WA9601-CS 960710 CONSULTING ENGINEERS
8333 Douglas Avenue,//820 Dallas, Texas 75225 (214) 361-7900
ROSS L. JACOBS, P.E.
RONALD V. CONWAY, P.E.
JOHN W. BIRKHOFF, P.E.
JOE R. CARTER. P.E.
GARY C. HENDRICKS, P.E.
h,y 10, 1996
C. L. SHIMEK, P.E.
I. C. FINKLEA, P.E.
JAMES E. LAUGHLIN, P.E.
Mr. Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
City of Coppell
Post Office Box 478
Coppe!l, Texas 75019
Re: Engineering Services Agreement
Proposed 2.0 Million Gallon Elevated Storage Tank and
Sandy Lake Road Water Line
Dear Mr. Griffin:
We are enclosing one draft copy of our proposed Engineering Services Agreement for the preparation of
construction plans, specifications, bidding documents, and construction administration, for the construction of
the proposed 2.0 Million Gallon Elevated Storage Tank and the 24-inch Sandy Lake Road Water Line. This
copy is for your review and consideration.
Our scope of services for the construction of the elevated storage tank also includes daily inspections services
for the concrete piers, concrete column, steel erection, and painting. It also provides for quality control and
materials testing during the construction of the tank including atterburg limits, compaction testing, mix design
review, concrete slump test, and concrete strength testing.
We recommend this agreement be structured into two phases as follows:
Phase I: Engineering services for the preparation of plans, specifications, bidding documents, and contract
documents, along with construction administration, inspection services and materials testing for
the 2.0 Million Gallon Elevated Storage Tank. Additional services on this project include
conceptual architectural designs for architectural treatments to the tank. We propose to complete
these additional services with the assistance of Three Architecture. This is the same architect the
City chose to design both the original and expansion work at the Village Parkway Pump Station.
Phase II: Engineering services for the preparation of plans, specifications, bidding documents, and contract
documents, along with construction administration for the construction of the Sandy Lake Road
24-inch water line, from Denton Tap Road to the proposed elevated storage tank.
Mr. Kenneth M. Griffin, P.E ' ,~
City of Coppell
duly 10, 1996
Page No. 2
The scope of services for each phase of this project is more specifically defined in "Exhibit A" of the
engineering services agreement.
Once you have reviewed the proposed agreement, please notify us of your findings. We appreciate being
selected to work with the City of Coppell on these important projects and look forward to beginning work as
soon as you direct. We are available to discuss this proposal further at your convenience.
Sincer~t/~'' rs, /
Enclosure Ghry C./H~dricks, P.E. ~ '
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Coppell,
Texas, hereinaf~er referred to as "City", and Shimek, Jacobs & Finklea, hereinafter referred to as
"Engineer", to be effective from and after the date as provided herein.
WITNESSETH:
WHEREAS, the City desires to engage the services of the Engineer to prepare construction
plans and specifications and provide construction administration services for the proposed 2.0 Million
Gallon Composite construction of a Elevated Storage Tank located at
along with the proposed 24-inch water line in Sandy Lake Road
from Denton Tap Road to the proposed elevated storage tank, located in the City of Coppell, Dallas
County, Texas, hereinafter referred to as the "Project"; and
WHEREAS, the Engineer desires to render such engineering services for the City under the
terms and conditions provided herein.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the convenants contained herein, and for the mutual benefits
to be obtained hereby, the parties hereto agree as follows:
I. Employment of the Engineer
The City hereby agrees to retain the Engineer to perform professional engineering services
in connection with the Project; Engineer agrees to perform such services in accordance with the terms
and condition of this Agreement.
II. Scope of Services
The parties agree that Engineer shall perform such services as are set forth and described in
Exhibit "A", which is attached hereto and thereby made a part of this Agreement. The parties
understand and agree that deviations or modifications, in the form of written changes may be authorized
from time to time by the City.
IlL Schedule of Work
The Engineer agrees to commence work immediately upon execution of this Agreement, and
to proceed diligently with said work to completion as described in the Completion Schedule attached
hereto as Exhibit "B" and thereby made a part of this Agreement.
Engineering Services Agreement (7/10/96) Page I of I8
IV. Compensation and Method of Payment
The parties agree that Engineer shall be compensated for all services provided pursuant to
this Agreement in the amount and manner described and set forth in the Payment Schedule attached
hereto as Exhibit "C" and Exhibit "D" and thereby made a part of this Agreement. Engineer further
agrees that it will prepare and present such monthly progress reports and itemized statements as are
described in said Exhibit "C" and Exhibit "D". City agrees to pay invoices upon receipt.
V. Information to be Provided by the City
The City agrees to furnish, prior to commencement of work, all that information set forth
and described on Exhibit "E", which is attached hereto and thereby made a part of this Agreement.
VI. Progress Meetings
In addition to providing the monthly progress reports as required under Paragraph IV
hereinabove, Engineer agrees to attend all progress meetings scheduled by City, and at such meetings to
outline work accomplished and special problems or delays encountered in connection with the services
being rendered during the previous report period, as well as planned work activities and special
problems and delays anticipated for the next report period.
VII. Insurance
Engineer agrees to procure and maintain for the duration of the contract Professional
Liability Insurance, Worker's Compensation, General Liability and Automobile Insurance.
VIII. Assignment and Subletting
The Engineer agrees that neither this Agreement nor the work to be performed hereunder
will be assigned or sublet without the prior written consent of the City. The Engineer further agrees that
the assignment or subletting of any portion or feature of the work or materials required in the
performance of this Agreement shall not relieve the Engineer from its full obligations to the'City as
provided by this Agreement.
IX. Audits and Records
The Engineer agrees that at any time during normal business hours and as often as City may
deem necessary, Engineer shall make available to representatives of the City for examination all of its
records with respect to all matters covered by this Agreement, and will permit such representatives of the
City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement, all for a period of one (1) year from the date of final
settlement of this Agreement or for such other or longer period, if any, as may be required by applicable
statute or other lawful requirement.
Engineering Services Agreement (7/10/96) Page 2 of 18
X. Contract Termination
The parties agree that City or the Engineer shall have the right to terminate this Agreement
without cause upon thirty (30) days written notice to the other. In the event of such termination without
cause, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, reports photographs or other items prepared by Engineer in connection with
this Agreement. Engineer shall be entitled to compensation for 'any and all work completed to the
satisfaction of City in accordance with the provisions of this Agreement prior to termination.
XI. Engineer's Opinion of Cost
The parties recognize and agree that any and all opinions of cost prepared by Engineer in
connection with the Project represent the best judgment of Engineer as a design professional familiar
with the construction industry, but that the Engineer does not guarantee that any bids solicited or
received in connection with the Project will not vary from the opinion by the Engineer.
XII. Ownership of Documents
Original drawings, specifications and reports are the property of the Engineer; however, the
Project is the property of the City. City shall be furnished with such reproductions of drawings,
specifications and reports. Upon completion of the work or any earlier termination of this Agreement
under Article X, Engineer will revise drawings to reflect changes made during construction as reported
by the City and contractor, and he will furnish the City with one (1) complete set of reproducible and
two blue-line sets of record prints. Additional prints shall be furnished at cost, as an additional service,
at any other time requested by City.
XIII. Complete Contract
This Agreement, including the exhibits hereto numbered "A" through "E" constitute the
entire agreement by and between the parties regarding the subject matter hereof.
XIV. Mailing of Notices
Unless instructed otherwise in writing, Engineer agrees that all notices or communications to
City permitted or required under this Agreement shall be addressed to City at the following address:
Mr. Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Engineering Services Agreement (7/10/96) Page 3 of 18
City agrees that all notices or communications to Engineer permitted or required under this
Agreement shall be addressed to Engineer at the following address:
Gary C. Hendricks, P.E.
Shimek, Jacobs & Finklea
8333 Douglas Avenue, #820
Dallas, Texas 75225
Phone: (214) 361-7900
All notices or communications required to be given in writing by one party or the other shall
be considered as having been given to the addressee on the date such notice or communication is posted
by the sending party.
XV. Contract Amendments
This Agreement may be amended only by the mutual agreement of the parties expressed in
writing.
XVI. Effective Date
This Agreement shall be effective from and after execution by both parties hereto.
WITNESS OUR HANDS AND SEALS on the date indicated below.
CITY OF COPPELL, TEXAS
By:
ATTEST:
By: Date:
SHIMEK, JACOBS & FINKLEA
ATTEST: CONSULTING ENGINEERS:
By: By:
Ross L. Jacobs, P.E., Managing Partner Gary C. Hendricks, P.E., Parmer
Date:
Engineering Services Agreernent (7/10/96) Page 4 of 18
'Exhibit "A" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea,
Texas General Partnership CUNDERSIGNED) for Professional Services:
Dated
EXHIBIT "A"
SCOPE OF SERVICES
This is an exhibit attached to, made a part of, and incorporated by reference into the Agreement made on
., between CITY and UNDERSIGNED providing for professional
services.
PART I: PREPARATION OF PLANS AND SPECIFICATIONS
Phase I: 2-Million Gallon Elevated Storage Tank
* Design Phase
Preparation of plans, specifications and bidding documents for a 2-Million Gallon
Composite Elevated Tank based on the following items:
1 ) Specifications based on following standards:
American Water Works Association (AWWA)
American Nation Standards Institute (ANSI)
American Society of Testing Materials (ASTM)
National Sanitation Foundation (NSF)
American Concrete Institute (ACI)
2) Tank Accessories to include the following:
~> Pipe Connections c- Wet Riser
~- Over Flow ~. Access and Trunk Doors
~ Drain ~, Antenna Bracket
~. Tank Ladders ~- Obstruction Light
~. Roof Hatches ~. Interior Light System
~- Vent t> Exterior Light System
~- Cathodic Protection ~> Electrical System
~. Valve & Electric Valve Operators ~. Chloramine Residual Analyzer
Engineering Services Agreement (7/10/96) Page 5 of 18
' 3) Provisions for connecting to both the City's existing monitoring and control
system.
4) Provisions for site landscape screening along fence lines and reestablished grass
site.
5) Provisions for concrete driveway to access tank truck door(s).
6) Provide Geotechnical Investigation, including three borings at the base of the
proposed tank structure, two copies of report will be provided to the City.
7) The limits of the property will be as shown on the records drawings provided by
the City. No additional field surveys will take place to establish property comers.
Information from record drawings will be placed on the construction plans.
8) The benchmark on site will be verified by field surveys and tied to existing control
provided by the City of Coppell.
9) The high-water level (HWL) shown on the record drawings for the existing
elevated storage tank provided by the City, will be the high-water level of the
proposed tank. This high water level may be reconfirmed by the City and changed
prior to finishing the construction plans.
10) The coating system will not include red lead primer. Specifications will be
prepared that will be in conformance with the Texas Natural Resources
Conservation Commission Regulations for containment systems.
11) Plans and specifications will include provisions for erosion control devices to be
erected as required, along property lines.
12) Preparation of FAA Notice of Proposed Construction form for City execution.
Engineering Services Agreement (7/10/96) Page 6 of 18
· Phase II: Sandy Lake Road Water Line
· Design Phase
Preparation of plans, specifications and bidding documents for approximately 12,800
linear feet of 24-inch waterline along Sandy Lake Road from Denton Tap Road to the
proposed elevated storage tank. The project limits are more specifically shown as the
recommended 24-inch waterline on the attached exhibit labeled "1996 Water
Transmission Line Map".
1 ) Construction Plan-Profile Sheets prepared at a scale of not less than 1" = 40'
2) Standard Details
3) Special Details
4) Cover Sheet, Location Map and Sheet Index
5) Submittals to State Regulatory Agencies, as required
6) Preparation of all required Highway and Utility Permits, as required
7) Coordination with other Utility Companies
8) Design Review Meetings
9) Opinion of Probable Construction Estimate
1 O) Preparation of Specifications and Contract Documents
11) Coordinate Geotechnical Engineering information or Reports as the project
requirements dictate
12) Printing of preliminary Plans and Specifications for review by the City and Utility
Companies
Engineering Services Agreement (7/10/96) Page 7 of 18
· UNDERSIGNED agrees to complete the design in accordance with the guidelines
established by the City of Coppell Engineering DeparUnent to include, but not be limited
to, the following:
1) Any and all items required by CITY as outlined by the Scope of Work shall be
inked on the original tracings by UNDERSIGNED. Completed plans must be
clearly read and understood when reproduced at one-half scale by reprographic
methods.
2) UNDERSIGNED shall prepare a separate cover sheet for each project.
3) UNDERSIGNED shall prepare details or typical sections as may be required by
CITY to accomplish the work covered by this contract.
4) UNDERSIGNED shall complete any design of non-standard structures. required for
this Project. Actual design of the composite tank and tank structure shall be
performed by the successful bidder. UNDERSIGNED shall delivery to CITY
complete copies of design calculations for any and all non-standard structures
designed by UNDERSIGNED. UNDERSIGNED'S seal (dated and signed) shall
appear on all design calculations.
5) UNDERSIGNED shall thoroughly check plans for completeness and accuracy.
6) UNDERSIGNED shall seal, date and sign each sheet in the plan set. Consultant
shall also seal, sign and date the cover sheet.
7) UNDERSIGNED shall prepare two sets of construction specifications and contract
documents. A draft set of specifications will be submitted to the CITY for review.
Upon receipt, the UNDERSIGNED will incorporate the CITY'S comments into the
documents. Two (2) final sets of construction specifications and contract
documents will be delivered to the CITY for bid advertisement.
8) Upon completion of parts 1) through 8), UNDERSIGNED shall deliver to CITY
original tracings of construction plans, opinion of probable construction cost,
Engineering Services Agreement (7/10/96) Page 8 of 18
· ' special provisions, preliminary plans, copies of all field work, and two (2) full-size
sets of prints.
9) UNDERSIGNED shall provide "record" drawings, prepared from the contractor's
record drawings.
10) Submit floppy disk with design files in .DWG format. All construction plan sheets
will be prepared utilizing AutoCAD Release 12 on DOS Version 5.0 or 6.2. No
specific computer aided drafting and design specifications will be utilized. One
copy of electronic files of design plans will be provided to the CITY under the
following conditions:
a) The electronic files are compatible with AutoCAD Release 12, operating on an
IBM compatible PC using DOS Version 5.0 or 6.2.
b) UNDERSIGNED does not make any warranty as to the compatibility of these
files beyond the specified release of the above stated software.
c) Because data stored on electronic media can deteriorate undetected or be
modified, the CITY agrees that the UNDERSIGNED will not be held liable for
completeness or correctness of electronic media after an acceptance period of
thirty days after delivery of these files.
d) The electronic files are instruments of UNDERSIGNED'S service. Where there
is a conflict between the hard copy drawings and the electronic files, the hard
copy files will govern in all cases.
e) Both parties acknowledge mutual non-exclusive ownership of the electronic
files and each party may use, alter, modify or delete the files without
consequence to the other party.
f) All electronic files provided to the CITY will not contain engineers seal,
handwritten dates or signatures.
Engineering Services Agreement (7/10/96) Page 9 of 18
Pi4,RT II: BIDDING PHASE
Phases I and II:
1) Assist the City of Coppell staff in advertising the project for bids. This will include
providing City with Notice to Contractors for their use in publicly advertising projects.
UNDERSIGNED will send notice to Dodge Reports, Texas Contractors, other
advertising companies and to a number of contractors experienced in tank erection and
waterline construction.
2) Sell bidding documents to potential bidders, their suppliers and other parties.
3) Providing bidding documents to Dodge Reports, Texas Contractors, and City's
independent testing lab.
4) Conduct a mandatory Pre-Bid Conference at the City's offices for the Elevated
Composite Tank Storage project.
5) Assist City of Coppell during opening of bids and provide biding tally sheets.
6) Provide bid tabulation to City and contractors who submitted bids.
7) Obtain the following information from the lowest bidder:
~> Past work history.
~> Physical resources to produce the project.
Formulate based on this information, an opinion from information received and provide
the City a recommendation for award of the construction contract.
8) Coordinate Contract Documents for execution by the Contractor and the City.
9) Conduct a Pre-Construction Conference at City facilities including preparing a meeting
agenda.
10) After award of contract, furnish five sets of blue-line prints of the final plans,
specifications and contract documents to the City and successful contractor for
construction use.
Engineering Services Agreement (7/10/96) Page 10 of 18
PART III: CONSTRUCTION PHASE
Phases I and II:
1) Attend any coordination meetings with contractor, quality control personnel, and City
representative to discuss strategy, problem areas, progress, and any required
coordination.
2) Review shop drawings and other submittal information which the Contractor submits.
This review is for the benefit of the Owner and covers only general conformance with
the information given by the Contract Documents. Review of shop drawing
submissions is solely for their conformance with the design intent and conformance
with information given in the construction documents. UNDERSIGNED shall not be
responsible for any aspects of a shop drawing submission that affects or are affected by
the means, methods, techniques, sequences and operations of construction, safety
precautions and programs incidental thereto, all of which are the Contractor's
responsibility. Two copies of all shop drawings in which no exceptions are taken by
UNDERSIGNED will be provided to the City.
3) Provide written responses to requests for information or clarification.
4) Assist the City in the preparation and process of routine change orders for both projects
as they pertain to the original scope of work. UNDERSIGNED agrees to review change
order documents and provide the City any opinions that may be warranted.
5) Prepare monthly pay request forms from information received from the City Inspector
and the Contractor. UNDERSIGNED agrees to review monthly pay request form and
provide the City any opinions that may be warranted.
6) Accompany the City during their final inspection of the project.
7) Recommend final acceptance of work based on information provided by the City's on-
site representative.
Engineering Services Agreement (7/10/96) Page 11 of 18
' ' 8) Visit the project as required, or as directed by the City, as construction proceeds to
observe progress and formulate opinion as to quality of work as it relates to contract
documents.
9) Review the on-site representative's daily reports and independent laboratory's test
reports to formulate opinion of progress and attempt to identify potential problems.
10) At the request of the City, review the independent laboratory' s test reports.
PART IV: SPECIAL SERVICES
(Phase I ~ 2.0 MG Composite Elevated Tank Only)
The following special services are above and beyond the basic services for Phase I only, as
provided in Parts I, II and III of the Scope of Services.
· Inspection - Ouality_ Control & Materials Testing Services
1) Visit the project site at weekly intervals as construction proceeds to evaluate quality
of work as it relates to the contract documents and to observe profess. Each
weekly visit shall be followed by a brief Construction Report.
2) Daily testing and inspection of steel erection and welds, including radiographic
inspection.
3) Daily inspection and testing of painting operation including blasting, mil thickness
and holiday testing.
4) Quality control and materials testing including optimum moisture/density, Atterburg
limits, field density test, pier inspection, concrete testing and concrete mix design
review.
Engineering Services Agreement (7/10/96) Page 12 of 18
PART V: EXCLUSIONS
Phases I and II:
The intent of this scope of services is to include only the services specifically listed herein
and none others. Services specifically excluded from the scope of services include, but are
not necessarily limited to the following:
1 ) Boundary surveys or title-searches.
2) Environmental impact statements and assessments.
3) Fees for permits or advertising.
4) Detailed design of tank structure and foundation.
5) Certification that work is in accordance with plans and specifications.
6) Environmental cleanup.
Engineering Services Agreement (7/10/96) Page 13 of 18
EXHIBIT "B"
COMPLETION SCHEDULE
PHASE I: ELEVATED STORAGE TANK
Part I: Preliminary Plans and Specifications ..........90 calendar days after notice to proceed.
Final Plans and Specifications ....................30 calendar days after review comments
received from the City.
Part II: Bidding Phase .............................................45 calendar days from establishment of bid
date and project advertisement.
Part III: Construction Phase ......................................600 days after notice to proceed is provided to
construction contractor.
PHASE II: SANDY LAKE ROAD WATER LINE
Part I: Preliminary Plans and Specifications ..........90 calendar days after notice to proceed.
Final PlansandSpecifications ....................30 days after review comments received
from the City.
Part II: Bidding Phase .............................................45 days from establishment of Bid date and
project advertisement.
Part III: Construction Phase ......................................180 days after Notice to Proceed is provided
to construction contractor.
Engineering Services Agreement (7/10/96) Page 14 of 18
' ' EXHIBIT "C"
PAYMENT SCHEDULE
PHASE I: 2.0 MILLION GALLON COMPOSITE ELEVATED STORAGE TANK
Engineering services described under Part I through Part III (for Phase I: 2.0 Million Gallon Composite
Elevated Storage Tank), shall be basic engineering services and shall be paid on the total lump sum
amount not to exceed $86,200. Our opinion of probable construction cost for the basic tank design is
$2,000,000. The schedule for the basic services payment shall be as follows:
Part la: Preliminary Design Phase ....................................30% of Fee
Part Ib: Final Design Phase ..............................................20% of Fee
Part It: Bidding Phase .........................................................5% of Fee
Part III: Administration During Construction ....................45% of Fee
The following is a summary of the estimated charges for the various elements of the basic services based
on a 2.0 Million Gallon Composite Elevated Storage Tank..
Part Ia: Preliminary Design Phase $40,500
Part Ib: Final Design 31,500
Part II: Bid Phase Services 4,500
Part III: Construction Administration 13,500
Basic Not to Exceed Lump Sum Amounts: $86,200
Engineering services described in Parts IV and V of Phase I - 2.0 Million Gallon Composite Elevated
Storage Tank project, shall be considered special services. The special services paid for Part IV shall be
paid on the total lump sum amount not to exceed $55,000. The schedule of payment for Special
Services - Part IV, shall be as follows:
Engineering Services Agreement (7/10/96) Page 15 of 18
Part IVa: Weekly Site Visits During Construction $12,000
Part IVb: Daily Steel Erection and Welding Inspection 18,000
Part IVc: Daily Paint Inspection 12,000
Part IVd: Materials Testing & Quality Control 13,000
Part IV - Special Services: Not to Exceed Amount $55,000
The special services for Part V - Architectural Design, shall be paid for at the actual architects invoice
amount times 1.10. We recommend an amount not to exceed $25,000 for conceptual design, detail
architectural plans and specifications, and construction administration.
Design Phase services will be invoiced on a monthly basis, based on percent complete of plans. Bidding
Phase services will be billed after completion of the Pre-Construction Conference. Construction
Administration services will be invoiced as a percent of construction complete (dollar value).
Engineering Services Agreement (7/10/96) Page 16 of 18
" EXHIBIT "D"
PAYMENT SCHEDULE
PHASE II: SANDY LAKE ROAD WATER LINE
Payment for engineering services described under Part I through Part III (for Phase II: Sandy Lake Road
Water Line), shall be based on the lump sum amount of $90,375. It is our opinion that the probable cost
of construction of the water line improvements as outlined in the scope of design services for Phase II of
this project, is in the range of $1,200,000. The schedule of payment shall be as follows:
Pan Ia: Preliminary Plans and Specifications ...................50% of Fee
Part Ib: Final Plans and Specifications .............................21% of Fee
Part II: Bidding Phase .........................................................4% of Fee
Part III: Construction Phase ...............................................25% of Fee
]l Estimated Charges
Part Ia: Preliminary Design Phase $45,188
Part Ib: Final Design 18,978
Part II: Bid Phase Services 3,615
Part III: Construction Administration 22,594
Not to Exceed Lump Sum Amounts: $90,375
Design Phase services will be invoiced on a monthly basis, based on percent complete of plans. Bidding
Phase services will be billed after completion of the Pre-Construction Conference. Construction
Administration services will be invoiced as a percent of construction complete (dollar value).
Engineering Services Agreement (7/10/96) Page 17 of 18
' ~ ' EXHIBIT "E"
INFORMATION TO BE PROVIDED BY CITY
(Phase I and II)
1) Right-of-Entry to existing City owned Park, Elevated Storage site and Village Parkway Pump
Station.
2) City' s Geotechnical Investigation on the existing Elevated Storage Tank, if available.
3) Available record drawings of the existing improvements and sub-divisions along the proposed water
line project.
4) Information on existing Telemetry/SCADA System.
Engineering Services Agreement (7/10/96) Page 18 of 18