ST9601-CS 960524 TEAGUE NALL AND PERKINS
C 0 N S U L T ! N G E N G I N E E R S
May 24, 1996 fv'X~l~ ,f,,t' ~ e'O'~'P~'
Mr. Ken Griffin
Assistant City ~ama~er/Ci~ En~]nee~ ')':
City of Coppell ,3" " ~O & ~
Re: Engineering Se~ices Contract ~ '~
Wrangler Road ~reeport Parlay to Belt
Line Road) and Airline Drive~elt Line
Road Signal~ation
(Project ~ ST 96-01)
Dear Ken:
Thank you for selecting our firm for the design of the subject project. We are looking forward to
working with you and your staff toward the successful completion of this project.
Our proposal for the services and related fee to be provided to the City of Coppell is found in the two
(2) copies of the enclosed draft of the Engineering Services Contract, the abbreviated version of
which we left with you in our meeting last week.
As a further understanding of the City' s desires regarding this project, we have also provided below
a recap of the issues regarding the project which we discussed in that same meeting. If we have
interpreted any of these issues incorrectly, or if the City has changed its mind about any of these
items since our meeting, please advise.
Wrangler Road
1, Design 45-foot B-B roadway in the center of the current minimum 60-foot right-of-
way.
2. Roadway to be 7" reinforced concrete with 8" lime stabilized subgrade.
3. Design 12" water line to be extended from west side of CISD property West to
connect to existing 12" line in Freeport Parkway.
........ 2001 W, IRVING BLVD.
915 FLORENCE STREET ~ ............. IRVING, TEXAS 75061
FORT WORTH, TEXAS 76102 "~ / (214) 254-1765
(817) 336-5773 METRO (214) 251-1627
FAX (817) 336-2813 FAX {214) 251-4348
Mr. Ken Griffin, P.E.
Page 2
May 24, 1996
4. Provide striping or buttons for 3 lanes at Coppell Middle School driveway entrance
-- all other roadway to be marked for 2 lanes except as noted in Item 7 below.
5. Design and plan to construct all drainage pipe West to Freeport Parkway even if
street in this area is not built in first phase of construction.
6. Design full length of roadway from Freeport Parkway East to Belt Line Road, but set
up plan-profile design sheets so that project can be separated into two (2) separate
projects (Phases A & B). Phase "A" will extend from Belt Line Road West to end
of existing right-of-way -- (i .e. west end of CISD property). Phase "B" will extend
from west end of Phase "A" West to Freeport Parkway.
7. Evaluate the drainage flow that currently proceeds East in the earthen channel
parallel with Wrangler Road to determine if it is feasible to place the flow into the
storm drainage system in Wrangler Road, thereby eliminating the need for the earthen
channel.
8. Evaluate the need for wider paving widths at all intersections (especially Freeport
Parkway and Belt Line Road) for truck turning movements. If determined not to be
needed, design for striping and buttons at each end of project for left turn lanes.
9. Design conduit across Wrangler at Freeport Parkway for future signalization.
10. Provide brick pavers in roadway pavement at Belt Line Road/Wrangler intersection
only. Brick pavers to extend into wheelchair ramps. No sidewalk will be designed
for either side of Wrangler, but wheelchair ramps will be constructed at each
intersection.
11. Street lighting -- coordinate with TU Electric regarding any existing conduit available
on site. Shoe-box style heads will be installed for all street light poles. (Two of
these type fixtures exist on Wrangler now).
12. Only one (1) right-of-way parcel will be needed for the project -- west end between
C.I.S.D. property and Freeport Parkway. (60-feet of width to be obtained).
13. Final design and preparation of contract documents/spec's will be completed by TNP
within 150 calendar days from receipt of notice to proceed from the City.
Mr. Ken Griffin, P.E.
Page 3
May 24, 1996
14. Construction sequencing is an important aspect of this project. Therefore, we will
evaluate the design of a detour across private property (northwest comer of
Enterprise/Wrangler intersection) to permit ease of traffic congestion to the middle
school during construction operations.
\~ .-, '15, Paving plans for Wrangler and signalization plans for Airline/Belt Line Road
intersection will be separate,
. 16. Only special details required for this project will be included in the plans. All City
standard details will be referred to in the contract documents by reference and not
placed in the construction plans.
Airline Drive/Belt Line Road Signalization
1. Provide design of signalization system for intersection including conduit, pull boxes,
signal foundations, mast arms, poles, controller box, and all other signal equipment.
2. Synchronize all signals along Belt Line Road with new system at Airline, including
the new system at Lakeshore/Belt Line intersection soon to be under construction.
3. Evaluate the need for any relocation or rework of existing signal poles and/or mast
arms at Wrangler/Belt Line Road intersection due to new pavement configuration.
Finally, our proposal assumes that the Contractors (paving and signal) will provide their own
construction staking. If the City is accustomed to the Engineer providing all staking, please advise,
and we will amend our contract to include that service.
In preparing the proposed engineering services fee for the project, we have prepared a preliminary
construction cost estimate ($1,685,848) for the roadway project, (see copy attached). The proposed
services fee for the signalization project has been obtained directly from Barton-Aschman, and no
cost estimate is available at this time for that construction. The total proposed engineering services
fee of $149,000 includes: preliminary design, final design, and construction administration for the
signalization and roadway projects, design surveys for both projects, and document/exhibit
preparation for one right-of-way parcel on Wrangler.
Mr. Ken Griffin, P.E.
Page 4
May 24, 1996
Thank you once again for selecting TNP to design this project. We are most grateful for your choice,
and we will strive to merit the confidence which you have placed in us for this very important
assignment. We know you are attempting to get the Contract finalized before May 31 so that you
can place it on the Council agenda for June 11; therefore, we will make effort to assist you in
meeting that schedule should you have any corrections, questions, or amendments needed regarding
the Contract. Also, if you want us to attend the 6/11/96 meeting, please advise.
Very truly yours,
TEACUE NALL AND PERKINS, INC.
JRP/czf J.R~'c~rd Perkins, P.E.'
Enclosures
cfipublic'lcoppell\96164\contractltr
STATE OF TEXAS )(
COUNTY OF DALLAS )(
ENGINEERING SERVICES CONTRACT
for
Wrangler Drive Reconstruction (Belt Line Road to Freeport Parkway)
and
Airline Drive/Belt Line Road Signalization Improvements
Project No. ST 96-01
THIS CONTRACT, by and between the CITY OF COPPELL, a municipal corporation located
in Dallas County, Texas, hereinafter called "City," and Teague Nall and Perkins, Inc., a
corporation authorized to do business in the State of Texas, hereinafter called "Engineer,"
evidences the following:
WHEREAS, City desires the professional engineering services of Engineer for the design and
construction administration of paving, drainage, water, and sewer improvements for Wrangler
Drive from Belt Line Road West to Freeport Parkway and signalization improvements for the
Airline Drive/Belt Line Road intersection, in the City of Coppell and County of Dallas, Texas,
hereinafter called "Project"; and
WHEREAS, Engineer represents that it is qualified and capable of performing the professional
engineering services proposed herein for this Project and is willing to enter into this Contract with
City to perform said services;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein
agree as follows:
1. EMPLOYMENT OF THE ENGINEER
Engineer agrees to perform professional services in connection with the Project as
set forth in the following sections of this Contract, and City agrees to pay, and
Engineer agrees to accept fees as set forth in the following sections as full and final
compensation for all services provided under this Contract.
2. CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of the City by the City Engineer or
his designated representatives (hereinafter called "City Engineer"), and on behalf
of the Engineer by its duly authorized officials.
3. ENGINEER'S SERVICES
The Engineer agrees to render services necessary for the development and
completion of the Project as outlined herein. The services to be performed by
Engineer under this Contract include the following:
Preliminary Design
I) When requested by the City, the Engineer shall attend preliminary
conferences with 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
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proposed paving, signalization, 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
be made only upon authorization by and at the expense of the City.
4) During the preliminary 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 preliminary plans and addressed in the preliminary
design report. The Engineer shall show on the 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 on information
provided by the respective utility company. The Engineer shall prepare the
plans to accommodate possible phasing of the actual construction/
reconstruction of the proposed Wrangler Drive paving and utility
improvements.
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 one (1) necessary right-of-way
document and related exhibit for acquisition of right-of-way at the west end
of the project. City shall acquire 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 consist of the following:
one set of dated preliminary plans,
one set of dated review plans, and
one set of dated and approved advertising plans.
7) The Engineer shall furnish for City review three (3) copies each of the
preliminary engineering plans at a 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 each alternate proposed,
and the Engineer's recommendation(s).
Final Design
8) The Engineer shall provide detailed design data, profiles, cross-sections
where appropriate, opinions of probable cost, and furnish three (3) copies
of detailed final drawings and specifications for both construction contracts
(paving and signalization) after approval of the preliminary plans by the
City. The Engineer shall indicate on the plans the location of existing and
proposed utilities and storm drains.
9) After receipt of final plan/specification review comments, the Engineer
shall make all corrections noted and then furnish thirty (30) copies of
contract documents containing the Notice to Bidders, Proposal, Labor
Rates, General and Special Provisions, Specifications, Insurance Statement,
Payment, Performance, and Maintenance Bonds, and Contract forms.
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10) The Engineer shall furnish a detailed opinion of probable cost for
authorized construction, which shall include summaries of bid items and
quantities, but the Engineer does not guarantee that Contractor bids will not
vary from such opinions.
11 ) The original drawings of all plans shall be plotted in ink on approved plastic
film sheets, or as 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 shall not be liable for the use
of such drawings for any project other than the project described herein.
12) The City shall provide all required soil testing and furnish a report of the
test information to the Engineer for his use.
13) 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.
Construction Administration
14) 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.
15) The Engineer will attend a pre-bid meeting if deemed necessary by the City.
16) 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).
17) After selection of Contractor(s) and award of contract 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).
18) Engineer will arrange a pre-construction conference with City staff,
Contractor(s) and all affected utility companies.
19) Engineer will provide periodic field representation and will monitor
construction progress, providing a written report to the City after each site
visit. t ~ ~,,.. )
20) Engineer will consult and advise the City regarding the need for any contract
change orders and will prepare change orders as required for City approval.
21 ) Engineer will be available for interpretation of plans and specifications as
may be required by the Contractor(s) in the field.
22) The Engineer will, with assistance from the City Inspector on the project(s),
prepare and process monthly and final pay requests from the Contractor(s)
to the City.
23) Engineer will provide, in conjunction with the City, a final inspection of the
project and provide a "punch list" of deficient items to the Contractor(s).
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24) Engineer will revise construction drawings as necessary to adequately reflect
any revisions in the construction from that which was represented on the
plans and/or specifications.
25) Engineer will provide the City with one (1) set of mylar reproducible
"Record Drawings" within 30 days after completion of the project including
updated digital files of the new construction for use in the City's
computerized mapping system.
4. PROJECT PHASES
The two (2) separate projects (paving and signalization) will be divided into three
(3) phases each of engineering services to be provided by the Engineer. Each phase
and its respective percentage of the total Contract amount is as follows:
Preliminary Design 70%
Final Design 20%
Construction Administration 10%
5. PAYMENT FOR SERVICES
A. Payment for services under Article 3 will be made on the basis of the lump
sum amount of $149,000.
B. No separate payments will be allowed for such items as expenses for
supplies, transportation, equipment, local travel, communication,
subsistence, and subcontractor cost, and other similar incidentals.
C. Should any travel outside of the Dallas-Fort Worth Metropolitan Area be
required, separate payment for travel expenses will be permitted, but only
at the direction of the City Engineer.
D. Engineer shall submit itemized monthly statements for services rendered.
Each statement will reflect an estimated percentage (%) of the total Contract
services provided during that month less any previous payments by the
City. City shall make payments in the amount shown by the Engineer's
monthly statements and other documentation submitted. No interest shall
be due on late payments.
E. Nothing contained in this article shall require City to pay for any work
which is unsatisfactory as reasonably determined by the City Engineer or
which is not submitted in compliance with the terms of this Contract. City
shall not be required to make any payments to the Engineer when the
Engineer is in default under this Contract; nor shall this paragraph
constitute a waiver of any right, at law or in equity, which City may have
if the Engineer is in default, including the right to bring legal action for
damages or for specific performance of this Contract.
6. OWNERSHIP OF DOCUMENTS
All information and other data given to, prepared, or assembled by Engineer under
this Contract, and other related items shall become the sole property of City and
shall be delivered to City, without restriction on future use. Engineer may make
copies of any and all documents and items for its files. A set of mylar
reproducibles of all Project exhibits shall be filed with City prior to final payment.
Engineer shall have no liability for changes made to or use of the exhibits, cost
estimates, hydrologic/hydraulic data, and other documents contained in the Project
submittal by anyone subsequent to completion of the Project.
City shall require that any such change or other use shall be sealed by the Engineer
making that change or use and shall be approximately marked to reflect what was
changed or modified.
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7. SERVICES BY CITY
City shall provide the following services Zler this Contract:
A. ' ' ' ' ?nd i rmation to the Engineer as City's
B. Provide sample drawings to use as g~idclines.
C. Provide all available City of Coppell drawings, maps, plats, and notes
relating to existing and/or proposed public facilities and right-of-way within
the limits of.the Project.
AtI ,,.~ i , ,,...
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8. COMPLETION SCHEDULE
The services furnished by the Engineer under this Contract will be completed in
accordance with the following:
For the purposes of this Contract, a month is defined as thirty (30) calendar
days, and a week is defined as seven (7) calendar days. If the Project
submission date fails on a City non-working day, then the submission shall
be due the following City working day.
The Contract shall be completed within 150 calendar days from receipt of
"Notice to Proceed."
9. NOTICE TO PROCEED
City shall have complete control of the services to be rendered, and no payable
work shall be done under this Contract until the Engineer is instructed in writing
to proceed.
10. TERlVlINATION OF CONTRACT
City may indefinitely suspend fur[her work hereunder or terminate this Contract,
or any phase of this Contract, upon thirty (30) days prior written notice to the
Engineer with the understanding that immediately upon the receipt of such notice
all work and labor being performed under this Contract shall cease immediately.
Before the end of the thirty (30) day period, Engineer shall invoice the City for all
work accomplished by him prior to the receipt of such notice. No amount shall be
due for lost or anticipated profits. All data, exhibits, estimates, field surveys, and
other data related to the Project shall become the property of City upon termination
of the Contract and shall be promptly delivered to City in a reasonably organized
form without restriction on future use except as stated in Article 5. Should City
subsequently contract with a new consultant for continuation of services on the
Project, Engineer shall cooperate in providing information previously generated by
Engineer.
11. RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by City shall not constitute nor be deemed a release of the responsibility
and liability of the Engineer, its employees, associates, agents, and subconsultants
for the accuracy and competency of their preliminary designs or other work; nor
shall approval be deemed to be an assumption of such responsibility by City for
any defect in the preliminary design or other work prepared by the Engineer, its
employees, associates, agents, and subconsultants.
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12. EOUAL EMPLOYMENT OPPORTUNITY
A. The Engineer shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, ancestry, national
origin, or place of birth. The Engineer shall take affirmative action to
insure that applicants are employed and that employees are treated during
their employment without regard to their race, age, color, religion, sex,
ancestry, national origin, or place of birth.
B. If the Engineer fails to comply with the Federal laws relating to Equal
Employment Opportunity, it is agreed that the City at its option may do
either or both of the following:
1) Cancel, terminate, or suspend the Contract in whole or in part;
2) Declare the Engineer ineligible for further City contracts until he is
determined to be in compliance.
13. AMENDMENTS
This Contract may be amended or supplemented in any particular manner only in
written instrument and only as approved by resolution of City Council or the City
Engineer except for termination under Section 9, TerminatiOn Of Contract, which
may be accomplished by the City Engineer or his designated representative as
identified in Section 9, Termination 0f COntract,
14. COMPLIANCE WITH LAWS. CHARTERS. AND ORDINANCES. ETC.
The Engineer shall prepare the Project plans in compliance with the Charter and
Ordinances of the City, and with applicable rules and regulations promulgated by
local, state, and national boards, bureaus, and agencies existing and published
before date of this agreement.
15. RIGHT OF REVIEW
Engineer agrees that City may review any and all of the work performed by
Engineer under this Contract. City is hereby granted the right to audit, at City's
election, all of the consultant's records and billings related to the performance of
this Contract. Engineer agrees to retain such records for a minimum of three (3)
years following completion of this Contract.
16. CONFLICT OF INTEREST
No officer or employee shall have any financial interest, direct or indirect, in any
contract with the City or be financially interested, directly, in the sale to the City
of any land, materials, supplies, or services, except on behalf of the City as an
officer or employee. Any violation of this section shall constitute malfeasance in
office, and any officer or employee guilty thereof shall thereby forfeit his office or
position with the City. Any violation of this section with knowledge, expressed or
implied, of the person or corporation contracting with the City shall render the
Contract involved voidable by the City Engineer or the City Council.
17. CONTRACT ASSIGNMENT
This Contract is for personal and professional services; and the Engineer shall not
assign this Contract, in whole or in part, without the prior written consent of the
City.
18. NOTICES
All notices, communications, and reports required or permitted under this Contract
shall be personally delivered or mailed to the respective parties by depositing the
same in the United States Mail at the address shown below unless and until either
party is otherwise notified in writing by the other party at the following addresses.
Mailed notices shall be deemed communicated after five days.
If intended for Coppoll, to: If intended for Engineer, to:
Ken Griffin, P.E. J. Richard Perkins. P.E.
Contact Person Contact Person
Assistant City Manager/City Engineer Principal
Title Title
City of Coppoll Teague Nail and Perkins, Inc.
255 Parkway BIrd. 2001 W. Irving BIrd.
Coppoll, Texas 75019 Irving, Texas 75061
(214) 304-3679 (214) 251-1627 (Motto)
19. INDEPENDENT CONTRACTOR
In performing services under this Contract, Engineer is performing services of the
type performed prior to this Contract; and Engineer by the execution of this
Contract does not change the independent status of the Engineer. No term, or
provision hereof, or act of Engineer in the performance of this Contract shall be
construed as making Engineer the agent, servant, or employee of the City of
Coppoll.
20. INDEMNITY
Engineer agrees to defend, indemnify, and hold City whole and harmless against
any and all claims for damages, costs, and expenses of persons or property that
may arise out of, or be occasioned by, or from any negligent act, error or omission
or performance of this Contract, without regard to whether such persons arc under
the direction of City agents or employees.
2 I. INSURANCE
Engineer agrees to maintain workmen's compensation insurance to cover all of its
own personnel engaged in performing services for client under this agreement.
Engineer also agrees to maintain public liability insurance covering claims against
Engineer for damages resulting from bodily injury, death or property damage from
accidents arising in the course of services performed under this agreement.
22. VENUE
The obligations of the parties to this Contract arc performable in Dallas County,
Texas; and if legal action is necessary to enforce it, exclusive vcnue shall lie in
Dallas County, Texas.
23. GOVERNING LAWS
This Contract shall be governed by and construed in accordance with the laws and
decisions of the State of Texas.
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24. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions
thereof; and ~his Contract shall be considered as if such invalid, illegal or
unenforceable provision had never been contained in this Contract.
25. PUBLISHED MATERIAL
Engineer agrees that the City shall review and approve any written material about
City plans, projects, and/or activities prior to being published by the Engineer.
26. CAPTIONS
The captions to the various clauses of this Contract are for informational purposes
only and shall not alter any substance of the terms and conditions of this Contract.
27. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and insure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and, except as
otherwise provided in this Contract, their assigns.
28. ENTIRE AGREEMENT
This Contract (page 1 thru 8) embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary agreements
between the parties and relating to matters in this Contract, and except as otherwise
provided hercin, cannot be modified without written agreement of the parties to be
attached to and made a part of this Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals
on this date, the __ day of 1996.
TEAGUE NALL AND PERKINS. INC. CITY OF COPPELL
Firm Name
Signature Assistant City Manager/City Engineer
PRINCIPAL APPROVED AS TO FORM:
Title
2001 W, Irving Blvd.
Address City Attorney
Irving. Texas 75061
City, State, Zip Code
ATTEST
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