Number 09AGENDA REQUEST FORM
Th. CW' With A H..uMM P'.l.te.
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CITY COUNCIL MEETING: July 14, 1998 ITEM # -:q
ITEM CAPTION:
Consider approval of a Professional Engineering Services Contract with Kimley -Horn and
Associates, Inc. for review of floodplain development and Corridor Development Certificates (CDC) for
compliance with City of Coppell ordinances and Federal Emergency Management Agency (FEMA)
requirements; and authorizing the Mayor to sign.
A PPRO VFD
BY
CITY COUNCIL
DATE
SUBMITTED B . enneth M. Griffin, P.E.
TITLE: Director of Engineering /Pu c Works
STAFF RECD ENDS: APPROVAL
STAFF COMMENTS:
See attached memo.
BUDGET AMT. $ AMT. EST. $ +/- BUD:$
FINANCIAL COMMENTS:
These fees are collected by the City from the developer and forwarded to
Kimley Horn.
DIR. INITIALS: �y FIN. REVIEW CITY MANAGER REVIEW: //-11111
Agenda Request Form - Revised 3/98 Document Name: #eng2
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works r,
RE: Consider approval of a Professional Engineering Services Contract with Kimley -Horn
and Associates, Inc. for review of floodplain development and Corridor Development
Certificates (CDC) for compliance with City of Coppell ordinances and Federal
Emergency Management Agency (FEMA) requirements; and authorizing the Mayor to
sign.
Date: July 14, 1998
At the May 9, 1989 City Council meeting a contract was approved to allow Kimley -Horn and
Associates, Inc. to provide professional engineering services for review of floodplain development
and Corridor Development Certificates (CDC). The fees associated with the original contract have
not been revised since that date. Recently, the City was contacted by Kimley -Horn requesting that the
City reevaluate the contract due to an increase in cost of doing business in the last nine years. The
original fee in 1989 for the review of a Conditional Letter of Map Revision ( CLOMR) was $1000.
Kimley -Horn is requesting that the fee for CLOMR reviews be revised to $2000. In addition,
Kimley -Horn is also requesting a fee of $1000 to review a Letter of Map Revision (LOMR) after the
reclamation project has been completed. As Council is also aware, for development along the Elm
Fork of the Trinity River the City also requires a CDC. Along with the revised fees, Kimley -Horn is
requesting a fee of $1000 for the review of CDC permits.
Summary of Cost:
CLOMR Review
$2,000
LOMR Review
$1,000
CDC Review
$1,000
In essence, most development in Coppell that involves floodplain reclamation will be charged a fee of
$3,000, in lieu of the current $1000. For development along the Elm Fork of the Trinity River the
cost will be $4,000. This includes the $1000 for the CDC review of which the City currently does
not charge a fee.
Staff recommends approval of the contract with Kimley -Horn to provided floodplain review services
for the City of Coppell and will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
July 17, 1998
Fhe City With A Beautiful Future
'.O. BOX 478
;OPPELL.TEXAS 75019
Suzanne M. Sheaffer, Project Manager
Kirnley -Horn and Associates, Inc. -
12700 Park Central Drive, Suite 1800
Dallas, TX 75251
RE: Professional Engineering Services Contract for floodplain review
Dear Ms. Sheaffer:
P.O. Box 478
Coppell, Texas 75019
972 - 462 -0022
The referenced contract was approved at the July 14, 1998 City Council meeting. Attached
is an executed copy of the contract between Kimley -Horn and the City of Coppell for your
file.
We look forward to working with you in the future and if you should have any questions
please feel free to give me a call at (972)304 -3679.
71aCti
ker
Engineering Department
file/kgriffin/ldmlyhn. ltr
❑ � � Kimley -Horn
and Associates, Inc.
July 8, 1998
Ken Griffin, P.E.
Director of Engineering and Public Works
City of Coppell
P.O. Box 478
Coppell, TX 75019 -4409
Dear Ken:
This letter agreement is in response to our meeting and conversations
regarding your floodplain review process.
We can review Conditional Letter of Map Revisions (CLOMRs) that are
submitted to the City for a lump sum fee of $2000 each, which includes
allocated expenses (telephone, copies, regular mail). This lump sum fee
includes review time for a resubmittal after our comments. Should a
resubmittal from a consultant not meet City Standards, we will begin an
hourly rate plus expenses incurred (such as Fed Ex) while working with the
Consultant. It is preferable that the developer submit pictures of the channel
with the CLOMR. This will facilitate meeting the review timeline, which is
two weeks.
It is the City's requirements that a Letter of Map Revision (LOMR) be
submitted once a project is constructed. We can review LOMRs for a lump
sum fee of $1000 each, which includes allocated expenses. Should a LOMR
differ significantly from what was proposed in the CLOMR, additional time
needed to review the LOMR will be at an hourly rate plus expenses incurred.
The review time is estimated to be within two weeks. Should a resubmittal
from a consultant not meet City Standards, we will begin an hourly rate plus
expenses incurred (such as Fed Ex) while working with the Consultant to
resolve issues.
■
TEL 972 770 1300
FAX 972 239 3820
■
Suite 1800
12700 Park Central Drive
Dallas, Texas
75251
®Kimley -Horn Nk. Griffin, July 8, 1998, Page 2
and Associates, Inc.
We can review Corridor Development Certificate (CDC) applications for a
lump sum fee of $1000 each, including allocated expenses. The review time
is estimated to be within two weeks. Should a resubmittal from a consultant
not meet City Standards, we will begin an hourly rate plus expenses incurred
(such as Fed Ex) while working with the Consultant to resolve issues.
Should the City require our services for other needs, we can perform this at
the attached rates.
Please return a signed copy of this agreement to our office to indicate your
approval with the above. We look forward to working with you.
Sincerely, -
KIMLEY -HORN AND ASSOCIATES, INC.
Suzanne M. Sheaffer
Project Manager
SMS /jb
cc: Michelle Evans, file
Attachments: Standard Provisions
Billing Rate Schedule
Agreed to this /`/ftiday of ,4 , 1998.Agreed to this _ day of '1998.
h:\hydro \coppell \gritiin2.wpd
(191�Z
.cam
Tom Whalen, P.E.
Kimley -Horn and Associates, Inc.
Kimley -Horn
and Associates, Inc.
Kimley -Horn and Associates, Inc.
Billing Rate Schedule
Senior Registered Engineer $115-$135
Registered Engineer $90-$115
Engineering Analyst $70-$85
Technician
Support
Effective through June 1999
h Ahydro\coppell \griffin2.wpd
$45 -$70
$45 -$55
KIMLEY -HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(1) Consultant's Scope of Services The Consultant's undertaking to perform professional services extends only
to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the
Consultant, the Consultant will perform additional services ( "Additional Services ") hereunder and shall be
compensated as set forth below. In addition, the Consultant is authorized to perform, and will be similarly
compensated for, Additional Services for services the Consultant deems advisable due to emergencies, errors or
other unanticipated actions by the Client's contractor(s), revised regulations governing the Consultant's services, or
requirements of authorities if, in the Consultant's opinion, the Additional Services are in the Client's interest and
advance authorization cannot be obtained. If such Additional Services are performed, the Consultant will notify the
Client as soon as practical of the necessity and inception of the Additional Services.
(2) Client's Responsibilities In addition to other responsibilities specifically described in this Agreement or
imposed by law, the Client shall have the following responsibilities to the Consultant:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having
complete authority to transmit instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
including all numerical criteria that are to be met and all standards of development,-design, or construction.
(c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new
data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental
impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may
rely.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its
services.
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals
and consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility
services as the Client may require or the Consultant may reasonably request.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that
affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client.
(3) Period of Services Unless otherwise provided herein, the Consultant will begin work timely after receipt of a
fully executed copy of this Agreement and shall complete the services within a reasonable length of time. This
Agreement has been agreed to in anticipation of conditions permitting continuous and orderly progress through the
completion of the Consultant's services. Times for performance shall be extended to the extent necessary for delays
or suspensions due to any circumstances that the Consultant does not control. Such a delay or suspension shall not
terminate this Agreement unless the Consultant elects to terminate pursuant to other provisions of this Agreement.
If such delay or suspension extends for more than six months (cumulatively) for reasons beyond the Consultant's
control, the various rates of compensation provided for elsewhere in this Agreement shall be renegotiated.
(4) Compensation for Services In addition to any basis for compensation herein, the Client shall also pay to the
Consultant all taxes, if any, whether state, local, or federal, levied with respect to amounts paid pursuant to this
paragraph. The Consultant shall be compensated in U.S. dollars. If the Consultant performs Additional Services,
the Client shall pay the Consultant for the performance of those Additional Services an amount (in addition to all
other amounts payable under this Agreement) based upon the Consultant's current hourly rates for the actual time
spent by the Consultant in providing such Additional Services plus an amount to cover certain direct expenses
including in -house duplicating and blueprinting, local mileage, telephone calls, electronic messaging, postage, and
word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design,
analysis, and graphics, etc., will be billed at $25.00 per hour.
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(5) Method of Payment Compensation shall be paid to the Consultant in accordance with the following
provisions:
(a) Invoices will be submitted by the Consultant to the Client monthly for services performed and expenses
incurred during the prior month. Payment of each invoice will be due within 25 days of receipt. Interest will be
added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any
payment due the Consultant for services and expenses within 30 days after the Consultant's transmittal of its
invoice, the Consultant may, after giving 7 days' written notice to the Client, suspend services under this
Agreement until all amounts due are paid in full.
(b) If the Client objects to any invoice, it must so advise the Consultant in writing giving its reasons within 14
days of receipt of the invoice or the Client's objections will be waived, and the amount in the invoice shall
conclusively be deemed due and owing.
(c) If the Consultant initiates legal proceedings to collect payments for services, it may recover, in addition to all
amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the
proceedings. Such expenses shall include the cost, determined at the Consultant's normal hourly billing rates, of
the time devoted to such proceedings by its employees.
(d) The Client acknowledges and agrees that the payment ,for services rendered and expenses incurred by the
Consultant pursuant to this Agreement is not subject to any contingency or condition.
(6) Use of Documents All documents, including but not limited to drawings, specifications and data or programs
stored electronically, prepared by the Consultant are related exclusively to the services described in this agreement.
They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of
this project or on any other project. Any modifications made by the Client to any of the Consultant's documents, or
any partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the
Client's sole risk and without liability or legal exposure to the Consultant, and the Client shall indemnify, defend
and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to
attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further
compensation at rates to be agreed upon by the Client and the Consultant.
(7) Opinions of Cost Because the Consultant does not control the cost of labor, materials, equipment or
services furnished by others, methods of determining prices, or competitive bidding or market conditions, any
opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials,
shall be made on the basis of its experience and represent its judgment as an experienced and qualified
professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or
actual costs will not vary from opinions of cost prepared by it. If at any time the Client wishes greater assurance
as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to
bring costs within any limitation established by the Client will be paid for as Additional Services by the Client.
(8) Termination The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party. In the event of any termination, the Consultant shall
be paid for all services rendered to the effective date of termination, all expenses subject to reimbursement, and
other reasonable expenses incurred by the Consultant as a result of such termination. In the event the Consultant's
compensation under this Agreement is a fixed fee, the amount payable to the Consultant for services rendered will
be a proportional amount of the total fee based on the ratio of the amount of the work done, as reasonably
determined by the Consultant, to the total amount of services which were to have been performed, less prior partial
payments.
(9) Insurance The Consultant is protected by Workers' Compensation insurance, professional liability insurance,
and public liability insurance for bodily injury and property damage and will exchange certificates of insurance
upon request. If the Client specifically directs the Consultant to obtain increased insurance coverage, or if the
nature of the Consultant's activities requires additional Workers' Compensation or similar insurance coverage, the
Consultant will take out such additional insurance, if obtainable, at the Client's expense.
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(10) Liability In performing its professional services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or
similar locality at the time the services are provided. No warranty, express or implied, is made or intended by the
Consultant's undertaking herein or its performance of services. The Consultant agrees that during the period in
which an action otherwise could be brought against it the Consultant will hold the Client harmless from loss,
damage, injury, or liability arising directly and solely from the negligent acts or omissions of the Consultant, its
employees, agents, subcontractors and their employees and agents but only to the extent set forth as follows. To the
fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the
aggregate of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the
Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause
or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of
contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees,
agents, and subconsultants, shall not exceed the total compensation received by the Consultant under this
Agreement or $25,000, whichever is greater. Under no circumstances shall the Consultant be liable for lost profits
or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to
the failure of contractors to perform work in accordance with the plans and specifications.
(11) Certifications The Consultant shall not be required to execute any certifications or other documents that in
any way might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability or cost of
its insurance.
(12) Expenses of Litigation If litigation or arbitration related to the services performed is initiated against the
Consultant by the Client, its contractors, or subcontractors, and such proceeding concludes with the entry of a
judgment or award favorable to the Consultant, the Client shall reimburse the Consultant its reasonable attorneys'
fees, reasonable experts' fees, and other expenses related to the proceeding. Such expenses shall include the cost,
determined at the Consultant's normal hourly billing rates, of the time devoted to the proceedings by the
Consultant's employees.
(13) Dispute Resolution All claims, counterclaims, and disputes between the Client and the Consultant arising
out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association. Failing to reach agreement thereby and if then
agreed to by the parties, the matter shall then be submitted to binding arbitration. Any mediation, arbitration or civil
action must be commenced within one year of the accrual of the cause of action asserted but in no event later than
allowed by applicable statutes.
(14) Hazardous Substances and Conditions
(a) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant to perform any
services or to make any determinations involving hazardous substances or conditions, as defined by federal or state
law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or
remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for
isolation, removal, or remediation.
(b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of
services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant will
stop affected portions of its services. The parties shall decide if Consultant is to proceed with testing and evaluation
and may enter into further agreements as to the additional scope, fee, and terms for such services.
(c) If the services to be performed by the Consultant cannot be performed because of the actual or suspected
existence of a hazardous substance or condition different from that contemplated in the scope of services, the Client
shall be deemed to have substantially failed to perform in accordance with the terms of this Agreement for the
purpose of termination under paragraph (8).
(d) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly
undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify,
and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way
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arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of
any kind, or environmental liability of any nature, in any manner related to services of the Consultant.
(15) Construction Phase Services
(a) If the Consultant's scope of services or Additional Services include the preparation of documents to be used for
construction, the Consultant's offer to prepare these documents is predicated on being retained and paid for
conducting visits to the construction site at appropriate intervals. The Consultant shall not be responsible for any
interpretation of the intent of its documents if it is not retained and paid for periodic site visits.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of
endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will
generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in
accordance with the contract documents.
(c) The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible
for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant
for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made
additional insureds under the contractor's general liability insurance policy.
(16) Assignment and Subcontracting Nothing in this Agreement gives any rights or benefits to anyone other
than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of the Client and the Consultant and not for the benefit of any other party. Neither
the Client nor the Consultant shall assign, sublet, or transfer any rights under or interest in this Agreement without
the written consent of the other. However, nothing contained herein shall prevent or restrict the Consultant from
retaining independent professional associates, subconsultants, and suppliers as the Consultant may deem appropriate
to assist in the performance of its services.
(17) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the'
project and to the use by the Consultant of facts, data and information obtained by the Consultant in the
performance of its services. If, however, any facts, data or information are specifically identified in writing by the
Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Texas. This
Agreement shall bind, and the benefits thereof shall inure to, the parties hereto, their legal representatives,
executors, administrators, successors and assigns. This Agreement contains the entire and fully integrated
agreement between the parties, and supersedes all prior and contemporaneous negotiations, representations,
agreements or understandings, whether written or oral. This Agreement can be supplemented or amended only by a
written document executed by both parties. Any provision in this Agreement that is prohibited or unenforceable in
any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any
other jurisdiction. The non - enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
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