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
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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
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.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