NL Cypress-CN110314 F R E E S E Innovative approaches
. Practical results
Z 1 I 1 Outstanding service
4055 International Plaza, Suite 200 • Fort Worth, Texas 76109 • 817- 735 -7300 • fax 817 - 735 -7491 • www.freese.com
March 14, 2011
Mr. Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
City of Coppell
255 Parkway
Coppell, TX 75019
Dear Mr. Griffin:
In response to our telephone conversation with you on March 7, 2011, we are pleased to submit this
proposal for providing professional engineering/planning services to the City of Coppell (CITY) for the
Analysis of Short Term Water and Wastewater Service to Cypress Waters.
We understand that the analysis is needed to finalize the agreement with Cypress Waters on interim utility
service, and we will utilize previous work and knowledge of the development in performing our services.
SCOPE OF SERVICES
Freese and Nichols (FNI) will render the following professional services in connection with the
development of the Project:
1. FNI will develop average dry weather and peak wet weather wastewater flows for area identified
in the first phase of the proposed Cypress Waters development based on data provided by the
City. The proposed area to be analyzed will have 480 flats and 173 townhomes.
2. FNI will utilize the wastewater model to evaluate available capacity in Coppell's existing
wastewater system for the projected flows of the first phase of Cypress Waters. If the projected
flows exceed the available capacity in the wastewater system, FNI will evaluate the maximum
available capacity under peak we weather conditions and convert that flow into a maximum
number of units.
3. .FNI will utilize the water model to evaluate the maximum available capacity for construction
water in the water distribution system for Cypress Waters under maximum day and peak hour
demands while maintaining TCEQ requirements, such as minimum pressures.
4. FNI will prepare a draft technical memorandum summarizing the project flows and water and
wastewater model results. FNI will provide the city with three (3) copies of the draft
memorandum.
5. FNI will meet with the City to discuss the model results and the draft memorandum.
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After receiving comments from the City on the technical memorandum, FNI will revise and finalize the
memorandum and provide the City with three (3) copies of the final memorandum.
TIME OF COMPLETION
FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to
complete the services in accordance with the following schedule:
• Submit Draft Memo (PDF via email) within two weeks from Notice to Proceed.
• Submit Final Memo (PDF and hard copies) within three days of receiving comments from City.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of
compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of
delay.
RESPONSIBILITIES OF CITY
City shall perform the following in a timely manner so as not to delay the services of FNI:
A. Designate in writing a person to act as City's representative with respect to the services to be
rendered under this Agreement. Such person shall have contract authority to transmit
instructions, receive information, interpret and define City's policies and decisions with respect to
FNI's services for the Project.
B. Provide all criteria and full information as to City's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which City will require to be included in the plans and specifications.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to the Project.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as City
deems appropriate for such examination and render in writing decisions pertaining thereto within
a reasonable time so as not to delay the services of FNI.
E. Provide such accounting, independent cost estimating and insurance counseling services as may
be required for the Project, such legal services as City may require or FNI may reasonably request
with regard to legal issues pertaining to the Project.
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DESIGNATED REPRESENTATIVES
FNI and City designate the following representatives:
City's Designated Representative Name: Kenneth M. Griffin, P.E.
Address: 255 Parkway
Coppell, TX 75019
Phone: 972 - 304 -3686
Fax: 972 - 304 -7041
E -mail: kgriffin @ci.coppell.tx.us
City's Accounting Representative Name:
Address:
Phone:
Fax:
E -mail:
FNI's Project Manager Name: Jessica Brown, P.E.
Address: 4055 International Plaza, Suite 200
Fort Worth, TX 76109
Phone: 817- 735 -7406
Fax: 817 - 735 -7492
E -mail: j lb @freese.com
FNI's Accounting Representative Name: Jana Collier
Address: 4055 International Plaza, Suite 200
Fort Worth, TX 76109
Phone: 817 - 735 -7354
Fax: 817 - 735 -7496
E -mail: jvc @freese.com
COMPENSATION
FNI proposes to furnish our services as described herein in accordance with Attachment CO,
"Compensation ". The total fee for Basic Services shall be computed on the basis of Attachment CO but
shall be the lump sum fee of Thirteen Thousand Five Hundred Dollars ($13,500). If FNI sees the Scope
of Services changing so that additional services are needed, FNI will notify the City for the City's
approval before proceeding. Additional services shall be computed based on the Schedule of Charges
found in Attachment CO.
Payment of the services shall be due and payable upon submission of a statement for services. Statements
for services shall not be submitted more frequently than monthly.
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TERMS AND CONDITIONS OF AGREEMENT
We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and
Conditions of Agreement ".
We appreciate this opportunity to submit this proposal. If additional information or clarification is
desired, please do not hesitate to contact us. If you are in agreement with the services described above
and wish for us to proceed with this assignment, please sign below and return one copy of the agreement
for our files.
Yours very truly, Approved:
FREESE AND NICHOLS, INC. CITY OF COPPELL, TEXAS
?Agkr--ad
Jessica Brown, P.E.
Associate By: /
`cu I tpS
Print or Type Name
Title: C TV� I N MM 1 04-A e r
Thomas Haster, P.E. 3� t 1
Principal Date: Z O \
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ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER
A. Basic Services: Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum
of Thirteen Thousand Five Hundred Dollars ($13,500). If FNI sees the Scope of Services changing
so that additional services are needed, including but not limited to those services described as
Additional Services in Attachment SC, FNI will notify CLIENT for CLIENT's approval before
proceeding. Additional Services shall be computed based on the Schedule of Charges.
B. Schedule of Charges for Additional Work:
Staff Member Salary Cost Times Multiplier of 2.21
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen,
clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions,
unemployment compensation insurance, retirement benefits, medical and insurance benefits,
longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to
1.632 times payroll. This factor is adjusted annually).
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication
expense, travel, transportation and subsistence away from the FNI office and other miscellaneous
expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members. For Resident Representative
services performed by non -FNI employees and CAD services performed In -house by non -FNI
employees where FNI provides workspace and equipment to perform such services, these services
will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI
employee was performing the same or similar services.
Rates for In -house Services
Computer Printing
$10.00 per hour Black and White
$0.10 per copy
Plotter Color
Bond $ 2.50 per plot $0.50 per copy
Special $ 5.00 per plot
Color $ 5.75 per plot Bindin
$5.75 per book
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CLIENT
10 - 25 - 07 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Coppell. The term FNI as used herein refers to Freese
and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services
refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under
this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services
under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss of use of the
equipment or system, loss of anticipated profits or revenue, non - operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate steps for
cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in
the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of
the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services.
FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for
reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written
verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's
independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent associates and
consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings, report data
and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities.
Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold
harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
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FNI
OWNER
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to
the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition
at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may
be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this
AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services,
and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further, FNI shall have
no responsibility for any pollutant during clean -up, transportation, storage or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present
day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an
experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor,
material, equipment or services furnished by others or over market conditions or contractors' methods of determining their
prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction Representation
according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in
general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor
to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to
Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the
supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the
work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or
agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the
capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this
AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the
services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this
AGREEMENT will be added to FNI's compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the amounts due FNI will be increased at the rate of one percent (1 %) per month from said
thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under
this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT
may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors,
administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to
the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of
all covenants, agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI
from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of
services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions typed
on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order
and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict.
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