ST0301-CN030527
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS S
KNOW ALL BY THESE PRESENTS
CITY OF COPPELL S
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract,"
. made, entered into and executed this the ~day of fV\"j_' 2003, by and between the City of
Coppell acting by and through the Mayor with approval of the City Council hereinafter referred to
as "City", and Freese and Nichols, Inc., hereinafter referred to as "Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred
to as "Services", in connection with the
BETHEL & COPPELL ROADS INFRASTRUCTURE IMPROVEMENTS,
PROJECT #ST 03-01
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 defmed Services necessary to complete the Project; and
WHEREAS, said Services shall be as defmed herein and in the detailed Basic Services, Attachment
A, 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 defmed 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.
A. Basic Services: The work tasks and activities to be performed and deliverable to be .
provided by the Engineer shall be in accordance with Attachment A, 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.
B. Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional Services are not included as a part of Basic
Services and shall be paid for by the City in addition to payment for Basic Services.
Should it be determined that one or more of the requirements of this Contract
conflict with the requirements of the Scope of Services, including modifications to
the Scope of Services or any attachments to this contract; the requirement of the
Contract shall govern.
2. Proe:ress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the major
Project tasks, the estimated consultant hours required to perform the tasks, the percentage of
the Contract budget estimated to be allocated to each task and a bar chart schedule showing
task beginning and completion dates. Significant milestones for the Project shall be
identified. At a minimum, milestones shall be provided for the three design submittals
described in Attachment A, 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
Engineer shall provide to the City information to report and monitor the design tasks
within the Project Schedule by completing a "Design Progress Report" on a form provided
Page 2
by the City. The Engineer shall complete and provide to the City said report at two week
intervals.
3. Compensation.
A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this
Contract pursuant to the Fee Schedule described in Attachment A, Scope of
Services. Basic Services Fee shall not exceed the lump sum of Five Hundred Eight
Thousand Three Hundred Dollars ($508.300) provided, however, that
modifications to the Basic Services, or other conditions defined herein may
necessitate a change of Fee which shall be reduced to writing and approved by the
City or its designee.
B. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
Five Hundred Eight Thousand Three Hundred Dollars ($508.300).
C. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services 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.
D. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one payment
to the Engineer per month. City reserves the right to correct any error that may be
discovered in any invoice whether paid to the Engineer or not, and to withhold the
funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Page 3
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review
the conditions associated with the request and determine the necessity of a modification.
When the Parties agree that a modification is warranted, the Engineer and the City
Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defmes the changes to the previously approved Scope of Services, Fee and/or Project
Schedule. Said written Modification shall be approved by Engineer, authorized by the City
Council, if required, and issued by the City Engineer. Issuance of the approved Scope of
Services modification shall constitute a notice to proceed with the Project in accordance
with the modified Scope of Services. The City Engineer may issue written Modifications
to the Scope of Services without prior approval of the City Council when the modifications
are to be accomplished within the authorized Total Maximum Fee and do not materially or
substantively alter the overall scope of the Project, the Project Schedule or the Services
provided l;Jy the Engineer.
6. Proiect 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 fmal
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 fmal report.
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
7. Project 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
Page 4
from the City. The Engineer shall not be compensated for any Services performed after the
said submittals and before receipt of City's written instruction to proceed.
8. Partnerine:. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or
agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue
for the duration of this Contract. By engaging in 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
partnering effort shall be structured to draw on the strengths of each organization to identify
and achieve reciprocal goals. The objectives of partnering are effective and efficient
contract performance and completion of the Project within budget, on schedule, in
accordance with the Scope of Services, and without litigation. Participation in partnering
shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
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 fmal and binding. An irreconcilable or unresolved
dispute shall be considered a violation or breach of contract terms by the Engineer and
shall be grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. Ene:ineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
11. Liabilitv. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not
constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of their
designs, working drawings, tracings, magnetic media and/or computer disks, estimates,
specifications, investigations, studies or other documents and work; nor shall such approval
be deemed to be an assumption of such responsibility by the City for any negligent defect,
error or omission in the design, working drawings, tracings, magnetic media and/or
computer disks, estimates specifications, investigations, studies or other documents
prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer
shall indemnify City for damages resulting from such negligent defects, errors or omissions
and shall secure, pay for and maintain in force during the term of this Contract sufficient
errors and omissions insurance in the amount of $250,000.00 single limit, with certificates
Page 5
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 rneet 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 ofCoppell,
its officers, agents and employees from any loss, damage, liability or expense, including
attorney fees, on account of damage to property and injuries, including death, to all persons,
including employees of Engineer or any associate consultant, which may arise from any
negligent errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirernents of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
COnspICUOUS.
13. Delavs and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's additional
legal rights or remedies. The Engineer shall not be responsible for delays associated with
review periods by the City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the fmal 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
Page 6
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. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or partially
completed, shall be the property of the City to be used as City desires, without restriction;
and Engineer specifically waives and releases any proprietary rights or ownership claims
therein and is relieved of liability connected with any future use by City. Copies may be
retained by Engineer. Engineer shall be liable to City for any loss or damage to such
documents while they are in the possession of or while being worked upon by the Engineer
or anyone connected with the Engineer, including agents, employees, consultants or
subcontractors. All documents so lost or damaged 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 Rie:ht 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.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking to
do business with the City of Coppell, loans, services, payments, entertainment, trips, money
in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of
any of its rights or remedies at law or contract.
Page 7
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws,
statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or
administrative bodies or tribunal in any matter affecting the performance of this Contract,
including without limitation, worker's compensation laws, minimum and maximum salary
and wage statutes and regulations, and licensing laws and regulations. When required,
Engineer shall furnish the City with satisfactory proof of compliance therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Nee:otiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
Page 8
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified u.s. mail, postage prepaid, addressed to such Party
at the following respective addresses:
City:
City of Coppell, Texas
2.SS -i>o..c-kl.Alo..y BIIJ~
~e [I ) I..K 750/1 .
K~ ~rl'~F:",'p f 1\;1'. ~ E(I~,nee"l~
Engineer:
Freese and Nichols, Inc.
1701 N. Market Street, Suite 500, LB 51
Dallas, Texas 75202
Attn: Tricia H. Hatley, P .E.
IN WITNESS WHEREOF, the City ofCoppell, 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:
FREESE AND NICHOLS, INC.
BY:
;iLtt-~(f~
Name & Title
D
Date: 5" ~ 1.1 ~ 0 ~
ATTEST:
ATTEST:
cX./..L.;j ;.JNL-
~
Page 9
COPPEii
*-~",..."",.,....
~ ~ ". "". .' . iIi<
t ,..... . ...
"...,., \"
ATTACHMENT A
..
FREESE-NICHOLS
SCOPE OF SERVICES
FOR
BETHEL & COPPELL ROADS
INFRASTRUCTURE IMPROVEMENTS
PROJECT DESCRIPTION
The CITY is proposing to construct improvements including paving reconstruction, streetscape, storm
drain system, and water lines. The Bethel Road improvements are limited to the area from Freeport
Parkway on the west and Denton Tap Road on the east. The Coppell Road portion of the project is
limited to the area bounded by Bethel Road to the south and Cooper Lane to the north.
The scope of work includes paving improvements as well as streetscape improvements in the historic
downtown area. The replacement of the bridge across Grapevine Creek on Bethel Road is included in
the scope of this project, but a study to evaluate the needs regarding replacement of the structure is
included in the conceptual design phase. The waterlines located along Coppell Road and Bethel Road
will also be replaced. The existing water mains (2", 3", & 8") will be abandoned and connections from
those water mains will tie into the proposed 16" water main. An underground storm sewer system will
be installed where needed to facilitate drainage of the right-of-way and surrounding properties. The
attached exhibits show the existing facilities and proposed improvements included in this project.
The parameters for design of the improvements shall include the following:
. Project control to be based on a local control monumentation provided by the CITY. Field surveys
will be included. Prior to construction, we will provide the initial staking of the monuments and
the proposed centerline. Three (3) permanent control points (X, Y, & Z coordinates of each) shall
be established and marked by the contractor outside of the construction limits for future reference.
. Final plan size to be 22" x 34" for reproducible copies to II" x 17". Scale of plans to be:
I" = 20' Horizontal; I" = 4' Vertical
. Driveway replacement to be made to the property line, unless grade changes in street necessitate
more replacement.
. A construction sequencing plan shall be considered for each area of construction. A detailed traffic
control plan will not be provided by FNI. The contract documents will require that the Contractor
submit a detailed plan to the CITY for review. The Contractor's plan will need to be in accordance
with the phasing established by FNI's sequencing plan.
. All design work will be prepared in AutoCAD 2002, with CD's to be furnished to the CITY upon
completion of the record drawings.
. Submittals to the CITY of work-in-progress shall be at 30%, 60%, 90%, and 100% stages for
completion. For each stage of review, two (2) full size and two (2) half-size sets of drawings will
be furnished to the CITY.
. Standards and typical construction details of the CITY may be referred to in the specifications and
on the drawings.
. This scope of work refers to the Bethel Road crossing of Grapevine Creek as a bridge and the
crossings of Bethel Road and Coppell Road of Stream G I as a culvert. This scope of work
assumes that the engineer for the west Bethel project will design and prepare plans for the culvert
Attachment "A"
Page I of 13
under Bethel Road west of downtown and the channel improvements to its downstream. This
scope of work includes preparation of construction documents for the culvert on Coppell Road
crossing Stream G 1 based on the design report prepared by TranSystems Corportation, dated
December 20, 2002.
. The scope of work assumes that the bridge will be replaced. We will determine during the
conceptual design phase whether the bridge needs to be rebuilt at a higher elevation and/or
widened to accommodate the new roadway section. FNI will provide bridge and foundation design
plans and specifications. The conceptual phase of the project will include review of the bridge
plans to verify that the CITY is in agreement with the proposed improvements. If it is determined
that the bridge does not need to be replaced, we will deduct the fmal design cost from the total
contract amount. This scope of work also includes design of erosion protection of the bridge
structure and minor channel regrading regardless of whether the bridge is reconstructed or the
existing structure is utilized.
FNI shall perform the necessary engineering and related technical services for the Design, Bidding,
and Construction Phase Services, including necessary Special Services for development of this project
according to the following sections of this agreement. The scope is divided into three design phases
including Conceptual, Preliminary and Final Design.
TASK DESCRIPTIONS - SCOPE OF SERVICES
Basic Services
A. Conceptual Design Phase
I. Field Surveys - Survey and prepare a design/topographic survey map for an area 90 feet
wide (45 feet on each side of the centerline) along Bethel Road from Freeport Parkway
to Denton Tap Road, and along Coppell Road from Bethel Road to Cooper Lane.
Survey two drainage areas (stream Gl and Grapevine Creek) on Bethel Road and one
drainage area (stream G I) on Coppell Road for a width of 50 feet past the top banks and
a length of 200 feet above and below the roads. The design/topographic survey will
indicate all surface features, spot elevations, one-foot contours, existing right-of-way
lines, and utilities.
2. Pre-Design
a. Kick-off Meeting - We will meet with the CITY to discuss the planning and
the design criteria, work program and schedule, procedures of communication,
basis of compensation, limits of survey, assignments of personnel, and any
other matters that may have direct or indirect effects upon the completion and
results of this project. Other work and review conferences will be scheduled
throughout the progress of the project.
b. Data Gathering - Obtain, from the CITY, all available property plats
easements, street right-of-way widths, record drawings of the existing
pavement, utilities and drainage systems, planning reports, traffic counts,
Attachment "A"
Page 2 of 13
zoning ordinances and other data that may be pertinent in considering the
alignment, location, final design, and construction of the proposed
improvements.
c. Field Visits - Determine from a field reconnaissance of the project area the
general lay of the land for the paving improvements and other related
appurtenances. This general layout will fIrst address the following:
1. Locations of existing utilities - water, gas, electric, sanitary sewer,
telephone cable, power poles, TV -cable, drainage facilities, traffic
signalization controls, lighting system, etc.
ii. Existing driveways
iii. Availability of right-of-way
iv. Access and convenience for construction operations
v. Crossing of drainage ways and structures
vi. Landscape restoration
vii. Proximity to private property improvements, i.e., fences, mail boxes,
sidewalks, etc.
d. Review the existing masterplan document for the historic downtown area.
e. Conduct a parking analysis for the historic downtown area. The analysis will
include a review of parking needs based on the current zoning. It will also
determine the number of spaces that are currently available. A
recommendation regarding number of spaces for the area will be made based
on this analysis.
f. Evaluate the proposal layout of the new facilities taking the following design
criteria into consideration:
i. Access for fIre, police, and other emergency vehicles
ii. Maintenance for service during construction
iii. Access for property owners to their respective driveways and adjacent
streets.
IV. Minimum inconvenience to adjacent property owners
v. Business parking needs.
g. Take additional photographs and/or videotape to document the existing
conditions at the project site and to identify areas of special concern in design,
drainage, and possible problems to resolve.
h. Conduct one (1) public meeting to discuss the proposed project with the
residents and representatives from the downtown business owners and affected
homeowner's associations to gather data regarding issues and concerns.
1. Develop a maximum of three concept plans based on the data gathered,
parking analysis and survey information. The concept plans will address the
roadway geometry, preliminary storm drain analysis, preliminary utility
Attachment "A" Page 3 of 13
layouts, the historic downtown area parking and streetscape, and concepts for
entry features to the area.
J. Gather data on existing bridge including structure elevations, flow capacity
and condition.
3.Concept Plans
a. Consolidate conceptual design plans, drainage and utility studies,
environmental analysis and public meeting comments into a package for
submittal to CITY for review and approval. Make recommendation
regarding the replacement of the bridge structure.
b. Make modifications to the plan based on CITY staff review and submit to City
Council as a project update.
B. Preliminary Design Phase
1. Geotechnical Investigation - Drill four (4) ten-foot borings for the road improvements.
Prepare a geotechnical investigation report that presents the boring locations, boring
logs, lab test results, a discussion of general subsurface conditions at the bridge site and
along the road improvements and their impact on design. The report will also include a
discussion of construction issues, recommendations for bridge design, backfill for utility
trenches, asphalt-paving section, and stamped concrete section. The City's standard
concrete paving section will be reviewed to determine its suitability for the conditions
encountered.
2. Upon approval of Conceptual Engineering Plans, FNI will prepare preliminary
construction plans as follows:
a. Drainage area maps with drainage calculations and hydraulic computations. A
drainage area map will be drawn from available contour maps. Calculations
regarding street and right-of-way capacities and design discharges at selected
critical locations will be provided.
b. Preliminary project plan and profile sheets showing curb lines, driveways,
sidewalks, elevations at all PVI's and PI's: high and low points, vertical curve
information, and pertinent AASHTO calculations. Existing found property
corners (e.g. iron pins), along the existing right-of-way shall be shown on the
plans.
c. Existing utilities and utility easements will be shown on the roadway plan and
profile sheets. FNI will coordinate with utility companies and the CITY to
ascertain what, if any, future improvements are planned that may impact the
project.
Attachment "A"
d. Horizontal and vertical control plan that locates all proposed and existing
facilities. Legal descriptions (Lot Nos., Block Nos., and Additional Names)
Page 4 ofl3
along with property ownership shall be provided on the plan view.
3. Prepare a Right-of-Way strip map indicating existing and proposed Right-of-Way along
the project limits.
4. Prepare two layouts or options and typical cross-sections for the design of the bridge.
Prepare a preliminary opinion of construction cost estimate for each bridge option.
Provide information regarding environmental permitting that may be required due to the
bridge construction.
5. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas,
telephone, and electric) locations and depths.
6. Field-check preliminary drawings and specifications.
7. FNI will submit the preliminary project plans to the CITY's reviewer for TAS/ADA
review. FNI will prepare the application and make the submittal. It is assumed that the
CITY will provide a check for the fee based on the construction cost per the submittal
requirements. FNI will address comments from the review and revise plans if necessary.
8. Present a preliminary estimate of probable construction cost and two (2) full size sets
and two (2) half-size sets of the plans and specifications to the Staff of the CITY for
review, discussions, and comment. This submittal will be at the 60% completion stage.
9. FNI shall meet with the CITY up to two (2) times during this phase to discuss the
preliminary design.
10. Attend one (1) public meeting to discuss the project with the residents. One objective
of the meeting will be to review the survey data to verify that all driveways are shown
and lot information is accurate. The meeting will also be used to present the conceptual
plans to the area stakeholders. Comments regarding the plans will be obtained and
reviewed to determine if modifications need to be incorporated prior to fmal design.
11. Present the project and preliminary plans to City Council as a project update. The
update will include a summary of the input received at the public meeting.
12. Submit appropriate number of copies of the plans to the utility companies for review
and comment.
c. Final Design Phase - Following CITY approval of the preliminary plans, FNI shall prepare
fmal plans with the following additional tasks:
I. Prepare final cross-sections on 22" x 34" sheets. Information on these sheets will
include centerline station, profile grades and centerline elevations, roadway section
(existing and proposed), right-of-way limits. Scale will be I" = 20" horizontal and I" =
4' vertical with cross sections plotted with stationing from the bottom of the sheet.
Excavation and embankment volumes and end area computations shall also be
provided.
Attachment "A"
Page 5 of 13
2. Prepare a horizontal control sheet with any required easements or right-of-way shown.
3. Prepare a construction sequencing plan that identifies the phasing of the project
including allowable lane and/or street closures.
4. Prepare a Storm Water Pollution Prevention Plan (SW3P) in accordance with the CITY
ordinances, TCEQ guidelines, and/or Federal requirements.
5. Prepare traffic signal plans and specifications for modifications to the signal at the N.
Denton Tap Road intersection and the Coppel1/Bethel Road intersection in accordance
with city design guidelines and standards. Existing signal equipment (i.e. signal heads,
pedestrian indications, etc.) that does not meet current standards will be replaced.
Signal phasing shall be determined and implemented by the CITY.
6. Prepare fmal construction documents, drawings, and specifications for the construction
of the proposed bridge. The proposed bridge is assumed to be a total span of
approximately 120 feet with an approximate width of 60 feet. The bridge is assumed to
be a standard TxDOT precast, prestressed girder bridge or a cast -in-place pan girder
bridge. The plans will also include riprap or armoring as deemed necessary for the
design to protect the structure from erosion. Minor charmel grading may be needed for
the proposed design and will be included in the construction plans.
7. Prepare plans for the streetscape improvements including sidewalks and landscaping per
Old Coppell Master Plan. Streetscape plans will include paving, planting, and irrigation
plans and details.
8. Prepare street light plans. FNI will meet with the CITY to determine the lighting levels
required and to determine the light fixture that will be used. FNI will meet with the
electric company to coordinate service to the new light fIxtures. FNI will perform
lighting level calculations, lighting layouts, electrical plans and electrical specifications
for the installation of the light fIxtures and appurtenances.
9. Finalize any necessary additional design details.
10. Prepare fmal quantity of materials and fmal "Opinion of Probable Construction Costs."
11. Present two (2) full size sets and two (2) half-size sets of the final documents for the
bidding phase to the CITY for approval. This submittal will be at the 90% completion
stage.
12. Attend one (1) public meeting and/or City Council presentation to present the project to
the stakeholders and discuss the schedule for completion of the project.
13. FNI will submit the project plans to the CIYT's reviewer for the TAS/ADA review.
FNI will prepare the application and make the submittal. It is assumed that the CITY
will provide a check for the fee based on the construction cost per the submittal
requirements. FNI will address comments from the review and revise plans if necessary.
Attachment "A"
Page 6 of 13
14. Provide updated plans for the utility companies, if necessary.
15. Meet with the CITY to discuss final review comments prior to preparing bid package.
16. Revise plans to address review comments from the CITY and other agencies affected by
the project.
17. Prepare final bid schedule, special conditions, technical specifications, proposal, and
contract documents.
18. Revise the final "Opinion of Probable Construction Costs" if necessary.
19. Present two (2) full size sets and two (2) half-size sets of the fmal documents for the
bidding phase to the CITY for approval. This submittal will be at the 100% completion
stage and will include a full size reproducible set of plans as well as the complete bid
documents. Anticipated sheet list as follows:
· Cover, vicinity map, sheet index
· General Notes
· Right-of-Way Strip Map
· Typical Sections (3 sheets)
· Horizontal and Vertical Control
· Erosion Control (6 sheets)
· Traffic Control and Sequencing (3)
· Detour Plans (1)
· Paving Plan/Profiles (15 sheets, including II Bethel Road and 4 Coppell Road)
· Drainage Area Map and Calculations (3 sheets)
· Storm Drain Plan/Profiles (6 sheets)
· Bridge Enhancement Plans (2 sheets)
· Storm Drain Laterals (2 sheets)
· Water Plan/Profile ( 6 sheets)
· Traffic Signal Plans (6 sheets)
· Signing, striping, and lighting layouts (6 sheets)
. Cross Sections (15 sheets)
· Landscaping/Streetscaping plans (2l Sheets)
. Details (5 sheets)
20. Present the final project to City Council as a project update.
D. Bid Phase
1. Coordinate the fmal printing of the construction plans and specifications for distribution
to the proposed bidders. FNI will verify with the CITY the number of copies to be
printed prior to proceeding with the final printing.
2. All plans, specifications, and bidding documents will be distributed from FNI's office
for requests received by the bidders and suppliers. Payment for the plans,
Attachment "A"
Page 7 of 13
specifications, and bidding documents will be retained by FNI.
3. Attend pre-bid conference, as directed by the CITY.
4. FNI shall prepare a bid tabulation sheet to be used at the bid opening. The sheet shall
contain the names of all firms that received bid packages, columns for
acknowledgement of addenda, bid bonds and base bid information.
5. Assist the CITY in securing, opening, tabulating and analyzing the bids. Issue a Notice
to Bidders to prospective contractors and vendors listed in FNI's database of
prospective bidders, and to selective plan rooms. Provide a copy of the notice to
bidders for CITY to use in notifying construction news publications and publishing
appropriate legal notice. The cost of publication shall be paid by the CITY. FNI will
furnish recommendations on the award of the contract based on the lowest qualified
bidder. FNI will develop a complete bid tabulation package.
6. Assist the CITY in conducting a pre-bid meeting in order to field bidders' questions and
walk the project.
7. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders
that respond to the Notice to Bidders. Fumish thirteen (13) sets of construction plans
and specification for use by the CITY and Contractor. Additional sets of plans,
specifications, and bid documents as are necessary in the receipt of bids for construction
and as are required in the execution of the construction contracts, shall be furnished by
FNI and shall be paid for by the CITY at actual cost of reproduction.
8. Maintain information on entities that have been issued a set of bid documents.
Distribute information on plan holders to interested contractors and vendors on request.
9. Assist CITY by responding to questions and interpreting bid documents. Prepare and
issue addenda to the bid documents to plan holders, if necessary.
10. FNI will assist CITY in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to determine
if, based on the information available, they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by
the CITY.
E. Construction Phase - Upon completion of the bid phase services, FNI will proceed with the
performance of construction phase services as described below. FNI will endeavor to protect
CITY in providing these services however, it is understood that FNI does not guarantee the
Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation
and employees. FNI shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions and programs
relating in any way to the condition of the premises, the work of the Contractor or any
Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its
own employees or agents) at the Project site or otherwise performing any of the work of the
Project.
Attachment "A"
Page 8 of 13
If general conditions other than FNI standards are used, the CITY agrees to include provisions
in the construction contract documents that will require the construction contractor to include
FNI and their subconsultants on this project to be listed as an additional insured on contractorOs
insurance policies.
1. Attend Pre-Construction Conference with the CITY, the Contractor, and other interested
parties to discuss the total work program and schedule, procedures of communication,
special concerns, coordination with others, additional surveys, field testing and
inspections, assignment of personnel, and any other matters that may have a direct or in-
direct effect upon the completion and results of this improvement program.
2. Attend one (1) public meeting to introduce the Contractor to the residents and discuss
the construction schedule. The meeting will provide the residents with contact
information and allow them to ask questions regarding the construction activities.
3. Provide baseline control staking such that the Contractor(s) can establish horizontal and
vertical alignments per the drawings.
4. Provide general site visits to monitor the progress of construction. This proposal is
based on an 18-month construction period with an estimated maximum of 36 site visits
during construction. During these visits, FNI design team staff will observe the
progress and the quality of work and attempt to determine in general if the work is
proceeding in accordance with the construction contract documents. FNI will provide
written documentation to the CITY of the site visit with observations of work and/or
any concerns. In this effort FNI will endeavor to protect the CITY against defects and
deficiencies in the work of the Contractor and will report any observed deficiencies to
the CITY. Visits to the site in excess of the specified number are an additional service.
5. Review shop and working drawings and other project related submittals furnished by
the Contractor. Notify the Contractor of non-conforming work observed during site
visits. Review quality related documents provided by the Contractor such as test
reports, equipment installation reports or other documentation required by the
construction contract documents. Rebar shop drawings will not be reviewed, they will
be used for "RECORD DATA" purposes only.
6. Interpret the drawings and specifications for the CITY and Contractor. Investigations,
analyses, and studies requested by the Contractor and approved by the CITY, for
substitutions of equipment and/or materials or deviations from the drawings and
specifications are an additional service.
7. Prepare documentation for contract modifications required to implement modifications
in the design of the project. Receive and evaluate notices of Contractor claims and
make recommendations to the CITY on the merit and value of the claim on the basis of
information submitted by the Contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the CITY if
Attachment "A"
Page 9 of 13
appropriate. Providing these services to review or evaluate construction contractor
claim(s) supported by causes not within the control ofFNI are an additional service.
8. Attend, in the company of the CITY, a fmal review of the Project for conformance with
the design concept of the project and general compliance with the construction contract
documents. Review and comment on the certificate of completion and the
recommendation for fmal payment to the Contractor. Visiting the site to review
completed work in excess of two trips is an additional service. Conduct a fmal review
ofthe Project in company with the Contractor and the CITY's representative.
9. Revise contract drawings from information furnished by the Contractor and Resident
Project Representative, and provide one (I) Mylar set of Record Drawings to the CITY.
Record drawings will be submitted in .tiffile format along with an AutoCAD 2002
format of the plans on CD or disk.
F. ROW Documents - Survey and prepare four permanent Right-of-Way expansion documents.
Additional Services - The following services are beyond the scope of basic services described in the
tasks above. However, FNI can provide these services, if needed, upon the CITY's request. Such
services will be provided in accordance with the rates presented in Exhibit B.
A. Prepare images to be used for public meeting and City Council presentations. The images will
be limited to renderings of the proposed streetscape improvements in the historic downtown
area and of the proposed entry features for the downtown area.
B. Prepare Federal Emergency Management Agency (FEMA) LOMR submittal to modify the
FIRM maps to reflect the project's construction.
c. Conduct additional public meetings. The CITY may decide that additional public meetings are
necessary to assist with project relations or for informational purposes.
D. Environmental Permitting
I. Preparation of a 404 permit application for an individual permit.
2. Preparation of applications for other permits that may be identified by the study.
3. Detailed wetland delineation oflarge, complex wetlands.
4. Archeological and historical properties investigations.
5. Surveying of water bodies by a Registered Public Land Surveyor.
6. Preparation of a compensatory mitigation plan.
E. Preparing applications and supporting documents for government grants, loans, or plarming
advances and providing data for detailed applications.
F. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition, and preparations therefore before any regulatory agency, court, arbitration panel or
mediator.
Attachment "A"
Page 10 of 13
G. Assisting CITY in preparing for, or appearing at litigation, mediation, arbitration, dispute
review boards, or other legal and/or administrative proceedings in the defense or prosecution of
claims disputes with Contractor(s).
H. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished
by FNI on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
I. Performing investigations, studies, and analysis of work proposed by construction contractors
to correct defective work.
J. Design, contract modifications, studies or analysis required to comply with local, State, Federal
or other regulatory agencies that become effective after the date of this agreement.
K. Services required to resolve bid protests or to rebid the projects for any reason.
L. Visits to the site in excess of the number of trips included in Article I for periodic site visits,
coordination meetings, or contract completion activities.
M. Any services required as a result of default of the contractor(s) or the failure, for any reason, of
the contractor(s) to cornplete the work within the contract time.
N. Providing services after the completion of the construction phase not specifically listed in
Article 1.
o. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time schedule
directed by the CITY.
P. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
Q. Providing services to review or evaluate construction contractor(s) clairn(s), provided said
claims are supported by causes not within the control ofFN1.
Attachment "A"
Page II of 13
COMPENSATION
A. Basic Services: Compensation to FNI for the Basic Services in Exhibit A shall be the lump
sum as itemized below:
Survey/ROW
Conceptual Design
Geotechnical Investigation
Preliminary Design
Final Design
Bid Phase
Construction Phase
Project Expenses
Total
$ 39,000
$ 41,300
$ 11 ,500
$ 68,600
$268,000
$ 5,500
$ 49,400
$ 25.000
$508,300
If FNI sees the Scope of Services changing so that additional services are needed,
including but not limited to those services described as Additional Services in ExhibitA.
FNI will notify CITY for CITY's approval before proceeding. Additional Services shall
be computed based on the Schedule of Charges.
B. Schedule ofChar2es for Additional Work:
POSITION
PRINCIPAL
GROUP MANAGER
DISCIPLINE LEADER
SENIOR ENGINEER
ENGINEER (PE)
ENGINEER (EIT)
ELECTRICAL ENGINEER
MECHANICAL ENGINEER
ENVIRONMENTAL SCIENTIST
ARCHITECT
LANDSCAPE ARCHITECT
DESIGNER
TECHNICIAN/DRAFTER
OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
OFFICE/CONTRACT ADMINISTRATOR
CO-OP
The ranges and individual salaries will be adjusted annually.
Attachment "A"
MIN
140
120
100
100
85
60
70
60
45
50
80
50
45
55
35
60
30
MAX
185
185
175
165
150
110
150
150
110
125
135
120
80
85
65
85
50
Page 12 of 13
EXPENSES
Plottinl!
Bond
Color
Vellum
Mylar
$ 4.00 per plot
$10.00 per plot
$11.50 per plot
$15.00 per plot
Printinl!
BluelineslBlacklines
Offset and Xerox Copies
Binding
Tape Binding
$0.55 per square foot
$0.15 per side copy
$2.50 per book
$1.00 per book
Travel
$0.360 per mile
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.15. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Dallas and
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other
work required to be done by independent persons other than staff members
Attachment "A"
Page 13 of 13
~
N
I
500' 1000
-
1 "=500'
, .. C I ,'t e..
corrELL
1 t~,~~~-~~~~.:J
-'I "', ' \"
-I
FREESE · NICHOLS
o
--LJ
.5:J
..D
J:J.
'iJ
-0
o =
o
.--;:;:
~
lJLJLQJ 19IUI'::'J ~()O'A2)JjJ ~rll~--allI'~r.Ill[J\-,~
r Of'- CJ~ roEJroUob\t ---~ ~ 00000 <>~\D~
g 0 ~ ~ L:\?:Db~tJD U cttJblr'JTIr1~ OODD[] D<-i'; i:r
IJ M J{'Q/\..F lnr lrl '7~ ~ '<J t}......
D % (J[']lqC'J[;JDO [J[;m Dpl[]IQls'~o:Cr ol5![;JtblooT ~ C5~ ~~ 0
o LT\1n I I r r 'I,lL L 'I ""'-/'. 0 ,I~M/ ~ "
IJ I'J LJ I::=jI:::ololC C:tLlc tJ::'JoD 0 Oh {j 0 IJI-Jr--'/ oeD ~ hJ C/o GJpl i~ ~ ~
o rflo 0 c:JDddJDDDp qB"[,KJ CJ~[]DDOIDD~IL[J kL -R- rJ ~ :------l
["][1:]CJ[J["][J['][J['][':J[Jilo LJ~ ID LJ [JLJ["]CJ[])801f [7 lJ -n ~~ \' '. 0 r
I-'-~ G r[7~L? ~ h ~
CJ CJ[] [;J GJ [JJ CJ [;J [] CJ [JJ [;J [;J [] GJICJ D CJ CJF;J CJ EJ CJ if ~ "'=..... -. ~ '\ '1';5 52 CJ =
-.::uJ &1 Cd u ["] [':J [l, 'r; '11ta1IIII "" [] [J ["] ["] CJ u [? C[] ,:=--;/ ~ f-C"- ~ n t. 0 L
o l.:J ~ [S~.)D"LJD r- u L\
oD ~ ~ GJ [] [;J [JJ [J CJ [JJ GJ [] CJ [JJ Q [;J GJ [J -B :g.l% (bf.( ~:- ~ ~ __ ~ 0
g CJ [':J I. l'l I'" Ei ~LJ~[] 2J uCJ CJ['][']i:C1C] Q k U 'T G ['-, f".-.
D ~ --- Q --=lr'~ c/
o 0 J C::1:J[k][J[]c'JDtscJ\JD~ ~c'JQ[;J[JJo[JD~IGEJ ..~ 1 ~ =- ~v 0 v
fREPLACE CULVERTl ~ hi DUJ (;Jc;JCJCJl?CJ~(;J ~ G c;:j ;~ ~>h c:8 ~ ~t I2 ~~ c?[rS D
\, 1:1 =r~1 ~ 1')~r3~I~~GJ[JP,INM~11;\! ,." J ~ v ~ ~ v
tv hLf 0 0 L.=J ~) / 7 J II-l I [l D 0 V ~ v
a 1 'V 0 y/ - I r 2:J cD '" ~
~ Rt---J ~ )- l~\:;ll ?bEJCJ/S>1 I ~~~fJ~ ~ .
~s 0 // D ~ rf?U -5(~ J \
'- p/ /~ 11 - 0 g ITl- q lw!S2 1; /0KJ Y 0
~ ~ -r:- 0 D TII ~ n <0 r7 H~n TI "'~~ ~ 0 GIJ ~ rI REPLACE BRIDGE ~
Iwr9 g co nfllo ~FlJ ~ lLl J.)[v1 A c;:] 0 ~.)I \ / ~
~ ~ / [l., 0 ~ ~ ~~I I BETHEL ROAU ~ ~) v ~ _ ~ L-
-'t ~ I 0 ~ J [;=' ~ y/ l-l-J~ - ~
~A \~ ~ 0 HISTORIC ~ ~ SIGNAL/ ~
~ a.. DOWNTOWN <( INTERSECTION ~
~ 8 STUDY AREA a.. d M~~ IMPROVEMENTS;.J _
::E SIGNAL ~~ en I\)~ -I/-- r!i
:t IMPROVEMENTS _ #'1 ~ r-..~
^~ ==
\ \ ~ {-4J-9l::~ ~\
\ \ \(l \ ~ ~ ~ ~1
\ - V/ -( J--
- Hr-~
2 - ~
~ - I-
~ ~~-1- = ~
LI
~
l"
L--;
1
/
-1
T
IJ]CIJ I UWl..W
I
l
I
WATERLINE
IMPROVEMENTS
l
F
1
Z0=U-
I
,\
l
[J
::::-
---
-
i
~