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ST1002-CN080701Page 1 of 2 Ken Griffin - Re: Old Town Coppell survey From: Ken Griffin To: Tricia Hatley Date: 6/25/2008 4:12 PM Subject: Re: Old Town Coppell survey CC: Clay Phillips Trish Go ahead and submit a letter agreement for the work. Make sure there is a signature block for the City Manager. Thanks Ken Griffin »> "Tricia Hatley" <thh@freese.com> 6/24/2008 1:03 PM »> Ken, Jim Brittain agreed with the approach of preparing a preliminary plat for the ROW's. Following is our outline scope of work: . Survey and recreate the boundary lines necessary to create a preliminary plat of the Old Town Coppell site. . Survey and stake with iron rod corners the new right-of-way lines created by the preliminary plat. Since the plat will not be finalized and certified, the corners can be changed if necessary after completion of this task. The iron rods staked will be certifiably correct iron rods available for future right-of-way dedications or final platting. A certified boundary survey map of the city owned property is not included in this scope of work. Survey and prepare a certified boundary survey of the Hossan track indicating the right-of-way take needed by the city per the Old Town Coppell preliminary plat document. Jim's fee for this work totals $10,000. Since FNI is not sales-tax exempt, we would need to add in sales tax for portions of this work. We would typically also add a 10% mark up to cover our administrative costs. Since you've done work directly with Jim, it would be fine with me for the City to contract directly with him thus saving the sales tax and the markup. FNI has already incurred approximately $1900 preparing the line work for you and Jim to review. We expect that our effort could go up to $2500 as we assist Jim with issues that come up, make revisions, etc. We are not being compensated for this work by the developer as they feel like this is a city responsibility. So, it would be great if we could amend our S. Coppell Road contract to include some time for FNI (or also the survey work if you don't want to mess with handling Jim's work yourself). If we put it all under FNI, the total would be about $14,100. Jim is very slow on work right now, so I know he can jump on this right away. Let me know how you want to move forward on this. Also, let me know if you had any discussions with Clay about the concept plans for the park area. Trish Tricia H. Hatley, PE Freese and Nichols, Inc. 1701 N. Market St., Suite 500 Dallas, Texas 75202 ~„~i~,: ala.szo.zson ' direct: 214.217.2217 file://C:\Documents and Settings\rbrother\Local Settings\Temp\XPgrpwise\48626E6FCity... 6/26/2008 Fr~~~~ ~~h~~.~, Inc. ;_~~~,;~,~~~~ 1701 NoiYh tlark~rSir ~~t, ~urt~~ 500 LG';1 D, June 26, 2008 Mr. Jim Witt City of Coppell PO Box 9478 Coppell, TX 75019-9478 Dear Mr. Witt, Environmen[nl Sci%uiiscs Arch~iCects s, TX 1,Zi1'2 214 9_t)-2500 '14 9.0 ,S(5 lax e,~, n~.fu~r~F~.runi In response to our conversation on Monday, June 23, 2008, we are pleased to submit this proposal for providing professional enguieering services to the City of Coppell for the survey of the Old Town Coppell site. SCOPE OF SERVICES Freese and Nichols (FNI) will render the following professional services u>t connection with the development of the Project: retain Brittain & Crawford, LLC as survey subconsultant to complete the following survey services. • Survey and recreate the boundary lines necessary to create a prelinunary plat of the Old Town Coppell site. • Survey and stake with iron rod corners the new right-of--way lines created by the preliminary plat. Since the plat will not be finalized and certified, the confers can be changed if necessary after completion of this task. The iron rods staked will be certifiably correct iron rods available for fi-ture right-of--way dedications or final plattuig. A certified boundary survey map of the city owned property is not included in this scope of work. • Survey and prepare a certified boundary survey of the Hossan track indicating the right-of--way take needed by the city per the Old Town Coppell preliminary plat document. TI1VIlC OF COMPLETION FNI is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the services with three weeks from the date of this agreement. If FM's services are delayed tluough 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 cumber of days of delay. Page 2 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 instnlctions, 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 fiu-nish copies of all design and consriuction standards which CITY will require to be included in the plans and specitications. C. Assist FNI by placing at FNI's disposal all available infol-Ination pertinent to the Project including previous reports and any other data relative to the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this Agreement. E. 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. F. CITY shall make or arrange to have made ali subsurface investigations, including, but not limited, to borings, test pits, soil resistivity surveys, and other subsurface explorations. CITY shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by CITY. G. 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. DESIGNATED REPRESENTATIVES FNI and CITY designate the following representatives: CITY's Designated Representative - Mr. Ken Griffin PO Box 9478 Coppell, TX 75019-9478 Phone: 972-304-3679 E-maiL• k rig ffin~?ci.coppclLtx.us CITY's Accounting Representative - Name: _ Address: Phone: Fax: _ E-maiL• T:\CONTRACTS\Coppell\Old Town Coppell\Survcy L~r Agrcadoc Page 3 FNI's Project Manager - FNI's Accounting Representative - COMPENSATION Tricia H. Hatley, P.E. 1701 N Market Street, Suite 500 LB 51 Dallas, Texas 75202-2001 Phone: 214-217-2217 Fax: 214-217-2201 E-mail: thhwfrccsc.com Bill Grozdanich 1701 N Market Street, Suite 500 LB S l Dallas, Texas 75202-2001 Phone: 214-217-2254 Fax: 214-217-2201 E-mail: bj~(~u,ti-eese.com 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 a fee not-to-exceed Fourteen Thousand One Hundred Dollars ($14,100). 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. TERMS AND CONDITIONS OF AGREEMENT We propose to furnish our services as described herein i^ 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, FREESE AND NICHOLS, INC. ,.~. a, s ~~t.: Tricia H. Hatl (y P.E. ,~ Title: Principal . _. __ Date: t<<~ ~ ;' L~. lc~.%` Approved: CITY OF COPPELL ~,,. _--r"".. .ry ,. itt Title: City Mana>~er Date: /, /r~ ~i/~/ T:\CONTRACTS\Coppcll\Old Town Coppcll\Survcy Ltr Agrcc.doc ATTACHMENT CO COMPENSATION A. Not to Exceed: The total fee for Basic Services shall be computed on the basis of the Schedule of Charges but shall not exceed Fourteen Thousand Oue Hundred Dollars ($14,100). 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, FNI will notify CITY for CITY's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Charges: POSITION MIN MAX PRINCIPAL 200 260 GROUP MANAGER 200 260 SENIOR ENGINEER 155 205 ENGINEER (PE) l 15 165 ENGINEER (EIT) 85 120 ELECTRICAL ENGINEER 85 170 MECHANICAL ENGINEER 70 170 ENVIRONMENTAL SCIENTIST 55 160 ARCHITECT 55 150 LANDSCAPE ARCHITECT 100 150 SENIOR URBAN PLANNER 125 200 URBAN PLANNER 70 100 SR. CONSTRUCTION CONTRACT ADMINISTRATOR 105 150 CONSTRUCTION CONTRACT ADMINISTRATOR 70 115 GIS COORDINATOR 105 1 l5 GIS ANALYST 60 100 DESIGNER 50 130 TECHNICIAN 45 100 OPERATIONS ANALYST 75 105 CONTRACT ADMINISTRATOR 65 95 WORD PROCESSING/SECRETARIAL 45 85 CO-OP 45 60 The ranges and individual salaries will be adjusted annually. EXPENSES Plotting Printing Bond $ 4.00 per plot Bluelines/Blackiines $0.55 per square foot Color $21.50 per plot Offset and Xerox Copies/Prints $0.10 per side copy Vellum $ L 1.50 per plot Color Copies/Prints $0.50 per side copy Mylar $15.00 per plot Binding $5.75 per book Computer Computer Usage $10.00/hour Travel 50.5¢ per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. r._ ~1 T:\CONTRACTS\Coppcll101d Town Coppcll\Survcy Ltr Agrcadoc FNI Z~ CO-1 CITY '~ i 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. [f 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 mun~al 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, FM will be paid for all services rendered and reimbursable expenses incurred to the date of ternination and, in addition, all reimbursable expenses directly attributable to ternination. 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 indenu~ify and hold FNt 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 General Aggregate $2,000 Workers' Compensation Each Accident $500 Automobile Liability (Any Auto) CSL $1,000 Professional Liability $3,000 Annual Aggregate 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 FNl 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. 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 docruments 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 FN[ will be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indenmify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page lof 2 FN[ [.5.: OWNER __ POLLU'CANTS 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 connnensurate 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. l0. OPINION OT PROBABLE COSTS: FM will fi-mish an opinion ofprobable 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. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Constn-ction 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 perforn~ing 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 -tot be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and progra-ns 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 FM'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. l2. 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 fot• services therefore, the amounts due FNI will be increased at the rate of one percent (1 %) per month from said thirtieth (30t1t) 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. l4. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI a-~e hereby bound to the other party to this AGREEMENT acid 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 FN[ shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that arc 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 stilted 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: Ifa Purchase Order is used to authorize FNI's Services, only the teens, 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. Page 2of 2 FNI Y` OWNER