ST9401-CN 941216WIER & ASSOCIATES, INC.
December 16, 1994
Mr. Kenneth Griffin, P.E.
City Engineer
Engineering Department
City of Coppell
255 Parkway Boulevard
Post Office Box 478
Coppell, TX 75019
214/462-0022
Dear Ken:
RE: W&A #94-093 - REVISED PROPOSAL
FOR PROFESSIONAL DESIGN
SERVICES - Denton Tap Road Project;
Coppell, Texas
We have revised the draft contract and opinion of project cost after our last
meeting with you on December 13, 1994. The design, construction, Iogistical and
phasing issues we have identified to date are discussed in the revised pre-conceptual
design memo entitled "Denton Tap Road - Major Design Elements and Comments."
We have revised the "Pre-conceptual Opinion of Probable Construction
Cost" for the project to reflect the amended scope of services and other issues we
discussed. This opinion of cost is based on pre-conceptual sizes of estimated
quantities of anticipated improvements and the anticipated unit prices shown thereon.
Improvements generally include demolition, paving, grading, storm drainage, bridge,
landscaping, sidewalks, and 16-inch water main. The total project cost anticipated at
this time is $3,607,942, including a 10% contingency.
The total project cost is comprised of the following:
Paving and Bridge .....................................................................$2,402,366
Storm Drainage .............................................................................$622,776
Water Main Improvements ........................................................$254,800
Subtotal ............................................................................$3,279,942
10% Contingency ............................................................$328,000
TOTAL OPINION OF CONSTRUCTION COST ..............
. Mr. Kenneth Griffin, P.E.
W&A #94-093
December 16, 1994
Page 2 of 2
We have aggressively reduced the magnitude of the design fee for the
surveying, engineering, and landscape architecture services which are required for this
project from $296,800 to $240,000.
The design fee is comprised of the following:
Paving, Bridge & Drainage
Water Line
$220,000
20,000
$240,000
We have not included any allowance to design capping or other protective
improvements for the City of Dallas water line. While we do not think at this time that
such effort will be necessary, we will not really be able to confirm that until we have
defined all existing conditions along the alignment and are into the preliminary design
phase. (For your information, we anticipate this project will require approximately 48 to
58 plan sheets in the final construction plans bid set.)
We have enclosed a revised draft of a Contract for Professional Design
Services for the project which defines the scope of design services, revised design fee,
time for completion of services, etc.
Please call if you have any questions. We look forward to working with you and
the City on this project.
JPW:ckw
Very truly yours,
N P. WIER, P.E., R.P.L.S.
t
Enclosures
Denton Tap Road - Major Design Elements and Comments Memo
Pre-conceptual Opinion of Probable Construction Cost
Draft Contract for Professional Design Services
DENTON TAP ROAD MAJOR DESIGN
ELEMENTS AND COMMENTS MEMO
(To Accompany Revised Proposal)
1. Public Utility Location & Coordination:
There appear to be only two unusual public utility situations, There is an
underground multiple GTE duct system along the west side of the roadway.
Conduits are mounted on the west beam of the bridge crossing Denton Creek to
accommodate the GTE lines. The pre-conceptual cost opinion does not include
any costs for construction or design of GTE duct systems. The cost opinion
includes conduit crossings at medians for installation of street lights by TU
Electric, but does not include conduits for other public utilities.
The existing 30-inch water line crosses Denton Creek below grade. We will
need to coordinate with the City of Dallas regarding this line and confirm the line
will not be overloaded by fill embankment. We have not included costs in the
pre-conceptual opinion of probable construction costs for capping the 30-inch
water line. The water line typically has 6' or more of cover and should not be
impacted in street cut locations. The storm drain crossings appear to pass over
the water line and lowering the line is not anticipated. The east bridge crossing
will need to be located to miss the existing water line crossing. The east bridge
may need to be moved more to the west than shown on the pre-conceptual
exhibit. The existing water line may need to be uncovered on both sides of
Denton Creek to make sure the bridge pier locations are a minimum 5' or so from
the existing water line.
2. 404 Jurisdictional Issues:
It appears that the bridge will span the main creek and not impact jurisdictional
area. There will be a culvert crossing upstream that will impact 404 stream, but
this will be far less than one acre and should comply with General Permit 26.
We will need to submit information to the U.S. Army Corps of Engineers Permits
Division to confirm conformance, but we do not anticipate public hearings,
individual permits, or mitigation will be required.
3. DesiGn Surveys:
The design surveys are straight forward and the alignment is open. A maximum
of 4 cross-sections may be needed on the Denton Creek Bridge crossing. A
detailed topographic survey upstream and downstream of Denton Creek will be
WieP & Associat;es, Inc.
94-039
Page 1 of 5
Revised December 16, 1994
needed to assure proper placement of bridge piers, minimize tree loss and
design of the hike and bike trail crossings on both sides. The properties are
large tracts on both sides and there will not be much right-of-way determination
work on this project. Approximately seventeen right-of-way and easement
documents are anticipated.
4. Spur 553 Coordination:
The state has prepared preliminary plans for paving and drainage for the
frontage roads east of Denton Tap Road. We obtained a copy of portions of the
preliminary design and discussed the project with Kenneth Shirly. There is a
narrow, long drainage area along the west side of Denton Tap Road north of the
Spur. A total of 111.2 acres of land are collected north of the Spur and directed
to Denton Tap Road. The state has analyzed the watershed and determined
that a multiple 3-6'x4' culvert will be needed to receive and convey the runoff to
the south to an existing culvert crossing on Denton Tap Road 650' south of the
Spur. The runoff drains along the east side of Denton Tap Road another 400' to
an existing drainage ditch on the Vista Ridge property. The drainage ditch
drains to the southeast and empties into Denton Creek approximately 550' from
Denton Tap Road.
The attached cost opinion assumes the project will be constructed ahead of the
Spur west of Denton Tap Road and an enclosed multiple culvert will be extended
south of the Spur approximately 950' to the drainage ditch location. The costs
associated with enclosing this drainage will exceed $400,000. Alternate
methods for conveying the runoff can be explored including a parallel concrete
channel. Perhaps the drainage can be directed into a linear pond facility in one
of the adjacent developments. We anticipate the esthetic standards of the city
will dictate enclosing the drainage or designing a linear pond facility. The
excavation for a linear pond could be used for fill embankment and reduce the
amount of imported material. Land costs may eliminate the linear pond option
since the adjacent property is planned for commercial use.
5. Secluence of construction:
The street and bridge construction need to be phased to keep a bridge crossing
in place and open to traffic at all times. Due to the existing 30-inch water line
location and other physical restraints, we anticipate the bridge for the west lanes
and the west side of the roadway will be constructed first. The attached pre-
conceptual plan indicates the basic phasing. The sequence is anticipated to be
generally as follows:
a. Relocate public utilities necessary to make fill embankments.
Construct west bridge. (Other work can be ongoing while the bridge is
being constructed. )
Wier & Associates, Inc.
94-039
Page 2 of 5
Revised December 16, 1994
Construct cut and fill embankment for west lanes while west bridge is in
construction.
de
Install underground public utilities, conduits, storm drainage, culverts and
water lines in west lanes.
Construct west concrete paving lanes, pavement treatment and strip for
two-way traffic.
f. Transfer traffic to west lanes.
g. Remove existing bridge and start east bridge and east roadway
construction.
Relocate public utilities necessary to make fill embankment and cap 30-
inch water line if required.
Construct east bridge crossing while other items are in progress.
Construct roadway embankment on west lanes.
k. Construct public utilities and 16-inch water line.
Pave east lanes and install pavement treatments.
Place irrigation system, landscaping and revegetate median and
parkways.
n. Place pavement marking on east lanes.
o. Open west lanes and provide two-way traffic.
The construction plans will need to include detailed construction sequence
plans.
Denton Creek Brid¢le DesiGn:
The bridge is anticipated to have a total length of about 180 feet and will
probably be built in two different phases requiring different move-ins by the
Contractor. The west side will probably be built first and span the entire creek
bottom section or about 70' to 80' between piers. The deck to low cord depth is
estimated to be 5' approximately. The city's criteria requires the bridge low cord
be 1' above the improved condition 100-year flood elevation. The roadway
grade will need to be elevated at the bridge and we anticipate the need for
imported borrow due to the embankment. The improved bridge will be above the
floodplain, but wider than the existing bridge. The net result should be that the
improved bridge will probably lower the existing 100-year floodplain upstream of
the bridge. We understand the city is not requesting hydraulic studies to confirm
Wier & Associates, Inc.
94-039
Page 3 of 5
Revised December 16, 1994
the lack of impact or the floodplain elevation and further will not request a map
revision from FEMA.
The bridge will need to be designed with provisions for public utilities connected
to the beams. The existing bridge is in good condition, but is not aligned where
it could probably be considered for re-construction. The preliminary bridge cost
opinion assumes park paths will be located under the bridge on both sides of the
creek. The bridge deck is assumed to be 49' wide on both sides to provide lane
crossing and a wide pedestrian/hike and bike crossing. If the path is located on
one side only, the bridge costs could be reduced. We anticipate an approximate
160' ramp will be needed to connect the pedestrian hike and bike trail from the
roadway down to the crossing beneath the bridge.
7. Traffic Si.qnals:
Conduits are included in the cost opinion at the Spur median opening for future
installation of traffic signals. However, the cost opinion does not include traffic
signal installation.
8. Parks Issues:
We anticipate an entrance and left turn lane will be required for the park east of
the roadway at the existing median opening. The attached preliminary concept
plan indicates a deceleration lane to serve the park complex west of the
roadway. Meetings will be needed with the Parks Department to establish hike
and bike trail and park access designs.
9. Landscaping and Streetscaping:
The city has detailed design guidelines for design of the medians, parkways, and
paving treatments at crossing locations. The entrance into Coppell at the north
end will be a major entry which has heavy landscaping and a wide pavement
marking band. At this time the city has indicated that the irrigation system and
landscape plantings will not be installed at the entry. The cost opinion includes
irrigation, landscaping, and pavement treatments beginning at the south end and
extending along for the center median up to Spur 553 and up to the bridge for
the parkways. The bridge crossing will need to include special treatments to
enhance its appearance. The cost opinion includes special treatments and
guard rail at the bridge crossing.
10. 16-Inch Water Line:
The cost opinion includes installation of a 16-inch water line from Parkway
Boulevard to Spur 553, a 12-inch water line from the Spur north for 1,200' and
the remainder an 8-inch water line to the city limits line. The water line will be
Wier & Associates, Inc.
94-039
Page 4 of 5
Revised December 16, 1994
located on the west side of the roadway for most of the length most likely to
avoid conflict with the existing 30-inch City of Dallas water line. We can not
determine at this time whether protective capping or other measures will be
necessary depending on the type of pipe and the height of roadway fill sections
which may be needed for Denton Tap. The water line can be deleted from the
initial roadway construction project to save money at that time, but will impact
design of the irrigation system if eliminated totally. We believe the water line
should at least be extended north of Denton Creek.
11. Street Li.qhtin.q
We have not included costs for lighting except on bridge.
Wier & Associates, Inc.
94-039
Page 5 of 5
Revised December 16, 1994
WIER & ASSOCIATES, INC.
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
DATE:
December 15, 1994
JOB NO.: 94-093
CLIENT:
City of Coppell
PROJECT:
Denton Tapp Road from Park Entrance North to City Limits Line
(4,720-feet West Lanes; 3,220-feet East Lanes)
ITEM
NO.
I.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
26
29
30
31
32
33
34
35
36
DESCRIPTION OF ITEM
PAVING, BRIDGE, AND STORM DRAINAGE
R.O.W. Preparation &Clearing 1
Roadway Excavation 25,000
Roadway Embankment 38,000
Import Embankment 17,000
Channel Excavation 3,000
Revegetate Channel 0.35
Remove Exist. Conc. Pvm't 890
Remove Exist. Bridge Crossing 1
Remove Exist. Conc. Culvert 1
Lime Stabilized Subgrade 39,000
Lime @ 34#/S.Y. 663
6" Reinforced Pavement 254
7" Reinforced Pavement 230
8" Reinforced Pavement 36.000
Temporary Asphalt Transition 900
Temporary Signage &Barricade 1
Traffic Buttons &Jiggle Bars 1,900
5' Wide Sidewalk 1,850
Special Guard Rail @ Bridge 400
Erosion Control Facilities 1
Manhole Adjustments 4
Adjust Water Va Ives 8
Adjust 30" W.L.M.H. 2
18" R.C.P. 260
21" R.C.P. 570
24" R.C.P. 1,012
27" R.C.P. 930
30" R.C.P. 530
Inlets 13
Remove "Y" Inlet & Const. Junct. 1
3-6'x4' Culvert 1,080
5-6'x4' Culvert 100
Culvert Headwalls 90
2" P.V.C. Conduit for Street Lights 1,240
Conduit for future Traffic Signals 440
Pull Boxes 4
TOTAL
QUANTITY
UNIT
LS
CY
CY
CY
CY
AC
SY
LS
LS
SY
TON
SY
SY
SY
SY
LS
EA
LF
LF
LS
EA
EA
EA
LF
LF
LF
LF
LF
EA
EA
LF
LF
CY
LF
LF
EA
UNIT
PRICE
60,000.00
3.50
1.25
7.00
5.00
4,000.00
5.00
18,000.00
6,000.00
1.50
90.00
24.00
19.00
20.00
18.00
12,000.00
8.00
12.00
70.00
20,000.00
350.00
200.00
500.00
26.00
30.00
38.00
41.oo
46.00
2,500.00
2,000.00
340.00
580.00
425.00
3.00
3.00
400.00
COST
60 000
87 500
47 500
119 000
15 000
1 400
4 450
18 000
6 000
58,500
59,670
6,096
4,370
720,000
16,200
12,000
15,200
22,200
28,000
20,000
1,400
1,600
1,000
6,760
17,100
38,456
38,130
24,380
32,500
2,000
367,200
58,000
38,250
3.720
1,320
1,600
W&A 94-093
PAGE 1 OF 2
OPN1294B.WK4
37 1W' W.L. Service for Irrigation 5 EA 900.00
38+ Bridge Crossing Denton Creek 16,200 SF 45.00
39 Decorative Guard Rail 720 LF 150.00
40 Rip-rap &Hike &Bike Trail Under Bridge 980 SY 28.00
41 Hike &Bike Trail Ramp to Connect 260 SY 25.00
42 Lighting on Bridge 1 LS 4,000.00
43 - Irrigation &Landscaping Budget I LS 120,000.00
44 Retaining Walls @ Bridge (N) 178 CY 400.00
4,500
729,000
108,000
27,440
6,500
4,000
120,000
71,200
SUBTOTAL I - PAVING, BRIDGE, & STORM DRAINAGE
$3,025,142
Detailed Structural Cost Opinion to establish L nit price.
Detailed Landscape Cost Opinion Prepared to establish lump sum price wqich includes pavestone.
II. WATER
1 Abandon 8" W.L. North of Parkways 1 LS 1,200.00
2 16" x 16" W.L. Tap 1 EA 4,000.00
3 16" W.L. 3,050 LF 40.00
4 16" W.L. Connected to Bridge 180 LF 80.00
5 12" W.L. 1,400 LF 32.00
6 8" W.L. 1,450 LF 20.00
7 16" G.V. 3 EA 1,800.00
8 12" G.V. 4 EA 900.00
9 8" G.V. 2 EA 500.00
10 6" G.V. & F.H. 14 EA 1,800.00
11 Fittings 1.5 TON 2,800.00
SUBTOTAL II - WATER
TOTAL CONSTRUCTION
10% CONTINGENCY
TOTAL PROJECT COST
Since the design professional has no control over the cost of
labor, materials, or equipment, or over the contractors
method of determining prices, or over competitive bidding or
market conditions, his opinions of probable construction cost
provided for herein are to be made on the basis of his expe-
rience and qualifications. These opinions represent his best
judgment as a design professional familiar with the construc-
tion industry. However, the design professional cannot and
does not guarantee that proposals, bids, or the construction
cost will not vary from opinions of probable cost prepared by
him. If the owner wishes greater assurance as to the construc-
tion cost, he shall employ an independent cost estimator.
Prpd. by UTL
Chkd. by JPW
1,200
4,000
122,000
14,400
44,800
29,000
5,400
3,600
1,000
25,200
4,200
$254,800
$3,279,942
$328,00O
$3,607,942
W&A 94-093
PAGE 2 OF 2
OPN1294B.WK4
THE STATE OF TEXAS
COUNTY OF TARRANT
PROFESSIONAL DESIGN SERVICES CONTRACT
THIS CONTRACT is made and entered into this day of
, 1994, by and between the City of Coppell, Dallas
County, Texas, a municipal corporation, hereinafter called
"City", and Wier & Associates, Inc. hereinafter called
"Engineer", whose address is 4300 Beltway Place, Suite 130,
Arlington, Texas 76018.
WI TNESSETH:
That in consideration of the terms and conditions contained
herein the parties do mutually agree as follows:
Employment of Engineer
Engineer shall perform all services under this contract to
the prevailing engineering professional standards consistent with
the level of care and skill ordinarily exercised by members of
the engineering profession, both public and private, currently
practicing in the same locality under similar conditions,
including reasonable, informed judgments and prompt, timely
action. If Engineer is representing that he/she has special
expertise in one or more areas to be utilized in this contract,
then Engineer agrees to perform those special expertise services
to the appropriate local, regional or national professional
engineering standards.
Engineer shall provide services necessary for the design of
construction of improvements to City's street, drainage, and
water distribution system, the location and extent of which is as
follows:
DENTON TAP ROAD, 6-lanes from 1,200 feet north of
Parkway Blvd. to Highland Drive, and the 3 southbound
lanes from Highland Drive to 1,450 feet north of
Highland Drive, including a 16" water line, said site
being located within the City of Coppell, Dallas County
& Denton County, Texas, and hereinafter referred to as
the "Project."
II.
Services
Field Survey Work
Engineer shall furnish a survey field party to collect all
field information necessary to prepare complete and detailed
plans, specifications, and contract documents. Before the
survey party is engaged in surveying on private property,
City shall send letters to all adjacent property owners and
other affected property owners notifying them of the survey
party's intent to survey on private property. The City shall
obtain permission to survey on private property from the
various affected property owners identified by City before
surveying is commenced. The City's letter of permission
shall include permission for Engineer to set iron pins and
control monuments for future right-of-way and/or easements
to be acquired by City at a later date. Engineer shall
direct the field party in the following:
Establishing the proposed centerline or a suitable
reference base line on the ground as required by City.
Making a complete topographic survey of all existing
features above ground level that would or could affect
proposed construction. These features shall include,
but are not limited to, telephone poles, power poles,
utilities, utility markers, fences, retaining walls,
water meters, detector check valves, manholes, vaults,
sprinkler heads, structures, and culvert pipes. Also,
all buildings, trees, steps, and other topographical
features which would be of interest to the property
owner in discussing the plans with City engineers must
be shown accurately and drawn to scale.
Determining exact horizontal and vertical location of
all underground utilities or other underground
structures where they cross any part of the proposed
storm drainage system or may affect the proposed
Project.
4. Making complete and accurate cross-section field notes.
Making of all surveys necessary to determine limits of
any existing right-of-way.
Conceptual Design Plans
Conceptual plans for this project shall be prepared on such
a scale (not smaller than 1" = 200') and to such detail as
is necessary to resolve all conceptual issues. Conceptual
plans must be approved by City prior to Engineer commencing
with the preparation of preliminary design construction
plans. Engineer shall prepare conceptual plans which will
include the following:
Approximate alignment of existing street and
approximate alignment of the proposed facility,
including approximate curve data.
As applicable, the location and size of all proposed
median openings and left-turn bays.
The approximate location of all existing driveways
within the limits of the project.
The location of all trees with a diameter of six inches
(6") or greater.
A preliminary drainage study, including drainage areas,
location and size of existing drainage facilities, the
approximate size and alignment of proposed drainage
facilities, and approximate discharges.
Approximate dimensions of existing right-of-way and
easements·
Preliminary Design Construction Plans
At such time as Engineer is directed by City, Engineer shall
prepare preliminary plans at a horizontal scale of 1" = 20'
and a vertical scale of 1" = 5' on 22" x 34" sheets to
include the following:
Edge of existing pavement, existing structures, and
existing utilities existing and proposed rights-of-way
and easements, proposed curb line on plan and profile
sheets, and existing ground elevation in profile.
The location, size, and species of all trees and shrubs
within the limits of street right-of-way, drainage,
slope or temporary construction easements. If due to
the density of the growth it is impractical to show all
trees and shrubs, the limits of dense stands of trees
and shrubs will be shown. In any case, all trees six
inches (6") in diameter, or larger, shall be shown,
unless directed otherwise· Engineer shall indicate on
the plans those trees which are to be removed and which
trees are to be preserved.
Overall drainage areas, sub-drainage areas, existing
and proposed drainage facilities, discharges, times of
concentration, and drainage area acreage for proposed
structures.
All other drainage computations and charts such as
inlet charts and hydraulic grade lines pertinent to the
drainage system design. Unless directed otherwise in
writing by City, the design of these systems shall be
in accordance with the latest revision of the City of
Coppell Subdivisions Rules and Regulations.
5. Storm sewer and proposed water main profiles.
Cross-sections of existing ground surface line and
proposed ground surface line.
7. A preliminary cost estimate of Project.
8. Streetlight design (if included in Project).
A "Time of Relocation" schedule containing the
estimated time for each utility company with facilities
impacted by Project to relocate their facilities.
Final Design Construction Plans
Upon acceptance of preliminary plans by City, Engineer shall
prepare final plans at a horizontal scale of 1" = 20' and a
vertical scales of 1" = 5' on 22" x 34" sheets (each sheet
shall be sealed, dated, and signed by a Registered
Professional Engineer in the State of Texas), specifications
and special provisions and abutting property attachment.
Final plans shall include the following:
Standard City title page with location map and revision
block in the lower right corner showing date of
revision, description of revision and initials of the
reviser.
Drainage area map showing drainage facilities with size
of proposed structures and pipes.
Drainage computation sheet showing calculations for
area discharges, times of concentration, acreage of
drainage areas, and inlet calculations.
4. Plan and profile sheets of street improvements.
5. Storm sewer improvement plan and profile sheets·
6. Detail and standard sheets.
7. Engineer's estimate, special provisions
specifications·
and
8. Final right-of-way plans as stated in Section II.F.
9. Abutting property attachment including property
address, owner and owner's address, property
description, and the front footage on Project.
10. A final cost estimate based upon the items and
quantities listed in the proposal in the contract
documents. This estimate shall be based on current
unit prices bid on similar projects.
11. A utility "Time for Relocation" report stating the
status of utility relocations and time required for
each utility company to clear its facilities for
Project.
12. Street addresses of all existing houses and
developments adjacent to Project.
13.
All other requirements as noted under "Preliminary
Design Construction Plans."
General Requirements
Each time Engineer submits plans and specifications to
City, two (2) copies of each shall be submitted. These
shall be reviewed and checked by City and returned to
Engineer for corrections. When the corrected copies of
the plans and specifications are returned to City, the
original and reviewed plans and specifications shall
also be returned to City. All plans, specifications,
documents, provisions, attachments, and correspondence
provided in accordance with this contract shall be
dated.
Each set of plans shall be stamped "Review," and each
sheet of the plans shall be signed and dated with
registration number noted by Engineer until approval of
the final design construction plans by City, whereupon
the word "Review" shall be omitted and the plans shall
be stamped "Final" on the cover sheet.
Engineer shall coordinate with the utility companies,
including, but not limited to franchised utilities,
City Utility Department, pipeline companies, railroad
companies, or any other entity which has facilities
within Project, any and all exposure, removal, and/or
relocation work necessary for implementation of
Project. This shall also include aiding City in
obtaining any permits required by any of these
entities. Engineer shall supply conceptual,
preliminary, and final design construction plans for
Project to all utility companies that have facilities
within the limits of Project.
Engineer shall determine from existing records and
field inspection, the type of existing pavement on
Project, including all intersecting streets, driveways,
and alleys, accurately showing this information on the
plans.
Engineer shall establish the scope of and arrange for
the soil and foundation investigations using City
approved geotechnical firm. City shall approve in
advance, and be responsible for costs of any authorized
soil investigations.
Upon completion of the final design construction plans,
special provisions and specifications, and contract
documents, Engineer shall submit a letter of
notification to City stating completion of design of
Project.
Right-of-Way Determination
In conformance with City standards, Engineer shall survey,
render field notes, and prepare detail plans (right-of-way
strip maps) and individual parcel exhibits for any
additional right-of-way and/or easements needed. Engineer
shall also set control points approximately every 600 feet
on both sides of the road. Before setting the control
points, Engineer shall obtain sketches and specifications
from City for the placing of control points.
Detail plans shall be contained on standard size plan
paper (22~ x 34") at a scale not smaller than 1" = 30',
shall be sealed, dated, and signed by a Registered
Professional Land Surveyor and shall contain the
following:
6
g.
h.
j.
Standard City title page including location map.
Summary sheet listing all parcels to be acquired,
property owner, legal description of property,
gross area of property, square footage and type of
easements, net area of property after acquisition,
and a column for volume and page of filing.
Corners of all parcels tied to the centerline.
Location of all existing property pins, including
station and offset to centerline.
Location of all new property pins, including
station and offset to centerline.
Parcel number.
Area required.
Area remaining.
Current owner.
Any existing platted easements or easements filed
by separate instrument including easements
provided by utility companies. The utility
company easements should be requested by Engineer
at the time conceptual plans, preliminary plans
and final plans are sent to the utility companies.
individual parcel exhibits shall be on 8~"xll" or
8~"x14" paper, shall be sealed, dated, and signed by a
Registered Professional Land Surveyor and shall contain
the following:
Parcel number.
Area required.
Area remaining·
Legal description.
Current owner·
Any existing platted easements or easements filed
by separate instrument including easements
provided by utility companies.
All physical features.
Meets and bounds description of parcel to be
acquired. The description shall be provided on a
separate sheet from the exhibit.
The above items are necessary for the acquisition of right-
of-way required to construct Project. Said information
shall be required prior to acceptance of final construction
plans.
Upon written notification by City of acceptance of the
right-of-way plans, exhibits and instruments, and as
directed by City, Engineer's surveyor shall set all corners
and points of curvature for the proposed right-of-way and
submit final sealed plans and exhibits.
Engineer shall doordinate this Project with the U.S. Army
Corps of Engineers and shall obtain the necessary Section
404 Permit required for construction of the Project.
H. Hydraulic Studies/FEMA Coordination
Engineer shall not conduct hydraulic backwater studies and
coordinate this Project with FEMA to obtain a Conditional
Letter of Map Revision related to the proposed bridge
improvement.
I. Additional Requirements
Engineer shall furnish, upon request by City, one (1) set of
film reproducibles of the "Final" approved and dated plans.
One (1) set of originals containing the engineer's estimate
and any special provisions and specifications, suitable for
reproduction shall be provided upon request. If computer
aided drafting equipment is used to prepare plans, Engineer
shall submit a computer file of the drawings in DXF format.
The following may also be required of the Engineer:
1. Assist City with answering questions of Contractors
arising during the advertisement of Project for bids.
2. Assist City, if requested by City, in the opening,
tabulation, and review of bids.
III.
~ompensa,tion to Engineer
A. City agrees to pay Engineer for all services outlined in
Section II a total design fee in the amount of $240,000.
(For City's accounting purposes, this fee is comprised of
$220,000 for paving, bridge, and storm drainage dsign
services and $20,000 for the water main design services.)
B. Payment for services rendered by Engineer shall be made as
follows:
1. Upon satisfactory completion on the conceptual design
plans as set forth herein, and upon written request,
City shall pay to Engineer an amount equal to forty
percent (40%) of the design fee as set forth herein.
Upon completion of the preliminary design construction
plans as set forth herein, and upon written request,
City shall pay to Engineer an amount equal to forty
percent (40%) of his design fee as set forth herein.
Once the City has accepted the final design
construction plans as set forth herein, and upon
written request, City shall pay to Engineer an amount
equal to fifteen percent (15%) of the design fee.
An amount equal to five percent (5%) shall be retained
until such time as City requests and receives one (1)
set of reproducibles of the final design construction
plans and other documents described herein. This
request shall be made within 120 days of the acceptance
of final plans, special provisions and specifications,
contract documents, and the utility "Time of
Relocation" assessment.
IV.
Time for Completion
Engineer agrees to complete and submit all work required by
City as follows:
Conceptual design plans in 75 calendar days from date of
Engineer's receipt of written notice to proceed.
Preliminary design construction plans in 90 calendar days
from City's acceptance of the conceptual design plans and
receipt of written notice to proceed with preliminary plans.
Final design construction plans and specifications in 45
calendar days from City's acceptance of preliminary plans
and written notice to proceed with final plans. Subsequent
submittals of final plans shall be returned to City within
six (6) weeks of the date of the previous review letter.
No extensions of time shall be granted unless a written
request is submitted by Engineer, and such request is approved in
writing by City.
the
Revisions of Plans and Specifications
City reserves the right to direct substantial revision of
plans, special provisions, and specifications after
acceptance by City as City may deem necessary, but in such event
City shall pay Engineer equitable compensation for services
rendered in making such revisions. In any event, when Engineer
is directed to make substantial revisions under this Section of
the contract, Engineer shall provide to City a written proposal
for the entire costs involved in providing City a completed set
of plans, specifications and special provisions and the
completion time involved in the revisions. Prior to Engineer
undertaking any substantial revisions as directed by City, City
must authorize in writing the nature and scope of the revisions
and accept the method and amount of compensation and the time
involved in all phases of the work.
If revisions of the final plans, special provisions, and
specifications, or drawings are required by reason of Engineer's
error or omission, then such revisions shall be made by Engineer
without additional compensation to the fees herein specified, and
in a time frame as directed by City.
It is expressly understood and agreed by Engineer that any
compensation not specified in III., "Compensation to Engineer",
may require City Council approval and is subject to funding
limitations.
VI.
Engineer's Coordination with Owner
Engineer shall be available for conferences with City so
that Project can be designed with the full benefit of City's
experience and knowledge of existing needs and facilities and be
consistent with current policies and construction standards. One
half of coordination and review meetings between City staff and
Engineer during this project shall be held in the Engineer's
office. City shall make available to Engineer all existing
plans, maps, field notes, and other data in its possession
relative to the Project. Engineer may show justification to City
for changes in design from City standards due to the judgment of
said Engineer of a cost savings to City and/or due to the
surrounding topographic conditions. City shall make the final
decision as to any changes after appropriate request by Engineer.
Engineer shall accompany City representatives on Project
observation visits during construction of Project at least once
every month. City may require more frequent construction
observation visits as construction problems arise as a result of
Project design, and Engineer shall be compensated on an hourly
reimbursable basis for more frequent visits.
10
VII.
Contract Termination Provision
This contract may be terminated at any time by City for any
cause without penalty or liability except as may otherwise be
specified herein. Upon receipt of written notice by City,
Engineer shall immediately discontinue all services and Engineer
shall immediately terminate placing orders or entering into
contracts for supplies, assistance, facilities or materials in
connection with this contract and shall proceed to cancel
promptly all existing contracts insofar as they are related to
this contract. As soon as practicable after receipt of notice of
termination, Engineer shall submit a statement, showing in detail
the services performed but not paid for under this contract to
the date of termination. City shall then pay Engineer promptly
the accrued and unpaid services to the date of termination.
This contract may be terminated by Engineer with mutual
consent of City at any time for any cause without penalty or
liability except as may otherwise be specified herein. Engineer
shall submit written notice to terminate contract and shall
submit to City all plans and documents relative to the design of
Project. City shall then ascertain cost to complete the balance
of the work under this contract. If the cost to complete the
balance of the work is greater than the unpaid contract amount,
City shall retain all unpaid balances and, in addition, Engineer
shall pay directly to City the difference in the unpaid balance
and the cost to complete the work. In no case shall City pay
Engineer any additional monies other than those previously paid
under the contract.
VIII.
Ownership of Documents
All drawings and specifications prepared or assembled by
Engineer under this contract shall become the sole property of
City and shall be delivered to City. Engineer shall retain in
his files all original drawings, specifications and all other
pertinent information for the work. Engineer shall have no
liability for changes made to the drawings, specifications, and
other documents by other engineers subsequent to the completion
of the contract. City shall require that any such change be
sealed, dated, and signed by the engineer making that change and
shall be appropriately marked to reflect what was changed or
modified.
IX.
Insurance
Engineer shall at Engineer's own expense, purchase, maintain
and keep in force during the term of this contract such insurance
as set forth below. Engineer shall not commence work under this
Contract until Engineer has obtained all the insurance required
under this contract and such insurance has been approved by City.
All insurance policies provided under this Contract shall be
written on an "occurrence" basis, except for professional
liability. The insurance requirements shall remain in effect
throughout the term of this Contract.
A®
Workers' Compensation as required by law, Employers
Liability Insurance of not less than $100,000.00 for each
accident, $100,000.00 disease-each employee, $500,000.00
disease-policy limit.
Commercial General Liability Insurance, including
Independent Contractor's Liability, Completed Operations and
Contractual Liability, covering but not limited to the
indemnification provisions of this Contract, fully insuring
Engineer's liability for injury to or death of employees of
City and third parties, extended to include personal injury
liability coverage, and for damage to property of third
parties, with a combined bodily injury and property damage
minimum limit of $500,000 per occurrence.
Comprehensive Automobile and Truck Liability Insurance,
covering owned, hired and non-owned vehicles, with a
combined bodily injury and property damage limit of
$500,000.00 per occurrence.
Professional Liability Insurance: Standard comprehensive
professional liability coverage in an amount of at least
$500,000.00 aggregate per year, covering the services
provided under this contract, including contractual
liability. This insurance shall be maintained throughout
the contract and for one (1) year after substantial
completion of the construction of the project.
Any of the insurance policies required under this section
may be written in combination with any of the others, where
legally permitted, but none of the specified limits may be
lowered thereby.
]2
Right to Inspect Records
Engineer agrees that City shall have access to and the right
to examine any directly pertinent books, documents, papers and
records of Engineer involving transactions relating to this
contract. Engineer agrees that City shall have access during
normal working hours to all necessary Engineer facilities and
shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section.
City shall give Engineer reasonable advance notice of intended
audits.
Engineer further agrees to include in subcontract(s), if
any, a provision that any subcontractor or consultant agrees
that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such
consultant or subcontractor involving transactions to the
subcontract, and further, that City shall have access during
normal working hours to all consultant or subcontractor
facilities, and shall be provided adequate and appropriate work
space, in order to conduct audits in compliance with the
provisions of this paragraph. City shall give the consultant or
subcontractor reasonable advance notice of intended audits.
XI.
No Third Party Beneficiary
For purposes of this contract, including its intended
operation and effect, the parties (City and Engineer)
specifically agree and contract that: (1) the contract only
affects matters/disputes between the parties to this contract,
and is in no way intended by the parties to benefit or otherwise
affect any third person or entity, notwithstanding the fact that
such third person or entities may be in a contractual
relationship with City or Engineer or both; and (2) the terms of
this contract are not intended to release, either by contract or
operation of law, any third person or entity from obligations
owing by them to either City or Engineer.
XII.
Severability
If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions of this
contract are for any reason held to be invalid, void or
unenforceable, the remainder of the terms, sections, subsections,
sentences, clauses, phrases, provisions, covenants, or conditions
of this contract shall remain in full force and effect and shall
in no way be affected, impaired or invalidated.
XIII.
Independent Contractor
Engineer covenants and agrees that he or she is an
independent contractor, and not an officer, agent, servant or
employee of City; that Engineer shall have exclusive control of
and exclusive right to control the details of the work performed
hereunder, and all persons performing same, and shall be liable
for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of
respondeat superior shall not apply as between the City and
engineer, its officers, agents, employees, contractors,
subcontractors and consultants, and nothing herein shall be
construed as creating a partnership or joint enterprise between
City and Engineer.
XIV.
Conflict of Interest
Engineer agrees during the duration of this contract that
Engineer shall not:
Accept other employment or engage in outside activity
within the city limits of Coppell incompatible with the
proper discharge of his duties and responsibilities of
the city or which might impair his independent
judgement and the performance of his duty to the city;
nor
Personally provide services for compensation, directly
or indirectly, to a person or organization who is
requesting approval, investigation or determination
from the city.
Undertake any platting, design or any other services to
the private sector that would require approval,
investigation, or determination by the City of Coppell.
Venue
The parties to this contract agree and covenant that this
contract shall be enforceable in Coppell, Texas; and that if
legal action is necessary to enforce this contract, exclusive
venue shall lie in Dallas County, Texas.
]4
XVI.
Entire Agreement
This contract embodies the complete agreement of the parties
hereto, superseding all oral or written previous and contemporary
agreements between the parties relating to matters herein; and
except as otherwise provided herein, cannot be modified without
written agreement of the parties.
XVII.
Applicable Law
This Contract is entered into subject to the Charter and
ordinances of City, as they may be amended from time to time, and
is subject to and is to be construed, governed, and enforced
under all applicable State of Texas and federal laws. Situs of
this contract is agreed to be Dallas County, Texas, for all
purposes, including performance and execution.
XVIII.
Headings
The headings of this contract are for the convenience of
reference only and shall not affect in any manner any of the
terms and conditions hereof.
XIX.
Non-Waiver
It is further agreed that one (1) or more instances of
forbearance by City in the exercise of its rights herein shall in
no way constitute a waiver thereof.
Reme d i e s
No right or remedy granted herein or reserved to the parties
is exclusive of any other right or remedy herein by law or equity
provided or permitted; but, each shall be cumulative of every
other right or remedy given hereunder. No covenant or condition
of this contract may be waived without consent of the parties.
Forbearance of indulgence by either party shall not constitute a
waiver of any covenant or condition to be performed pursuant to
this contract.
]5
XXI.
Equal Employment Opportuni~
Engineer shall not discriminate against any employee or
applicant for employment because of race, age, color, religion,
sex, ancestry, national origin, place of birth, disability, or
handicap status. Engineer shall take action to ensure that
applicants are employed and treated without regard to their race,
age, color, religion, sex, ancestry, national origin, place of
birth, disability, or handicap status. This action shall
include, but not be limited to: employment, ungrading, demotion
or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection of training, including apprenticeship.
XXII.
Construction of Contract
Both parties have participated fully in the review and
revision of this contract. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this contract.
XXIII.
Notices
All notices, communications, and reports required or
permitted under this contract shall be personally delivered or
mailed to the respective parties by depositing same in the United
States mail, postage prepaid, at the addresses 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 as of five (5) days after mailing
regular mail.
If intended for City, to:
Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
If intended for Engineer, to:
John P. Wier, P.E.R.P.L.S., President
Wier & Associates, Inc.
4300 Beltway Place, Suite 130
Arlington, Texas 76018-1097
16
IN WITNESS WHEREOF, the parties enter into this contract on
the date first written above.
W TNESS:
ATTEST:
ENGINEER:
7'6o// /~! 0~I'o~J
Printed or Typed Name
Printed or Typed Title
17
THE STATE OF TEXAS
COUNTY OF TARRANT
Engineer Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public i~ and for the
State of Texas, on this day personally appeared J'~h~ .0JieI~ ,
known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed same for and
as the act of C~Jxta~o~ a corporation of
and for the purposes and consideration therein expressed and in the
capacity therein stated.
DER MY HAND AND SEAL OF OFFICE on this the
, 19q~ .
~ ~i n and for
~ Notary '
' ~ ~'~ ~ State of Texas
' Y Commission Expire~~
Notary' s Printed Name
/5~J9 day of
the
THE STATE OF TEXAS
COUNTY OF DALLAS
Municipal Acknowledgment
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared ~O/~ ~ f'~O~J ,
known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed same for and
as the act of C I r~ C,~ ~OP~ ~L ~ , a corporation of
r)~k~ County, Texas, and as /V/q~ thereof,
and for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL
(SEAL)
My Commission Expires:
N~y~Pu4iic i nd for the
State of Texas
Notary' s Printed Name
day of