HomeMy WebLinkAboutCity Council Resolutions (R-02-2011)-08/20/2002
RESOLUTION R-02-2011
A RESOLUTION APPROVING A DESIGN CONTRACT WITH FREESE AND
NICHOLS, INC., FOR INTERSECTION IMPROVEMENTS ON JOHN MCCAIN ROAD
AT WESTCOA T DRIVE
WHEREAS, the Colleyville City Council desires to improve intersections throughout
the City to enhance mobility; and
WHEREAS, the intersection improvements will increase safety resulting in more
efficient intersections; and
WHEREAS, On August 8, 2002, Council gave approval to proceed with the design of
the John McCain Road at Westcoat Drive Intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the design contract with Freese and Nichols, Inc., in the amount of
$24,500, as hereby attached as Exhibit "A", is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF LAYES, 0 NAYS, AND 0 ABSTENTIONS ON
THISTHE.,Zo>>'l DAY OF ~t2002.
ATTEST:
0~~
Cynthia Singleton, TRMC
City Secretary
A
C E N T U R Y
o F
SERVICE
Exhibit" A"
FREESE-NICHOLS
August 9, 2002
Mr. Chris Steubing, P.E.
City of Colleyville
P.O. Box 185
5400 Bransford Road
Colleyville, TX 76034
Re: Proposal for Engineering Services
John McCain Road at Westcoat Drive Intersection
Dear Mr. Steubing:
In response to your recent request, we are pleased to submit this proposal for providing
professional engineering services for improving the intersection of John McCain Road at
Westcoat Drive.
SCOPE OF SERVICES
Freese and Nichols (Engineer) will render the following professional services in connection with
the intersection design of John McCain Road at Westcoat Drive.
1. Attend a kickoff meeting with the City to review the scope of services,
communication procedures, and to gather input regarding the project, its goals and
purposes.
2. Provide a topographic survey for the limits of improvements. Obtain ownership
information along with deeds and plats of the parcels adjacent to the survey. Locate
property comers of the affected parcels of land. We do not anticipate and have not
included any right-of-way acquisitions for this intersection.
3. Develop Conceptual Engineering Plan for City review and approval. Conceptual
Engineering Plan shall be layout of the proposed curb lines, medians, and driveway
approaches,
4. Develop Preliminary Engineering Plan for City review and approval.
Freese and Nichols, Inc.
4055 International Plaza
817-735-7300
Engineers Environmental Scientists Architects
Suite 200 Fort Worth, Texas 76109-4895
Fax 817-735-7491 www.freese.com
Mr. Chris Steubing
August 9, 2002
Page 2
5. Develop Final Engineering Plan for City review and approval.
6. Design elements included in this proposal are:
- Paving/Grading Plan for John McCain Road at Westcoat Drive intersection
improvements. Intersection Improvements to include providing a free right turn
with comer island from northbound Westcoat Drive to eastbound John McCain
Road. The intersection will include a 3-way stop or other alternative.
- The intersection will be curbed, inlets will be placed as necessary, and the storm
drainage will outfall to the creek crossing east of the intersection.
- Conduits will be placed for a future signal.
- Develop Utility Adjustments Plan for limits of construction. No major utility
relocations are anticipated for limits of paving at this location.
- Erosion Control Plan
- Signage and Pavement Marking Plan
7. Assist the Owner in Bid Phase, attending a Pre-bid Conference.
8. With information provided by the Owner about the City's utilities and information
obtained from franchise utility companies, indicate existing utilities on the plan
sheets.
9. Prepare an opinion of construction costs for each submittal.
10. Attend progress meetings with the Owner over the course of the design to review
progress and identify design issues. Progress meetings will be limited to 5.
The minimum survey information to be provided on the plans shall include the following:
1. A Project Control Sheet showing all Control Points, used or set while gathering data
at a scale of not less than 1 :400,
2. The following information about each Control Point:
a. Identified (Ex. City Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a referred
bearing base. Z coordinate on OWNER's Datum only.
Mr. Chris Steubing
August 9, 2002
Page 3
c, Description Location
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., In the same
coordinate system, as the Control.
4. No less than two horizontal control points, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
A. Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff area
and existing street, right-of-way and storm sewer capacities for the subject site. A
drainage area map will be drawn at 1" = 200' scale from available contour maps.
Calculations regarding street and right-of-way capacities and design discharges as
applicable at selected critical locations will be provided. Capacities of existing storm
drain will be calculated and shown. The ENGINEER's responsibility includes
recommendations for improvements of the existing system as deemed reasonable and
consistent with City standards. It is the understanding of the Engineer there will not be
any modifications to the existing culvert at the creek crossing east of the intersection.
B. Conceptual Engineering Plan Submittal
1. Conceptual plans shall be submitted to City in accordance with the schedule after
Notice to Proceed Letter is issued.
2, The ENGINEER shall furnish four (4) copies of the Phase 1 concept engineering
plans which include layouts, preliminary right-of-way needs(if required) and cost
estimates for the ENGINEER's recommended plan.
C. Preliminary Engineering
Upon approval of Conceptual Engineering Plan, ENGINEER will prepare construction
plans as follows:
1. Drainage area maps with drainage calculations and hydraulic computations.
Mr. Chris Steubing
August 9,2002
Page 4
2, Preliminary project plan and grading sheets which will show the following:
Curb Lines (or edge of pavement)
Driveways
Medians (if applicable)
3. Proposed roadway profile grades and elevations along each curb line; elevations at
all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right-of-way lines shall be shown. Existing found property
comers (e.g. iron pins), along the existing right-of-way shall be shown on the plans.
Profiles for existing and proposed storm drain mains and leads shall be provided.
4. Existing utilities and utility easements will be shown on the roadway plan and profile
sheets. ENGINEER will coordinate with utility companies and the OWNER to
ascertain what, if any, future improvements are planned that may impact the project.
5. Street and intersection layouts.
6. Adequate horizontal and vertical control shall be provided on the plan sheets to
locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos.,
and Addition Names) along with property ownership shall be provided on the plan
VIew.
D. Utility Clearance Phase
The ENGINEER will consult with the OWNER's Water Department, Department of
Engineering, and other departments, public utilities, private utilities, private utilities and
government agencies to determine the approximate location of above and underground
utilities, and other facilities that have an impact or influence 'on the project. ENGINEER
will design OWNER's facilities to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans (11 "xl?") to the OWNER's Utility Coordinator for forwarding to all
utility companies, which have facilities within the limits of the project.
E, Preliminary Construction Plan Submittal
1. Preliminary construction plans and specifications shall be submitted to OWNER in
accordance with the schedule after approval of Conceptual Engineering Plan.
Mr. Chris Steubing
August 9, 2002
Page 5
2. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two
(2) specifications to OWNER for review.
3. The ENGINEER shall submit a preliminary opinion of probable construction cost
with the preliminary plans submitted. ENGINEER shall assist OWNER in selecting
the feasible and/or economical solutions to be pursued.
F. Review Meetings with the City
The ENGINEER shall meet with OWNER to discuss review comments for preliminary
submittal. The OWNER shall direct the ENGINEER in writing to proceed with Final
Design for Final Review.
G. Final Engineering Plan Submittal
1. Final Construction Documents shall be submitted to OWNER in accordance with the
schedule after approval of Preliminary Construction Plans.
Following O~ER approval of the recommended improvements, the ENGINEER
shall prepare final plans and specifications and contract documents to OWNER (each
sheet shall be stamped, dated, and signed by the ENGINEER) and submit two (2)
sets of plans and construction contract documents within 15 days of OWNER's final
approval.
2. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the
final plans submitted,
PRE-CONSTRUCTION ASSISTANCE
I. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by the OWNER, up
to 30 sets of the final approved and dated plans and specifications and contract
documents for the projects to the OWNER for distribution to potential bidders.
Proposal will be provided in electronic format.
Mr. Chris Steubing
August 9, 2002
Page 6
2. Bidding Assistance
The ENGINEER shall assist the OWNER during phase including preparation and
delivery of addenda to, responses to questions submitted to the OWNER by
prospective bidders. ENGINEER shall attend the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening(s), develop bid tabulations in
hard copy and electronic format and submit four (4) copies of the bid tabulation.
3. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the OWNER on design and/or
construction changes, if necessary.
ITEMS NOT INCLUDED IN THIS PROPOSAL
Public Involvement
Geotechnical Investigation and Pavement Section Design
Right of Way AcquisitionlNegotiation
Street Lighting Design (other than providing lighting at proposed signals)
Traffic Signal Design
Landscaping/Irrigation Design
Full Time Inspection during Construction Phase
Construction Staking
Phasing Plan
TIME OF COMPLETION
FNI is authorized to commence work on the Project upon execution of this AGREEMENT and
agrees to complete the services in accordance with the following schedule:
Conceptual Engineering Plan
Preliminary Engineering Plan
Final Engineering Plan
45 days (after receipt ofNTP)
30 days (after receipt of Concept. Eng. review comments)
60 days (after receipt of Prelim. Eng. review comments)
Mr. Chris Steubing
August 9, 2002
Page 7
COMPENSATION
FNI proposes to provide these services for a not to exceed fee as outline in the table below for all
professional services rendered under this agreement, as outlined in the Scope of Services above.
The total not to exceed fee is based on both locations being designed as one complete set. The
fee is broken out into the individual intersections for clarity.
Item
Topographic Design Survey
Conceptual/Preliminary Engineering Plan
Final Engineering Plan
Bid Phase/General Representation
Expenses (Com/Juter,Printinf!, Travel)
Cost
$ 4,620.00
$ 5,880.00
$ 9,950.00
$ 2,150.00
$ 1,900.00
$ 24,500.00
Not to Exceed Total
$ 24,500.00
We appreciate this opportunity to submit this proposal. If additional information or clarification
is desired, please do not hesitate to contact us. If you are in agreement with this proposal, please
notify us and we will initiate contract proceedings.
Sincerely,
~~;Z tP
Samuel L. Atkins
[OFF0204\ ]T:\Colleyville\Scope-John McCain Westcoat.doc
City of Colleyville Proposal for Engineering Services (John McCain Road at Westcoat Drive Intersection)
Topographic Design Survey $4,620.00
Conceptual/Preliminary Engineering Plan $5,880.00
Final Engineering Plan $9,950.00
Bid Phase/General Representation $2,150.00
Expenses (Computer, Printing, Travel) $1,900.00
Total $24,500.00
Topographic Design Survey
Actual Cost $4,200
Multiplier 1.1
Total $4,620 $4,620.00
Conceptual/Preliminary Engineering Plan $5,880
Rate Hours Cost
Richard Kelley $49.37 8 $394.96
Sam Atkins $29.09 48 $1,396,32
Chris Bosco $24.57 50 $1,228.50
Lionel Carlos $28.04 102 $2,860.08
Subtotal $5,879,86 $5,880.00
Final Engineering Plan $9,950
Rate Hours Cost
Richard Kelley $49,37 4 $197.48
Sam Atkins $29,09 72 $2,094.48
Chris Bosco $24.57 72 $1,769.04
Lionel Carlos $28,04 210 $5,888.40
Subtotal $9,949.40 $9,950.00
Bid Phase/General Representation $2,150,00
Rate Hours Cost
Richard Kelley $49,37 2 $98.74
Sam Atkins $29.09 20 $581.80
Chris Bosco $24.57 21 $515.97
Lionel Carlos $28.04 34 $953.36
Subtotal $2,149,87 $2,150.00
Expenses $1,900.00
Computer $1 ,350
Printing $250
Travel $300
Subtotal $1,900 $1,900.00
TOTAL $24,500.00
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS 9
COUNTY OF TARRANT 9
This AGREEMENT is entered into by the City of Colleyville, hereinafter called "OWNER" and Freese and Nichols,
Inc., hereinafter called "FNI". In consideration of the AGREEMENTS herein, the parties agree as follows:
I. EMPLOYMENT OFFNI: In accordance with the terms of this AGREEMENT: OWNER agrees
to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER
agrees to pay to FNI compensation. The Project is described as follows: Intersection improvements for
John McCain Road at Westcoat Drive,
n. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in
Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of
this AGREEMENT.
ill. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this
AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part
of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" for a
not-to-exceed fee of $ 24,500.00. Details concerning the fee are included in Attachment CO.
If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 90
days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of
compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and
reactivation and the fact that the time for performance under this AGREEMENT has been revised.
N. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as
Attachment TC shall govern the relationship between the OWNER and FNI.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone
other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for
the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written
or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the 20th day of August, 2002.
ATTEST:
[Jd/- 1iT;C
CITY OF COLLEYVILLE
(O~J
By ~~
ATTEST:
~~
FREESE AND NICHOLS, INe.
(FNI)
By: pv-/ ~
R :\Contract\2002\Contract\ColleyvilJe- W estcoat. doc
FNI X! /L.
OWNER t,JK~
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSmILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
1. Attend a kickoff meeting with the City to review the scope of services, communication
procedures, and to gather input regarding the project, its goals and purposes.
2. Provide a topographic survey for the limits of improvements. Obtain ownership information
along with deeds and plats of the parcels adjacent to the survey. Locate property comers of
the affected parcels of land. We do not anticipate and have not included any right-of-way
acquisitions for this intersection.
3. Develop Conceptual Engineering Plan for City review and approval. Conceptual Engineering
Plan shall be layout of the proposed curb lines, medians, and driveway approaches.
4. Develop Preliminary Engineering Plan for City review and approval.
5. Develop Final Engineering Plan for City review and approval.
6. Design elements included in this proposal are:
- Paving/Grading Plan for John McCain Road at Westcoat Drive intersection
improvements. Intersection Improvements to include providing a free right turn with
comer island from northbound Westcoat Drive to eastbound John McCain Road. The
intersection will include a 3-way stop or other alternative.
- The intersection will be curbed, inlets will be placed as necessary, and the storm
drainage will outfall to the creek crossing east of the intersection.
- Conduits will be placed for a future signal.
- Develop Utility Adjustments Plan for limits of construction. No major utility relocations
are anticipated for limits of paving at this location.
- Erosion Control Plan
- Signage and Pavement Marking Plan
7. Assist the Owner in Bid Phase, attending a Pre-bid Conference.
8. With information provided by the Owner about the City's utilities and information obtained
from franchise utility companies, indicate existing utilities on the plan sheets.
9. Prepare an opinion of construction costs for each submittal.
10. Attend progress meetings with the Owner over the course of the design to review progress and
identify design issues. Progress meetings will be limited to 5.
The minimum survey information to be provided on the plans shall include the following:
SC-I
FNI iL/L
,
OWNER vJ~
R:\Contract\2002\Contract\CoIleyville- W estcoat.doc
ATTACHMENT SC
1. A Project Control Sheet showing all Control Points, used or set while gathering data at a scale
of not less than 1 :400.
2. The following information about each Control Point:
a. Identified (Ex. City Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base.
Z coordinate on OWNER's Datum only.
c. Description Location
3. Coordinates on all P.C. 's, P.T.'s, P.L's, Manholes, Valves, etc., in the same coordinate system,
as the Control.
4. No less than two horizontal control points, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
A. Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff area and
existing street, right-of-way and storm sewer capacities for the subject site. A drainage area
map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding
street and right-of-way capacities and design discharges as applicable at selected critical
locations will be provided. Capacities of existing storm drain will be calculated and shown.
The ENGINEER's responsibility includes recommendations for improvements of the existing
system as deemed reasonable and consistent with City standards. It is the understanding of
the Engineer there will not be any modifications to the existing culvert at the creek crossing
east of the intersection,
B. Conceptual Engineering Plan Submittal
1. Conceptual plans shall be submitted to City in accordance with the schedule after Notice to
Proceed Letter is issued.
2. The ENGINEER shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs(if required) and cost estimates for the
ENGINEER's recommended plan.
C. Preliminary Engineering
Upon approval of Conceptual Engineering Plan, ENGINEER will prepare construction plans as follows:
1. Drainage area maps with drainage calculations and hydraulic computations.
SC-2
FNI R /L
OWNER WK.:y-
R :\Contract\2002\Contract\Colleyville- W estcoat.doc
ATTACHMENT SC
2. Preliminary project plan and grading sheets which will show the following:
Curb Lines (or edge of pavement)
Driveways
Medians (if applicable)
3. Proposed roadway profile grades and elevations along each curb line; elevations at all p. v.i. 's;
p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO
calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-
way lines shall be shown. Existing found property corners (e.g. iron pins), along the existing
right-of-way shall be shown on the plans. Profiles for existing and proposed storm drain
mains and leads shall be provided.
4. Existing utilities and utility easements will be shown on the roadway plan and profile sheets.
ENGINEER will coordinate with utility companies and the OWNER to ascertain what, if any,
future improvements are planned that may impact the project.
5, Street and intersection layouts.
6. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all
proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition
Names) along with property ownership shall be provided on the plan view.
D, Utility Clearance Phas~
The ENGINEER will consult with the OWNER's Water Department, Department of
Engineering, and other departments, public utilities, private utilities, private utilities and
government agencies to determine the approximate location of above and underground utilities,
and other facilities that have an impact or influence on the project. ENGINEER will design
OWNER's facilities to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans
(11 "xI?") to the OWNER's Utility Coordinator for forwarding to all utility companies, which
have facilities within the limits of the project.
E. Preliminary Construction Plan Submittal
1. Preliminary construction plans and specifications shall be submitted to OWNER In
accordance with the schedule after approval of Conceptual Engineering Plan.
2. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2)
specifications to OWNER for review,
3. The ENGINEER shall submit a preliminary opinion of probable construction cost with the
preliminary plans submitted, ENGINEER shall assist OWNER in selecting the feasible
and/or economical solutions to be pursued.
SC-3
FNI /21t!.
OWNERW~
R :\Contract\2002\Contract\Colleyville- W estcoat.doc
ATTACHMENT SC
F. Review Meetings with the City
The ENGINEER shall meet with OWNER to discuss review comments for preliminary
submittal. The OWNER shall direct the ENGINEER in writing to proceed with Final Design for
Final Review.
G. Final Engineering Plan Submittal
1. Final Construction Documents shall be submitted to OWNER in accordance with the
schedule after approval of Preliminary Construction Plans.
Following OWNER approval of the recommended improvements, the ENGINEER shall
prepare final plans and specifications and contract documents to OWNER (each sheet shall be
stamped, dated, and signed by the ENGINEER) and submit two (2) sets of plans and
construction contract documents within 15 days of OWNER's final approval.
2. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost with the final
plans submitted.
PRE-CONSTRUCTION ASSISTANCE
1. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by the OWNER, up to 30 sets
of the final approved and dated plans and specifications and contract documents for the
projects to the OWNER for distribution to potential bidders. Proposal will be provided in
electronic format.
2, Bidding Assistance
The ENGINEER shall assist the OWNER during phase including preparation and delivery
of addenda to, responses to questions submitted to the OWNER by prospective bidders,
ENGINEER shall attend the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening(s), develop bid tabulations in hard copy
and electronic format and submit four (4) copies of the bid tabulation.
3. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the OWNER on design and/or construction
changes, if necessary.
SC-4
FNI fjL
OWNER t.J kr
R:\Contract\2002\Contract\Colleyville- Westcoat.doc
ATTACHMENT SC
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
A. Maklng property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
B. Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
C. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications,
D. 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.
E. 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.
F. 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 OWNER.
G. Developing display materials for and attending meetings for public involvement.
H. Providing geotechnical investigations and pavement section design.
I. Street lighting design.
J, Traffic signal design.
K. Landscaping and irrigation design.
L. Providing full time inspection during Construction Phase.
M. Providing construction staking.
N. Providing phasing plans.
SC-5
FNI t I.L
OWNER ~ ~
R:\Contract\2002\Contract\Colleyville- Westcoat.doc
ATTACHMENT SC
ARTICLE ill
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services in accordance with the following schedule:
Conceptual Engineering Plan
Preliminary Engineering Plan
Final Engineering Plan
45 days (after receipt ofNTP)
30 days (after receipt of Concept. Eng. review comments)
60 days (after receipt of Prelim. Eng. review comments)
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule
consistent with the number of days of delay. These delays may include but are not limited to delays in
OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental
approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this
AGREEMENT and in Attachment CO.
ARTICLEN
RESPONSffiILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not
to delay the services of FNI:
A. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. SHeR fl6TG8R sRall Rave 8eHtr:aet ltYtRerity te tFaHsmit
iflstmetiefts, ree6ive iHFoffiiEffioft, iH1eFflret aRe c1etifte OVlNER's flelieies ItHd dooi3i6Hs ..,itfi respeet
to FNI's ser"is8s fer tA8 Prgj8Ct.
B. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
C. Arrange for Assist by requesting utilities locations through the One Call system.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
E. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of
this AGREEMENT or other services as required.
F. Bear all costs incident to compliance with the requirements of this Article IV.
SC-6
FNI ;fl~
OWNERW~
R :\Contract\2002\Contract\Colleyville- W estcoat. doc
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative-
FNI's Project Manager -
FNI's Accounting Representative -
R:\Contracl\2002\Contracl\CoIleyville- W eSlcoal.doc
Name: Keith Fisher
Address: P.O, Box 185
Phone: (817) 577-7587
Fax: (817) 577-7562
E-mail: fisherk@cLcolleyville.tx.us
Samuel L. Atkins
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7363
Fax: (817) 735-7491
E-mail: sla@freese.com
Terri Witcher
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7339
Fax: (817) 735-7491
E-mail: ttw@freese.com
SC-7
FNI .L IL
OWNER W t~
ATTACHMENT CO
COMPENSA TION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the
Schedule of Charges but shall not exceed $24,500.00, 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 Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding.
Additional services shall be computed based on the Schedule of Charges.
B. Schedule of Char2es:
Staff Member
Salary Cost Times Multiplier of 2.0188
Resident Representative
Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for the time directly chargeable to the project, plus social security contributions,
unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity
payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.5851 times
payroll. This factor is adjusted annually,)
Other Direct Expenses
Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly
related to the work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members.
Rates for In-house Services
Computer and CAD
Calcomp Plotter
PC CAD Stations
Interpro
PC Stations
V AX Computer
$] 0.00 per connect hour
$12.50 per connect hour
$ 8.00 per connect hour
$20.00 per connect hour
Bond $ 2.00 per plot
Color $ 3.50 per plot
Vellum $ 4,00 per plot
Mylar $] 0.00 per plot
Print Shop
Bluelines
Offset and Xerox Copies
Offset and Xerox Copies
GBC Binding (Regular Cover)
GBC Binding (Emboss. Cover)
Tape Binding (Regular Cover)
Tape Binding (Emboss. Cover)
$ 0.07 per square foot
$ 0.07 per single side copy
$ 0.] 4 per double side copy
$ 2.00 per book
$ 4,00 per book
$ 1.75 per book
$ 3,75 per book
4-29-95
CO-]
FNI .e/C
OWNER WKl"
R:\Contract\2002\Contract\ColIeyville- W estcoat.doc
01-01-02
ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Colleyville, Texas. The term FNI as used herein refers
to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein,
Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under
this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services
under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTLt,&L D.4&M.....CES: la 80 eveat shall FNI or its subeoBtraetors Be liable ia eoatraet, tort, striet liability,
warranty, or otherwise for an)' sfJeeial, iadireet, ilUJiaeRtal or eoasequeatial damages, sueR as loss of fJroduet, loss of use of the
eqaipmeRt or system, loss of antieipated I"rofits Elr re'leal:le, Roa operatiea or iaereasea eJlpeaSe of opefatioa or other
equipmeRt Sf systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner aRd Ov.Rer agrees to iRaemaify aRa hold FNI
harmless from MY aad all elaims aad judgmeats, aad all losses, (;lasts aRd expeases arisiRg therefrom. FNI shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(;\lllimits iR thsusaRds):
Commercial General Liability
General Aggregate $2,000,000
Workers' Compensation
Each Accident $500,000
Automobile Liability (Any Auto)
CSL $1,000,000
Professional Liability
$3,000,000 Annual Aggregate
7. SUBCONTRACTS: If, forany reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shalf create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for
services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or'others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to
FNI's independent associates or consultants, and OV/Rer shall iademRify aRa hold harmless FNI aad FNI's iRdepeRdeat
assoeiates aRa eoasultaats from all elaims, damages, losses aad eJlfleases iReh:ldiRg attoraeys' fees arisiag oat of or
resl:lltiBg therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may
reuse all drawings, report data and other project information in the execution of the Services provided under this
AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure
to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom,
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor
contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous
su~s~ance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk
of Injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing
FNI ,L~j
OWNER~
the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an
invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or
migrating from the site. Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage
or disposal activities.
10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on
present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations,
feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance
costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's
judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control
over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors'
methods of determining their prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction
Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to
determine in general if the work is proceeding in accordance with the Contract Documents, In performing these services,
FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any
observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor
is FNI responsible for the 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 the safety precautions
and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person
(except his own employees or agent) at the Project site or otherwise performing any of the work ofthe Project. If Owner
designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's
agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in
writing and made a part of this AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the
services ofFNI shall be due and payable upon submission of a statement for services to OWNER. Statements for services
shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and
charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation.
If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's
statement for services therefore, the affiOl:lRts due PNI will be iRereasea at the rate of ORe perceRt (1 %) per ffiORtH frOffi
said thirtieth (30th) clay, aRa, iR additioR, FNI may, after giving seven (7) days' written notice to OWNER, suspend
services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges.
13. ARBITRATION: No arbitration arising out of, or relating to, this AGREEMENT involving one party to this
AGREEMENT may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this
AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and obligations of this AGREEMENT.
Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except
to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph
shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in
the performance of services hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services, only the terms, conditions/instructions
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the
Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinati ve of
the conflict.
16. INDEMNITY: Freese and Nichols, Inc. shall indemnify and save harmless the City of Colleyville, Texas and its
officers, agents and employees from the liability of the OWNER on account of any injuries or damages received or
sustained by any person or persons, or property, including court costs and reasonable attorney fees incurred by the
OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or
employees in the execution, operation, or performance of this Agreement.
FNI~
OWNER~