WA9403-AG 940524~~i,~,,~ill~~ AGENDA REQUEST FORM
CITY COUNCIL MEETING:May 24, 1994 ITEM
ITEM CAPTION:
Consideration and approval of a contract with Rady and Associates for
a Water and Waste Water System Analysis, Capital Improvement Plan and
Impact Fee Determination in the amount of $74,300.00 and authorizing
the Mayor to sign.
SUBMITTED Kenneth M. Griffin, P.E.
TITLE: Assistant City Manager/C~'Engineer INITIALS
STAFF COMMENTS:
STAFF RECO~ENDATION Approval ~ Denial
EXPL~AT I ON:
Staff will be available to answer any questions concerning this
project. "
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS:
This project can be funded from:;a~ail~bleoperating f e
Fund.
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
5. Invocation
Councilmember Watson led those present in the Invocation.
6. Pledge of Allegiance
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearances
There were no citizens wishing to speak under this item.
CONSENT AGENDA
8. A. Approval of minutes: May 10, 1994
B. Consideration and approval of naming the month of June 1994 as
COPPELL SENIORS APPRECIATION MONTH, and authorizing the
Mayor to sign.
C. Consideration and approval of naming May 23-30, 1994 as BUCKLE
UP AMERICA WEEK, and authorizing the Mayor to sign.
D. Consideration of a recommendation from the Parks and Recreation
Board to have City Council officially recognize the Coppell Soccer
Association for its donation of a piece of top dressing equipment to the
Parks and Recreation Division.
E. Consideration of a variance from Section 10-5-2 (C) of the City of
Coppell Sign Ordinance regulating spacing setbacks for detached
(monument) signs, specifically related to the 75-foot minimum side yard
measurement. The applicant requests approval to locate the sign in the
middle of the lot with the maximum available sideyard setbacks allowed
by the lots' 105 feet width or a variance of 22.5 feet to each of the
sideyard setbacks. This variance is being requested by Sonic Drive-In
for their property located north of Sandy Lake Road on the west side
of Denton Tap Road, at the request of Mark Wainscott of Wainscott &
Assoc. on behalf of Mason, Harrison, Jarrad Enterprises
F. Consideration of a variance from Section 10-5-2 (C) of the City of
Coppell Sign Ordinance regulating spacing setbacks for detached
(monument) signs, specifically related to the 75-foot minimum side yard
measurement. The applicant requests approval to locate the sign in the
middle of the lot with the maximum available sideyard setbacks allowed
by the lots' 120 feet width or a variance of 15 feet to each of the
sideyard setbacks. This variance is being requested by Dr. Greg
Gemoules for his property located at 712 S. Denton Tap Road.
CM052494
Page 2 of 6
G. Consideration of a variance from Section 8-3-5 C (1) of the City of
Coppell Code of Ordinances regulating parking in rear yards of
residential lots, specifically related to the 32-foot maximum length
allowed on any residential lot within the City. The applicant is
requesting a variance to park a 33-foot recreational vehicle on the rear
portion of his lot which would require a variance to allow an additional
1 foot to the ordinances' maximum permissible vehicle length. This
variance is being requested by John Gainer for his property located at
764 Cardinal.
H. Consideration and approval of Bid Q-0494-02, Gateway Business Park,
Landscaping and Irrigation Improvements, to Clean Cut, Inc. Total
contract amount is as follows: Base Bid, $360,203.11; Alternative 1
(Items AL-3, AL-4, and AL-6, $41,008.00; Alternative 2, $12,300.00;
Alternative 4, $34,687.50; alternative 7, $1,045.00; Alternative 8,
$1,100.00; for a total amount of $450,343.61.
I. Consideration and approval of a contract with Rady and Associates for
a Water and Waste Water System Analysis, Capital Improvement Plan
and Impact Fee Determination in the amount of $74,300.00 and
authorizing the Mayor to sign.
Items G & H were pulled for further consideration.
Items A, B, C, D, E, F, and I --
Councilmember Mayo moved to approve Items 8 A, B, C, D, E, F, and I. Councilmember
Stahly seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and
Councilmembers Alexander, Stahly, Watson, Mayo, and Sheehan voting in favor of the motion.
Item G -~
John Gainer, Applicant, 764 Cardinal, made a presentation to the Council. After motion and
withdrawal of motion, the consensus of Council was to consider amending the ordinance from
32 to 33 feet and to present the amended ordinance to the City Council at the June 14, 1994
meeting.
Item H --
Councilmember Mayo moved to approve Item 8 H. Mayor Pro Tem Robertson seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander,
Stahly, Watson, Mayo, and Sheehan voting in favor of the motion.
9. PUBLIC HEARING: Consideration and approval of the annexation of 3.79
acres of land along the north side of East Beltline Road, in close proximity to
our existing eastern City Limit line.
Mayor Morton opened the Public Hearing and announced that no one had signed up to speak on
this item. Mayor Morton then closed the Public Hearing. Jim Wiu, City Manager, made a
presentation to the Council and informed Council that an ordinance would be presented at the
June 14, 1994 meeting. Mayor Pro Tem Robertson moved to approve the annexation of 3.79
acres of land along the north side of East Beltline Road, in close proximity to our existing
eastern City Limit line. Councilmember Watson seconded the motion; the motion carried 6-0
with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Mayo, and
Sheehan voting in favor of the motion.
CM052494
Page 3 of 6
MEMORANDUM
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Assistant City Manager/City Engineer ~
RE: Consideration and approval of a contract with Rady and Associates for a Water
and Waste Water System Analysis, Capital Improvement Plan and Impact Fee
Determination in the amount of $74,300.00 and authorizing the Mayor to sign.
Date: May 16, 1994
On November 12, 1991, the City of Coppell approved an Impact Fee Ordinance establishing the
collection of fees for water and sewer connections. The ordinance states that the City of Coppell
shall update its impact fees, capital improvement plan and recalculate its impact fees not less
than once every three years in accordance with procedures set forth in Texas Revised Civil
Statues, Article 1269j-4.11, Section 6, or any successor statue. To insure that the City stays on
the three year timeline, the City has been discussing this project with Rady and Associates.
Rady and Associates was considered because they have recently evaluated our water system in
conjunction with the Sandy Lake Road project to determine various ways to supply water during
the construction of the new 24" water line and the lowering of the City of Dallas water line that
provides water service to Flower Mound. Because they have already performed an analysis of
the City water system, it was anticipated that there could be a cost savings to the City in
negotiating with them to perform the Impact Fee Study. Attached to this agenda item is a copy
of a contract from Rady and Associates for the above described services. This contract is
structured similar to the contract utilized for Sandy Lake Road.
Staff will be available to answer any questions concerning this project.
Rady & Associates, Inc.
Engineers · Architects · Planners
May 12, 1994
Mr. Ken Griffin, P.E.
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
RE: Proposal of Engineering Services for
Capital Improvements and Impact Fee Study
Dear Ken:
Rady & Associates, Inc. appreciates the opportunity to present this proposal for
engineering services to develop a Capital Improvements Plan and update the City's
Impact Fees. Attached is our "Professional Services Agreement between Owner and
Engineer" and the associated Exhibits A, B, C and D which cover hourly rates, scope
of services, compensation and schedule, respectively.
The total Basic Services amount for Water and Wastewater System Analysis, Capital
Improvements Plan and Impact Fee determination is $74,300. If this is in agreement
with the City, please have the contracts executed, keeping one copy for your files and
returning the remaining copy to this office for our records.
If you have any questions regarding the enclosed information, please do not hesitate to
contact us.
Sincerely,
RADY & ASSOCIATES, INC.
Robert J.~ '
RJM/pb
P: \ 10000.05\LTRPROP\COPPLIF. WP
910 Collier Street · Fort Worth, Texas 76102-3542 · 817/335-6511 · Metro 817/654-4266 · Fax 817/335-5070
STANDARD
PROFESSIONAL SERVICES AGREEMENT
BETW~-F-N
OWNER AND ENGIN~-I~-R
THIS IS AN AGREEMENT made as of May 24,
1994, between n C S RADY ~
ASSOCIATES, INC. ("ENGIN~-ER"). Upon authorization from the OWNER, or its
designated representative, the ENGIN~-~-R agrees to provide to the OWNER
consulting engineer services and engineering design services on a fee basis as
provided herein.
OWNER and ENGIN'F-ER, in consideration of their mutual covenants herein, agree
that the performance of professional engineering services by ENGINF~F~R and the
payment for those services by OWNER shall be as set forth below.
SECTION 1 - FF~ ENGINF~F~RING SERVICES
1.1. General.
1.1.1. ENGINF~gR shall provide for OWNER, engineering services for the Project
on a lump sum basis, pursuant to the terms and conditions of this section and in
accordance with Exhibits B and C attached hereto.
1.2. Payment for Fee Engineering Services.
1.2.1. OWNER shall pay ENGIN~ER for Fee Engineering Services performed on a
lump sum basis, according to the lump sum amount negotiated between OWNER and
ENGINEER at the initiation of the Project, and as described in Exhibit C of this
agreement.
1.2.2. For Additional Services OWNER shall pay ENGINEER for Additional
Services as specified in Section 3, and outside the scope of Fee Engineering Services
specified in Section 2, as follows:
1.2.2.1. Services. For Additional Services of F_2qGINI:-I~-R's principals and
employees engaged directly on the Project and rendered pursuant to Paragraphs
3.1. or 3.2., on the basis of ENGIN!~.I:.R's hourly rates as defined in Paragraph
PAGE- 1
1.2.2.3. and shown on Exhibit "A" attached hemto, and subsequently modified
in accordance with notice provisions of Paragraph 1.2.2.4.
1.2.2.2. Professional Associates and Consultants. For services and expenses of
independent professional associates and consultants employed by ENGINI~-gR to
render Additional Services pursuant to Paragraph 3.1. or Paragraph 3.2., the
amount billed to ENGINF-ER times a factor of 1.15.
1.2.2.3. Payment. Owner shall pay ENGI2N~-~R for Additional Services
according to the hourly rates for the ENGINI~-F-R's personnel engaged directly in
performing such services, as shown on Exhibit A, "Hourly Rates for Additional
Services" attached hemto and incorporated heroin.
1.2.2.4. Adjustments to Rates. Upon thirty (30) days written notice to OWNER,
but not more than one time per annum, ENGIN~-~-R may increase or decrease
hourly rates as the ENGIN~-~R deems necessary to maintain personnel salaries
at competitive levels and to adequately compensate ENGINI~gR for overhead
expenses. The increased or decreased rate shall not be effective until after
expiration of such thirty (30) day notice period and approval by the OWNER.
1.2.2.5. Direct Expenses. In addition to payments for Additional Services
provided in Paragraph 1.2.2.3., OWNER shall pay ENGIN~-~-R for actual
expenses times a factor of 1.15. for all costs incurred in connection with the
performance of Additional Services. Expenses shall mean the actual costs
incurred by ENGINi~gR, or F_lqGINI~R'S independent professional associates
or consultants, directly or indirectly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; obtaining bids or
proposals from Contractor(s); toll telephone calls and telegrams; express mailing
costs; reproduction of reports, Drawings, Specifications, Bidding Documents, and
similar Project-related items.
1.3. Times of Payments for Fee Engineering Services.
1.3.1. ENGINI~I~-R shall submit monthly statements for Fee Engineering Services and
for Additional Services and Expenses. The statements will be based upon F~GINI~-tIR's
estimate of the proportion of the total services for the Project actually completed at the
time of billing. OWNER shall make prompt monthly payments in response to
ENGINI~gR's monthly statements.
1.3.2. Upon conclusion of each phase of Fee Engineering Services, OWNER shall pay
such additional amount, if any, as may be necessary to bring total compensation paid on
account of such phase to the total indicated in Exhibit C attached hemto.
1.3.3. If OWNER fails to make any payment due ENGINF-~R for services and expenses
within sixty (60) days after receipt of ENGIN~ER's statement therefor, the amounts due
PAGE-2
ENGINEER will be increased at the rate of one percent (1%) per month from said
sixtieth (60th) day, and in addition, ENGINF-~-R may, after giving seven (7) days written
notice to OWNER, suspend services under this Agreement until ENGINF-gR has been
paid in full amounts due for services, expenses and charges.
1.3.4. In the event of termination of ENGINF~gR upon the completion of any phase of
the Fee Engineering Services, progress payments due ENGINF~F~R for services rendered
through such phase shall be determined in accordance with the total compensation
specified in Exhibit C. In the event of such termination of ENGINF-F-R during any
uncompleted phase, the ENGINF-I~-R shall be paid for services rendered up until
termination in accordance with the payment for Additional Services and Expenses in
Section 1.2., provided such amount does not exceed the total amount indicated on Exhibit
C. In the event of any such termination, ENGINF-F-R also will be reimbursed for the
charges of independent professional associates and consultants employed by ENGINI~-I~-R
to render Fee Engineering Services, and paid for all unpaid Additional Services and
Expenses, plus all termination expenses. Termination expenses mean additional expenses
directly attributable to termination, which, ff termination is not due to ENGINF~F-R's
breach of this Agreement, shall include contract damages provided by law.
1.4. Performance and Acceptance of Fee Engineering Services.
1.4.1. The provisions of this section and the various rates of compensation for
ENGINF~R' s services provided for in this Agreement have been agreed to in anticipation
of the orderly and continuous progress of the Project through completion of the
Construction Phase. ENGIN~-~-R's obligation to render services hereunder will extend
for a period which may reasonably be required for the design, award of contracts,
construction and initial operation of the Project including extra work and required
extensions thereto.
1.4.2. ENGINF-I~-R's services under each phase identified in Exhibit B shall each be
considered complete at the earlier of: (1) the date when the submissions for that phase
have been accepted by OWNER; or (2) thirty (30) days after the date when such
submissions are delivered to OWNER for fmal acceptance, plus such additional time as
may be considered reasonably necessary for obtaining approval of governmental
authorities, if any, having jurisdiction to approve the design of the Project.
1.4.3. After acceptance by OWNER of the ENG1N!~I~R's Drawings, Specifications and
other Final Design Phase documentation including the most recent opinion of probable
Total Project Costs, ENGINFI~-R shall proceed with performance of the services called
for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to
be rendered thereunder shall be considered complete upon commencement of the
Construction Phase or upon cessation of negotiations with prospective Contractor(s).
PAGE- 3
1.4.4. The Construction Phase will commence with the execution of the first prime
contract to be executed for the work of the Project or any part thereof, and will terminate
upon written recommendation by ENGINI~-~R of f'mal payment on the last prime contract
to be completed. Construction Phase services may be rendered at different times in
respect to separate prime contracts if the Project involves more than one prime contract.
1.4.5. If OWNER has requested significant modifications or changes in the general
scope, extent or character of the Project, the time of performance and the fee for
ENGIN~.F-R's services shall be equitably adjusted.
1.4.6. If the Construction Phase has not commenced within ninety (90) calendar days
after completion of the Final Design Phase, ENGINF. FR may, after giving seven (7) days
written notice to OWNER, suspend services under this Agreement.
1.4.7. If ENGIN~-ER's services for design or during construction of the Project are
delayed or suspended in whole or in part by OWNER for more than three (3) months for
reasons beyond ENGINI~ER's control, ENGI2q~ER shall on written demand to OWNER
(but without termination of this Agreement), be paid as provided in Paragraph 1.3.4. If
such delay or suspension extends for more than one (1) year for reasons beyond
ENGINi~-ER's control, or if ENGIN~ER for any reason is required to render
Construction Phase services in respect of any prime contract for construction, materials
or equipment more than one year after Substantial Completion is achieved under that
contract, the various rates of compensation provided for in this Agreement shall be
subject to equitable adjustment.
1.4.8. In the event that the work designed or specified by ENGIN~gR is to be furnished
or performed under more than one prime contract, or if ENGINFJ~.R' s services are to be
separately sequenced with the work of one or more prime contractors (such as in the case
of fast-tracking), OWNER and ENGINI~.I~R shall, prior to commencement of the Final
Design Phase, develop a schedule for performance of ENGINF~FR's services during the
Final Design, Bidding and Negotiating and Construction Phases in order to sequence and
coordinate properly such services as are applicable to the work under such separate
contracts. This schedule is to be prepared whether or not the work under such contracts
is to proceed concurrently.
SECTION 2 - SCOPE OF ENGINF~ERING SERVICES
2.1. General.
2.1.1. ENGINF. F-R shall provide for OWNER professional engineering services in all
phases of a Project to which this Agreement applies as hereinafter provided. These
services will include serving as OWNER' s professional engineering representative for the
Project, providing engineering consultation and advice and furnishing customary civil,
PAGE - 4
structural, mechanical and electrical engineering services and customary architectural
services incidental thereto.
2. l. 2. For Fee Engineering Services, the Engineer will provide all services specified in
Exhibit B, except as otherwise identified herein.
2.2. Construction Phase.
2.2.1. General Administration of Construction Contract. ENGINI~ER shall consult with
and advise OWNER and act as OWNER's representative as provided in the Standard
General Conditions of the Construction Contract. The extent and limitations of the
duties, responsibilities and authority of ENGIN~-F-R as assigned in said Standard General
Conditions shall not be extended, except as ENGIN~-~-R may otherwise agree in writing.
All of OWNER' s instructions to Contractor(s) will be issued through ENGIN~-~-R who
will have authority to act on behalf of OWNER to the extent provided in said Standard
General Conditions except as otherwise agreed to in writing by ENGINI~I~-R and
OWNER.
2.2.2. Visits to Site and Observation of Construction. In connection with observations
of the work of Contractor(s) while it is in progress:
2.2.2.1. ENGINI~.I~.R shall make visits to the site at intervals appropriate to the
various stages of construction as ENGIN~gR deems necessary in order to observe
as an experienced and qualified design professional the progress and quality of the
various aspects of Contractor(s)' work. Based on information obtained during
such visits and on such observations, ENGIN~-F-R shall endeavor to determine in
general ff such work is proceeding in accordance with the Contract Documents
and ENGINF~R shall keep OWNER informed of the progress of the work.
2.2.2.2. The purpose of ENGINI~-F-R's visits to the site will be to enable
ENGINF~R to better carry out the duties and responsibilities assigned to and
undertaken by ENGIN~-F-R during the Construction Phase, and, in addition, by
exercise of ENGINF-F-R's efforts as an experienced and qualified design
professional, to provide the OWNER a greater degree of confidence that the
completed work of Contractor(s) will conform generally to the Contract
Documents and that the integrity of the design concept as reflected in the Contract
Documents has been implemented and preserved by Contractor(s). ENGINI~-I~-R
shall not, during such visits or as a result of such observations of Contractor(s)'
work in progress, supervise, direct or have control over Contractor(s)' work nor
shall ENGINEER have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by Contractor(s), for
safety precautions and programs incident to the work of Contractor(s) or for any
failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes
or orders applicable to Contractor(s) furnishing and performing their work.
PAGE- 5
Accordingly, ENGINEER can neither guarantee the performance of the
construction contracts by Contractor(s) nor assume responsibility for
Contractor(s)' failure to furnish and perform their work in accordance with the
Contract Documents.
2.2.3. Defective Work. During such visits and on the basis of such observations,
ENGINI~.t~.R may disapprove or reject Contractor(s)' work while it is in progress ff
ENGINF-gR believes that such work will not produce a completed Project that conforms
generally to the Contract Documents or that it will prejudice the integrity of the design
concept of the Project as reflected in the Contract Documents.
2.2.4. Interpretations and Clarifications. ENGIN'F~F~R shall issue necessary
interpretations and clarifications of the Contract Documents and in connection therewith
prepare work directive changes and change orders as required.
2.2.5. Shop Drawings. ENGINi~-I~R shall review and approve (or take other appropriate
action in respect of), Shop Drawings (as that term is defined in the aforesaid Standard
General Conditions), samples and other dan which Contractor(s) are required to submit,
but only for conformante with the design concept of the Project. Such reviews and
approvals or other action shall not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident thereto.
2.2.6. Substitutes. ENGINF~F~R shall evaluate and determine the acceptability of
substitute materials and equipment proposed by Contractor(s), but subject to the provision
of Paragraph 3.2.3.
2.2.7. Inspections and Tests. ENGINI~-~-R shall have authority, as OWNER's
representative, to require special inspection or testing of the work, and shall receive and
review all certificates of inspections, testings and approvals required by laws, rules,
regulations, ordinances, codes, orders or the Contract Documents (but only to determine
generally that their content complies with the requirements of, and the results certified
indicate compliance with, the Contract Documents).
2.2.8. Disputes between OWNER and Contractor. ENGINI~-~R shall act as initial
interpreter of the requirements of the Contract Documents and judge of the acceptability
of the work thereunder and make decisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work. BECAUSE
THE ENGINEER IS UNWILLING TO INCUR THE POTENTIAL LIABILITY
ARISING OUT OF THE ENGINEER'S INTERPRETATION WHICH WILL HAVE
ADVERSE CONSEQUENCES TO EITHER THE OWNER OR THE CONTRACTOR
UNLESS THE OWNER INDEMNIFIES THE ENGINEER, OWNER AGI~F-I~S TO
DEFEND, SAVE, AND HOLD ENGINEER HARMLESS FROM ANY DAMAGES
PAGE - 6
ARISING FROM OR RELATED TO ANY SUCH INTERPRETATIONS OR
DECISIONS RENDERED IN GOOD FAITH.
2.2.9. Applications for Payment. Based on ENGINF-F-R's on-site observations, and on
review of applications for payment and the accompanying data and schedules:
2.2.9.1. ENGINF~ER shall recommend in writing, payments to Contractor(s).
In the case of unit price work, ENGINI~-I~.R's recommendations of payment will
include determinations of quantities and classifications of such work (subject to
any subsequent adjustments allowed by the Contract Documents).
2.2.9.2. By recommending any payment ENGINF~F-R will not thereby be deemed
to have represented that exhaustive, continuous or detailed reviews or
examinations have been made by ENGIIq~-R to check the quality or quantity of
Contractor(s)' work as it is furnished and performed, beyond the responsibilities
specifically assigned to ENGINF. F-R in this Agreement. ENGINF~F-R's review of
Contractor(s)' work for the purposes of recommending payments will not impose
on ENGINF~ER responsibility to supervise, direct or control such work or for the
means, methods, techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto or Contractor(s) compliance with laws,
rules, regulations, ordinances, codes or orders applicable to their furnishing and
performing the work. It will also not impose responsibility on ENGINEER to
make any examination to ascertain how or for what purposes any Contractor has
used the moneys paid on account of the Contract Price, or to determine that title
to any of the work, materials or equipment has passed to OWNER free and clear
of any lien, claims, security interest or encumbrances, or that there may not be
other matters at issue between OWNER and CONTRACTOR that might affect the
amount that should be paid.
2.2.10. Contractor(s)' Completion Documents. ENGINF-ER shall receive maintenance
and operating instructions, schedules, guarantees, bonds and certificates of inspection,
tests and approvals which are assembled by Contractor(s) in accordance with the Contract
Documents and shall transmit them to OWNER.
2.2.11. Inspections. ENGINFI~.R shall conduct an inspection to determine if the work
is substantially complete and a final inspection to determine if the completed work is
acceptable so that ENGINF. F.R may recommend, in writing, fmal payment to
Contractor(s), and may give written notice to OWNER and the Contractor(s) that the
work is acceptable (subject to any conditions therein expressed), but any such
recommendation and notice will be subject to the limitations expressed in Paragraph
2.2.9.2.
2.2.12. Limitation of Responsibilities. ENGINF~F~R shall not be responsible for the acts
or omissions of any Contractor, or of any subcontractor or supplier, or any of the
PAGE - 7
Contractor(s)' or subcontmctor's or supplier's agents or employees or any other persons
(except ENGINI~gR's own employees and agents), at the site or otherwise furnishing or
performing any of the Contractor(s)' work.
SECTION 3 - ADDITIONAL SERVICES OF ENGINF-F.R
3.1. Services Requiting Authorization in Advance.
If authorized in writing by OWNER, ENGINF-I::-R shall furnish or obtain from others
Additional Services of the types listed in Paragraphs 3.1.1. through 3.1.13., inclusive.
These services are not included as part of Fee Engineering Services and these will be
paid for by OWNER as indicated in Paragraph 1.2.2.
3.1.1. Preparation of applications and supporting documents (in addition to those
furnished under Fee Engineering Services), for private or governmental grants, loans or
advances in connection with the Project; preparation or review of environmental
assessments and impact statements; review and evaluation of the effect on the design
requirements of the Project of any such statements and documents prepared by others;
and assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
3.1.2. Services to make measured drawings of or to investigate existing conditions or
facilities, or other information furnished by OWNER except as identified in Exhibit B
as part of the Basic Services of this contract.
3.1.3. Services resulting from significant changes it_ the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, OWNER' s schedule, character of construction or method of f'mancing; and
revising previously accepted studies, reports, design documents or Contract Documents
when such revisions are required by changes in hws, roles, regulations, ordinances,
cedes or orders enacted subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond F_.NGIN~-gR's control.
3.1.4. Providing renderings or models for OWNER's t-se.
3.1.5. Preparing documents for alternate bids requested by OWNER for Contractor(s)'
work which is not executed or documents for out-of-sex uence work.
3.1.6. Investigations and studies involving, but not limi:ed to, detailed consideration of
operations, maintenance and overhead expenses; providi_lg value engineering during the
course of design; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the
Project; evaluating processes available for licensing and assisting OWNER in obtaining
PAGE- 8
process licensing; detailed quantity surveys of material, equipment and labor; and audits
or inventories required in connection with construction performed by OWNER.
3.1.7. Furnishing services of independent professional associates and consultants for
other than Fee Engineering Services as identified in Exhibit B (other services outside the
scope of Fee Engineering Services include, but are not limited to, value engineering
services, detailed operation and maintenance analyses, and other such services); and
providing data or services of the types described in Section 4.4 when OWNER employs
ENGINI~.I~.R to provide such data or services in lieu of furnishing the same in accordance
with Section 4.4.
3.1.8. Services resulting from the award of more separate prime contracts for
construction, materials or equipment for the Project than are contemplated at the
commencement of the project. If ENGII~-F~R has been required to prepare Contract
Documents on the assumption that more than one prime contract will be awarded for
construction, materials and equipment, but only one prime contract is awarded for
construction, materials and equipment for the Project, services attributable to the
preparation of contract documentation that was rendered unusable and any revisions or
additions to contract documentation used that was necessitated by the award of only one
prime contract.
3.1.9. Services during the out-of-town travel required of ENGI2N~.I~.R other than visits
to the site or OWNER's office as required by Section 2.
3.1.10. Assistance in connection with bid protests, rebidding or renegotiating contracts
for construction, materials, equipment or services.
3.1.11. Preparation of operating, maintenance and staffing manuals to supplement Fee
Engineering Services.
3.1.12. Preparing to serve or serving as a consultant or witness for OWNER in any
litigation or other legal or administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Fee Engineering Services
identified in Exhibit B).
3.1.13. Additional services in connection with the Project, including services which are
to be furnished by OWNER in accordance with Section 4, and services not otherwise
provided for in this Agreement.
3.2. Required Additional Services. When required by the requirements of the Project,
or in circumstances beyond ENGINI~gR's control, ENGIN~gR shall furnish or obtain
from others, as circumstances require, and without waiting for specific authorization
from OWNER, Additional Services of the types listed in Paragraphs 3.2.1. through
3.2.6, inclusive. These services are not included as part of Fee Engineering Services.
PAGE - 9
ENGINEER shall advise OWNER promptly after starting any such Additional Services
which will be paid for by OWNER as indicated in Paragraph 1.2.2.
3.2.1. All coordination, review and consulting with other independent professional
associates and consultants providing services to the OWNER outside the scope of Fee
Engineering Services as more particularly specified in Paragraphs 3.1.6. and 3.1.7.
3.2.2. Services in connection with work directive changes and change orders to reflect
changes requested by OWNER.
3.2.3. Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitutions proposed by Contractor(s).
3.2.4. Services resulting from significant delays, changes or price increases occurring
as a direct or indirect result of material, equipment or energy shortages.
3.2.5. Additional or extended services during construction made necessary by: (1) work
damaged by fire or other cause during construction; (2) acceleration of the progress
schedule involving services beyond normal working hours; and (3) default by any
Contractor.
3.2.6. Services in connection with any partial utiliTation of any part of the Project by
OWNER prior to Substantial Completion.
SETION 4 - OWNER'S RESPONSIBILITIP, S
OWNER shall do the following in a timely manner so as not to delay the services of
ENGINI~R:
4.1. Designate a person to act as OWNER's representative with respect to the services
to be rendered under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define OWNER's policies and
decisions with respect to ENGINF-F-R's services for the Project.
4.2. Provide all criteria and full information as to OWNER's requirements for the
Project, including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be
included in the Drawings and Specifications.
4.3. Assist ENGINI~,F-R by placing at ENGINF-~-R's disposal all available information
pertinent to the Project including previous reports and any other data relative to design
or construction of the Project.
PAGE- 10
4.4. Furnish to ENGINEER, as required for performance of Fee Engineering Services,
the following:
4.4.1. data prepared by or services of others, including without limitations borings,
probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples, materials and equipment;
4.4.2. appropriate professional interpretations of all of the foregoing;
4.4.3. environmental assessment and impact statements;
4.4.4. property, boundary, easement, right-of-way, topographic and utility surveys;
4.4.5. property descriptions;
4.4.6. zoning, deed and other land use restrictions; and
4.4.7. other special data or consultations not covered in Section 3;
all of which ENGINEER may use and rely upon in performing services under this
Agreement.
4.5. Arrange for access to and make all provisions for ENGINI~.I~R to enter upon public
and private property as required for ENGINm-~.R to perform services under this
Agreement.
4.6. Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by F.2qG1N~-~R, obtain advice of an attorney, insurance
counselor and other consultants as OWNER deems appropriate for such examination and
render in writing decisions pertaining thereto within a reasonable time so as not to delay
the services of ENGINm~R.
4.7. Furnish approvals and permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary for
completion of the Project, except as identified in Exhibit B.
4.8. Provide such accounting, independent cost estimating and insurance counselling
services as may be required for the Project, such legal services as OWNER may require
or ENGINI~gR may reasonably request with regard to legal issues pertaining to the
Project including any that may be raised by Contractor(s), such auditing service as
OWNER may require to ascertain how or for what purpose any Contractor has used the
moneys paid under the construction contract, and such inspection services as OWNER
may require to ascertain that Contractor(s) are complying with any law, role, regulation,
ordinance, code or order applicable to their furnishing and performing the work.
PAGE- 11
4.9. If OWNER designates a person to represent OWNER at the site who is not
ENGINF~F~R or ENGINF. F.R's agent or employee, the duties, responsibilities and
limitations of authority of such other person and the affect thereof on the duties and
responsibilities of ENGII',IF-F-R will be set forth in an exhibit that is to be identified,
attached to and made a pan of this Agreement before such services begin.
4.10. If more than one prime contract is to be awarded for construction, materials,
equipment and services for the entire Project, designate a person or organization to have
authority and responsibility for coordinating the activities among the various prime
contractors.
4.1 l. Furnish the ENGINF~F-R data or estimated figures as to OWNER's anticipated
costs for services to be provided by others for OWNER (such as services pursuant to
Paragraphs 4.6. and 4.8.), so that ENGINF~F~R may make the necessary findings to
support opinions of probable Total Project Costs.
4.12. Attend the pre-bid conference, bid opening, pre-construction conferences,
construction progress and other job related meetings and substantial completion
inspections and final payment inspections.
4.13. Give prompt written notice to ENGINF~F-R whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing of
ENGINF-gR's services, or any defect or non-conformance in the work of any Contractor.
4.14. Furnish, or direct ENGINI~.F.R to provide, Additional Services as stipulated in
Paragraph 3.1. of this Agreement or other services as required.
4.15. Bear all costs incident to compliance with the requirements of this Section 4.
SECTION 5 - OPINIONS OF COST
Opinions of Cost. Since ENGINF~F-R has no control over the cost of labor, materials,
equipment or services furnished by others, or over the Contractor(s)' methods of
determining prices, or over competitive bidding or market conditions, ENGINi~gR's
opinions of probable Total Project Costs and Construction Cost provided for herein
represent ENGIN'F~F~R's best judgment as an experienced and qualified professional
engineer, but ENGINF. I~.R cannot and does not guarantee that proposals, bids or actual
Total Project or Construction Costs will not vary from opinions of probable cost prepared
by ENGINF~gR. If prior to the Bidding or Negotiating Phase OWNER wishes greater
assurance as to Total Project or Construction Costs, OWNER shall employ an
independent cost estimator as provided in Paragraph 4.9.
PAGE- 12
SECTION 6 - GENERAL CONSIDERATIONS
6.1. Termination.
The obligations under this Agreement may be terminated by either party upon seven (7)
days written notice.
6.2. Reuse of Documents. All documents including Drawings and Specifications
prepared or furnished by ENGINF. ER (and ENGINFJ~R's independent professional
associates and consultants), pursuant to this Agreement are instruments of service in
respect of the Project and ENGINI~R shall retain an ownership and property interest
theroin whether or not the Project is completed. OWNER may make and retain copies
for information and reference in connection with the use and occupancy of the Project
by OWNER and others; however, such documents are not intended or represented to be
suitable for rouse by OWNER or others on extensions of the Project or on any other
project. Any rouse without written verification or adaptation by ENGIN~-FR for the
specific purpose intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINF-ER, or to ENGINEER's independent professional associates or
consultants, and OWNER SHALL INDEMNIFY AND HOLD HARMI.KSS
ENGINEER AND ENGINEER'S INDEPENDENT PROFESSIONAL ASSOCIATES
AND CONSULTANTS FROM ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES
INCLUDING ATYORNEY'S FEES ARISING OUT OF OR RESULTING
THEREFROM. Any such verification or adaptation will entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and ENGIN~-F-R.
6.3. Insurance.
6.3.1. ENGINI~ER shall procure and maintain Worker' s Compensation and Employer' s
Liability Insurance for protection from claims under the workers' compensation act.
6.3.2. To the extent that professional liability insurance is and remains available at
commercially reasonable rates, ENGIN~R will maintain Professional Liability Insurance
to protect the OWNER from damages, loss or liability arising out of the performance of
professional services under this Agreement. Such coverage shall be in the sum of not
less than ONE MILLION DOLLARS ($1,000,000.00).
6.3.3. lIPON WRITTEN REQUEST OF OWNER RECEIVED WITHIN THIRTY (30)
DAYS OF THE ACCEPTANCE THEREOF, ENGINEER WILL PROVIDE
PROFESSIONAL LIABILITY INSURANCE ADDITIONAL TO THE AMOUNT OF
COVERAGE STATED IN PARAGRAPH 6.3.2., IF AVAILABLE, AND THE
OWNER WILL REIMBURSE ENGINEER FOR THE COSTS INCURRED BY
ENGINEER IN OBTAINING SUCH INCREASED COVERAGE. TO THE FULLEST
EXTENT PERM/TTED BY LAW, OVVNER AGI~I~.I~-S THAT ENGINEER's
LIABILITY TO OWNER FOR ANY DAMAGES, LOSSES, INJURIES, CLAIMS,
PAGE- 13
LIABILITY, OR INDEMNITY COMMITMENTS ARISING IN ANY WAY OUT OF
ENGINEER's PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO, ENGIN ER's NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, IS 1 .IMITED
TO ONE MILLION DOLLARS ($1,000,000.00), UNLESS OWNER SHALL ELECT
TO REQUEST THAT ADDITIONAL COVERAGE BE PURCHASED IN
ACCORDANCE WITH THE PROVISIONS HEREIN. IN NO EVENT SHALL
ENGINEER BE LIABLE FOR ANY INDIRET, SPECIAL OR CONSEQUENTIAL
LOSS OR DAMAGE ARISING OUT OF SERVICES HEREUNDER, INCLUDING
BUT NOT IJMITED TO LOSS OF USE, LOSS OF PROFIT OR BUSINESS
INTERRUFHON, WHETHER CAUSED BY ENGINEER, OR OTHERWISE, AND,
TO THE FULLEST EXTENT PERMITFED BY LAW.
6.4. OWNER's Responsibility to ENGIN~-~R.
6.4.1. Hazardous Waste and Asbestos. Because of the unavailability of professional
liability insurance for services involving or related to hazardous waste elements, or the
removal of encapsulation of asbestos, and because of the severity of claims relating to
these services, the ENGINEER is unwilling to perform any services related to the
disposal of hazardous waste elements or the removal or encapsulation of asbestos. For
any project site which has existing improvements and on which the ENGINEER, his
consultants, agents, or employees are to provide design services, the OWNER will
conduct, utilizing either its own employees, or a consultant employed for that purpose,
a survey to determine the presence of any hazardous waste element or asbestos on the
project site. If any hazardous waste elements or asbestos is discovered at the project site,
either during the initial study or at any time during construction, the OWNER shall
immediately relieve the ENGINEER of any obligations to continue to perform services
under this agreement and shall proceed with the remedlation of the project site as may
be required under state or federal law. THE OWNER BERERY AGItEF~ TO
ttELEASE THE ENGIN'F-F-R, ITS CONSULTANTS, AGENTS AND EMPLOYI~-i~-S,
FROM ANY CLAIMS, DAMAGES, LOSSES AND EXPENSES, DIRECT OR
INDIRECT, INCLUDING BUT NOT LIMITED TO ATFORNEY'S FEES AND
COURT COSTS, ARISING OUT OF, RESULTING FROM, OR RELATED TO, THE
PRF~ENCE OR RELEASE OF ANY HAZARDOUS WASTE ELEMENTS OR THE
REMOVAL OR ENCAPSULATION OF ANY ASBESTOS ON ANY PROJECT SITE
IN WHICH THE ENGINF]~-R HAS BRRN RETAINED TO PERFORM SERVICES ON
BEHALF OF THE OWNER.
PAGE- 14
6.5. ENGINEER' s Indemnification of OWNER.
6.5.1. Except as provided in Paragraphs 2.2.8, 6.2 and 6.4.1., the ENGINF~F~R shall
indemnify the OWNER, its consultants, agents and employees from and against any and
all claims, damages, losses and expenses, direct or indirect, or consequential damages,
including but not limited to fees and charges of attorneys and court and arbitration costs
arising out of, resulting from, or related to the negligent performance of work by
ENGINF-~R specified in this Agreement.
6.6. Severability and Reformation.
6.6.1. Any provision or part thereof of this agreement held to be void or unenforceable
under any law shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon the parties. The parties agree that this agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision which comes as close as possible to expressing the intention of the stricken
provision.
6.7. Controlling Law.
This Agreement is to be governed by the laws of the State of Texas. The venue for any
action brought pursuant to or resulting from the terms of this agreement shall Iie in
Dallas County, Texas.
6.8. Successors and Assigns.
6.8.1. OWNER and ENGINF-F~R each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ENGINF-I~R (and to
the extent permitted by Paragraph 6.8.2. the assigns of OWNER and ENGINF~gR), are
hereby bound to the other party to this Agreement and to the partners, successors,
executors, administrators and legal representatives (and said assigns), of such other party,
in respect of all covenants, agreements and obligations of this Agreement.
6.8.2. Unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. Nothing contained in this paragraph shall prevent ENGIN!~J~R
from employing such independent professional associates and consultants as ENGINF~ER
may deem appropriate to assist in the performance of services hereunder.
6.8.3. Nothing under this Agreement shall be construed to give any rights or benefits
in this Agreement to anyone other than OWNER and ENGIN'F-ER, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINF-FR and not for the benefit of any other party.
PAGE- 15
6.9. Standard of Care.
6.9.1. ENGIN'F. ER shall perform for or furnish to OWNER professional engineering and
rehted services in all phases of the Project to which this Agreement applies as
hereinbefore provided. ENGINEER shall serve as OWNER's prime design professional
and engineering representative for the Project providing professional engineering
consultation and advice with respect thereto. ENGINEER may employ such
ENGINF. ER's Consultants as ENGINEER deems necessary to assist in the performance
or furnishing of professional engineering and related services hereunder. ENGINEER
shall not be required to employ any ENGINF-ER'S Consultant unacceptable to
ENGINEER.
6.9.2. The standard of care for all professional engineering and related services
performed or furnished by ENGINF~ER under this Agreement will be the care and skill
ordinarily used by members of ENGINEER's profession practicing under similar
conditions at the same time and in the same locality. ENGINEER MAKES NO
tIEPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,
EXCEPT FOR THOSE MADE IN THIS AGREEMENT,
SECTION 7 - SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
7.1. The following Exhibits are attached to and made a part of this Agreement:
7.1.1. Exhibit A "Hourly Rates for Additional Services" consisting of one (1) page.
7.1.2. Exhibit B "Scope of Services, Water and Sewer Capital Improvement Program
for Impact Fee Update" consisting of seven (7) pages.
7.1.3. Exhibit C "Compensation to Engineer and Time of Completion" consisting of one
(1) page.
7.1.4. Exhibit D "Project Schedule" consisting of one (1) page.
7.2. THIS AGI~EEMENT (consisting of pages 1 to 18, inclusive), together with
Exhibits and Schedules identified above, constitutes the entire agreement between
OWNER and ENGINEER and supersedes all prior written or oral understandings. This
Agreement and said Exhibits and Schedules may only be amended, supplemented,
modified, or canceled by a duly executed written instrument. THE OWNER AND
ENGINEER EACH ACKNOWLEDGE BY THE EXECUTION OF THIS
AGREEMENT THAT NEITHER THE OWNER NOR THE ENGINEER HAS MADE
ANY REPRESENTATIONS OR HAS MADE ANY EXPRESSED OR IMPLIED
WARRAN'HES NOT CONTAINED IN TI-flS AGREEMENT.
PAGE- 16
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the day and year first above written.
OWNER: ENGINF~F.R:
CITY OF COPPELL, TEXAS RADY &ASSOCIATES, INC
Tom Morton, Mayor ~,~illiam B. Ra~liff, P.E.
Vice-President
Address for giving notices: Address for giving notices:
2,5'5" Par'H,o.~ ~'/,.,c/'. 910 Collier Street
p. c>- ~o,~ 5/7g Fort Worth, TX 76102
C ~ p e ~ II; 7~x Zs~/?
PAGE- 17
EXHIBIT A
HOURLY RATES FOR ADDITIONAL SERVICES
The following hourly rates will apply to services as outlined in paragraph 1.2.2 of the
Standard Professional Services Agreement Between Owner and Engineer. These rates
will remain in effect until they are increased or decreased in accordance with
paragraph 1.2.2.4.
Principal $110.00
Project Manager 85.00
Senior Engineer 80.00
Senior Architect 80.00
Engineer 65.00
Architect 65.00
Designer 55.00
Technician 48.00
Draftsman 40.00
Clerical 35.00
Survey Party (3-man) 150.00
Computer Usage 25.00
EXttlRIT B
SCOPE OF SERVICES
WATER AND SEWER CAPITAL IMPROVEMENT PROGRAM
FOR
IMPACT if, F, UPDATE
A. WATER SYSTEM MASTER PLAN
Data Collection: Water System and Water Demands - Rady & Associates shall
perform the following data collection with the assistance of the City staff. Previous
information provided by the City for the existing water distribution system analysis
associated with the reconstruction of Sandy Lake Read (R&A No. 93021.00) will be
utilized.
1. Review information provided by the City regarding population and land use
(current and future projections) for the city and any customers outside the city
limits. An Existing and Future Land Use Map adopted by the City is required
in order to comply with the Impact Fees law. The City shall provide to the
engineer, an adopted Existing and Future Land Use Map by July 1, 1994 in order
to meet the required Council adoption of Capital Improvements and Impact Fee
Updates by November 8, 1994.
2. City shall provide a representative sampling of meter books to determine typical
water demand per type of connection.
System Analysis - Rady & Associates shall perform an analysis of the existing and
future (10 and 20 year) water system to determine existing system deficiencies,
proposed system improvements, future system improvements, and expected system
operational criteria as follows:
1. The evaluation of the existing system shah include:
a. Evaluate supply sources and water system components, (i.e., elevated tanks,
ground storage tanks, pumps, and transmission lines) as compared to Tens
Natural Resource Conservation Commission Rules and Regulations (TNRCC),
insurance industry standards, and specific system demands using present
maximum day demands and an extended period simulation which includes
maximum hour and fire flows superimposed on maximum day average hour
demands.
b. Determine system deficiencies and potential remedial solutions to correct
immediate problems.
City of Coppell
Page 2
2. Evaluate future conditions and system improvements needed to serve the projected
(20) year population and system extensions utilizing the above criteria for the
same. This evaluation shall include the distribution of the supply from Dallas
Water Utilities.
3. Incorporate future requirements into recommended improvements to the present
system and develop an overall system improvement plan that is compatible with
both present and future system requirements.
4. Evaluate future conditions and system improvements needed to serve the projected
10-year population and system extensions utilizing the same criteria as above.
This evaluation is made for computations of Water Impact Fees. Assumptions
regarding the future conditions between the 10-year and 20-year population
system criteria will be considered virtually the same with minimal change.
5. I'mpare cost projections and exhibits illustrating the recommended course of
action.
Report - Based upon the above system analysis, Rady & Associates shall present the
findings and recommendations as follows:
1. Prepare a draft report outlining the evaluation, recommendations, and selected
improvement plans for review and approval by city staff. The report shall
include a written narrative of our findings and exhibits.
2. Rady & Associates anticipates attending two (2) meetings with staff to discuss
data input, analysis, recommendations and incorporation of appropriate comments
into the final report.
B. WASTEWATER SYSTEM MASTER PLAN
. Data Collection - Rady & Associates shall perform the following data collection with
the assistance of the City staff regarding the existing wastewater collection system:
1. Review information provided by the City regarding location, type, age and size
of existing wastewater collection network. The City will provide the Engineer
with a composite CAD map file (electronic disk) of the city's sanitary sewer
system network, illustrating street right-of-way and associated names, line
locations and sizes, manholes, and lift stations. The CAD map file will be
provided to the engineer on or before June 6, 1994;
City of Coppell
Page 3
2. Review information provided by the City regarding location and size of lift
stations and pumps, including head discharge relationship (pump curves), and any
instrumentation/operation parameters;
3. Review information provided by the City regarding locations and capacities of
outfall sewers, (i.e., City of Dallas and other entity lines);
4. Review information provided by the City regarding population, number of
connections and land use (current and future projections) for the service area;
and,
5. Review information provided by the City on historical wastewater flows measured
at metering stations or lift stations, with water usage for the same period.
Development of Data Base Model - Rady & Associates shall compile the above
information and create a data base model of the City's wastewater collection system
by performing the following tasks:
1. Prepare a data base model for the City system based upon the physical wastewater
system components including lines, lift stations and force mains; expected flows
based upon the system, historical wastewater flows and land use; and current
wastewater system operational conditions; and,
2. Verify the model against the City's actual operational experiences and review any
unexpected results with the City staff.
System Analysis - Rady & Associates shall perform an analysis of the existing and
future (10 and 20 year) wastewater collection system to determine existing system
deficiencies, proposed system improvements, future system requirements, and
expected system operational criteria as follows:
.1. The evaluation of the existing system shall include:
a. Evaluate capacities of existing outfall sewers, collectors, lift stations and force
mains and specific system requirements using TNRCC Rules and Regulations
using present day flows and peaking factors;
b. Determine system deficiencies and potential remedial solutions to correct
immediate problems.
City of Coppell
Page 4
2. Evaluate future conditions and system improvements needed to serve the projected
20-year population and system extensions utilizing the above criteria for the same.
Master planning of major ouffall sewers shall be limited to two (2) options for the
entire length of the sewer segments:
· Gravity Sewers; and
· Lift Station and Force Main.
Exploring additional alternatives or refining the above alternatives for
combination gravity sewers and force main is considered part of final design and
not within the scope of this planning effort.
3. Incorporate future requirements into recommended improvements to the present
system and develop an overall system improvement plan that is compatible with
both present and future system requirements.
4. Evaluate future conditions and system improvements needed to serve the projected
10-year population and system extensions utilizing the same criteria as above.
This evaluation is made for computations of Sanitary Sewer Impact Fees.
Assumptions regarding the future conditions between the 10-year and 20-year
population system criteria will be considered vimally the same with minimal
change.
5. Prepare cost projections and exhibits illustrating the recommended course of
action. The engineer's cost projection shall be based upon available cost data for
recent projects of similar nature and the professional judgment of the Engineer.
Cost for right-of-way and easements shall be based on information provided by
City staff of recent property acquisitions.
Report - Based upon the above analysis, Rady & Associates shall present the findings
and recommendations as follows:
1. Prepare a draft report outlining the evaluation, recommendations, and selected
improvement plans for review by the City staff. The report shall include a
narrative of our findings and exhibits;
2. Rady & Associates anticipates attending two (2) meetings with staff to discuss
data collection, input, analysis, recommendations and incorporation of appropriate
comments into the final report.
City of Coppell
Page 5
C. CAPITAL IMPROVEMENTS PLAN
A Capital Improvements Plan (CIP) for both water and wastewater system
improvements will be developed based on the approved land use assumptions and
population projections together with the results of the Water System Study and
Wastewater Master Plan. This plan must provide for construction to commence
within two years and to have service available within five years. The CIP will
contain specific enumeration of the following items:
1. A description of the existing capital improvements within the service area and the
costs to upgrade, update, improve, expand, or replace the system components to
meet existing needs and usage and stricter safety, efficiency, environmental,
and/or regulatory standards.
2. An analysis of the total capacity, the level of current usage, and commitments for
usage of capacity of the existing capital improvements.
3. A description of all or parts of the capital improvements or facility expansions
and their costs necessitated by and attributable to new development in the service
area based on the approved land use assumptions.
4. A definitive table establishing the specific level or quantity of use, consumption,
generation, or discharge of a service unit for each category of capital
improvements or facility expansions and an equivalency or conversion table
establishing the ratio of a service unit to various types of land uses, including
residential, commercial, and industrial.
5. The total number of projected service units necessitated by and attributable to now
development within the service area based on the approved land use assumptions
and calculated in accordance with generally accepted engineering or planning
criteria.
6. The projected demand for capital improvements or facility expansions required
by new service units projected over a reasonable period of time, not to exceed 10
years.
7. Rady & Associates anticipates attending one (1) meeting with staff to determine
the City's needs and desires in development of a Capital Improvements Program.
City of Coppell
Page 6
D. IMPACT FEES UPDATE
Impact fees will be updated based on the cost developed for the CIP and the service
units established by the approved land use assumptions. The following steps will be
performed:
1. Calculate adjustments to fees already collected to reflect the actual cost of
constructed facilities. If the adjusted fee is less than 90 % of the collected fee, the
entire difference should be refunded;
2. Calculate new impact fees for water and sewer facilities and submit final report
to staff for final review.
3. Rady & Associates anticipates attending one (1) meeting with staff to review the
developed Impact Fees.
E. PRES~ONS AND PUBLIC FORUMS
1. Rady shall attend two (2) meeting with the Mayor and Council to present the final
report of the Water and Sanitary Sewer Master Plan, Capital Improvements Plan
and Impact Fee Update, if deemed appropriate by the City staff.
2. Rady & Associates shall present findings at one (1) Public Hearings specifically
scheduled for the consolidated adoption of the Capital Improvements Plan and
Impact Fees.
F. CITY REVIEW
Upon completion of the Water and Wastewater System Master Plan and the CIP and
Impact Fees Update, the Engineer shall present three (3) complete reports to the City
staff for review.
Upon completion of the final review by the City, one (1) copy shall be returned to
the Engineer with comments noted. Each report shall be stamped "Preliminary" and
dated by the Engineer.
Once the appropriate comments have been incorporated into each report, Rady will
submit twenty (20) copies of the final report for Water System Master Plan,
Wastewater System Master Plan, and the Capital Improvements and Impact Fee
Update report. Approval of the development and design assumptions used in the
City of Coppell
Page 7
report and the report itself, will be at the staff level. Changes desired by the
Advisory Board and/or Council shall be considered additional services.
G. CONTRACT TIME
Rady & Associates shall perform the above items in a timely manner to meet the
City's schedule for approval of Impact Fees by November 8, 1994. A schedule of
interim tasks and associated deadlines are illustrated in Exhibit "D" and is based on
a start date of June 6, 1994, obtaining the necessary data required to complete the
Master Plan studies of water and wastewater by July 1, 1994, and timely review and
approval by staff.
EXHIBIT C
COMPENSATION TO ENGINEER
A. BASIC SERVICES
For all services listed in the Scope of Services (except additional services), the City shall
pay the Engineer a lump sum fee of $74,300. This fee includes all direct expenses of
printing, postage, travel, photographic, telephone and computer usage.
B. ADDITIONAL SERVICES
1) Should project scope changes be requested by the City, or required to address
changed conditions or change in direction previously approved by the City staff
or mandated by changing govermnental laws, such services shall be considered
additional, and shall be performed on an individual reimbursable basis at our
established hourly rates as referenced as Exhibit "A" in our Professional Services
Agreement with the City of Coppell and shown below.
2) It is our understanding that the Land Use Assumptions and Land Use Map for
existing conditions and 10-year and 20-year projections will be approved and
provided by the City to the engineer on or before July 1, 1994. Costs incurred
to meet the same deadline of November 12, 1994 within a shortened time-frame
will be grounds for additional compensation. Should Rady take delivery on or
before July 15, 1994, the engineer shall be compensated up to a maximum
$20,000 in additional fee.
3) Additional Meetings with City Staff - The engineer shah attend a maximum of
eight (8) meetings with City Staff as a part of the basic services identified above.
Should the City request additional meetings with the Engineer, the Engineer shah
be compensated on a per meeting basis at a rate of $500.00 each. Said
compensation shah be full payment for the preparation for and attendance at said
meetings.
,. 4) Additional Public Meetings - The engineer shah attend a maximum of one (1)
public meeting to present the Capital Improvements Plan and the proposed Impact
Fees as outlined in the report. Should the City request the attendance by the
engineer at additional public meetings, the Engineer shah be compensated on a
per meeting basis at the rate of $1000.00 each. Said compensation shah be full
payment for preparation for and attendance at said meetings.
EXHIBIT D
PROJECT SCHEDULE
WATER SYSTEM MASTER PLAN
Kickoff 5/25/94
Complete Data Collection 6/6/94
Develop Population/Flow Projections 6/8/94
City Provides Ultimate Land Use Map 7/1/94
Analyze Future Conditions (10 yr., 20 yr.) 7/15/94
Submit Initial Report to City 7/29/94
Perform Impact Fee Project Related Work 8/15/94
Final Report 8/15/94
SEWER SYSTEM MASTER PLAN
Complete Data Collection 6/6/94
Develop Population/Flow Projections 6/8/94
Analyze Existing System 6/30/94
Analyze Future System 7/15/94
Submit Initial Report to City 7/29/94
Perform Impact Fee Project Related Work 8/15/94
Final Report 8/15/94
C.I.P. / IMPACT FEES
Complete Data Collection 7/1/94
Develop Impact Fees and CIP 8/31/94
Report to City/Begin Public Hearing Process 9/13/94
Public Hearings Complete To Be Arranged
Council Approval 10/25/94
May 10, 1994
P:\10000.05\LTRPROP\COPPRSCH.WP