SS9402C-CN 960513 214 960 4471
- MPY 14 '96 06:39AM HDR ENGR DEPT 37 (214)960-4471 P. 1/5
FACSIMILE TRANSMISSION
.A.
DELIVER TO: ^ 2
•
v
NAME Jim Witt, City Manager
COMPANY City of Coppell FAxNUMBEA 304-3570
FROM
NAME Bill Hindman TELEPHONE 960-4400
DATE May 13, 1996 TOTAL PAGES 5
IF YOU EXPERIENCE PROBLEMS WITH THE RECEPTION OF THIS DOCUMENT,PLEASE CALL 214 960-4400.
MESSAGE:
Attached is an executed agreement for the Bethel Road Sewer Improvement Project.
As a result of this agreement, we have executed an agreement with a construction
contractor to begin construction immediately.
HDR Engineering,Inc. Suite 125 Telephone
12700 Hillcrest Road 214 960-4400
Dallas,Texas Fax
75230-2096 214 960-4471
05/lit%X04 '96 y 86 9AM HDR E MGR DEFT 37� z 1.4.).29-44Z14 960 4471 tP 2 5� DO2
em/13/yG JP.A..P.MLNN u t LLPMrcL hnuC'. . r `„yr�CL-. w. i Ewa'c.v-r
lIALIAS COUNTY
=
i
E OF
AGREEMENT
was Aiall SWIM is made by and between the City of Coppell, Texas (hereinafter
ragweed to as the"City) and HDR Engineering; Inc. (hereinafter referred to es 'kIDR").
RECITALS
VIIIESEAn,MDR entered into an a&eemeot with the City dated October 25.1994 to design
sanitary sewer improvements Project No.SS9402-Grapevine Creek III.W and Bethel Road
SS SS94-02B and SS94-02C the City(hereinafter referred
to as "Original
IRiAS,it has been determined that appsozimately 3250 feet of said sanitary sneer Roe
is tuRmired to be reconstructed between Station 42+5237 and Stettin 75+02.71, and
IIIINIMAS, the City bas requested HDR to redesign the said sanitary sewer liwa, and
wewinet and pay for the costs of reconstructive of the aforementioned pardon of sanitary
saver Was
PIdR 011 , in consideration of the mutual covenant contained herein and other
seed aed%unable consideradmt, it is agreed as follows:
1. 14DR agrees to contract for the reconstruction of approximately 3250 feet of serer
line$594412C along Bethel Road,west of Freeport Parkway(the )in
accordance with City standards subject to the approval of the City Engineer or Iris
dwi/e■ei
2. MDR agrees to pay the full cost of the reconstruction described in paragraph 1 to the
Caesar= employed to complete said recd struetiam (the :
3. In order to compensate HDR for the costs ioanrcd in aaaodatian with the
yrdeesionah services =adored including the administration of the Reconstruction
v r4 r this agreement,the Qty shalt pay to HDR within thirty (30) days of invoice
and pigment by HDR that amount which represents the difference between the
mount paid to the Contractor fur the completion of the Reconstruction as described
in Via agreement, and the Seed sons of$100,000.
4. If the amens to be paid to HDR in accordance with paragraph (3) of this
Agreement is in excess of$15,000, the payment and comp1:con of&Is contract will
be subject to the prior written approval of the City Manager.
5. IU agrees to redesign,at no cast to the City,the 3250 feet of sewer line 5394-02C
to meet minimum State of Texas standards for sewer line slopes using seaway
05/MAC 4.4 '961064:,)46P11 `DR E err `DUEP G,�7c(, 14)460-44ci4 960 4471 hu 3e o2 D03
0 5/13.'36 14:5.1 N 1 CWA.S J L. LurrtLL L L L Y nu. (C5 p '10644
accepted Ong practices. Based on these Standards, it is anticipated that
approximately imately 2715 feet of the sewer line will be 15 inch is size on a 0.1595 dope
and approximately 475 feet of the sower line will be 12 inch in we on a 020%dope.
6. } 'green to prepare and submit two site plans acceptable to the City Manager
fora recreation annex on the site currently occupied by the Oty's Fire station on
Mona 1toad. One plan will display the design and plan for the natation meta on
the south side of the existing Fire Station Facility.and one plan will show the design
and plan for the recreation center on the west side of the existing Fire Station
Fae ility. Both site plats will be required to be submitted no later than thirty (30)
daps after the date of this agreement Both site plans hm>wst comply with the site plan
regal:a nent, as set forth by the City Manager. Failure to produce said site plans
within the period described above, and to the satisfaction of the City Manager, will
reaslt in a breach of this providoo,and will automatically nurse the City to withhold
hap to Mon *misled($15.000) of any amount owed to HEM.
7. The validity at this Agreement and any of its terms or provisions,as well as the rights
aid duties of the parries,shall be governed by the laws of the State of Texas,and any
vet re for am stoat owing this Agree:a nt shall be in Dallas County, Two.
t Tads Agreemect maybe amended by the trial agreement of the parties to it, in
suiting and aged to and incorporated in this Agreement.
9. Is the event that arty and or mare of the provisions contained in the Agreement shall
for -y reason be held to be invalid, illegal, or unenforceable in any respect, such
banality.m.plity,or unenforandsairy ahaU not effect the other provision',and the
Agreement shall be Goastsatd as if such invalid, illegal, or=enforceable provision
had never been contained in it.
II No Reconstruction work shall be commenced until the plans and spoafittoas
thereof have been approved in wig by the City.
11. No Reconstruction work shall be aommeocod until the coats to construct such have
bun approved in writing by all parties.
12. All recitals to this Agreement are incorporated into and made a part of this
Aghaemern for all purposes.
13. Any notice or communicadoe required or permitted hereunder shag be given in
wide& sent by(i)Peel delivery, or(h) expedited delivery service
ahrac h proof of
&boo !, or (iii) united States man. Podolia PrePeld• is er rte at its address set forth
' "
ream receipt requested. addecssed to the appropriate party
0o the stastare page of this Agreement or to such other addreha or to the attend=
at such other person as hereinafter shall be desigod in writing by the applicable
pee" —t in accordance herewith. Any cub course at communication stall be
deemed to have been given, whether actually received or not when sent or
05/7. 4.4 '961D04y40AM HDR ENGGR�DEFT 37`±214)960-44714 960 4471 tP 4152 D04
e5/13/96 14:54 NICH LS SACKSON DILLARD LAGER. . . 4 CDPPELL CITY NO.7?9 P004,004
itched in the manner provided bareia.
14. Tins Agreement is binding upon and inures to the benefits of the parties hereto and
their respective summon and assigns.
1S. This Agreement does not affect or alter the obligations or respous1'bilid$s of HDR
under the 'Original Agraaoent" and any other agreements with the City.
A. Other than as contained in this Assonant,HDR shall have no other responsibility
or Mighty for the cats or other dam relating to or arising out of the
ReaoenWetioa In addition, HDR shall have no respon ility or liability for work
reformed by the Ws=tractor not constructed in accordance with the plans and
prepared ipsoincatioso nausea MDR i
md , harmless and defend M from
against any such claims.
!i s
WIEREOF,the alp and HDR have sired this Agreement tkis 131- thy
aI Wisp, 1996.
CITY OF «01'• a
11
• a. my mampr
ass - . I , Boulevard
P.O. Seat 478
CoppeU, Teems 75019
IWR ENGINEERING, INC.
William Imo. Sr. Vice President
12700 Merest est Road
Suite 125
WBas, Tee 75230-2098
ANWZMO3 AS TO FORM:
O. dtb, Ct Attorney
/v1 05/10/!6)
MAY 14 '96 06:41AM NSF, ENGR DEPT 37 J.214)960-4471.,, for, •.4(1 P_5i54 VU1
P.Q box 478
Coppef,Texas 75019
c., 3'' -./.e_trr, /,__ _ 4) ,z_____a::1
The G+ty With A Beautiful Future 214462-0)22
e.O-Sex 478
Copper.Texas 75019
6
May 13, 1996
VIA FAX 214-960.4471
Mr. Bill Hindman
Senior'Vice President
MDR Engineering
1270 Hillcsest Road, Suite 125
Dallas, Texas 75230-2096
Re: satbakzumnsmanummicutinitg
Dear Mr. Sandman:
In accordance with our recat conversations, I hereby acknowledge that the contract for the
reconstruction of the Bethel Road Sewer Improvement Project is $142,900. The City of
Coppell, in accordance with our Ageentent dated May 13, 1996, is responsible for 542,900 of
this contract. Any amatuit above this figure will be subject to approval by the City Manager's
Office.
If you have any questions regarding this matter, pkase feel free to contact niy office.
. _ . y, -
nn Witt
City Manager
IW:kar
hdrengr.513
cc: Pete Smith
Ken Griffin
05/08/96 14:28 NICHOLS JACKSON DILLARD HAGER. . . 4 CITY OF COPPELL NO.660 P005/005
NICHOLS,JACKSON, DILLARD, HAGER & SMITH
MEMORANDUM
TO: Jim Witt
FROM: Peter G. Smith
DATE: May 8, 1996
RE: HDR Contract
Actual construction cost of project $345,454.69
2% of above $6,909.09
Actual cost of construction resulting
from negligence $126,033.92
(removal and replacement costs)
(part 1)
Estimate of such costs would
have been at signing contract $18,656.25
(part 2)
If the owner accumulates excess costs over 2% of actual project construction costs
($6,909.09), Engineer bears burden of such cost over 2% (6,909.09).
i.e. $126,033.92- $6,909.09 = ($119,124.83) less cost City would have paid if project was
designed properly $18,656.25 = ($100,468.58). Not to exceed difference of actual cost of
negligent construction $126,033.92 and estimate of such cost would have been at contract
signing $18,656.25 = $107,377.67: Liability of HDR limited to $100,468.58.
Recommendation: Have HDR contract to have work done with zero exposure to the City
or take $100,468.58. However, all the figures in the above calculations are subject to
disagreement therefore, $100,000 offer by HDR is good.
AGGOg56A