ST1002-AG100209AGENDA REQUEST FORM T H E . ` , T Y . a F DEPT: Engineering
COPPELL
, s k DATE: February 9, 2010
`
k S ITEM 15
F1 WORK SESSION 1:1 CONSENT 0 REGULAR
ITEM TYPE: CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of an Agreement with Freese and Nichols, Inc. for the design of improvements to Old Town
Coppell /Main Street Infrastructure including mass grading, paving, drainage and utilities of the site in the amount of
$207,100 and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This item represents a contract for Design Services for the City owned infrastructure to build the main entrance to the
area, the "Square" and the utilities to support the new Farmers Market site.
FINANCIAL COMMENTS:
Undesignated General Fund - Fund Balance will have to be used for this contract.
RECOMMENDED ACTION:
Staff recommends approval for design services of Old Town Coppell
Infrastructure Improvements.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve subject to deletion of references to
"Main Street"
M - Tunnell
S - Brancheau
Vote - 7 -0
Libby Ball
2010.02.19
15:49:44
- 06'00'
#FNI Agreement
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering /Public Works
DATE: February 9, 2010
REF: Consider approval of an Agreement with Freese and Nichols, Inc. for the
design of improvements to Old Town Coppell /Main Street Infrastructure
including mass grading, paving, drainage and utilities of the site in the
amount of $207,100 and authorizing the Mayor to sign.
For some time now, the City of Coppell has been in conversations with Freese and Nichols, Inc.
concerning the design of improvements associated with the development of a portion of Old
Town Coppell, commonly referred to as the Carter - Crowley property. This property is located
south of Bethel Road and west of South Coppell Road. Freese and Nichols, Inc. has also had
conversations with the prospective developers of the property and assisted the City of Coppell in
our attempt to obtain a grant to offset a portion of the infrastructure cost.
The contract with Freese and Nichols, Inc. would include the design of the main street headed
south from Bethel Road, the intersection of Bethel and Coppell Road, the ring road around the
future side of the Farmers Market and one connection to South Coppell Road. Along with that
design will be the water, sewer and drainage improvements necessary for the development of the
property.
The northern connection to South Coppell Road was chosen to facilitate the routing of traffic
around Bethel Road, between Coppell Road and South Coppell Road, during the construction of
Bethel Road. Once these improvements are in place, it will provide a natural detour path.
One concern that has come up that will need to be addressed during the design of the project is
the location of utility services to the adjacent property. Because of the configuration of this
property with the street and on street parking on both sides, most of the water and sewer lines
will be beneath paving. Therefore, it's critical during the design phase that services to the
potential development adjacent to the streets be installed with the initial construction.
1
It's anticipated that if this contract is approved by Council that the consultant will come back to
the City within a couple of months with an amendment to the contract to review the proposed
development adjacent to the street and design all necessary services so they can be installed with
the initial construction.
The City of Coppell Engineering Staff has had a long successful relationship with Freese and
Nichols, Inc. They are currently the design engineer on Bethel Road and South Coppell Road.
Therefore, staff recommends approval of the Agreement with Freese and Nichols, Inc. for the
design of infrastructure improvements to Old Town Coppell/Main Street, in an amount of
$207,100 and authorizing the Mayor to sign.
Staff will be available to answer any questions at the Council meeting.
PJ
OLD TOWN COPPELL, MAIN STREET
INFRASTRUCTURE IMPROVEMENTS
CARTER CROWLEY TRACT
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COPPELI.
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SA-D\In_DesiplMISC EXH IBITS\dwglEXHIBITS.1 --OLD TOWN Created in LDDT
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COPPELL
PROJECT DESCRIPTION
ATTACHMENT SC
SCOPE OF SERVICES
FOR
OLD TOWN COPPELL
INFRASTRUCTURE
EUPROVEMENTS
01 NICHOLS
Improvements include design of Main, Travis and Houston Streets (approx 2300 LF) per the attached exhibit
including on- street parking, landscape/ irrigation plans, storm drain system, traffic signal at Bethel Road/ Main
Street, water lines, and sanitary sewer lines to provide infrastructure for the Old Town Coppell Development
located in the southwest corner of South Coppell and Bethel Roads. See attached exhibit "Old Town Coppell/
Main Street Infrastructure Improvements" for project limits. Design includes mass grading of the site to
accommodate the roadway construction.
The parameters for design of the improvements shall include the following:
■ Project control to be based on a local control monumentation established by the Bethel and South
Coppell roadway projects. Field surveys will be included. Prior to construction, we will provide the
initial staking of the monuments and the proposed roadway centerlines. Three (3) permanent control
points (X, Y, & Z coordinates of each) shall be established and marked by the contractor outside of the
construction limits for future reference.
• Final plan size to be 22" x 34" for reproducible copies to 11" x 17 ".
• A construction sequencing plan shall be considered for each area of construction.
• All design work will be prepared in AutoCAD, with CD's to be furnished to the CITY upon completion
of the record drawings.
• Submittals to the CITY of work -in- progress shall include:
o Preliminary Design Phase (30% concept level plans and 60 %)
o Final Design Phase (90% and 100 %)
■ For each stage of review, two (2) full -size and two (2) half -size sets of drawings will be furnished to the
CITY.
■ Parking spaces shall be designed per City standards and requirements.
■ Standards and typical construction details of the CITY may be referred to in the specifications and on
the drawings.
■ Geotechnical Investigation
o Select locations for three (3) exploratory borings after checking underground utilities and
accessibility. Each boring will be drilled through the existing ground /pavement to a depth of
about 10 feet.
o Obtain relatively undisturbed thin - walled tube samples and standard penetration test samples as
appropriate for the soils encountered.
Attachment SC Page 1 of 7
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• Observe for groundwater seepage during drilling and record level
• Backfill boreholes with cuttings upon completion
• Selected laboratory testing will be conducted on samples that are representative of the materials
obtained during the field exploration. The test will be used to evaluate and classify the soils,
identify subsurface site characteristics, and provide data for analysis. The test will include
Atterbery limits, percentage passing #200 sieve, moisture content, unit dry weight, and
unconfined compressive strength.
• An engineering analysis and evaluation of the field and laboratory data will be performed and a
geotechnical report will be prepared including boring logs, analysis data, and pavement design
and sub -grade treatment recommendations, and fill recommendations. Both asphalt and
concrete pavement design options will be evaluated.
■ This Scope of Services assumes that the preliminary 30% submittal will be reviewed by the CITY and
approved prior to Authorization to Proceed. Changes to the layout or general design parameters made
after the preliminary 30% submittal may be an Additional Service.
■ The cost for construction services will be limited to the general representation services outlined.
Additional Project representation and inspections will be on an hourly reimbursable basis. FNI is not
responsible for field changes, approvals, and recommendations made in the field by others.
■ The CITY will provide and will be responsible for all environmental studies and permits required for the
demolition of existing facilities or the construction of the proposed facilities on the site.
BASIC SERVICES — FNI shall render the following Basic Services in connection with the development of the
Project:
A. Preliminary Design Phase
1. Prepare preliminary roadway drawings including paving, drainage, water and sewer plans (See
attached Exhibit for limits) for the project. FNI will prepare preliminary construction plans as
follows:
a. Drainage area maps with drainage calculations and hydraulic computations. A drainage area
map will be drawn from available contour maps. Calculations regarding street and right -of -way
capacities and design discharges at selected critical locations will be provided.
b. Preliminary project plan and profile sheets showing curb lines, driveways, sidewalks, elevations
at all PVI's and PI's: high and low points, vertical curve information, and pertinent AASHTO
calculations. Existing found property corners (e.g. iron pins), along the existing right -of -way
shall be shown on the plans.
c. Existing utilities and utility easements will be shown on the roadway plan and profile sheets.
FNI will coordinate with utility companies and the CITY to ascertain what, if any, future
improvements are planned that may impact the project.
2. Investigate conflicts with existing utility (water, sewer, drainage, gas, telephone, and electric)
locations and depths.
Attachment SC Page 2 of 7
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3. Prepare preliminary landscape /streetscape plans based on the designs developed in conjunction with
the Bethel Road project and per CITY zoning ordinances.
4. Prepare preliminary street lighting plans. Coordinate with TXU regarding pole selection and
service locations. Assist the CITY in coordination of relocation of existing electrical infrastructure.
5. Attend project meetings at the CITY's request. The compensation for this item assumes attendance
at three (3), 2 -hour meetings with the CITY. If additional meetings are requested, FNI will notify
the CITY that additional fee will be required.
6. Present a preliminary estimate of probable construction cost and two (2) full -size sets and two (2)
half -size sets of the plans to the CITY for review, discussions, and comment. This submittal will
be at the 60% completion stage.
D. Final Design Phase - Following CITY approval of the preliminary plans, FNI shall prepare final plans
with the following additional tasks:
1. Prepare final cross - sections on 22" x 34" sheets. Information on these sheets will include centerline
station, profile grades and centerline elevations, roadway section (existing and proposed), right -of-
way limits. Scale will be 1" = 20" horizontal and 1" = 4' vertical with cross sections plotted with
stationing from the bottom of the sheet. Excavation and embankment volumes and end area
computations shall also be provided.
2. Prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the CITY
ordinances, TCEQ guidelines, and/or Federal requirements.
3. Finalize necessary additional design details.
4. Attend project coordination and design review meetings with CITY staff. The compensation for
this item assumes attendance at four (4), 2 -hour meetings with the CITY. If additional meetings are
requested, FNI will notify the CITY that additional fee will be required.
5. Prepare final quantity of materials and final "Opinion of Probable Construction Costs."
6. Present two (2) full -size sets and two (2) half -size sets of the final documents for the bidding phase
to the CITY for approval. Submittals will be at the 90 and 100% completion stage.
7. FNI will submit the project plans to the state for the TAS /ADA review. FNI will prepare the
application and make the submittal. It is assumed that the CITY will provide a check for the fee
based on the construction cost per the submittal requirements. FNI will address comments from the
review and revise plans if necessary.
8. Provide updated plans for the utility companies, if necessary.
9. Meet with the CITY to discuss final review comments prior to preparing bid package.
10. Revise plans to address review comments from the CITY and other agencies affected by the project.
11. Prepare final bid schedule, special conditions, technical specifications, proposal, and contract
documents.
12. Revise the final "Opinion of Probable Construction Costs" if necessary.
Attachment SC Page 3 of 7
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13. Present two (2) full -size sets and two (2) half -size sets of the final documents for the bidding phase
to the CITY for approval. This submittal will be at the 100% completion stage and will include a
full -size reproducible set of plans as well as the complete bid documents. Anticipated sheet list as
follows:
■ Cover, vicinity map, sheet index (1)
■ General Notes and Legend (1)
■ Horizontal Control (1)
■ Mass Grading and Erosion Control Plans (4 sheets)
■ Roadway Paving Plan and Profile (8 sheets)
■ Storm Drain Plan and Profiles (8 sheets)
■ Drainage Area Map and Calculations (3 sheets)
■ Utility Plan and Profiles (5 sheets)
■ Traffic Signal Plans (3)
■ Landscape / Irrigation Plans (5)
■ Street Lighting Plans (3)
■ Details (4 sheets)
E. Construction Administration Upon completion of the bid or negotiation phase services, FNI will
proceed with the performance of construction phase services as described below. FNI will endeavor to
protect CITY in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for 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 any safety precautions and programs relating in any way
to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be
responsible for the acts or omissions of any person (except its own employees or agents) at the Project
site or otherwise performing any of the work of the Project.
1. Answer civil design related questions from the Contractor or Subcontractors that arise during the
construction.
2. FNI will review submittals and determine compliance of shop drawings for the items required by
the construction documents related to the site civil work. Review of alternates will be performed as
an Additional Service at the rates shown in Attachment CO.
3. General field representation will be provided to observe the progress of the work and to answer
questions that might arise in the field concerning FNI design of the site civil work. CITY shall keep
FNI apprised of the construction, such that site inspections can be coordinated with specific
construction activity. The amount of field representation will be limited to a maximum of six (6)
site visits for the civil work and one (1) final inspection. Additional field representation will be on
an hourly reimbursable basis and will need to be agreed to by CITY.
4. Revise the construction drawings in accordance with the information furnished by construction.
Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints, one
mylar set, and one CD of "Record Drawings" shall be provided by FNI to CITY.
5. Provide baseline control staking such that the Contractor(s) can establish horizontal and vertical
alignments per the drawings.
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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 Attached schedule.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent
with the number of days of delay. These delays may include but are not limited to delays due to OWNER or
regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc.
These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in
Attachment CO.
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COMPENSATION
A. Basic Services Compensation to FNI for the Basic Services in Attachment SC shall be the lump sum
as follows:
Total
Geotechnical Soil Report $ 4,600
Preliminary Design Phase $ 60,000
Final Design Phase $134,000
Construction Administration $ 8,500
Total Basic Services $207,100
If FNI sees the Scope of Services changing so that additional services are needed, 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 for Additional Work
POSITION
MIN
MAX
PRINCIPAL
225
285
GROUP MANAGER
205
285
SENIOR ENGINEER
150
245
ENGINEER (PE)
115
170
ENGINEER (EIT)
85
130
HYDROLOGIST
65
150
ELECTRICAL ENGINEER
85
200
MECHANICAL ENGINEER
85
200
SENIOR ENVIRONMENTAL SCIENTIST
115
220
ENVIRONMENTAL SCIENTIST
60
130
ARCHITECT (AIA)
105
245
ARCHITECT INTERN
60
120
LANDSCAPE ARCHITECT
115
145
SENIOR URBAN PLANNER
125
200
URBAN PLANNER
70
120
SR. CONSTRUCTION CONTRACT ADMINISTRATOR
110
195
CONSTRUCTION CONTRACT ADMINISTRATOR
75
150
GIS COORDINATOR
90
130
GIS ANALYST
60
130
DESIGNER
90
145
TECHNICIAN
65
120
OPERATIONS ANALYST / ACCOUNTING SPECIALIST
80
140
CONTRACT / REGIONAL ADMINISTRATOR
75
115
WORD PROCESSING /SECRETARIAL
55
90
CO -OP / INTERN
45
75
The ranges and individual salaries will be adjusted annually.
Attachment CO Page 6 of 7
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EXPENSES
Plotting Printing
Bond $2.50 per plot Offset and Xerox Copies /Prints $0.10 per side copy
Color $5.75 per plot Color Copies /Prints $0.50 per side copy
Other $5.00 per plot Binding $5.75 per book
Travel Computer
50¢ per mile Computer Usage $10.00/hour
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.15. 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.
Attachment CO Page 7 of 7
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Old Town Coppell/ Main Street Intrastruetum Improvements
City of Coppell
ID
Task Name
DuraBon I
Start I
Finish anus Feb March
dl M June Jul August
Se tember October November December Janua Februa
1/9 1/101/171241137 2P 14 1 8 317 0114221
/4
28 4 !11 118 25 52 5/9 1165235/30 6/6 113 0 77/4 111 /18 25 BH 8/8 81158
29 9/5 1 9/199261013 0/1 0/1 011 013 1117 111 1 12 1215 2/1 211 712 12 1/9 1!161231130 216 13
1
Notice to Proceed
0 days
Mon 211110
Mon 211110
211
2
PMJaet /tick off
5 days
Thu 2/4110
Wed 2/10!10
3
Initial Design
30 %Plan Rawaw Meeting
Preliminary D-ig.
Submtt 60 % Design
City Review
Final Design
Submit 90% plan.
4 wks.
0 days
6 wks
0 days :
2 w1cs
6 wks
0 deys
Mon 2/1110
Fd 226/10
Mon a /1/10
Fri 419110
Mon 4/17/10
Mon 426/10
Fri 614110
Fd 2126/10
Fri 2118!10
F64/9/110
Fd 419110
Fd 423110
N614110
Fri 8/4110
2/26.
1
6/4
4
5
6
7
8
9
10
City review
3 Wks
Mon 60110
Fd 625110
11
Finalrse plans and bid package
1 mon
Mon 628/10
Fd 723110
,,
'. v..- - - - --
12
Submit 100% pleas and specs
0 days
Fd 723110
Fd 723/10
"723
13
dv ertise, Bid and Award
6 wks
Mon 726110
Fd 9/3110
14
Construction
6 mom
Mon 9/6110
Fd 2/18111
THH
Mon 7/1!10
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 , 2010, 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 Freese and Nichols, Inc., hereinafter referred to as
"Engineer ".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services ", in connection with the
OLD TOWN COPPELL INFRASTRUCTURE IMPROVEMENTS
(South of Bethel Road, West of Coppell Road) 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 SC, 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: The work tasks and activities to be performed and deliverable to be
provided by the Engineer shall be in accordance with Attachment SC, 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 SC, 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.
3. Compensation.
Page 2
A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this
Contract pursuant to the Fee Schedule described in Attachment CO, Compensation.
Basic Services Fee shall not exceed the lump sum of Two Hundred Seven Thousand
One Hundred Dollars ($207,100) provided, however, that modifications to the Basic
Services, 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. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services 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.
C. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one payment
to the Engineer per month. City reserves the right to correct any error that may be
discovered in any invoice whether paid to the Engineer or not, and to withhold the
funds requested by the Engineer relative to the error.
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
Page 3
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. Proiect Deliverables. For each submittal identified in Attachment SC, Scope of Services,
the Engineer shall provide the City with one set of reproducibles, one set of bluelines or
hard copy and electronic media of the submittal documents. For any required environmental
assessment, the Engineer shall provide one set of draft and one set of final Environmental
Reports. The Environmental Reports shall be submitted as original reproducibles and on
electronic media. The electronic file may omit photographs and government prepared maps.
If photographs are included in the report they shall be taken with a 35 mm camera or larger
format camera. Color laser copies may be substituted for the original photographs in the
final report.
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
7. Project Control. It is understood and agreed that all Services shall be performed under the
administrative direction of the City Engineer. No Services shall be performed under this
Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer.
In addition, the Engineer shall not proceed with any Services after the completion and
delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or
the Final PS &E Submittal as described in the Basic Services without written instruction from
the City. The Engineer shall not be compensated for any Services performed after the said
submittals and before receipt of City's written instruction to proceed.
8. 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.
Page 4
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes arising
under the terms of this Contract to the City Manager or designee. The decision of the City
Manager or designee shall be final and binding. An irreconcilable or unresolved dispute
shall be considered a violation or breach of contract terms by the Engineer and shall be
grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. 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
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
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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.
15. Personnel Oualifications. 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. Ouality 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.
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18. Proiect 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.
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.
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26. Contacts. The Engineer shall direct all inquiries from any third party regarding information
relating to this Contract to the City Engineer.
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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
255 Parkway Blvd.
Coppell Texas 75019
Ken Griffin, P.E., Director of Engineering
Engineer: Freese and Nichols, Inc.
1701 N. Market Street, Suite 500
Dallas, Texas 75202
Attn: B. Caleb Thornhill, P.E.
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL
BY:
Mayor
Date:
ATTEST:
FREESE AND NICHOLS, INC.
BY:
Name & Title
Date:
ATTEST:
(CORPORATE SEAL)
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