Tax 2011-CN110517
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Keith Marvin - Scope and Fee
From: "Raj Mehta" <RMehta@jqieng.com>
To: "Keith Marvin" <kmarvin@coppelltx.gov>
Date: 5/17/2011 5:11 PM
Subject: Scope and Fee
Attachments: Coppell Fee.xls; draft_scope.doc; ConsultingEngineerCont .doc
Keith:
We can provide boundary verification as part of the as-built survey. No fee revision for that line item was
required. I did adjust the reproduction costs to deliver the required number and format of progress submittals. I
also increased technician time by 20 hrs for the overall project to allow for delivery of CADD files at the 60% and
90% milestones.
The contract language is fine. I made majority of adjustments in Attachment A. I assume my scope id the
“Project Specific Scope” referred to in Attachment A. Changes that I made to the Project Specific Scope are
highlighted in yellow. I’m guessing you and I may have one more round of comments/revisions, but I am pleased
we were close on the first go-around.
Thanks,
Raj
C. RAAJAN MEHTA, PE
PRINCIPAL
2105 COMMERCE STREET, DALLAS, TEXAS 75201
972 392.7340 PHONE 972.603.6653 CELL
RMEHTA@JQIENG.COM EMAIL
JQENG.COM
ZWEIG WHITE HOT FIRM
2009, 2008, 2007
ZWEIG WHITE BEST FIRM
2009, 2008, 2007
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Task 1 – General Requirements
ENGINEER shall perform all general administrative duties associate with the project,
including progress monitoring, scheduling, general correspondence, office administration
and invoicing. These duties include maintaining day to day contact and liaison with the
OWNER, ensuring the needs of the OWNER are met in a timely manner and ensuring
that the work is executed in accordance with the work plan, budget and schedule.
ENGINEER will attend one (1) Project Kickoff Meeting and will attend up to six (6)
Project Progress Meetings during the design phase of the project.
ENGINEER will prepare notes, minutes, memorandums and reports and provide copies
of these documents as required by the OWNER as required for completion of tasks
outlined this Scope of Work.
Limits of Project
The general limits of this project can be defined as follows:
1. Vanbebber Road – From north Right-of-Way boundary to south Right-of-Way
boundary, from east intersection of Vanbebber Road and Denton Tap Road, to
west intersection of Vanbebber Road and Heartz Road, approximately 1,300
linear feet.
2. Sandy Knoll Drive – From east Right-of-Way boundary to west Right-of-Way
boundary, from south intersection of Sandy Knoll Drive and Sandy Lake Road to
north intersection of Sandy Knoll Drive and Woodhurst Drive, approximately
2,000 linear feet.
Task 2 – Survey
ENGINEER will provide services of a State of Texas Registered Professional Land
Surveyor to provide boundary, right-of-way, and topography survey of Vanbebber Road,
approximately 1,300 linear feet from Denton Tap Road to Heartz Road, and Sandy Knoll
Drive, approximately 2,000 linear feet from Sandy Lake Road to Woodhurst Drive, for
the design of road pavement, sidewalk, and utility reconstruction. Scope of Work
includes the following:
1. Coordination with the City of Coppell to provide survey notification and/or right-of-
entry letters to adjacent property owners.
2. Horizontal and vertical survey control will be based on the City of Coppell Geodetic
Control Network.
3. As a minimum, provide a temporary benchmark every 1,000 feet. Temporary
benchmarks will not be placed on curbs, sidewalks, or in pavements subject to
reconstruction.
4. Research Dallas County Appraisal District records for property owner names and
property addresses.
5. Research Deed Records of Dallas County, Texas, for right-of-way lines, sidewalk
easements along Vanbebber Road, and adjacent lot boundary or parcel boundary
information.
6. Locate and measure property boundary monuments to verify the right-of-way
location.
7. The topography survey will include the entire street right-of-way width. Cross
sections will be measured every 50 feet from right-of-way line to right-of-way line,
including all grade breaks and visible improvements inside the right-of-way and a
minimum of 10 feet outside of the right-of-way.
8. The topography survey will extend 100 feet in all directions at every street
intersection and at every alley intersection.
9. The topography survey will extend to either the front porch of finished floor elevations
of the houses fronting the project streets. Obtain sufficient field information needed
for the design of new sidewalks for compliance with the American Disabilities Act.
10. Map the location of improvements including, but not limited to the following:
a.
Curbs, curb gutters, sidewalks, driveways, driveway approaches, and pavements
b.
Esplanades or medians
c.
Curb inlets and/or storm drains with flowline elevations
d.
Storm drain manholes with flowline elevations and pipe sizes
e.
Water meters and water valves. Provide top of nut elevations of water valves.
f.
Fire hydrants
g.
Wastewater manholes with flowline elevations and pipe sizes
h.
Wastewater clean outs
i.
Irrigation control valves
j.
Gas meters and valves
k.
Light poles, power poles, and down guy wires
l.
Electric transformers and boxes
m.
Telephone pedestals and boxes
n.
Traffic signal control boxes
o.
Traffic signs and utility signs
p.
Mailboxes
q.
Privacy walls and retaining walls with height and type of material identified
r.
Fences with height and type of material identified
s.
Trees with their sizes and types identified
t.
Shrubs and landscape areas
11. Provide finished floor elevations of the houses at the following addresses to verify
new grading design at the intersection of Sandy Knoll Drive and Shadowcrest Lane:
a.
401 Sandy Knoll Drive
b.
468 Shadowcrest Lane
c.
469 Shadowcrest Lane
d.
505 Shadowcrest Lane
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12. Submit underground utility lines location request to Texas 811. Map the locations of
paint marks and/or pin flags left by utility locators.
13. Perform an as-built survey of the newly constructed roads, sidewalks, pavements,
curb inlets with flowline elevations, storm manholes with flowline elevations,
wastewater manholes with flowline elevations, water valves, and water meters.
Task 3 – Detailed Design
ENGINEER will prepare detailed design drawings, specifications and bid documents for
the reconstruction of road pavement, sidewalk, and water, sewer and storm sewer at
Vanbebber Road, from Denton Tap Road to Heartz Road, and Sandy Knoll Drive, from
Sandy Lake Road to Woodhurst Drive, for the design. Scope of Work includes the
following:
1. Preparation of detailed plans and specifications, incorporating the OWNERS most
current design standards and details. Design plans will be prepared using AutoCadd
Version 2010. Digital files of all design plans will be delivered to the OWNER at the
completion of the project.
2. Plan reviews will be conducted at the 60%, 90% and 100% design stages.
Comments from OWNER will be addressed and incorporated into each subsequent
review set and into the final signed and sealed bid documents.
3. Each set for OWNER review will be submitted in hardcopy format. Review plans and
specifications will be bound. Four (4) complete hardcopies of each review set
comprised of two (2) full size 22 x 34 drawings and two (2) half size 11 x 17 drawings
and four (4) sets of specifications including bid documents, will be delivered to the
OWNER. One electronic copy of the complete review submittal set including
drawings and bid documents in a *.PDF format shall be delivered to the OWNER. A
single copy of electronic CADD drawing files in formatted in AutoCadd Version 2010
shall be delivered with each progress review submittal at OWNERS request.
4. Design shall include the following:
a. Pavement removal and reconstruction within the limits of the project.
Horizontal, vertical profile and cross sections at 50 ft. intervals, and all
driveway, intersections, and alley crossings that do not fall at the 50 ft.
interval location.
b. Grading plans shall include the design of retaining walls as necessary to
achieve the proposed grades within the limits of the project
c. Water pipeline removal and reconstruction including service connections up
including replacement of meter can and setter, hydrants, flushing
connections, etc., within the limits of the project. Meter replacement will be
shown at locations determined by the OWNER and meters shall be specified
to be provided by OWNER and installed by the contractor.
d. Sanitary sewer pipeline removal and reconstruction including all manholes,
lateral connections and service connections up to the right-of-way and within
the limits of the project.
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e. Removal and replacement of sidewalks and design of additional sidewalks as
agreed upon by the OWNER and ENGINEER, within the limits of the project.
f. Removal and replacement of drive approached and drives up to the right-of-
way or to a point as determined by the ENGINEER and approved by the
OWNER.
g. On and off-site drainage analysis and evaluation of existing storm water
conveyance capacity, both surface and storm sewer, for each roadway
segment included in this scope of work.
h. Removal and replacement of storm sewer system and extension/expansion
of the storm sewer system within the limits of the project, as agreed upon by
OWNER and ENGINEER.
i. Signage and striping plan.
j. Preparation of traffic and specifications.
5. ENGINEER shall deliver four (4) sets of bidding documents to the OWNER that
consist of two (2) full size 22 x 34 drawings and two (2) half size 11 x 17 drawings
and four ( 4) sets of specifications that include standard bid tab, bid forms, etc., and
technical specifications. A single copy of electronic CADD drawing files in formatted
in AutoCadd Version 2010 shall be delivered with the bid document submittal at
OWNERS request.
6. At OWNERS discretion, the plans for Vanbebber Road and Sandy Knoll Drive may
be combined into a single set of construction documents or will be divided into two
separate construction projects.
Task 4 – Bidding Assistance
ENGINEER shall assist the OWNER during the construction phase and provide the
following services:
1. Attend up to two (2) pre-bid meetings, one meeting for each potential construction
project.
2. Respond in writing to all Contractor submitted questions, requests for clarification,
and requests for information (RFIs).
3. Publish all bid addenda including revisions to bid documents, specifications and
engineering plans.
4. ENGINEER shall reproduce, and distribute bid documents to prospective bidders in
either full size or half-size hardcopy or in electronic *.PDF format as requested by the
prospective bidder. ENGINEER shall maintain a current list of plan holders during
the bidding period.
5. Review all bid tabulations and assist the OWNER in recommendation of award to
qualified contractor.
6. Combine all written addenda into a conformed fifteen (15) set of plans and
specifications OWNER that consist of ten (10) full size 22 x 34 drawings and five (5)
half size 11 x 17 drawings and fifteen (15) sets of specifications that include standard
bid tab, bid forms, etc., and technical specifications. A single copy of electronic
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CADD drawing files in formatted in AutoCadd Version 2010 shall be delivered with
conformed set submittal at OWNERS request.
Task 5 - Construction Phase Services
ENGINEER shall assist the OWNER during the construction phase and provide the
following services:
1. Attend one (1) public review/informational meeting.
2. Attend pre-construction coordination meeting.
3. Attend a minimum of (6) construction progress meetings per street project (minimum
of 12 total meetings) to coordinate portions of the work related to the ENGINEER’s
design.
4. Attend up to six (6) site visits to observe construction of portions of the work related
to the ENGINEER’s design.
5. Perform review of submittals for work related to the ENGINEER’s design.
6. Provide written responses to RFI submittals for work related to the ENGINEER’s
design.
7. Provide review and written responses for Contractor Change Order Requests and
Requests for Information.
8. Attend one (1) walk-through to perform substantial completion review and generate a
written punch list of items for Contractor to complete.
9. Attend one (1) final walk-through to review the completed punch list.
10. Provide full-size hardcopy, electronic PDF and CADD formatted Record Documents
that reflect the As-Built conditions. A single copy of electronic CADD drawing files in
formatted in AutoCadd Version 2010 shall be delivered with as-built submittal.
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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 the _______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 ___________________, 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 __________________________________,
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 herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, 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.
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 defined 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
performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services Parts I & II: 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 Not Included In Basic Services: 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. Progress 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
dollars ($ ) 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. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract
for Basic Services Part II pursuant to the Fee Schedule described in Attachment A,
Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of
dollars ($ ) provided, however, that
modifications to the Basic Services Part II, or other conditions defined herein may
necessitate a change of Basic Fee which shall be reduced to writing and approved by
the City or its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
dollars ($ ): The lump sum Basic
Services Part I Fee plus the lump sum Basic 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
Page 3
discovered in any invoice whether paid to the Engineer or not, and to withhold the
funds requested by the Engineer relative to the error.
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 determine 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. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
Deleted:
one set of reproducibles, one
the Engineer shall provide the City with number of complete sets of drawings
set of bluelines or hard copy and
specifications and electronic file copies as described in Attachment A.
electronic media of the submittal
documents. For any required
environmental assessment, the Engineer
A transmittal letter shall be included with the Environmental Reports and shall include an
shall provide one set of draft and one set
of final Environmental Reports. The
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Environmental Reports shall be submitted
Recommendations; and d.) Mitigation/remediation cost estimates.
as original reproducibles and on
electronic media. The electronic file
may omit photographs and government
7. Project Control. It is understood and agreed that all Services shall be performed under the
prepared maps. If photographs are
included in the report they shall be taken
administrative direction of the City Engineer. No Services shall be performed under this
with a 35 mm camera or larger format
Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer.
camera. Color laser copies may be
substituted for the original photographs in
In addition, the Engineer shall not proceed with any Services after the completion and
the final report.
Page 4
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. Partnering. 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.
Deleted:
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
Deleted:
termination shall be paid by the Engineer.
10. Engineer'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 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
Page 5
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 performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
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.
Page 6
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. Project Records and Right 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 to
do business with the City of Coppell, loans, services, payments, entertainment, trips,
money in any amount, or gifts of any kind.
Page 7
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 Negotiations. 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.
Page 8
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 of Coppell, Texas
______________________
______________________
______________________
______________________
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 ENGINEER:___________________
BY: BY:
______________________ ______________________________
Mayor Name & Title
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
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ATTACHMENT "A" BASIC SERVICES
(To be modified for Project Specific Services)
The Engineer agrees to render services necessary for the development and completion the
Project as outlined herein. The Basic Services to be performed by Engineer under this
Contract include the following:
A. SCHEMATIC DESIGN
1.When requested by the City, the Engineer shall attend a preliminary conference with
Deleted:
s
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
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 made
only upon authorization by and at the expense of the City.
4.During the schematic design phase the Engineer shall coordinate with all utilities as to any
proposed utility lines or the need for adjustment to the existing utility lines within the
project limits. The information obtained shall be shown on the schematic plans and
addressed in the schematic design report. The Engineer shall show on the schematic,
preliminary, and final plans the location of the proposed utility lines, existing utility lines,
and any adjustments and/or relocation of the existing lines based of information provided
by the respective utility company.
5.The Engineer shall provide necessary design field surveys for his use in the preparation of
plans and specifications. The Engineer shall also provide sufficient property surveys to
prepare the necessary right-of-way document and related exhibit for acquisition of right-of-
way with use of Engineer’s documents.
6.The Engineer shall supply construction plans to all utility companies, including but not
limited to franchised utilities and pipeline companies which have existing and proposed
facilities within the limits of the Project. The above mentioned construction plans shall
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consist of the following: one set of schematic plans, one set of dated preliminary plans,
and, one set of dated and approved advertising (final) plans.
Comment [MSOffice1]:
Is this
7. needed? I don’t have it in my scope or
fee.
Deleted:
The Engineer shall furnish
for City review two (2) copies each of
the schematic engineering plans at a
B. 60% Design Submittal
scale of 1”=20’ and a written report on
the project in sufficient detail to indicate
clearly the problems involved and the
alternate solutions available to the City,
to include layouts, preliminary right-of-
way needs, opinion of probable cost for
1.The Engineer shall meet with the City to discuss the 60% design plans .The Engineer will
each alternate proposed, and the
then proceed with preparation of the final design of the project incorporating all comments
Engineer’s recommendation(s
received from the City and agreed upon by both the City and the Engineer into these
Deleted:
).
plans.
Deleted:
PRELIMINARY DESIGN
Deleted:
schematic
2.The Engineer shall provide detailed design data, profiles, cross-sections where
Deleted:
and report,
appropriate, opinions of probable cost, and furnish copies of detailed preliminary design
Deleted:
and t
plans for the project to the City for review as specified in the attached Project Specific
Deleted:
preliminary
Services. The Engineer shall indicate on the plans the location of existing and proposed
Deleted:
two (2)
utilities and storm drains. Storm drainage calculations shall also be provided on the
drainage layout sheet in the plans.
Deleted:
<#>After receipt of
preliminary design review comments
from the City, the Engineer shall make
all corrections noted and then commence
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
preparation of the final design plans and
specification/contract documents.¶
1.Incorporating all City review comments from the 60% design submittal, the Engineer will
Deleted:
preliminary
complete the final plans, prepare contract documents/specifications, and a final opinion of
probable cost for the authorized construction units. 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 shall be submitted to the City for final
Deleted:
(2 copies each)
approval as specified in the attached Project Specific Services.
2.After receipt of final plan/specifications/contract documents review comments from the
City, the Engineer shall make all corrections noted and then furnish distribute Contractors
Deleted:
twenty (20) copies of
contract documents and final bid plans to
for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal,
the City for distribution to
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 bond paper, or as
Deleted:
plastic film sheets
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
Page 11
shall not be liable for the use of such drawings for any project other than the project
described herein.
4.The Engineer shall determine the right-of-way and easement needs necessary for the
construction of the project and furnish same to City. The Engineer shall provide the
necessary land survey, Deed and Abstract Records search, right-of-way exhibit and
description of the single property parcel to be acquired for this project.
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.
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 arrange 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. Engineer will attend progress meetings and provide
Deleted:
However, once every two (2)
weeks the Engineer shall attend a
construction observation site visits as specified in the attached Project Specific Services.
scheduled meeting with the project
inspector and the Contractor(s) to discuss
7.Engineer will consult and advise the City regarding the need for any contract change the construction progress. A written
report shall be provided to the City after
orders and will prepare change orders as required for City approval.
each of these bi-weekly meetings.
8.Engineer will be available for interpretation of plans and specifications as may be required
by the Contractor(s) in the field.
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9.Engineer will provide, in conjunction with the City, a final inspection of the project and
Deleted:
<#>The Engineer will,
with assistance from the City Inspector
provide a “punch list” of deficient items to the Contractor(s).
on the project(s), prepare and process
monthly and final pay requests from the
10.Engineer will revise construction drawings as necessary to adequately reflect any revisions Contractor(s) to the City.¶
in the construction from that which was represented on the plans and/or specifications.
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.
Formatted: Bullets and Numbering
Page 13
City of Coppell
Roadway Reconstruction Projects
Project A - Vanbebber Road, from Denton Tap Road to Heartz Road
Project B - Sandy Knoll Drive, from Sandy Lake Road to Woodhurst Drive
JQ Infrastructure
FEE BREAKDOWN
PREPARED BY: C. RAAJAN MEHTA PE
LAST REVISED: 05/05/2011
Senior
Project Direct Costs
Project
Principal, Designer Sub-Total $ for
Manager, Engineer (mileage,
Admin hrs.Survey, LS
hrshrs.hrs.hrs.copies, etc)Task
TaskNo.Description
1.1
General Proj Mgmt
12.0040.00$ 7,820.00
1.2
Kickoff Meeting (1)
3.003.00$ 735.00
1.3
Project Meetings (Assume 6)
12.00$ 1,680.00
1.4
QA/QC
30.00$ 4,200.00
1.5
Administration
40.00$ 2,000.00
1.6
Plans/Specs Repro
$ 3,000.00$ 3,000.00
$ 19,435.00
Project A - Vanbebber Road (1320 LF +/-)
A.1
Research/Review Exisitng Plans8.00$ 840.00
A.2
Design Survey$6,825.00$ 6,825.00
A.3
Drainage Evaluation8.0016.00$ 2,800.00
A.4
Prepare 60% Plans and Specifications
10.0060.00100.00$ 16,700.00
A.5
Comment Review and Response16.00$ 1,680.00
A.6
Prepare 100% Plans and Specifications10.0040.0070.00$ 11,900.00
A.7
Bid Phase Services (RFI/Addenda)24.0010.00$ 3,420.00
A.8
Construction Phase Services (Submittal/RFI/Observation)40.0030.00$ 6,900.00
A.9
As-Built Survey$3,150.00$3,150.00
A.10
Prepare As-Built Plans20.00$ 1,800.00
$ 56,015.00
Project B - Sandy Knoll (1900 LF)
B.1
Research/Review Exisitng Plans8.00$ 840.00
B.2
Design Survey$10,500.00$ 10,500.00
B.3
Drainage Evaluation12.0024.00$ 4,200.00
B,4
Prepare 60% Plans and Specifications
15.0060.00150.00$ 21,900.00
B.5
Comment Review and Response20.00$ 2,100.00
B.6
Prepare 100% Plans and Specifications15.0060.00100.00$ 17,400.00
B.7
Bid Phase Services (RFI/Addenda)40.0020.00$ 6,000.00
B.8
Construction Phase Services (Submittal/RFI/Observation)60.0030.00$ 9,000.00
B.9
As-Built Survey$4,725.00$ 4,725.00
B.10
Prepare As-Built Plans30.00$ 2,700.00
$ 79,365.00
1215547956040$ 25,200.00$ 3,000.00$ 154,815.00
Princ.Proj. Man.Proj. Eng.Des.Admin.
Hourly Rates =$ 185.00 $ 140.00$ 105.00$ 90.00 $ 50.00