ST9301-CN030916 JACOBS
Jacobs Civil Inc.
6688 North Central Expressway, Suite 400
Dallas, Texas 75206 U.S.A.
1 214696.3433 Fax 1 214696 3499
September 16, 2003
Sent Via FedEx
Mr. Ken Griffin, P.E.
City Engineer
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Re: Sandy Lake Road ~'~ c[3 -o (
Kimbel Kourt to East City Limit
Dear Ken:
Attached please find the proposed contract for the referenced project. Two versions are
attached, one with changes tracked and one with the final changes implemented.
Please call if you need additional information or you have any questions.
Very Truly Yours,
Jacobs Civil Inc.
William G. Pembroke, P.E.
Senior Project Manager
A Subsidiary of Jacobs Engineering Group Inc.
CITY OF COPPELL
DRAFT
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 of ,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".; ,. Jacobs Civil h~c.., hereinafter referred to as
"Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
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 & I/: 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 mom 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 ora listing of the major
Project tasks, the estimated consultant hours required to perform the tasks, the percentage of
the Contract budget estimated to be allocated to each task and a bar chart schedule showing
task beginmng 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. The
Page 2
Compensation.
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 Fec shall not exceed the lump sum of Ninety
three thousand six hundred and thirty six dollars ($ 93,636) of
do!lam ($ ) 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 v ............. ~ .......
Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I mhd/or ~asi,~ £ep.'ices Pa.~ II 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
cimumstances shall Engineer be entitled to receive interest on amounts due except
as ina,/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
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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.
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 bythe 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.
Project 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.
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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 under this
Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer.
In addition, the Engineer shall not proceed with any Services after the completion and
delivery to the City of the 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.
10.
11.
Partnering. The City shall encourage participation in a parmering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or
agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue
for the duration of this Contract. By engaging in 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 otherwise exists between the City and the Engineer. The
parmering 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. An:,' inerease:]
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.
Liability. Approval of the Plans, Specifications, and Estimate (PS&E) bythe City shall not
constitute nor be deemed a release of the responsibility and liability of Engineer, its
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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 r~-~fltitag,-fron~to the extent caused by such defects, errors or omissions and shall
secure, pay for and maintain in fome 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 otherwise
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 rule
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 fights, contractual or otherwise to any person or entity. The parties 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. ~--; ........ ~,,,-,; ....~ .......m,,, ,;~: ~,c m,
.......... Engineer s se~ices shall be perlbm~ed as expeditiously ~ is consistent with
professional s~ll ~d care ~d the orderly pro~ess of the Project. The Engineer shall be
fully responsible for its delays or for bilges to use ~ligent effo~ in accord~ce with ~e
te~s of this Con~act. Where dmage is caused to the Ci~ due to the Engineer's bilge to
perfo~ in ~ese circmst~ces, the Ci~ may wit~old, to ~e extent of such dmage,
Engineer's pa~ents here~der wi~out waiver of ~y of Ci~'s additional legal fi~ts or
rmedies. ~e Engineer shall not be responsible for delays ~sociated with review periods
by the Ci~ in excess of the a~eed Project Schedule. If Engineer's semices for the Project
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are delayed for reasons bew*nd its control, the compensation provided for elsewhere in this
A~eement 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 fi.om 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 pementage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15.
Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
16.
Quality Control. The Engineer agrees to maintain written quality control procedures. The
Engineer further agrees to follow those procedures to the extent that, in the Engineer's
judgment, the procedures are appropriate under the circumstances.
17.
Ownership. Upon payment of all amounts required by this Agreement, allAll 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
ioint 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.
Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes. Any audit shall be limited to cost reimburseable services.
Page 7
19.
20.
21.
22.
23.
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.
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 girls of any kind.
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.
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
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.
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
unenforeeability 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.
25.
26.
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.
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.
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
Engineer:
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL
BY:
ENGINEER:
BY:
Mayor Name & Title
Date: Date:
ATTEST: ATTEST:
(CORPORATE SEAL)
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ATTACHMENT "A" BASIC SERVICES
SCHEMAT!C nr c,,~xr
Page 10
Page l]
with the aha and
.................... ¢ .... ~ .... d by
Under separate contract to Dallas County, Jacobs Civil Inc. completed drawings tbr the
construction of Sandy Lake Road from Kimbel Kourt to the Coppell East City Limits. These
plans were accepted and approved by Dallas County
The Engineer a,m'ees to render services necessary for the design of the Project as outlined herein.
The Basic Services to be perforated by Engineer under this Contract include the following:
PART I - FINAL PLANS & ESTIMATE
Page l2
1. The Engineer will revise the final plm~s and prepare revised project bid quantities and
provide an updated Opinion of Probablre Construction Cost. This shall include summaries of
bid items and quantities. Plm~s 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, alon?
the South side of the project. Sidewalk will be constructed to City standards.
B. The Engineer will revise the .m'ading (cross sections) at the ri.eht turn lane onto
Riverchase to accommodate the proposed sidewalk.
Drainage at Riverchase
A. The drainage area map oa~d 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 ~vill provide new field survey to locate the two new pipes that will be tied
into the Sandy Lake Rd storm sew'er system.
E. A "w~ie" inlet will be required at the connection if required to accommodate overland
flow.
Pot Holes tbr 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.
Sprinkler ConduiffPipes
A. The City will provide to the Engineer a marked up set or other intbrmation 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
symbologv 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 ~vell as coordination phone calls with TXU. The Engineer will not be
responsible for the lighting design, just the ~nedian conduits and general location of the
TXU lighting foundations.
Page 13
ItC 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 pedestrim~ 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 w-ill 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 Scarborougb on behalf of ONCOR, the Engineer will lower
part of the profile of Sandy Lake Rd. to acconunodate the necessary clearance trader the
transmission Tines (located approximately Sta 45+00 to Sta 50+00, iust xvest 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 pre/Ur to have a clem'ance 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
Eogineer will not perform any tasks to request a revision to the floodplain maps.
C. The drainage area map and hych'aulic computations will not be revised.
D. The Engineer will relocate the drainage structures to the nexv 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 lbr the
pay items. The Engineer' engineers will not sign & seal the specification document.
B. The Engineer will verify that the Dallas County intbrmation (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 Eogineer 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 verily widths m~d locations of curbs, etc. The Engineer will revise all the
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