Copperstone-CN 890313Kimley-Horn and Associates, Inc.
12660 Coit Road, Suite 200, Dallas, Texas · (214) 386-7007
Raleigh, Charlotte, Nashville, Virginia Beach, Dallas, Phoenix,
West Palm Beach, Tampa, Orlando, FL Lauderdale, Vero Beach, FL Myers, Stuart
March 13, 1989
Mr. Russel Doyle, P.E.
City Engineer
City of Coppell
Post Office Box 478
Coppell, Texas 75019
Re:
Engineering services for review of floodplain development
for compliance with City of Coppell Ordinance 87390
Dear Mr. Doyle:
We are pleased to submit to you our contract for professional engineering services for review of the
floodplain reclamation study on Cottonwood Branch and Denton Creek, prepared for ABQ
Development by Jerry Parche Consulting Engineers of Arlington, Texas, as it relates to Coppell City
Ordinance 87390.
SCOPE OF SERVICES
Review of Computer-Modeling Studies
Review information presented by the City. This information would consist of computer modeling
studies to support a development request in the City of Coppell. The review would consist of three
phases as follows:
1II.
Verification of the sufficiency of the information presented.
Review of the information presented to determine if it meets the requirements of
Ordinance 87390.
Provide letter response to the city describing the results of our review.
This review is intended to address the floodplain related issues only. The general review of the
development plans, infrastructure, superstructure, and other issues will be completed by others.
TIME SCHEDULE
An initial response will be provided to the City within ten days of authorization to proceed with this
project. The response will be either a letter describing the results of our review, a letter request for
additional data, or a letter requesting additional time for review.
Building cfient relationships since 1967
Mr. Russel Doyle
March 13, 1989
Page Two
FEE AND BILLING
We will accomplish the outlined services based on an hourly rate as shown on the attached rate
schedule. The maximum amount we will bill the City of Coppell for this project is $1,000.
Invoicing is monthly, typically mid-month for the previous month's services, and payment is due
within 30 days of the date of the invoice. Monthly Lump Sum invoicing is an estimated percent
complete of services.
STIPULATIONS
Any project undertaken above, is based on office services only. Our services do not include: field
investigations, meetings with the City or others, appearance at Council or Planning and Zoning,
follow-up actions after completion of the specific service, or other such actions. The review will
involve no more than three responses to obtain sufficient information for review. Once the service
is complete for any specific project, and a review or determination presented to the City, any
additional services necessary will constitute a new project.
CLOSURE
In addition to the services set forth herein, our agreement shall include, and shall be subject to the
Standard Provisions attached hereto and hereby incorporated herein. The term "the client" as used
in the attached Standard Provisions shall refer to the City of Coppell, Texas.
Please return a signed copy of this agreement to our office to indicate your approval and
authorization to proceed with this project.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Ronald W. Morrison, P.E.
Senior Hydrologist
Attachment: Standard Provisions
Agreed to this
CITY OF COPPELL
By:
Title:
Witness:
day of
,1989
c: \~p\hydr o [ gy\coparche, con\xt 2
ICIHI. ET-ICI~N idl) A$~3~iATES, INC.
STANDARD PROVl SIO#S
(1) Scol~e of Serv~ce~ The ufldertsking of the Engineer to perform professional services under this Agreement extends o~iy to those
services specifically described heroin. HI,eVer, if requl~ste~l by the Client Dad Defied to by the Engineer, the Engineer uJ[[ perform
acidS[Sinai services ("AddJtion~[ Services") hereunder end shell be c(xflDensoted therefore ss set forth belo~, in ~clition, the Engineer
is 8~thorized to perform Additional Services (for ~hich the Engineer ~ii[ be similarly cGm~enseted) for those items erasing due to
emergencies, errors, or other ~x~anticipated Detains by the CiJent*s contractor(s), revised regulations governing the Engineer,s
services, o~c~ when, in the Engineer's opinion, Additional Services are ~lvIseble ss I result of other factors, such Additional Services
ire clearly in the Ct Seat's interest, and advance authorize[Ion cerlnot be Ob[Dined. In the event of the performance of such Additiorm[
ServiceD, the Engineer ~lll notify the Client as soon os proctlcol of the necesotty end inception of the services.
(2) Ciilmt'o Respml~ibilJtie41 in addition to any resp(xllibilitlee sp~:iflcslly described herein, the Client shall hove the
following responsibilities to the Engineer:
la) Designate in writing s person to act os his representative with respect to this Agreement, such person having ccx~piete authority
to transmit instructions, receive info~tJon, end make or interpret the Client's decisions.
lb) Provide alt information and criteria os to the Client,s rec~Jlreme~ts, objectives, lflcI expects[lone for the project. These cllts
shill Include ail mmericol criteria that are to be ~et and ill stmlclerde of development, design, or con~tructiofl thst ere to be
fei I o~ed.
(c) Provide to the Engineer sll previo~s Studies. plonS, or other documents pertSinlng to the project end sll ne~ dele reaSonablY
necessarY, in the Engineer's opinion, Such as site survey end engineering dato, e~vlrof~mentol impact assessments or sro[amen[s,
zoning or other toad use regulations, etc., upon ski of ~hich the Engineer may re[y.
id) Arrange for occess to the site and other private or public property es required for the engineer to provide the services under
this Agreement.
(e) Review nit documents or verbal reports presented by the Engineer end render in writing decisions pertaining thereto within
resso~abie time so eD not to deloy the services of the Engineer.
if) Furnish ei~rovels and permits from goverr~nente[ authorities having jurisdiction over the project end approvals Dad consents
from other parties os my be necessary for completion of the Engineer's services.
Cg) Provide such independent accounting, togaS, insurance, cost estimating, and overall feasibility services beyond the scope of
this Agreement es the Client may require or the Engineer may reacenab(y request with regard to the professional fields tasted above.
Ch) Give prat uritten notice to the Engineer ~henevor the Client becomes suers of any develo~mefl~ that affects the scope Dad
timing of the Engineer's services or any defect or noncc~pllence in any acpect of the project.
ii) 8ear et( costs incident to the responsibilities of the Client.
(3) .Period of Service Un[ess otherwise provided herein, the Engineer wilt begin services promptly after receipt of · fully
executed copy of this Agreement end, u~[ess specified otherulse herein, shot( comp(eta the services within s ressonabie length of time.
The provisions of this section and the cc~pensotion to the Engineer included in this Agreement have been agreed to in onticip~tion
of s continuous end orderly progress threlJgh the cc~pletion of the Engineer's services.
lo) Times for performance ogreed to herein shall be exterv~ed to the extent necessary for delays due to natural disasters, strikes,
or other circ~nstances over ~hich the Engineer has no control.
lb) If the Engineer's services ere de[eyed or suspended in ~hole or in part, the times of performance shall be extended to the
extent of such delay or suspension; such suspension sho[l not terminate this Agreement unless the Engineer elects to terminate by
written notice in accordance uith other provisions of this Agreement. If such delay or suspension extends for more then sis months
(cumulatively) for reasons beyor~ the Engineer's con[rot, the vsrlo~Js rates of cee1~eflestion provided for elsewhere In this Agreement
sholl be subject to renegotietion.
(4) Ceq2eneotion for ServJcN Unless speciftce[(y ogreed to herein, the follouJng standard provisions ss to compensation amounts
shs(( be spplicob(e:
la) The Engineer shall be compensated for the services specifically described In accordance hereuith.
lb) If the Engineer performs AddS[iDiot Services, the Client shat( pay the Engineer for the performance of those Services an amount
(in addition to eli other aflxxJ~tS payable uncler this Agreement) based upon the Engineer's current holJr[y rates for the actual time
spent by the Engineer in providing such Additional Services plus 1.15 times si[ direct expenses ("Direct Expenses") so incurred
by the Engineer in providing such services (except es otheruise provided in parograph Cc)
lc) Direct expenses shell Include the folloulng hourly rates for usage of cQq~uters or other specloltzed equipment Dad programs
used In cQ~nection thereuith (~hich rates inctucle the Direct Expense Factor):
ii) Text processors end text scanning or facsimile equipment, Sl./hr.
(11) Hicro- or minicomputers uith standard progress, S20./hr.
(i11) fllcro- or mtnlcon~Jters vith specloltzed proprietary prngrama, $20./hr.
(iv) Computer-Aided-Drafting or graphics, S20./hr.
id) In addition to amounts payable by the Client to the Engineer hereunder, the Client shall be invoiced for sad shill pay to the
Engineer in accordance with paragraph ¢5) nil taxes, if any, ~hether state, Ioco(, or federsl, levied with respect to such
(5) payments for Services Compensation shat[ be paid to the Engineer in accordance with the folloving provisions:
(e) Invoices ~J[t be submitted by the Engineer to the Client monthly for services performed end expenses incurred ~x~rsuant to this
Agreement during the prior month. Poy~ent of each such invoice viii be due ulthin tush[y-five (25) days of the receipt thereof.
A service charge ~i(I be edcled to de(inquest accounts st the mexln~la rets elloued by Soy for each month of de(inquency.
lb) If the Client foils to make any pa)4~ent due the Engineer for services end expenses vithin sixty (60) doys after the Engineer's
transmit[s( of its invoice therefor, the Engineer may, after giving seven (7) days~ written notice to the Client, suspend services
under this Agre,~e~t until o[[ e~ounts due hereunder ore paid in full.
lc) In the event Day invoice or any portion thereof remains u~oaid for more then sixty C60) days follouing the invoice date, the
Engineer may initiate legal proceedings to collect the same arid recover, in Iddltion to ell ~te due ~ peyoble including
accrued Interest, its reasonable ottornays~ fees a~d other expenses related to the proceeding. Such exper~es shell include, but
shell not be limited to, the coot, determined st the Engineer's normal hourly billing rotes, of the tired devoted to such proceedings
by its e~npioyees.
id) The Client ecknov[edges Bad ogress that the payment for services rendered ~d expenses Incurred by the Engineer porsusnt to
this Agreement is not subject to any contingency or conditions un[ess expressly set forth in this Agreement.
(6) .liable of Doct~enta A(I doc[J~onts, including but not lima[od to drawings, specifications, end date or programs stored
e(ectronlcolly, prepared by the Engineer pursuant to this Agreement ore reis[ed exclusively to the services described herein. They
ere not intended or roprese~ted to be suitable for reuse by the Client or others on extensions of thio project DC on any other project.
Any reuse without written verification of adap[orion by the Engineer to specific purposes interx~d ~lll be at the Client's sots risk
end without liability or legal exposure to the Engineer; and the Client shel! Indemnify and hold the Engineer harm[ess from oil claim,
clemeges, losses, 8nd expenses, including but not limited to attorneys' fees, arising out of or resu(ting therefrom. Any such
verification or adeptotton will entitle the Engineer to further compensation ot rates to be agreed ~ by the Client and the Engineer.
(7') Opinions of Cost Since the Engineer hos no control over the cost of (obor, me[crisis, equipment, or services furnished by
others, or over methods of determining prices, or over cc~petttive bidding or market coflclitions, Ky Bad oil opinions es to costs
rendered hereunder, Including but not limited to opinions os to the costs of construction Dad materials, shall be mede on the basis
of its experience end quolificotiofls end represent its best judgement ss en experienced Dad qualified professional emjinoer, fs~nilior
~tth the construction industry; but the Engineer cannot end does not guarantee that proposals, bids, or actual costs uill not vary
from opinions of costs prepared by it. If st any time the Ctlent wishes greater assuronce os to the amount of any cost, he shall
employ an independent cost estimator to make such determination. Engineering services required to bring costs vi[his any limitotion
established by the Client will be paid for os Additional Services hereunder by the Client.
(8) Te~linetlon The ob(igotion to provide further services under thio Agrec~ent may be terminated by either party upon seven (7)
deyI~ written notice in the event of lUbe[es[ia( foilure by the other party to perform tn sccordance with the term hereof throu~
no fault of the terminating party. In the event of em/ termination, the Engineer witl be paid for el( services rendered to the