ST0702-AG070828
AGENDA REQUEST FORM
DEPT: Engineering
DATE: August 28, 2007
lTEM #: 1 6
THE-CITY.OF
corrELL
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ITEM TYPE: CONTRACT IBID or PROPOSAL
ITEM CAPTION:
Consider approval of an Engineering Services Contract with Freese and Nichols, Inc. to provide professional
engineering and design services for the South Coppell Road Infrastructure Improvements (from Bethel Road to
Southwestern Boulevard), Project ,,!?T 07-02; in an amount not to exceed $164,100.00; as provided for in CIP funds;
and authorizing the City Manager to sign.
GOAL(S):
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EXECUTIVE SUMMARY:
Approval of this agreement will allow the city to move forward with the design for Coppell Road South.
Staff recommends approval of the contract agreement with Freese and Nichols, Inc. and will be available to answer
any questions at the Council meeting.
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
Staff recommends approval of the contract with Freese and Nichols,
Inc.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
M - Brancheau
S - York
Vote - 6-0
Franklin absent
· Libby Ball
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THE.CITY.OF
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kenneth M. Griffin, P.E., Director of EngineeringlPublic Works
DA TE:
August 24, 2007
REF:
Consider approval of an Engineering Services Contract with Freese and
Nichols, Inc. to provide professional engineering and design services for the
South Coppell Road Infrastructure Improvements (from Bethel Road to
Southwestern Boulevard), Project #ST 07-02; in an amount not to exceed
$164,100.00; as provided for in CIP funds; and authorizing the City Manager
to sign.
The agenda item this evening is to award a design contract to Freese & Nichols for the design of
South Coppell Road from Bethel Road to Southwestern Boulevard. The design of South Coppell
Road will have several characteristics that are also found in the design of Bethel Road through
the old part of Coppell. Therefore, we approached the same design consultant that designed
Bethel Road to provide a proposal for design services on Coppell Road. Several years ago we
also broke out a portion of Coppell Road between Bethel and Cooper Lane so Freese & Nichols
could design it, again to keep the continuity of design the same through sections of Old Town.
South Coppell Road currently exists as a two-lane asphalt county-type road with bar ditches on
both sides. Coppell Road will be rebuilt as a 37-foot concrete street with head-in parking on
both sides starting about 400 feet south of Bethel Road and ending north of Burns Street. Staff
recommends approval of entering into a contract with Freese & Nichols, Inc. in the amount of
$164, I 00.00 for the design of South Coppell Road from Bethel Road to Southwestern Boulevard.
Staff will be available to answer any questions at the Council meeting.
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS
Kc'\lOW ALL BY THESE PRESENTS
CITY OF COPPELL
s
s
s
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the 2-0~ay of ~ ,2007, by
and between the City of Coppell acting by and through the City Manager with approval of the
City Council hereinafter referred to as "City", and 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
SOUTH COPPELL ROAD INFRASTRUCTURE IMPROVEMENTS
(from Bethel Rd. to Southwestern Blvd.) PROJECT #ST 07-02
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic Services,
Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by
reference; and
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WHEREAS, this contract shall be administered on behalf of the City by its City
Engineer or his duly authorized representative. The Engineer shall fully comply with any and
all instructions from said City Engineer.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in
connection with the Project as defined herein, and for having rendered such Services the City
agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this
Contract shall be performed under the direct supervision of the City Engineer.
1. Scope of Services,
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. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
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 pan of this Contract upon approval of the
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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 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 Exhibit B Compensation,
Scope of Services. Basic Services Fee shall not exceed the lump sum of One
Hundred Sixty-four Thousand One Hundred Dollars ($164,100.00) 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 One Hundred Sixty-four Thousand One Hundred Dollars ($164,100.00).
C. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I and/or Basic Services Part II on or before the
twenty fifth (25th) calendar day of the month, or the preceding business day if the
twenty fifth occurs on a weekend and/or observed holiday. Payment shall be
based on the invoices submitted to the City, provided that Services completed as
indicated in the Design Progress Reports approved by the City equals or exceeds
the increment percentage requested on the Engineer's invoices. Engineer's
invoices to City shall provide complete information and documentation to
substantiate Engineer's charges and shall be in a form to be specified by the City
Engineer. Should additional documentation be requested by the City Engineer
the Engineer shall comply promptly with such request.
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
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having first obtained specific written authorization from the City. The written
authorization for additional Services shall be in the form of a Modification to the Scope of
Services approved by the City Engineer and/or the City Council, if required.
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 defines the changes to the previously approved Scope of Services, Fee
and/or Project Schedule. Said written Modification shall be approved by Engineer,
authorized by the City Council, if required, and issued by the City Engineer. Issuance of
the approved Scope of Services modification shall constitute a notice to proceed with the
Project in accordance with the modified Scope of Services. The City Engineer may issue
written Modifications to the Scope of Services without prior approval of the City Council
when the modifications are to be accomplished within the authorized Total Maximum Fee
and do not materially or substantively alter the overall scope of the Project, the Project
Schedule or the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall provide the City with one set of reproducibles, one set of bluelines or
hard copy and electronic media of the submittal documents. For any required
environmental assessment, the Engineer shall provide one set of draft and one set of final
Environmental Reports. The Environmental Reports shall be submitted as original
reproducibles and on electronic media. The electronic file may omit photographs and
government prepared maps. If photographs are included in the report they shall be taken
with a 35 mm camera or larger format camera. Color laser copies may be substituted for
the original photographs in the final report.
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
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written instruction from the City.
Services performed after the said
instruction to proceed.
The Engineer shall not be compensated for any
submittals and before receipt of City's written
8. Partnerin~. 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 final 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. En~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. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
their designs, working drawings, tracings, magnetic media and/or computer disks,
estimates, specifications, investigations, studies or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
defect, error or omission in the design, working drawings, tracings, magnetic media
and/or computer disks, estimates specifications, investigations, studies or other
documents prepared by Engineer, its employees, subcontractors, agents and consultants.
Engineer shall indemnify City for damages resulting from such defects, errors or
omissions and shall secure, pay for and maintain in force during the term of this Contract
Page 5
sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with
certificates evidencing such coverage to be provided to the City. The redesign of any
defective work shall be the sole responsibility and expense of the Engineer. Any work
constructed, found to be in error because of the Engineer's design, shall be removed,
replaced, corrected or otherwise resolved at the sole responsibility and expense of the
Engineer. The parties further agree that this liability provision shall meet the
requirements of the express negligence rule adopted by the Texas Supreme Court and
hereby specifically agree that this provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death, to
all persons, including employees of Engineer or any associate consultant, which may
arise from any errors, omissions or negligent act on the part of Engineer, its employees,
agents, consultants or subcontractors, in performance of this Contract, or any breach of
any obligation under this Contract. It is further understood that it is not the intention of
the parties hereto to create liability for the benefit of third parties, but that this agreement
shall be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspIcuoUS.
13. Delays 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 final Design Progress Report submitted by the Engineer
and approved by the City.
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15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and
qualified in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control procedures.
The Engineer further agrees to follow those procedures to the extent that, in the
Engineer's judgment, the procedures are appropriate under the circumstances.
17. Ownership. 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 Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for
inspection and auditing purposes.
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.
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21. No \Vaiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party
of any of its rights or remedies at law or contract.
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local
laws, statutes, City Ordinances, 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 Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
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27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
255 Parkway Blvd.
Coppell Texas 75019
Ken Griffin, P.E., Director of Engineering
Engineer:
Freese and Nichols, Inc.
1701 N. Market Street, Suite 500
Dallas, Texas 75202
Attn: B. Caleb Thornhill, P.E.
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF C
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FREESE AND NICHOLS, INC.
BY:
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Page 9
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COPPELL
EXHIBIT A
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FREESE. NICHOLS
SCOPE OF SERVICES
FOR
SOUTH COPPELL ROAD
INFRASTRUCTURE IMPROVEMENTS
PROJECT DESCRIPTION
The CITY is proposing to construct improvements including paving reconstruction, on-street parking,
storm drain system, and misc. water line connections. The South Coppell Road improvements are
limited to the area from Bethel Road to Southwestern Road.
The 8" and possibly the 2"' vvaterlines located along South Coppell Road will be abandoned. All
connections from this waterline will tie into the existing 16" water main. The existing sanitary sewer
line will not be moved or affected as it appears to be at sufficient depth per record drawings. An
underground stonn sewer system will be installed where needed to facilitate drainage of the right-of-
way and surrounding properties.
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 ]]" x ] T. Scale of plans to be:
1" = 20' Horizontal; 1" = 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.
· All design work will be prepared in AutoCAD 2007, with CD's to be furnished to the CITY upon
completion of the record dra\vings.
· Submittals to the CITY of work-in-progress shall be at 60%, 90%, and 100% stages for
completion. For each stage of review. two (2) full size and two (2) half-size sets of drawings \vill
be fumished to the CITY. Due to the fast track schedule proposed for this project, we have
prepared this proposal such that the typical 30% plan submittal is not included. We proposed
instead to conduct monthly project meetings \vith CITY in which the on-going plan progress \vill
be revievved and design issues discussed.
· Standards and typical construction details of the CITY may be referred to in the specifications and
on the drawings.
· Parking along South Coppell Road will be laid out per exhibit, "Old Coppell - Development
Possibilities Map", provided from the CIT)'. Spaces shall be designed per city standards and
requirements. CITY will be responsible for approval.
· Pavement design will be based on CITY standards as well as the geotechnical infonnation
previously obtained by FT\I for the Bethel Road project. Additional borings and analysis will not
be performed for this project unless the CITY authorizes FNI to proceed with it as an Additional
Service.
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F'\TI 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 follo\\-ing sections of this agreement The scope is divided into two design phases
including Preliminary and Final Design due to the fast track nature of the project
TASK DESCRIPTIONS - SCOPE OF SERVICES
Basic Services
A Preliminary Design Phase
1. Field Surveys - Survey and prepare a design/topographic survey map for an area 100
feet wide (50 feet on each side of the centerline) along South Coppell Road from Bethel
Road to Southwestern Road.
2. Pre-Design
a. Kick-off Meeting - We will meet 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,
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 oftbe 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.
11. Existing driveways
Ill. 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.
TC01\:TRACTS'CoppeJI'S Cappel I RdS Cappelli Rd Scopern8-2Ci-07 doc
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3. FNl \vill prepare preliminary construction plans as follows:
a. Drainage area maps \vith 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,
side\valks, elevations at all PVI's and PI's: high and low points, vertical curve
infonnation, and pertinent AASHTO calculations. Existing found property
comers (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.
d. Horizontal and vertical control plan that locates all proposed and existing
facilities. Legal descriptions (Lot Nos., Block Nos., and Additional Names)
along with property ownership shall be provided on the plan view.
4. Investigate and resolve conflicts with existing utility (water, sewer, drainage, gas,
telephone, and electric) locations and depths.
5. Prepare a Right-of- Way strip map indicating existing and proposed Right-of- Way along
the project limits.
6. Field-check preliminary drawings and specifications.
7. Attend monthly project coordination and design revie\v meetings with CITY staff.
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. Attend one (l) 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 final design.
10. Submit appropriate number of copies of the plans to the utility companies for review
and comment.
B. Final Design Phase - Following CITY approval of the preliminary plans, FNI shall prepare
final plans with the following additional tasks:
T \CONT~1.CTSCoppell\S Coppcll Rd\S Cappelli Rd Scopc.revS-20-07 doc
A-3
]. 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 1" = 20" horizontal and 1 ,. =
4' vertical \vith cross sections plotted with stationing from the bottom of the sheet.
Excavation and embankment volumes and end area computations shall also be
provided.
2. Prepare a horizontal control sheet with any required easements or right-of-way shown.
3. Prepare a construction seq uencing plan in accordance with CITY requirements.
4. Prepare a Ston11 Water Pollution Prevention Plan (SW3P) in accordance with the CITY
ordinances. TCEQ guidelines, and/or Federal requirements.
5. Finalize any necessary additional design details.
6. Attend 1110nthly project coordination and design review meetings with CITY staff.
7. Prepare final quantity of materials and final "Opinion of Probable Construction Costs."
8. Present two (2) full size sets and tv.'O (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.
9. Attend one (1) public meeting present the project to the stakeholders and discuss the
schedule for completion of the project.
10. FNI \vill submit the project plans to the state for the TASf ADA review if necessary.
FNI will prepare the application and make the submittal. It is assumed that the CITY
\vill 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.
11. Provide updated plans for the utility companies, if necessary.
12. Meet with the CITY to discuss final review comments prior to preparing bid package.
13. Revise plans to address review comments from the CITY and other agencies affected by
the project.
14. Prepare final bid schedule, special conditions, technical specifications, proposal, and
contract documents.
15. Revise the final "Opinion of Probable Construction Costs" if necessary.
16. Present t\\'o (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 100% completion
stage and \vill include a full size reproducible set of plans as well as the complete bid
documents. Anticipated sheet list as follows:
T\CONTR/\CTSCoppcIIS Cappel I Rd'S Coppelll Rd SCl'pe _ rc\ 8-20-07 doc
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.
.
.
.
.
.
.
.
.
.
.
.
.
C. Bid Phase
Cover, vicinity map, sheet index
General Notes
Right-of- Way Strip Map
Typical Sections (1 sheets)
Horizontal and Vertical Control
Erosion Control (3 sheets)
Traffic Control, Sequencing, Detour (3 sheets)
Paving Plan/Profiles (5 sheets)
Drainage Area Map and Calculations (2 sheets)
Stonn Drain Plan/Profiles (3 sheets)
Storm Drain Laterals (1 sheets)
Cross Sections (5 sheets)
Details (5 sheets)
I. Coordinate the final printing of the construction plans and specifications for distribution
to the proposed bidders. FNI will verify \vith 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 FNTs office
for requests received by the bidders and suppliers. Payment for the plans,
specifications, and bidding documents \vill be retained by FNI.
3. Attend pre-bid conference, as directed by the CITY.
4. F~I 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 J\'otice
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 notirying 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. Furnish 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.
T \CO'\TRACISCoppeIIS Coppell Rd\S CappellI Rd Scope_ re\8-20-07 doc
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8. I\1aintain infom1ation on entities that have been issued a set of bid documents.
Distribute infom1ation 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 infom1ation provided by the apparent low bidder to determine
if, based on the infonnation 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.
D. 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. F1\iI 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.
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 subconsul tants on this project to be listed as an additional insured on contractorDs
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. assigmnent of persom1el, 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 (I) public meeting to introduce the Contractor to the residents and discuss
the construction schedule. The meeting will provide the residents with contact
infom1ation and allow them to ask questions regarding the construction acti vi ties.
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 a 9-month construction period with an estimated maximum of 6 site visits
during construction. During these visits, FNI design team staff will observe the
progress and the quality of work and attempt to detennine in general if the work is
proceeding in accordance with the construction contract documents. FNI will provide
TCON rR.-\CTS'Coppclrs Coppell Rd'S Coppelll Rd Scopc_rev8-20-07 doc
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\\Titten documentation to the CITY of the site visit with observations of work and/or
any concems. In this effot1 FNI will endeavor to protect the CITY against defects and
deficiencies in the work of the Contractor and \vill 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 fumished 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 dravv'ings 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 Attend, in the company of the CITY, a final revievv 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 final payment to the Contractor. Visiting the site to review
completed work in excess of two trips is an additional service. Conduct a final review
of the Project in company with the Contractor and the CITY's representative.
8. Revise contract dra\vings from information fumished 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 .tif file format along with an AutoCAD fonnat of
the plans on CD or disk.
Additional Services - The follO\ving 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 A.
A. Conduct additional public meetings. The CITY may decide that additional public meetings are
necessary to assist with project relations or for informational purposes.
B. Preparing applications and supporting documents for govemment grants. loans, or planning
advances and providing data for detailed applications.
C. Preparing data and repotts 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.
D. 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 \vith Contractor(s).
T \CONTRACTS,Coppell\S Coppell Rd'S Coppelll Rd Scope. rev8.2().O" doc
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E. 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
AGREE;vfENT.
F. Perfonning investigations, studies, and analysis of work proposed by construction contractors
to correct defective work.
G. 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.
H. Services required to resolve bid protests or to rebid the projects for any reason.
1. 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.
J. Any services required as a result of default of the contractor(s) or the failure, for any reason, of
the contractor(s) to complete the work \vithin the contract time.
K. Providing services after the completion of the construction phase not specifically listed in
Article 1.
L. Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime vI'ages of employees and consultants, inefficiencies in work
sequence and plotting or reproduction costs directly attributable to an accelerated time schedule
directed by the CITY.
M. Providing services made necessary because of unforeseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
N. Providing services to reviev.-' or evaluate construction contractor(s) claim(s), provided said
claims are supported by causes not within the control of FNI.
TCON fR.4CTS\CoppelhS Coppell Rd'S Coppelll Rd Scopc_reI'H-20-0" doc
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COMPENSATION
Exhibit B
A. Basic Services: Compensation to FNI for the Basic Services in Exhibit A shall be the lump sum as
itemized below:
Survey/ROW
Preliminary Design
Final Design
Bid Phase
Construction Phase
Total
$ ] 6,900
$ 37,200
$ 92,300
$ 4,200
$ ] 3.500
$ ] 64, ] 00
If FN I sees the Scope of Services changing so that additional services are needed, including but not
limited to those services described as Additional Services in Exhibit A, FNI will notify OWNER for
O\VNER's approval before proceeding. Additional Services shall be computed based on the Schedule
of Charges
B.
Schedule of Chare:es for Additional Work:
POSITION
PRINCIPAL
GROLP MANAGER
SENIOR ENGINEER
ENGINEER (PE)
ENGINEER (EIT)
ELECTRICAL ENGI1\"EER
MECHANICAL ENGINEER
ENVIROr\MENTAL SCIENTIST
ARCHITECT
LANDSCAPE ARCHITECT
SR. CONSTRUCTION CONTRACT ADMINISTRATOR
CONSTRUCTION CONTR.A.CT ADMINISTRATOR
GIS COORDINATOR
GIS ANALYST
DESIGNER
TECHNICIA~
OPER.-\ TlONS ANALYST
CONTRACT ADMINISTRATOR
WORD PROCESSING/SECRETARIAL
CO-OP
The ranges and individual salaries will be adjusted annually.
TCO)'nJ.C\CTS\(oppclIS Cappel I Rd\S Coppelll Rd Scope_re\8-20-0" doc
MIN
200
200
]55
] 15
85
85
70
55
55
100
105
70
]05
60
50
45
75
65
45
45
MAX
260
260
205
]65
]20
170
170
160
]50
]50
150
] ] 5
] ] 5
90
130
100
105
95
85
60
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EXPENSES
Plottine
Printine.
Bond $ 400 per plot
Color $21.50 per plot
Vellum $] 1.50 per plot
Mylar $15.00perplot
B luelines/Blacklines
Offset and Xerox Copies/Prints
Color Copies/Prints
Binding
$0.55 per square foot
$0.10 per side copy
$0.50 per side copy
$5.75 per book
Computer
Computer Usage
$lO.OO/hour
Travel
48.5c 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.
TCO;-;TRA.C rS\Coppell S Coppell Rd,S Cappelli Rd Scoperev8-20.07 doc
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THE.CITY.OF
--. --- -_._,- ~--"---
COPPELL
August 29, 2007
B. Caleb Thornhill, P.E.
Freese & Nichols, Inc.
1701 Market Street, Suite 500
Dallas TX 75202
RE: Engineering Design Contract
Project #ST 07-02, South Coppell Road Infrastructure Improvements
From Bethel Road to Southwestern Boulevard
Dear Mr. Thornhill:
Enclosed please find the executed contract documents for the above captioned project.
The contract was approved at the August 28, 2007 city council meeting. Please sign and
date where appropriate, including filling in the date on the first page, and return two of
the signed copies to my office. The third copy will be for your records.
If you have any questions or need any additional information, please give me a call.
Sincerely,
K217.h d~PE
Director of Engineering/Public Works
Office: 972-304-3686
Fax: 972-304-7041
kgriffin@ci.coppell.lx.uS
Enclosures
255 PARKWAY * PO BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/3043673