard preparation of record drawings described. 2. Quality control and testing services during construction. 3. Design of water and sanitary sewer lines beyond those described in scope. 4. Design of retaining walls greater than four feet in height that require structural design. 5. Consulting services by others not included in proposal. 6. Title searches, boundary surveys, deed research, or property surveys. 7. Street light illumination design. 8. Right-of-way parcel descriptions. 9. Detailed construction staking. 10. Full time construction inspection. 11. Preparation of easement descriptions and exhibits. 12. Internal inspection of sanitary sewer lines. 13. Trench excavation safety plan. 14. Preparation of significant plan Change Orders or Addendums, unrelated to Consultant's errors/ omissions. 15. Subsurface Utility Locate Services 16. Structural design 17. HECII & Hydraulic Studies 18. Additional Public Meetings 19. Environmental investigation 20. Services in connection with condemnation hearings 21. Traffic engineering report or study 22. Preparation of SWPPP documents, review fees, NOT, & BMP inspection. COMPENSATION: The maximum overall fee established herein shall not be exceeded without written authorization from the City of Coppell, justified by increased scope of services. The following is a summary of the estimated charges for the various elements of the proposed services: Part I: Basic Fee (lump sum) A. Engineering and Surveying for Design.................................... $ 188,000 B. Surveying for Future Design ................................................ $ 42,000 Subtotal: $ 230,000 Page J 5 Part II: Additional Services A. Reimbursable Expenses (printing, as-built prep, cost-plus) ...............$ 2,000 B. Public Meetings (Attendance and/or exhibits)............. Hourly NTE $ 5,000 Subtotal: $ 7,000 Total Fee: $ 237,000 Page J 6 A TT ACHMENT B TEAGUE NALL AND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2009 to December 31, 2009* En~ineerina I Technical Principal Project Manager Senior Engineer Engineer Landscape Architect / Planner Designer Senior Designer CAD Technician Senior CAD Technician IT Consultant IT Technician Clerical . Resident Project Representative 5urvevin~ Survey Office Manager Registered Professional Land Surveyor S.I.I. Senior Survey Technician Junior Survey Technician 2-Person Field Crew w/Equipment 3-Person Field Crew w/Equipment 4-Person Field Crew w/Equipment 1-Person G.P.S. Crew w/Equipment 2-Person G.P.S. Crew w/Equipment 3-Person G.P.S. Crew w/Equipment 1-Person Robotic Crew w/Equipment 2-Person Robotic Crew w/Equipment Direct Cost Reimbursables Photocopies, Scans & PDF Files: $0.10/page $0.20/page $1.00/page $2.00/page $4.00/page $1.00/page $2.00/page $4.00/page $6.00/page $6.00/page $0.55/mile Plots: Mileage From To $160 $210 Per Hour $115 $190 Per Hour $110 $210 Per Hour $80 $140 Per Hour $70 $160 Per Hour $85 $120 Per Hour $100 $145 Per Hour $60 $90 Per Hour $75 $110 Per Hour $120 $150 Per Hour $70 $120 Per Hour $50 $80 Per Hour $70 $110 Per Hour $125 $170 $110 $150 $70 $100 $70 $100 $60 $85 $115 $125 $150 $125 $145 $165 $110 $130 letter and legal size bond paper, B&W 11" x 17" size bond paper, B&W letter, legal and 11" x 17" size bond paper, color 22" x 34" and larger bond paper or vellum, B&W 22" x 34" and larger bond paper or vellum, color 11" x 17" size bond paper, B&W 11" x 17" size bond paper, color 22"x34" and larger bond paper or vellum, B&W 22"x34" and larger bond paper or vellum, color 22"x34" and larger mylar or acetate, B&W All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. * Rates shown are for calendar year 2009 and are subject to change in subsequent years. 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