ST9301-AG030923AGENDA REQUEST FORM
COPPELL
DEPT: Engineering/Public Works
DATE: September 23, 2003
iTm ,O/F
ITEM CAPIION:
Consider approval of entering into a contract with Jacobs Civil, Inc. for the partial redesign of East Sandy Lake
Road front Kimbel Court to the east city limits in an amount not to exceed $93,636 as provided for in C1P funds;
and authorizing the City Manager to sign.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
COAL(S>: Ill l
Motion to Approve
M - Suhy
S - Faught
Vote - 7-0
EXECUTIVE SUMMARY:
Approval of this contract will allow for the inclusion of sidewalks along thc south side of Sandy Lake, conduit and
foundations for street lights, conduit for an irrigation system, and the lowering of the roadway to avoid the TXU
transmission lines.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the Street CIP, 2002 General Obligation Bonds.
DIR. REVIEW: ~ FIN. REVIEW:
Agenda Request Form - Revised 09,/(12
CM REVIEW:
Document Name: #ESandyLk-lAR
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
September 23, 2003
Consider approval of entering into a contract with Jacobs Civil, Inc. for the
partial redesign of East Sandy Lake Road from Kimbel Court to the east city
limits in an amount not to exceed $93,636 as provided for in CIP funds; and
authorizing the City Manager to sign.
In 1991 the voters of Dallas County approved a bond proposal that included the design and
reconstruction of two streets within the City of Coppell. One of those was Belt Line Road
(between Denton Tap and MacArthur Blvd.) and the other was East Sandy Lake Road. The
bond language was structured in such a way that Sandy Lake Rd. and Belt Line Rd. were
coupled together for a certain amount of dollars, with the understanding that any shortfall
would fall upon the City to fund.
The designs for both projects were awarded to consultants in 1993 by Dallas County. The
City had originally instructed Dallas County to expedite Sandy Lake Road and fund
construction of that section. However, it became apparent early on that Sandy Lake Road had
complications and that Belt Line Rd. would probably be designed quicker. Therefore, the City
instructed Dallas County to complete the design of Belt Line Road and fund its construction,
with any surplus funds being allocated to the construction of Sandy Lake Road. Neither
project progressed as rapidly as hoped and by the time Belt Line Road was ready to bid for
construction, construction costs were such that there were no available funds to fund any of
the construction of East Sandy Lake Road.
Dallas County recently completed the design of East Sandy Lake Road. However, there were
several issues associated with the design of East Sandy Lake Road that were never resolved
between the County, the design consultant, Sverdrup, and the City of Coppell. One issue was
that the county does not typically design or fund amenities with the construction of the
roadway. The other issue was that, based on the length of time to complete the design, several
developments (St. Joseph's, Riverview Estates and Trinity Shores) took place along this
section of Sandy Lake Road that were forcing modifications to the design of the project.
Earlier this year, Dallas County informed the City that the plans were complete and presented
the plans to the City as a project that could be constructed. There were several problems with
the design now that it was going to be a project both funded and supervised by the City of
Coppell.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
During this timeframe, TXU Transmission responded to the City concerning the clearances
beneath their transmission line west of Riverchase Drive that crosses Sandy Lake Road. When
the transmission line was designed in 1950, it was interesting to note that as the towers were
being installed through the low area adjacent to Starleaf Dr. and Riverridge Addition, that the
tower sizes were 80.5' approaching Sandy Lake Road. However the last tower placed on the
south side of Sandy Lake Road was only 75.5' tall. Then, as you proceeded north of Sandy
Lake Rd. taller towers were again used. Because of that short tower immediately south of
Sandy Lake Rd., the clearance from the driving surface to the transmission wire is inadequate
according to TXU Electric. The current design of Sandy Lake shows raising the roadway in
this area because of floodplain considerations. However, since the start of the design project
in 1993, new FEMA maps were adopted in 1994 and again in 2001. The 2001 Floodplain
maps are based on a more detailed study associated with the Trinity River Corridor
Development Study and show that the floodplain in the vicinity is approximately 2 feet lower
than had previously been shown on other floodplain maps. Therefore, there is some flexibility
in the height of our roadway.
We received information from TXU's consultant, Scarborough Engineers, Inc., that it would
cost $67,657 to raise the transmission line. The expenditure of that $67,000 would only
accomplish appropriate clearance between the driving surface and TXU's transmission wires.
It would not address any of the other issues associated with the plans. The other issues are:
sidewalk construction along at least one side of the roadway; changes to the plans to interface
with St. Joseph's, Riverview Estates and Trinity Shores; hydro mulching along the project;
street light foundations and conduit; and necessary conduit for a future irrigation system.
Because there needed to be changes to the plans, in addition to addressing the TXU
transmission line issue, I contacted the consultant who had performed the work for Dallas
County, Jacobs Civil, Inc. (Sverdrup was the original design engineer but they were recently
purchased by Jacobs Civil, Inc.) and inquired about the cost to lower the roadway beneath the
TXU transmission lines and to redesign the plans to accommodate the aforementioned items.
In our initial conversations, a "shoot from the hip" number was given of approximately
$30,000. Because this was less than I/2 of what TXU wanted just to raise the transmission
lines, representatives of Jacobs Civil, Inc. were instructed to provide a detailed scope of
services to accomplish the items listed above. When the detailed scope of services was
provided, the actual cost had escalated from approximately $30,000 to $220,500, a slight
increase We then met with Jacobs Civil, Inc. to redefine the scope of services. It was noted
that there was some ~ of effort m the scope of serwces and also there were tremendous
costs allocated to some items which could be eliminated. We recently received a revised scope
of services and costing from Jacobs Civil, Inc. to provide for inclusions of the aforementioned
amenities and changes to the plans in addition to lowering the roadway to meet the minimum
clearance requirements mandated by TXU Transmission. The revised cost to accomplish these
items is $93,636. This includes adding sidewalks, taking care of some drainage issues near
Riverchase Drive, providing sprinkler conduit, providing handicap ramps (ramps were not part
of the original design because no sidewalks were included), the provision to provide record
drawings at the completion of construction, provision to reduce the paving width from 28' to
27' (27' is the width of the section of Sandy Lake Rd. recently completed) and finally the
lowering of the roadway in the proximity of the TXU transmission lines. There were also
"CITY OF £OPPEI.E ENGINEERING - EXCELLENCE BY DESIGN"
some additional costs to provide surveying to set some control points along the length of the
project.
With the approval of this redesign contract, we will not need to enter into an agreement with
TXU Electric to raise their transmission line across Sandy Lake Road. We will accommodate
the clearance by the slight lowering of Sandy Lake Rd.
One item that we will be performing in-house on this project to help defray the design cost is
the preparation of the specifications for this project. They will be prepared and signed and
sealed by myself. I have been disappointed recently in some of the efforts of consulting
engineers to prepare a set of specifications that are at times vague on critical items. The
preparation of the specifications by me, with input from my staff, allows us the opportunity to
very succinctly address all bids items so that there is little confusion during the construction
and payment for the project.
The design time for Jacobs Civil, Inc. to complete the revisions to the plans is approximately
two months. Given any delays in the review of their revisions and the preparation of the
specifications by myself, it is still anticipated that the bid for construction of East Sandy Lake
Road from Kimbel Court to the east city limits will be accomplished during the first quarter of
2004.
Staff recommends approval of emering into a contract with Jacobs Civil, Inc. for the partial
redesign of East Sandy Lake Road from Kimbel Court to the east city limits in an amount not
to exceed $93,636.00.
Staff will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
SEI
Consulting Engineers
Scarborough Engineering, Inc.
3129 Handley Dr. Fort Worth, TX 76112
817-451-6687
817-451-0476 Fax
January 9, 2003
Mr. Ken GrilTm, P.E.
Director of Engineering/Public Works
P.O. Box 478
Coppell, TX 75019
Subject:
Sandy Lake Road Improvements
138kV Electric Transmission Line Conflict
Oncor Line: Liggett-Collin, Dwg TD30507, Sh 13
Dear Mr. Griffin,
We have completed our research and review oftbe elec~c line crossing in the vicinity of
Sandy Lake Road, Sta. 48 + 49. The west bottom phase conductor calculates to be 21.5
feet above the proposed north curb. The line should be raised 1.5 feet, or the street
lowered 1.5 feet. The minimum required clearance is 22 feet. I recommend a target
design clearance of 23 feet to allow for construction tolerances and the dynamics of the
conductor.
Our reduced survey data and calculation spreadsheet is attached.
Yours truly,
Jon D. Scarborough, P.E.
Enclosures
cw: Bryan Williams, P.E.
Don Snow
JDS/Id
1/14/2003
ONCOR TRANSMISSION
LIGGETT-COLLIN 138kV
SANDY LAKE ROAD
STRUCTURE 1216
WA 02T6t034
ESTIMATE
Subtotals
Steel Tower Section w/Stubs
Remainder of Material
Sales Tax
Purchasing & Stores
$2,829
$1,500
$357
$205
Total Material Costa
Engineering
TU Labor
Non-Productive Time Clearing
Payroll Overhead
Transportation
Contract Labor
Tower Concrete
Pole Concrete
Rebar Installation
Tower Erection
Damages
Environmental Study
Surveying
Clearing
Mobilization
Inspection Services
Concrete Testing
Labor Sales Tax
Labor Contingency
$6,000
$615
$o
$o
$o
$45,000
$0
$0
$0
$0
$2,000
$o
$2,000
$0
$0
$1,000
$0
$0
$0
Total Labor Costs
Construction Overhead
Removal Cost
Salvage
Totals
$4,891
$56,615
$6,151
$o
$o
Total Chargable to WA $67,667
JACOBS
Jacobs Civil Inc.
6688 North Central Expressway, Suite 400
Datlas, Texas 75206 U S.A.
1.214.696.3433 Fax 1214.696.3499
Augu~ 11,2003
Mr. Ken Griffin, P.E.
City Engineer
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Re: Sandy Lake Road
Dear Ken:
Attached please find a revised scope and fee estimate for the referenced project. Based
on our meeting of August 3, 2003, Jacobs has reduced scope by eliminating several tasks
and consolidating efforts to minimize duplication. The bottom line is that our proposed fee
has decreased from $220,500 to $93,636. We are proposing an hourly fee with
reimbursement of costs.
In addition to consolidating our efforts, major scope reductions have been made in the
following work areas:
1. Jacobs will rely solely on markups provided by the City of Coppell and its
Contractors to prepare the record drawings and will place disclaimers on each plan
sheet reflect this limitation.
2. To revise the paving width from 28' to 27' Jacobs will add a note to the plans
identifying the change, revise the storm drain inlet detail to reflect an additional foot
of recession, and revise the typical cross-sections.
3. The revision to the five parcel documents has been eliminated from the scope.
Aisc attached is a draft contract for your consideration.
Please call if you have any questions or comments. I am available for your City Council
Meeting in late August. We can begin our work immediately upon their approval.
Very Truly Yours,
Jacobs Civil Inc.
William G. Pembroke, P.E.
Senior Project Manger
A Subsidiary of Jacobs Engineering Group Inc,
CITY OF COPPELL
CONSUL TING 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 ~ day o~, 2003, by and
between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", and Jacobs Civil 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 Sandy Lake Road from Kimbel Kourt to the Coppell
East City Limits, 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, incopporated herein by attachment and by
reference; and
WHEREAS, 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.
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 the 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,
Basic Services Parts I & 1I: The work tasks and activities to be performed and
deliverable to be provided by the Engineer shall be in accordance with Attachment
A, Scope of 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.
Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional 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.
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 pementage 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, Scope of Services: Conceptual Design Submittal, Preliminary
Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based
on Schedule of Services, the City shall compile Attachment D, Project Schedule which
shall become a part of this Contract upon approval of the Engineer and the City.
3. Compensation.
Page 2
Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I
under this Contract pursuant to the Fee Schedule described in Attachment A, Scope
of Services. Basic Services Part I Fee shall not exceed the lump sum of Ninety
three thousand six hundred and thirty six dollars ($ 93,636), provided, however,
that modifications to the Basic Services Part I, 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.
Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
Ninety three thousand six hundred and thirty six dollars ($ 93,636), The lump
sum Basic Services Part I Fee
Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I on or before the twenty fifth (25th) 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.
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 except
as may be provided by state statute. 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.
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.
Page 3
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.
Pro[ect Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall 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 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.
Proiect 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 trader 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 Conceptual 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.
Page 4
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 parmering relationship shall begin at the Pre-Design Meeting and continue
for the duration of this Contract. By engaging in partnering, the parties do not intend to
create a legal partnership, to create additional contractual relationships, or to in any way
alter the legal relationship which other, vise 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 partnering
shall be totally voluntary and all participants shall have equal status.
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
performed 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 except to the extent it is contrary to
the law. An irreconcilable or unresolved dispute shall be considered a violation or breach of
contract terms by the Engineer and shall be grounds for termination.
10.
Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal 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 to the extent caused by 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 to 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 other~vise
resolved at the sole responsibility and expense of the Engineer. The parties further agree
that this liability provision shall meet the requirements of the express negligence role
Page 5
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
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 and to
the extent caused by 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 pa~ies further agree that
this indemnification provision shall meet the requirements of the express negligence role
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13.
Delays and Failure to Perform. Engineer's services shall be performed as expeditiously
as is consistent with professional skill and care and the orderly progress of the Project. 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 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. If Engineer's services
for the Project are delayed for reasons beyond its control, the compensation provided for
elsewhere in this Agreement and the time for performance shall be equitably adjusted.
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 cease. 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.
Page 6
16.
Quali .ty 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 cimumstances.
17.
Ownership. Upon payment of all amounts required by this Agreement, all Engineer's
designs and work product under 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
joint property of the City to be used as City desires, without restriction; and Engineer
specifically waives and releases any sole 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 while they are in the possession of or while being worked
upon by the Engineer shall be replaced or restored by Engineer without cost to the City.
18.
Pro.iect 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. Any audit shall be limited to cost reimburseable services.
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, roles and regulations, and the orders and decrees of any courts, or
Page 7
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
255 Parkway
P.O. Box 9478
Coppell, Texas 75019
Engineer:
Jacobs Civil Inc.
6688 N. Central Expressway
Suite 400
MB 13
Dallas, Texas 75206-3924
1N 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
~amager
O3
ENGINEER: Jacobs Civil Inc.
BY:
larqG. Go /ii
Directtor of Texas Operations
Date: October 4, 2003
ATTEST:
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ATTEST:
(CORPORATE SEAL)
ATTACHMENT "A" BASIC SERVICES
Under separate contract to Dallas County, Jacobs Civil Inc. completed drawings for the
construction of Sandy Lake Road from Kimbet Kourt to the Coppell East City Limits. These
plans were accepted and approved by Dallas County
The Engineer agrees to render services necessary for the design of the Project as outlined herein.
The Basic Services to be performed by Engineer under this Contract include the following:
PART I - FINAL PLANS & ESTIMATE
1. The Engineer will revise the final plans and prepare revised project bid quantities and
provide an updated Opinion of Probablre Construction Cost. This shall include summaries of
bid items and quantities. Plans and supporting documentation (2 copies each) shall be
submitted to the City for final approval. The following revisions shall be incorporated into
the plan set:
Sidewalk
A. The Engineer will show the proposed sidewalk, located 5' from the back of curb, along
the South side of the project. Sidewalk will be constructed to City standards.
B. The Engineer will revise the grading (cross sections) at the right turn lane onto
Riverchase to accommodate the proposed sidewalk.
Drainage at Riverchase
A. The drainage area map and hydraulic computations will not be revised.
B. The cross sections will not be revised.
C. The Engineer will take the existing drainage pipe to the south as well as a newly
constructed pipe from the east and tie them into the Sandy Lake Rd system.
D. The Engineer will provide new field survey to locate the two new pipes that will be tied
into the Sandy Lake Rd storm sewer system.
E. A "wye" inlet will be required at the connection if required to accommodate overland
flow.
Pot Holes for Utilities
A. These issues will be handled as added specification items and bid items on the quantity
list, but not called out on the plan set. The Engineer will provide an estimated quantity
for each of these items and list it on the quantity summary sheet.
B. The City will provide a description in the specifications so that the work included in each
bid item is defined.
PagelO
Sprinkler Conduit/Pipes
A. The City will provide to the Engineer a marked up set or other information from the
City's Park Department as to the location, size, type, and taps necessary for the sprinkler
conduit (irrigation).
B. Based on the information provided by the Parks Department, the Engineer will add
symbology and notes on the plan & profile sheets, revise the quantity and call outs of
conduit lines shown on the typical roadway sections, and revise the plan sheets to indicate
the locations of the conduits. The location, type and design of the irrigation heads and
drip lines is not part of this scope.
C. The Engineer will indicate the location of the power supply for the irrigation,
interconnect-wiring, and streetlights. This includes a site visit to determine locations of
existing items as well as coordination phone calls with TXU. The Engineer will not be
responsible for the lighting design, just the median conduits and general location of the
TXU lighting foundations.
HC Ramps
A. The Engineer will include the City of Dallas Detail 9006, 251D in the plan set, which
does meet the newest ADA standards. The details to be shown include cross slopes,
running slopes, color barrier between ramp/crosswalk and pedestrian pads at the signal
lights.
B. The Engineer will modify the plan set HC ramps if they do not meet the newest ADA
standards/locations.
C. The Engineer will modify the crosswalks and median noses to meet the new ramp
locations if necessary.
D. The Engineer will submit the plans for the TAS review to a City approved independent
agency. City will provide the review and inspection fee.
Lower the Profile of Sandy Lake Rd_.
A. After coordinating with Jon Scarborough on behalf of ONCOR, the Engineer will lower
part of the profile of Sandy Lake Rd. to accommodate the necessary clearance under the
transmission lines (located approximately Sta 45+00 to Sta 50+00, just west of
Riverchase Dr). ONCOR has stated that they estimate the proposed clearance to be 21.5';
they requested a minimum clearance of 22'; they would prefer to have a clearance of 23 '.
Therefore, lowering of the profile 1.5' maximum is proposed.
B. If the lowering of the roadway interferes with the existing floodplain elevations, The
Engineer will not perform any tasks to request a revision to the floodplain maps.
C. The drainage area map and hydraulic computations will not be revised.
D. The Engineer will relocate the drainage structures to the new low points in the roadway.
Miscellaneous Revisions
A. The City will modify the specification document and tailor the pay item descriptions to
meet the City's requirements. The Engineer will only provide accurate quantities for the
pay items. The Engineer' engineers will not sign & seal the specification document.
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B. The Engineer will verify that the Dallas County information (COUNTY OFFICIALS) is
correct, as shown on the cover sheet of the plan set.
C. The Engineer will provide to the City 30 sets of full size plans (bond) for bidding
purposes. The Engineer will then provide to the City 9 sets of full size plans (bond) for
the construction phase.
D. The Engineer will not develop the complete NOI or SW3P. The selected contractor will
prepare the NOI and SW3P.
E. The City will provide to the Engineer a complete set of red lined drawings at the
conclusion of the construction. The Engineer will incorporate the red-lined revisions into
the documents as the final record drawing plan set and provide them to The City. The
Engineer' engineers will not sign & seal the record drawings.
F. The City wants the proposed roadway width to be revised from 28' to 27' wide. The
Engineer will survey the adjoining section immediately to the west of the start of this
section to verify widths and locations of curbs, etc. The Engineer will revise all the
plans which are affected by this change. These include the quantities, traffic control plans,
typical sections, paving plan & profile sheets, striping plan, storm drain plan & profile
sheets, hydraulic computations, storm drain laterals, traffic signal plans, culvert and
retaining wall plans and all cross sections to reflect the change in roadway width.
G. The Engineer will have a surveyor subcontractor set eight (8) new and permanent
horizontal and vertical control points. The Engineer will then revise the
horizontal/vertical control plan sheet. The points need to be set outside of the
construction limits and needs to be done prior to the utility relocations beginning.
H. The Engineer will coordinate with ONCOR to obtain the correct streetlight foundation
detail, which will be included in the plan set. Note 3 on the paving plan & profile sheets
will be revised to show that ONCOR's foundation detail will be used.
I. The Engineer will have the surveyor subcontractor update the parcel ownership call outs
as follows: parcel 8 - St Josephs, parcel 14 - King, parcel 19 - TXU, parcel 20 - Terra
Corp, JV, parcel 27 - Thompson, Kimbrel, Moore.
J. The Engineer will show a note that reads "Remove fire hydrant and Replace with new
hydrant behind proposed curb" at sta. 37+40 and sta. 42+40. The Engineer will show the
extended piping, valves, sleeves, associated with this work.
K. The Engineer will identify on the plan set and provide a quantity for the manhole
adjustments, water valve adjustments, etc.
L. The City will notify The Engineer as to the location, extent, type, etc. of hydromulch to
be included on this project. The Engineer will add hydromulch callout/limits on the
plans.
M. The Engineer will increase the radii for the driveways at the plant nursery on the west
end of the project to accommodate larger sized trucks.
N. The City will coordinate with the Parks Department as to the required brick pavers,
stamped concrete or crushed rock that is to be called out in the median noses. The
Engineer will revise the call outs as necessary on the paving plan sheets.
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O. The Engineer will re-verify, to the best of the information currently available, the
elevations at new storm drain & water line crossings, as well as other new underground
utility crossings.
P. The Engineer will add the following note at the "DWU manholes" located at
approximately sta. 44+00: "After staking of roadway and prior to construction, please
contact Erling Holey at 214-671-9524 with DWU. The location of the manholes with
respect to the proposed roadway needs to be verified".
Q. The Engineer will revise 'as' to 'at' on sheet 5A, phase I, item 11.
R. The Engineer will revise 'should' to 'shall' on sheet 5A, general notes, note 11.
S. The City will provide to The Engineer the plans for three new streets or entrances. They
are Starleaf St, St Joseph's entrance and Riverview Office Development entrance. The
Engineer will address the traffic control access of these streets/entrances in the phasing
plans as well as show their phasing on the traffic control plans sheets.
T. The Engineer will also add Starleaf St, St Joseph's entrance and Riverview Office
Development entrance to the paving plan & profile, the drainage plan & profile, striping
plan, etc.
U. The Engineer will revise and update utility contractors/contacts on sheet 12.
Specifically, The City of Irving will be added.
V. The Engineer will remove the TxDOT reference and add NCTCOG specifications to
sheet 12, note 8.
W. The Engineer will revise the callout on sheet 20 for the proposed 60" water line as
existing and belonging to the City of Irving.
X. The City will send The Engineer copies of the construction plans for the existing 12"
water line located on the south side of Sandy Lake Rd. The Engineer will incorporate
this line into the plan set.
Y. At sta. 65+00, The Engineer will callout a meter relocation if necessary and callout a
new tie-in for the water line to the "agriculture building" on the north side of Sandy Lake
to the existing 12" water line on the south side of the road.
Z. The Engineer will callout and show four new 8" water line stubouts with new fire
hydrants on the north side of the road, from the existing 12" water line on the south side.
There will be three taps to the Peter Park property - at Riverview, at Riverchase and at
the east end of the parcel. There will be one stub out to the Holmes property. The
Engineer will show the piping, valves, sleeves, associated with this work.
2. The Engineer will provide the City a set of plans at 90% complete for their review. The
City will provide comprehensive comments at that point. The Engineer will then
incorporate all the revisions requested by The City, finalize the design and submit the final
mylars for bidding and construction.
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3. After receipt of review comments from the City, the Engineer shall make all corrections
noted and then furnish twenty (20) copies final bid plans to the City for distribution to
Contractors for bidding the Project.
4. 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 joint property of the
City and Engineer. 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.
Record Drawings
1. Engineer will revise construction drawings as necessary to adequately reflect any
revisions in the construction from that which was represented on the plans. Engineer will
rely solely on markups provided by the City and its Contractors and will place disclaimers on
each plan sheet reflecting this reliance. In no terms shall Engineer be held responsible for
the adequacy of the revisions as constructed and inspected.
2. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings"
within 30 days after the completion of the project including updated digital files of the new
construction for use in the City's computerized mapping system.
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