ST9601-CN 960813 ·
~ AGENDA REQUEST FORM
CITY COUNCIL MEETING: August 13, 1996 ITEM #
ITEM CAPTION:
Consider approval of entering into a contract with Teague, Nail and Perkins Inc. Consulting
Engineers for the design of Wrangler Drive from Belt Line Road to Freeport Parkway in an
amount not to exceed $141,000 and authorizing the Mayor to sign.
SUBMXTTE SY'i ..........Kenneth M. Griffin, P.~
STAFF COMMENTS:
See attached memo.
BY
CiTY COUNCIL
DATE
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
Funds in the Mount of $121,044.42 are available in the Escrow Accounts for
Wrangler Drive. The remaining amount will be funded from CIP interest earnings.
DIR. INITIALS: ~ FIN. REVIEW~-~ CITY MANAGER REVIEW:
Agenda Request Form - Revised 6~96 Document Name eng. 1
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., ACM/City Engineer
RE: Consider approval of entering into a contract with Teague, Nall and Perkins Inc.
Consulting Engineers for the design of Wrangler Drive from Belt Line Road to
Freeport Parkway in an amount not to exceed $141,000 and authorizing the
Mayor to sign.
Date: August 5, 1996
This contract is being brought forth after several meetings with the consulting engineer and after
several discussions with City Council concerning this project. The basic design perimeters
concerning this project as laid out in this contract are as follows:
1) A 45 foot back to back roadway from Belt Line Road to Freeport Parkway;
2) The extension of a 12 inch water line from the CISD property to Freeport Parkway;
3) The evaluation of the design of all drainage improvements; and
4) Preparation of the necessary right-of-way documents for the property from CISD west
to Freeport Parkway.
The contract does not include the design of a signal light at Airline Drive with Belt Line Road
or the inclusion of sidewalks along Wrangler Drive.
There has been discussion at several presentations to Council about how this roadway should be
designed and constructed. It is my opinion that this roadway should be designed as the other
roadways in the area. This means it should have a minimum width of 45 feet back to back to
accommodate the larger track traffic and allow for easier turning movements at the roadways
and driveways. Also, the wider paving will allow us to potentially dedicate a center turn lane
at the Coppell Middle School West. It is also my opinion that we should design and construct
the connection from Coppell Middle School West to Freeport Parkway. This will assist in
allowing school traffic an alternate route into and out of the site, thereby, relieving some of the
traffic congestion on Belt Line Road in the morning. This design does not include a signal light
design at the intersection of Airline Drive because it is my opinion that the design should take
place at such time as the project is funded. The reason for this is one of the components of the
signal design is traffic counts to determine the type of signal design, phasing, etc. To design
the signal at this time could potentially give an inaccurate result if in fact the roadway is not
going to be constructed for several years. It is still this departments intention that a traffic signal
will be constructed at Airline Drive when Wrangler Drive is improved. However, it is also my
opinion that we should wait to do that design until funding is provided for the improvement to
Wrangler Drive.
The basic design fee in Attachment 'A' is for $132,000. The additional $9,000 is included in
Attachment 'B' under "Special Services"; $4,000 is for additional right-of-way documents if
needed and the other $5,000 is to separate the project on the west end from Coppell Middle
School West to Freeport Parkway and not construct that portion at this time. On the first item
it is our intention to construct the 45 foot road in the existing 60 foot of right-of-way. This
would allow approximately 7 1/2 feet behind the back of the curb in the right-of-way. As an
informational item, for the most part along Denton Tap Road we have approximately 4 1/2 feet
behind the back of the curb. I am also unsure whether we will need additional right-of-way until
such time as we start the design and see if there is any existing features that need to be designed
around. I am aware of fiber optics on the north side of Wrangler Drive and also there is
drainage concerns along this section of the roadway. Therefore, some of those utility items
could dictate that we shift the roadway within the existing right-of-way creating the need to
acquire additional right-of-way on either the north or south side of this project. Therefore, that
item is being included to generate a cost for those additional documents. The second item
included in Attachment B "Special Services" is to separate the project. During presentations to
Council there has been some concern whether or not this project should be continued on to
Freeport Parkway. As previously stated, it is my opinion that we should construct the project
to Freeport parkway. However, in the event that the majority of Council chooses not to
construct the project to Freeport Parkway I requested a dollar amount from the consultant for
what it would take to separate the project out. In essence, I am asking the consultant to design
the project all the way to Freeport Parkway. However, in the event we do not construct
Freeport Parkway we still have to separate the water line from the paving plans and construct
the water line all the way to Freeport Parkway to provide adequate water service along Wrangler
Drive. So while the agenda item is requesting "a not to exceed $141,000" contract, it is quite
conceivable that the design could be accomplished for $132,000. With this agenda item, I am
also including the initial consulting engineers preliminary cost estimate. As can be seen, it is
higher than anticipated because of the substantial drainage associated with the project.
Staff recommends approval of the design contract with Teague, Nall and Perkins, Inc.
Consulting Engineers in an amount not to exceed $141,000 and authorizing the Mayor to sign.
Staff will be available to answer any questions at the Council meeting.
TEAGUE NALL AND PERKINS, INC.
ENGINEER'S OPINION OF PROBABLE COST May 23, 1996
Coppell, Texas Proj. No. CPL 96164
Project Name: Wrangler Road (Freeport Parkway to Belt Line Road)
ITEM iDESCRIPTION OF ITEM UNIT TOTAL UNIT COST
QUANTITY PRICE
WATER IMPROVEMENTS
1 6" PVC Water Line L.F. 10 16.00 160.00
2 8" PVC Water Line L.F. 60 18.00 1,080.00
3 12" PVC Water Line L.F. 680 32.00 21,760.00
4 6" Gate Valve and Box EA. 2 400.00 800.00
5 8" Gate Valve and Box EA. 1 500.00 500.00
6 D.I. Fittings Tons 2 2,800.00 5,600.00
7 Fire Hydrant EA. 2 1,000.00 2,000.00
8 Connect to Exist. Water System EA. 2 500.00 1,000.00
9 Trench Safety for Water Line L.F. 680 1.00 680.00
Subtotal Water Improvements 33,580.00
SANITARY SEWER IMPROVEMENTS
10 8" PVC Sewer Pipe L.F. 440 18.00 7,920.00
11 6" PVC Sewer Service Line L.F. 15 15.00 225.00
12 4' Diameter Std. San. Sewer Manhole EA. 2 1,300.00 2,600.00
13 Trench Safety for Sewer Line L.F. 440 1.00 440.00
Subtotal Sanitary Sewer Impr. 11,185.00
STORM DRAINAGE IMPROVEMENTS
14 Remove Existing 21" RCP L.F. 180 5.00 900.00
15 Remove Existing 24" RCP L.F. 120 6.00 720.00
16 Remove Existing Headwall EA. 1 300.00 300.00
17 Remove Existin~l Sloped Headwall EA. 6 200.00 1,200.00
18 Remove Existing Drop Inlet EA. 3 500.00 1,500.00
19 18" RCP Inlet Lead L.F. 124 35.00 4,340.00
20 24" RCP Inlet Lead L.F. 59 42.00 2,478.00
21 27" RCP (Class III) L.F. 37 47.00 1,739.00
22 30" RCP (Class III) L.F. 400 55.00 22,000.00
23 36" RCP (Class III) L.F. 600 70.00 42,000.00
24 48" RCP (Class III) L.F. 200 100.00 20,000.00
25 60" RCP (Class III) L..F. 400 125.00 50,000.00
26 3' x 3' Box Culvert L.F. 400 140.00 56,000.00
27 4' x 3' Box Culvert L.F. 400 170.00 68,000.00
Page 1 of 2
TEAGUE NALL AND PERKINS, INC.
ENGINEER'S OPINION OF PROBABLE COST May 23, 1996
City of Coppell, Texas Proj. No. CPL 96164
Project Name: Wrangler Road (Freepod Parkway to Belt Line Road)
ITEM DESCRIPTION OF ITEM UNIT TOTAL UNIT COST
NO. QUANTITY PRICE
28 5' x 3' Box Culvert L.F. 400 195.00 78,000.00
29 6' x 3' Box Culvert L.F. 400 220.00 88,000.00
30 2-6'x3' Box Culvert L.F. 110 400.00 44,000.00
31 6' Recessed Curb Inlet EA. 14 2,700.00 37,800.00
32 8' Recessed Curb Inlet EA. 12 3,200.00 38,400.00
33 Erosion Control L.S. 1 4,000.00 4,000.00
34 Trench Safety for Drainage L.F. 3,300 5.00 16,500.00
Subtotal Storm Drainage Impr. 577,877.00
PAVING IMPROVEMENTS
35 Unclassified Street Excavation C.Y. 21,500 6.50 139,750.00
36 Remove Exist HMAC Pavement S.Y. 7,600 2.00 15,200.00
37 8" Lime Stabilized Subgrade S.Y. 24,300 3.00 72,900.00
38 Lime For Stabilization S.Y. 486 100.00 48,600.00
39 7" Reinf. Concrete Pavement S.Y. 23,300 24.00 559,200.00
406" Integral Curb L.F. 9,350 1.50 14,025.00
41 6" HMAC Transition S.Y. 200 18.00 3,600.00
42~ Wheelchair Ramp EA. 14 350.00 4,900.00
43 Adjust Manhole To Grade EA. 10 300.00 3,000.00
44 Adjust Valve Box To Grade EA. 8 250.00 2,000.00
45 Centerline Pavement Markers EA. 1,060 2.20 2,332.00
46 Brick Pavers S,F. 2,400 9.00 21,600.00
47 H~/dro-mulch Seeding S.Y. 9,500 2.00 19,000.00
48 Street Light Conduit (T.U. Electric) L.F. 780 4.00 3, 120.00
49 Signal Conduit (Future At Freeport Pkwy) L.F. 180 4.00 720.00
Subtotal Paving Impr. 909,947.00
PREPARED BY: SUBTOTAL $1,532,589.00
CONTINGENCY (10%) $153,258.90
,. ' ' TOTAL $1,685,847.90
Page 2 of 2
8. PROCLAMATIONS:
A. Consider approval of a proclamation honoring the achievements of
James Paul Hagood, who achieved the Eagle Scout Award, and
authorizing the Mayor to sign.
A. Mayor Morton read the Proclamation for the record and presented a copy to James Paul
Hagood. Mayor Pro Tern Mayo moved to approve a proclamation honoring the
achievements of James Paul Hagood, who achieved the Eagle Scout Award, and
authorizing the Mayor to sign. Councilmember Robertson seconded the motion; the
motion carried 643 with Mayor Pro Tern Mayo and Councilmembers Alexander, Sturges,
Watson, Robertson, and Sheehan voting in favor of the motion.
CONSENT AGENDA
9. Consider approval of the following consent agenda item-~:
A. Consider approval of minutes: July 23, 1996
July 30, 1996
B. Consider approval of an Ordinance for pD-lS2. S_neeDee Oil Change,
zoning change from C (Commercial) to PD-C (Planned Development,
Commercial), to allow a minor automotive service facility located on the
west side of MacArthur Boulevard, approximately 1,014 feet north of
Beltline Road, and authorizing the Mayor to sign.
C. Consider approval of an Ordinance for PD-153. City_ C, arag_e, zoning
change from C (Commercial) to PD-C (Planned Development,
Commercial), with conditions, to allow the operation of a minor
automobile service facility located on the west side of MacArthur
Boulevard, approximately 1,140 feet north of Beltline Road, and
authorizing the Mayor to sign.
D. Consider approval of an Ordinance for PD-154. Sonic Addition, zoning
change from C (Commercial) to PD-C (Planned Development,
Commercial), to allow a drive-through restaurant located on the west
side of MacArthur Boulevard, approximately 860 feet north of Beltline
Road, and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for PD-I~5(CH). MacArthur pl~.Tn,
zoning change from C (Commercial) to PD-Open Space (Planned
Development, Open Space), to provide a landscaped common area
located on the west side of MacArthur Boulevard, approximately 1,350
feet north of Beltfine Road, and authorizing the Mayor to sign.
F. Consider approval of awarding bid #Q0696-0~5 to Waukesha Pearce
Industries for .g00ROZD Generator in an mount not to exceed
$68,5N~.00.
G. Consider approval of entering into a contract with Teague, Nail and
Perkins Inc. Consulting Engineers for the design of Wrangler Drive
from Belt Line Road to Freepart Parkway in an mount not to exceed
$141,000 and authorizing the Mayor to sign.
H. Consider approval of a resolution authorizing the Execution and
Delivery of a Continuing Disclosure Agreement as requested by the
Trinity River Authority and authorizing the Mayor to sign.
L Consider approval of a variance from the Subdivision Ordinance No.
94(p~ Section I Streets and Alleys E. 1. j. Parkin~ Lots...AH fare lanes
shall be constructed of 6" concrete on a prepared (lime or cement
modified) stlbgrade with adequate surfatce drainm~e. Aspludt will
be permitted for either parking lots or fare lanes... TIffs variance is
being requested by Marion Pritchett, Director of Retail Services on
behalf of Minyarde Food Stores., Inc. for a temporary fire lane.
J. Consider approval of contract amendment to the Standard Form
Agreement between the Owner and Contractor for Coppert Fi~
Stations No. 2 and No. 3, and authorizing the Mayor to sign.
Item I was pulled for further consideration.
Items A, B, C, D, E, F, G, H, and J --
Mayor Pro Tcm Mayo moved to approve Consent Agcnda Items 9 A; B carrying Ordinance No.
~}1500-A-134; C carrying Ordinance No. ~}lS00*A*E}5; D carrying Ordinance No.
E carrying Ordinance No. ~1500-A-137; F; G; H carrying Resolution No. 081396.1 and
Councilmember Robertson seconded the motion; the motion carried ~0 with Mayor Pro Tern
Mayo and Councilmembers Alexander, Sturgcs, Watson, Robertson, and Shcchan voting in favor
of the motion.
CMMI3N
l~ffe4d9
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 _Z,~day o_f~a44~996, by and between
the City of Coppell acting by and through the Mayor with approval o<~the City Council hereinafter
referred to as "City", and Teague Nail and Perkins, 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 Wrangler Road Reconstruction ,
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with
the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
WHERE.AS, 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.
Page i
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 tl~ 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 A, Basic
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. Special Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Special Services listed in Attachment B,
Special Services, appended hereto, shall be provided by the Engineer. These
Special Services are not included as a part of Basic Services and shall be paid for
by the City in addition to payment for Basic Services. Should it be determined that
one or more of the requirements of this Contract conflict with the requirements of
the Scope of Services, including modifications to the Scope of Services or any
attachments to this contract; the requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
percentage of the Contract budget estimated to be allocated to each task and a bar chart
schedule showing task beginning and completion dates. Significant milestones for the
Project shall be identified. At a minimum, milestones shall be provided for the three
design submittals described in Attachment A, Basic Services: Schematic Design
Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate
(PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment C,
Project Schedule which shall become a part of this Contract upon approval of the
Engineer and the City. The Engineer shall provide to the City information to report and
monitor the design tasks within the Project Schedule by completing a "Design Progress
Report" on a form provided by the City. The Engineer shall complete and provide to the
City said report at two week intervals.
Page 2
3. Compensation.
A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this
Contract pursuant to the Fee Schedule described in Attachment A, Basic Services.
Basic Services Fee shall not exceed the lump sum of One-Hundred Thirty-Two
Thousand and No/100 Dollars ($132,000.00) 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. This proposed lump sum Basic Services fee is allocated to
the water improvements and paving/drainage/sewer improvements in the project
thusly:
Water Improvements $ 9,800
Paving/Drainage/Sewer Improvements $122,200
Total Lump Sum Basic Services Fee = $132,000
B. Special Services Fee Not Included In Basic Services Fee - If requested, the
Engineer should be paid a fee under this Contract for any Special Services
provided and pursuant to the Fee Schedule described in Attachment B, Special
Services. Modifications to the Special 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.
C. Total Maximum Fee: The Total Maximum Fee for this Contract shall be the lump
sum Basic Services Fee plus any requested Special Services Fees.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services and/or Special Services on or before the twenty fifth (251h)
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.
Page 3
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion
of the requesting Party, the needs and conditions of the Project warrant a modification.
Upon the receipt of a request by either Party, the Engineer and the City Engineer shall
review the conditions associated with the request and determine the necessity of a
modification. When the Parties agree that a modification is warranted, the Engineer and
the City Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer, authorized
by the City Council, if required, and issued by the City Engineer. Issuance of the
approved Scope of Services modification shall constitute a notice to proceed with the
Project in accordance with the modified Scope of Services. The City Engineer may issue
written Modifications to the Scope of Services without prior approval of the City Council
when the modifications are to be accomplished within the authorized Total Maximum Fee
and do not materially or substantively alter the overall scope of the Project, the Project
Schedule or the Services provided by the Engineer.
6. Pro_iect Deliverables. For each submittal identified in Attachment A, Basic Services, the
Engineershall 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
Page 4
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. Pro_iect 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 Schematic 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 parmering, the parties do not
intend to create a legal parmership, 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 parmering shall be totally voluntary and all participants shall have equal
status.
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
preformed 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.
Page 5
10. Engineer 's Seal. The Engineer shall place his Texas Professional seal of endorsement
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 by 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.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death,
to all persons, including employees of Engineer or any associate consultant, which may
arise from any errors, omissions or negligent act on the part of Engineer, its employees,
agents, consultants or subcontractors, in performance of this Contract, or any breach of
any obligation under this Contract. It is further understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties, but that this agreement
shall be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to
the Engineer's failure to perform in these circumstances, the City may withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City 's
Page 6
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 c~ase. 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 Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
16. 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 trader 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 shall be replaced or
restored by Engineer without cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
Page 7
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.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
Page 8
27. Notification. All notices to either Party by the other required under this Contract shall
be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
Ken Griffin, P.E.
City Engineer
255 Parkway Blvd.
Coppell, Texas 75019
Engineer: J. Richard Perkins, P.E.
Teague Nall and Perkins, Inc.
2001 W. Irving Blvd.
Irving. Texas 75061
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL ENGINEER: TEAGUE NALL AND PERKINS, INC.
BY: BY:
Mayor ard Perkins, li.E., Principal
Date: ~9 _ / 25 '- 9'/: Date:
ATTEST: ATTEST:
(CORPORATE SEAL)
Page 9
ATTACHMENT "A" -- BASIC SERVICES
Wrangler Drive (Freeport Parkway to Belt Line Road)
Scope of Services
I. PROGRESS SCHEDULE
Within ten (10) days after receiving a Notice to Proceed (NTP), the Engineer shall submit
for approval to the City a Schedule of Services which will include a breakdown of the
major project tasks of Schematic Design (Phase I), Preliminary Design (Phase II), and
Final Plans, Specifications and Estimates (Phase III) with each item of work shown as a
percentage of the total phase. A "Design Progress Report" will be prepared, updated each
month, and submitted to the City by the Engineer at two week intervals.
II. DESIGN PARAMETERS
The City has established the following design parameters which the Engineer shall
incorporate into the design, construction plans, and specifications for the Project:
1. Design 45-foot B-B roadway in the center of the current minimum 60-foot right-of-
way. Additional right-of-way from Coppell Middle School east to Belt Line Road
is only to be acquired if so dictated by the City.
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.
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 8 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 Drive to determine if it is feasible to place the flow into the
storm drainage system in Wrangler Drive, thereby eliminating the need for the
existing earthen channel. In either case, the Engineer shall design all appropriate
storm drainage systems for the project.
8. Evaluate the need for wider paving widths at all intersections..(especially Freeport
Parkway and Belt Line Road) for track taming movements. If determined not to be
needed, design for striping and buttons at each end of project for lea turn lanes. This
may require modification of the existing median opening in Freeport Parkway.
9. Design conduit across Wrangler Drive at Freeport Parkway for future signalization.
10. Prepare a traffic control plan for utilization by the Contractor in constructing the
project. The plan prepared by the Engineer will be placed in the construction plans
as a guide, and the Contractor will either use this plan or submit his own plan which
will be subject to review and approval by the Engineer and the City.
11. Provide brick pavers in roadway pavement at Belt Line Road/Wrangler Drive
intersection only. Brick pavers to extend into wheelchair ramps. No sidewalk will
be designed for either side of Wrangler Drive, but wheelchair ramps will be
constructed at each intersection. The street and the associated parkways will be
designed in such a way so as to accommodate design and construction of a future
sidewalk along either or both sides of the roadway.
12. 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).
13. Only one (1) right-of-way parcel will be needed for the project -- west end between
C.I.S.D. property and Freeport Parkway. (65-feet of width to be obtained).
14. Final design and preparation of contract documents/spec's will be completed by
Engineer within 150 calendar days l~om receipt of notice to proceed from the City.
15. 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.
16. Contractors for the project(s) shall provide their own construction staking.
Construction staking control will be established by the Engineer for use by the
Contractor(s).
2
The Engineer agrees to render services necessary for the development and completion of
the Project as outlined herein. The Basic Services to be performed by Engineer under this
Contract include the following:
A. SCHEMATIC DESIGN
1. When requested by the City, the Engineer shall attend prel'.lmi'nary 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 proposed
paving and related improvements with the requirements of such other agencies.
It shall be the Engineer's duty hereunder to secure necessary information from
such agencies.
3. The Engineer shall advise the City with regard to the necessity for subcontract
work such as special surveys, tests, test borings, or other subsurface investigations
in connection with design and engineering work to be performed hereunder. The
Engineer shall also advise the City concerning the results of same. Such surveys,
tests, and investigations shall be made only upon authorization by and at the
expense of the City.
4. During the schematic design phase the Engineer shall coordinate with all utilities
as to any proposed utility lines or the need for adjustment to the existing utility
lines within the project limits. The information obtained shall be shown on the
schematic plans and addressed in the schematic design report. The Engineer shall
show on the schematic, preliminary, and final plans the location of the proposed
utility lines, existing utility lines, and any adjustments and/or relocation of the
existing lines based 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. The possible phased construction of the proposed 12" water
line on the west end of Wrangle Drive is discussed in Attachment "B" ~ "Special
Services ".
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
3
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. All other right-of-
way/easement documents required for the project will be prepared and paid for in
accordance with the provisions of Attachment "B .... Special Services".
6. The Engineer shall supply construction plans to all utility cqmpanies, 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 schematic plans,
one set of dated preliminary plans, and
one set of dated and approved advertising (final) plans.
7. The Engineer shall furnish for City review three (3) copies each of the schematic
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).
B. PRELIMINARY DESIGN.
1. The Engineer shall meet with the City to discuss the schematic design plans and
report, and the Engineer will then proceed with preparation of the preliminary
design of the project incorporating all comments received from the City and agreed
upon by both the City and the Engineer into these plans.
2. The Engineer shall provide detailed design data, profiles, cross-sections where
appropriate, opinions of probable cost, and furnish three (3) copies of detailed
preliminary design plans for the project to the City for review. The Engineer
shall indicate on the plans the location of existing and proposed utilities and storm
drains. Storm drainage calculations shall also be provided on the drainage layout
sheet in the plans.
3. After receipt of preliminary design review comments from the City, the Engineer
shall make all corrections noted and then commence preparation of the final design
plans and specification/contract documents.
4
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
1. Incorporating all City review comments from the preliminary design submittal, the
Engineer will complete the final plans, prepare contract documents/specifications,
and a final opinion of probable cost for the authorized construction units. This
shall include summaries of bid items and quantities, but the Engineer does not
guarantee that Contractor bids will not vary from such opin~;pn. Each of these
items (3 copies each) shall be submitted to the City for final approval.
2. After receipt of final plan/specifications/contract documents review comments from
the City, the Engineer shall make all corrections noted and then furnish thirty (30)
copies of contract documents and final bid plans to the City for distribution to
Contractors for bidding the Project. Contract documents shall contain the Notice
to Bidders, Proposal, Wage Rates, General and Special Provisions, Special
Specifications, Insurance Statement, Payment, Performance, and Maintenance
Bonds, and all other required City Contract forms.
3. The original drawings of all plans shall be plotted in ink on approved 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.
4. The City shall provide all required soil testing and furnish a report of the test
information to the Engineer for his use.
5. The Engineer shall determine the right-of-way and easement needs necessary for
the construction of the project and furnish same to City. The Engineer shall
provide the necessary land survey, Deed and Abstract Records search, right-of-way
exhibit and description of the single property parcel to be acquired for this project.
D. CONSTRUCTION ADMINISTRATION.
The City may elect to have the proposed 12" water line constructed under a separate
contract from the paving improvements for Wrangler Drive. The scope of construction
administration services itemized below will be the same for both projects; however,
Attachment "B" to this contract outlines the extra payment due to the Engineer for extra
design and administrative services should this option be chosen by the City.
1. The Engineer will assist the City in the advertisement for bids -- prepare Notice
to Bidders for required newspaper advertising -- and place notice with Texas
Contractor magazine and Dodge Report.
5
2. The Engineer will attend a pre-bid meeting if deemed necessary by the City.
3. The Engineer shall assist in the tabulation and review of all bids received for the
construction of the improvements, and shall make recommendations to the City
concerning these bids. At any time during the construction of this project, the
Engineer shall advise on special review shop drawings requir~e.d of the Contractor
by the Construction Contract(s). Such review shall be for general conformance
with the design concept and general compliance with the plans and specifications
under the Construction Contract(s).
4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer
will assist in the preparation of contract documents, including contract,
performance, payment, and maintenance bonds and all other related City forms
required to initiate construction on the project(s).
5. Engineer will arrange a pre-construction conference with City staff, Contractor(s)
and all affected utility companies.
6. Engineer will provide periodic field representation and will monitor construction
progress as often as Engineer deems necessary. However, once every two (2)
weeks the Engineer shall attend a scheduled meeting with the City's project
inspector and the Contractor(s) to discuss the construction progress. A written
report shall be provided to the City after each of these bi-weekly meetings.
7. 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.
8. Engineer will be available for interpretation of plans and specifications as may be
required by the Contractor(s) in the field.
9. 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.
10. 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).
11. 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.
12. Engineer will provide the CitN 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.
7
ATTACHMENT "B" -- SPECIAL SERVICES
Wrangler Drive (Freeport Parkway to Belt Line Road)
Scope of Services
The "Basic Services" to be provided for this project by the Engineer are itemized in Attachment
"A' -- Basic Services as included herein.
Special Services which may be authorized by the City may include, but not be limited to, the
following:
1) Additional right-of-way/easement parcels which may be needed if City constructs
a 45-foot wide roadway and desires a full 65 feet of right-of-way to accommodate
salIle.
2) Additional right-of-way/easement parcels which may be needed if design dictates
the need for widening of any of the street intersections with Wrangler Drive in
order to improve traffic movements through the intersection(s).
3) Separation of construction into two (2) sets of plans (12" water line and paving
with related improvements). Basic Services assume that all facilities will be bid
under one construction contract.
Engineer will invoice the City for the above defined Special Services only after authorization of
same from the City and in accordance with the following payment schedule:
Expected
Description of Service Unit Cost Max - Fee
1) Prepare Additional right-of-way/
easement documents (Items 1 & 2 above)
(Maximum of 10 added parcels). $400/each $4,000
2) Separation of plans into two (2) separate
projects (water and paving)
(Lump Sum amount) $5,000 $5,000
Total Max. Special
Services Fee $9,000
If other Special Services are needed by the City for this Contract, Engineer will provide same
only at the direction and with the approval of the City on the basis of an agreed upon maximum
amount or on an hourly reimbursable basis based upon the following hourly rates for the various
employee classifications that may be required to complete the Special Services:
Principal -- $110/hour
Project Manager--S85 - $100/hour
Project Engineer -- $50-$85/hour
CAD Technician -- $30-$55/hour
Clerical -- $25-$50
Survey Crews
3-man Crew -- $85/hour
2-man Crew -- $75/hour