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WA9601-AG 960723 AGENDA REQUEST FORM CITY COUNCIL MEETING: July 23, 1996 ITEM # ~ ITEM CAPTION: Consider approval of awarding a contract to Shimek, Jacobs & Finklea Consulting Engineers to provide professional services associated with the design of a 2 million gallon elevated storage tank and a 24" water line along Sandy Lake west from Denton Tap to the tank site in the mount of $252,375.00 and authorizing the Mayor to sign. PPROVED 8Y C12'¥ COUNCIL SUBMITtED BY: Kenneth M. Griffin, P.E. TITLE: ACM/City Engineer INITIALS __~ STAFF COMMENTS: As part of the on-going implementation of the City of Coppel!'s Water Master Plan, the City has been negotiating with Shimek, Jacobs & Finklea to provide services for the design of a second elevated storage tank along with a 24" water line west from Denton Tap to fill the tank. This tank is needed to provide additional volume and increased pressures for the development of the west side of Coppell. The tank site will be located on the 122 acres of land that is being purchased east of Royal Lane and south of Sandy Lake. The firm was selected based on their work associated with the new six million ground storage tank. STAFF RECOMMENDATION Approval X Denial EXPLANATION: Staff recommends that Council approve the contract with Shimek, Jacobs & Finklea for the design of the 2 million gallon elevated storage tank and a 24" water line in the amount of $252,375.00. Staff will be available to answer any questions at the Council meeting. BUDGET ANT. $ AMT. EST. $ +/- BUD: $ FINANCIAL COMMENTS: Funds for the project design have been allocated in the Water/Sewer CIP Accounts. FINANCIAL REVIEW~a~ CITY MANAGER REVIEW: Agenda Request Form - Revised 1/94 Document Name 1 .eng SHIMEK, JACOBS & FINKI,EA 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. C. L. SHIMEK, P.E. !. C. FINKLEA, P.E. JAMES E. LAUGHLIN, P.E. Mr. Kenneth M. Griffin, P.E. Assistant City Manager/City Engineer City of Coppeil Post Office Box 478 Coppe!l, Texas 75019 Re: Proposed 2.0 Million Gallon Elevated Storage Tank Sandy Lake Road Water Line Engineering Services Agreement Dear Mr. Griffin: We are enclosing three signed copies of the City of Coppell's Consulting Engineers Contract for the design, construction administration and inspection services for the proposed 2.0 Million Gallon Elevated Storage Tank and the 24-inch Sandy Lake Road Water Line. We have made the changes to the contract language as you provided in your mark-up faxed to us on July 15, 1996. Our services for the Tank project include inspection and testing while our services for the water line does not include these items of work. The exhibits to the proposed agreement have been organized in accordance with the City's standard contract and are summarized as follows: Exhibit A: Basic Services Exhibit B: Special Services Exhibit C: Exclusions Exhibit D: Completion Schedule Exhibit E: Payment Schedule for Basic Services Exhibit F: Payment Schedule for Special Services Exhibit G: Information to be Provided by the City As we discussed in our meeting on July 10, 1996, we have modified our scope of services for the proposed Elevated Storage Tank to include the work relative to the proposed SCADA system improvements and to limit the architectural services to the entry features at the tank doors. We have also added preparation of plats and field note descriptions as a special service to the water line project. Mr. Kenneth M. Griffin, City of Coppell Jt~ly 16, I996 page No. 2 We look forward to working again with you and your staff on these important projects and are available to begin design immediately upon your authorization to proceed. Enclosure CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS CITY OF COPPELL § entered into and executed , 19 9 ~, by and between the City of Coppell acting by and through the Ma [ r ~ approval of the City Council hereinafier yo referred to as "City", and Shimek, Jacobs & Finklea, hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the preparation of construction plans and specifications for the proposed 2.0 Million Gallon Composite Elevated Storage Tank located in the vicinity of Royal Lane and Thweat Road, along with the proposed 24-inch Sandy Lake Road Water Line from Denton Tap Road to the proposed Elevated Storage Tank, hereinafter referred to as the "Proj ect"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafier defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attaclunent B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Consulting Engineers Contract (7/16/96) Page I AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services A. Basic Services: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Basic Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Special Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Special Services listed in Attachment B, Special Services, appended hereto, shall be provided by the Engineer. These Special Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govem. C. Exclusions: Work tasks and activities specifically excluded from the scope of services provided by the Engineer, either basic or special, shall be in accordance with the items listed in Attachment "C". Shotrid it be determined that anyone of these items are required by the City, the provisions of Item 5 of this agreement shall apply. 2. Progress Schedule: Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and Consulting Engineers Contract (7/16/96) Page 2 "estimhted to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Basic Services: Schematic Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. 3. Compensation A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment "E". Basic Services Fee shall not exceed the lump sum of ninety-four thousand dollars ($94,000.00) for Phase I - 2.0 Million Gallon Composite Elevated Tank and ninety-thousand three hundred seventy-five dollars ($90,375.00) for Phase II - 24-inch Sandy Lake Road Water Line, provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Special Services Fee Not Included In Basic Services Fee: The Engineer should be paid a fee for Special under this Contract for the Special Services and pursuant to the Fee Schedule described in Attachment "F" - Special Services. Special Services Fee shall not exceed the lump sum of sixty thousand dollars ($60,000.00) for Phase I and eight thousand dollars ($8,000.00) for Phase II, provided, however, that modifications to the Special Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of two hundred fifty-two thousand, three hundred seventy-five dollars ($252,375.00), the lump sum Basic Services Fee plus the lump sum Special Services Fee. Consulting Engineers Contract (7/16/96) Page 3 "D. I~ivoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services and/or Special Services on or before the twenty fifth (251h) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases: Any other provision in this Contract notwithstanding, it is specificallyunderstood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services: Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific Consulting Engineers Contract (7/16/96) Page 4 modihcation(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables: For each submittal identified in Attachment A, Basic Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control: It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Schematic Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not Consulting Engineers Contract (7/I6/96) Page 5 · be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering: The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of parmering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voltrotary and all participants shall have equal status. 9. Disputes: The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be preformed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. If the decision of the City Manager disagrees or is unacceptable to the Engineer, both parties may submit to non-binding arbitration or meditation for the dispute resolution. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any damages incurred by the City arising from such termination shall be paid by the Engineer. 10. En~,ineer's Seal: The Engineer shall place his Texas Professional seal of endorsement on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability: Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working Consulting Engineers Contract (7/I6/96) Page 6 "drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the an~ount of $250,000.00 single limit, with certificates evidencing such coverage to be provided by the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Actual damages resulting from work found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. 12. Indemnification: Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attomey fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform: Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments Consulting Engineers Contract (7/16/96) Page 7 · hereuiader without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract: It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications: Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control: The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership: All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to the City. Consulting Engineers Contract (7/16/96) Page 8 18." Proji~ct Records and Right to Audit: The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination: As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities: City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver: No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws: The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall fumish the City with satisfactory proof of compliance therewith. Consulting Engineers Contract (7/16/96) Page 9 23. ' Seve~iability: In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue: With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations: This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts: The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. 27. Notification: All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Engineer: Gary C. Hendricks, P.E. Shimek, Jacobs & Finklea 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Phone: (214) 361-7900 Consulting Engineers Contract (7/16/96) Page 10 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL SHIMEK, JACOBS & FINKLEA B , k P Mayor ' GarytC.[Iendric s, 3E.}Partner Date: ~~~' ~ ,q, / 99~;Date: ATTEST: .~ ATTE ST: ,p.E~.,&g P~nLZer '~ Ross L. Jacobs, Consulting Engineers Contract (7/I6/96) Page 11 Eihibit "X" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (ENGINEER) for Professional Services: Dated EXHIBIT "A" BASIC SERVICES This is an exhibit attached to, made a part of, and incorporated by reference into the Agreement made on ., between CITY and ENGINEER providing for professional services. PART I: PREPARATION OF PLANS AND SPECIFICATIONS Phase I: 2-Million Gallon Elevated Storage Tank 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 ~> Wet Riser ~> Over Flow ~> Access and Trunk Doors ~ Drain ~> Antenna Bracket ~> Tank Ladders ~, Obstruction Light ~- Roof Hatches ~> Interior Light System ~> Vent ~> Exterior Light System ~> Cathodic Protection ~> Electrical System ~ Valve &Electric Valve Operators ~- Chloramine Residual Analyzer ~ At New and Existing Elevated Storage Tanks Consulting Engineers Contract (7/16/96) Exhibit "A " (Page 1) 3) Provide engineering services for updating the City's monitoring and control system, including connecting the proposed tank to the new SCADA 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 corners. 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. Consulting Engineers Contract (7/16/96) Exhibit "A" (Page 2) Phase It: Sandy Lake Road Water Line 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 10) 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 Consulting Engineers Contract (7/I6/96) Exhibit "A " (Page 3) · ENGINEER agrees to complete the design in accordance with the guidelines established by the City of Coppell Engineering Department 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 ENGINEER. Completed plans must be clearly read and understood when reproduced at one-half scale by reprographic methods. 2) ENGINEER shall prepare a separate cover sheet for each project. 3) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish the work covered by this contract. 4) ENGINEER 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. ENGINEER shall delivery to CITY complete copies of design calculations for any and all non-standard structures designed by ENGINEER. ENGINEER' S seal (dated and signed) shall appear on all design calculations. 5) ENGINEER shall thoroughly check plans for completeness and accuracy. 6) ENGINEER shall seal, date and sign each sheet in the plan set. Consultant shall also seal, sign and date the cover sheet. 7) ENGINEER 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 ENGINEER 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), ENGINEER shall deliver to CITY original tracings of construction plans, opinion of probable construction cost, special provisions, preliminary plans, copies of all field work, and two (2) full-size sets of prints. Consulting Engineers Contract (7/16/96) Exhibit "A " (Page 4) '9) ENGINEER 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) ENGINEER 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 ENGINEER 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 ENGINEER'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. Consulting Engineers Contract (7/16/96) Exhibit "A " (Page 5) PART 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. ENGINEER 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 for 24-inch waterline. 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. Consulting Engineers Contract (7/I6/96) Exhibit "A " (Page 6) 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. ENGINEER 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 ENGINEER 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. ENGINEER 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. ENGINEER 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. 8) A representative of Shimek, Jacobs & Finklea visit the project, 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. Consulting Engineers Contract (7/16/96) Exhibit "A" (Page 7) Exhibit "B" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "B" SPECIAL SERVICES PHASE I: 2.0-MG COMPOSITE ELEVATED TANK · Inspection - Quality_ Control & Materials Testing Services 1) The Engineer's representative will 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 progress. Each weekly visit shall be followed by a brief Construction Report. 2) Daily testing and inspection of steel erection and welds, including radiographic inspection. The testing and inspection of steel erection and welding will be performed by an independent testing and inspection firm contracted by the Engineer. 3) Daily inspection and testing of painting operation including blasting, mil thickness and holiday testing. The testing and inspection of the painting operation will be performed by an independent testing and inspection firm controlled by the Engineer. 4) Quality control and materials testing including optimum moisture/density, Atterburg limits, field density test, pier inspection, concrete testing and concrete mix design review. The quality control and materials testing shall be performed by an independent testing and inspection firm controlled by the Engineer. · Architectural Services Architectural services for enhancements and treatments to the tank entry features. PHASE It:SANDY LAKE ROAD WATER LINE The following special services are above and beyond the Exhibit "A" Basic Services for Phase I only, as provided in Parts I, II and III of the Scope of Services. · Preparation of plats and field note descriptions for utility easements as project requirements dictate for the Sandy lake Road Water Line. It is estimated, no more than 10 separate easement documents will be required. Consulting Engineers Contract (7/16/96) Exhibit "B" Eihibit "C" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "C" EXCLUSIONS PHASES I AND II: The intent of this scope of services is to include only the services specifically listed in Attachments "A" and "B" 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. (Phase I only) 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. Consulting Engineers Contract (7/16/96) Exhibit "C" Exhibit "D" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "D" COMPLETION SCHEDULE PHASE I: ELEVATED STORAGE TANK Part I: Preliminary Plans and Specifications .......... 90 calendar days after notice to proceed. Final Plansand Speci~cations ....................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 ......................................450 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 Plans and Speci~cations ....................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. Consulting Engineers Contract (7/16/96) Exhibit "D" Exhibit "E" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "E" PAYMENT SCHEDULE FOR BASIC SERVCIES PHASE I: 2.0 MII,LION GALLON COMPOSITE ELEVATED STORAGE TANK Engineering services described under Basic Services - Part I through Part III, for Phase I: 2.0 Million Gallon Composite Elevated Storage Tank, shall be paid on the total lump sum amount not to exceed $94,000. Our opinion of probable construction cost for the basic tank design is $2,000,000. The schedule for the basic services payment for Phase I shall be as follows: Part Ia: Preliminary Design Phase .................................30% of Fee Part Ib: Final Design Phase ...........................................20% of Fee Part II: 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 Phase I, based on a 2.0 Million Gallon Composite Elevated Storage Tank. Part Ia: Preliminary Design Phase $28,200 Part Ib: Final Design 18,800 Part II: Bid Phase Services 4,700 Part III: Construction Administration 42,300 Phase I - Not to Exceed Lump Sum Amounts: $94,000 Consulting Engineers Contract (7/16/96) Exhibit "E" (Page 1) PHASE II:SANDY LAKE ROAD WATER LINE Payment for engineering services described under Basic Services - 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: Part 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 Ill: Construction Phase ............................................25% of Fee I Estimated Charges Part Ia: Preliminary Design Phase $45,188 Part Ib: Final Design 18,978 Part II: Bid Phase Services 3,615 Part Ill: Construction Administration 22,594 Phase II - Not to Exceed Lump Sum Amounts: $90,375 Basic 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). Consulting Engineers Contract (7/16/96) Exhibit "E" (Page 2) Eihibit "F" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "F" PAYMENT SCHEDULE FOR SPECIAL SERVICES Engineering services described under Exhibit "B" - Special Services for Phase I: 2.0 Million Gallon Composite Elevated Tank; and Phase II: 24-Inch Sandy Lake Road Water Line, shall be considered special services. Phase I: Special Services shall be paid on the total lump sum amount not to exceed $68,000. The schedule of payment for Phase I and Phase II: Special Services, shall be as follows: Phase I: Special Services Weekly Site Visits ............................................................................$12,000 Daily Steel Erection and Welding Inspection ....................................18,000 Daily Blast and Paint Inspection ........................................................12,000 Materials Testing and Quality Control ...............................................13,000 Architectural Services for Tank Entry Feature Enhancements ......... 5.000 Total Special Services - Phase I $60,000 Note: Architectural services may be eliminated in their entirety, or only partially used. Phase II: Special Services Preparation of Plats and Field Notes for Water Line Easement. Estimated: (10 required at $800 per Each) .....................................$8.000 Total Special Services - Phases I and II $68,000 Note: Plats and field notes will be billed at $800 lump sum per each, and only as project requirements dictate. Consulting Engineers Contract (7/16/96) Exhibit "F" E>~hibit "G" to Agreement between the City of Coppell, Texas (CITY) and Shimek, Jacobs & Finklea, Texas General Partnership (UNDERSIGNED) for Professional Services: Dated EXHIBIT "G" 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. Consulting Engineers Contract (7/16/96) Exhibit "G"