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WA9302A-CS 940801 SHIMEK, JACOBS & FINKLEA co suun , 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L. IACOBS, RE. JAMES E. LAUGHLIN, RE. RONALD V. CONWAY, RE. JOHN W. BIRKHOFF, RE. MATT ARMSTRONG, RE. JOE R. CARTER, RE. AUgUSt l, 1994 GARY C. HENDRICKS. P.E. C. L. SHIMEK, P.E. I. C. FINKLEA, P.E. Mr. Kenneth M. Griffin, P.E. City Engineer City of Coppell Post Office Box 478 Coppell, Texas 75019-0478 Re: Engineering Services Agreement Village Parkway Pump Station Improvements and Ground Storage Reservoir No. 2 Dear Mr. Griffin: We are enclosing a revised draft copy of our proposed Engineering Services Agreement for the preparation of construction plans, specifications, bidding documents and providing limited construction administration for the improvements to the Village Parkway Pump Station and the construction of the Village Parkway Ground Storage Reservoir No. 2. This copy is for your review. As you directed, we have modified our scope of services to eliminate the variable frequency drives and the mobile emergency generator. We have included design of two new single speed pumps. As before, we recommend this agreement be structured into two phases, with work on each phase proceeding concurrently. Phase I: Engineering services for preparation of plans, specifications, bidding documents and contract documents, along with limited construction administration for the Village Parkway Ground Storage Reservoir No. 2. Phase II: Engineering services for preparation of construction plans, specifications, bidding documents along with limited construction administration for: · Adding Constant Speed Pump Nos. 4 and 5 · Electrical Service for proposed Constant Speed Pump Nos. 4 and 5 · Design of connection port and transfer switches for Owner specified Mobile Emergency Generation System · Secondary low voltage electrical connections · Telemetry modification to accommodate the new Pump Nos. 4 and 5 · Design of pump yard security lighting Mr. Kenneth M. Griffin, P.E. City of Coppell August 1, 1994 Page No. 2 The scope of services for each phase is more specifically defined in Exhibit "A" of the Engineering Services Agreement. It is our opinion that this approach to the engineering services will allow for better project management during both the design and the construction of the improvements. Each project is significantly different in nature and will likely involve contractors with substantially different talents. Therefore, it is our intention to prepare separate plans, specifications, bid documents and contract documents for each phase. Once you have reviewed the proposed agreement, please notify us of your findings. We are available to discuss this proposal further at your convenience. Enclosure DRAFT ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Coppell, Texas, hereinafter 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 improvements to the Village Parkway Pump Station including the second ground storage reservoir along with related site paving and piping improvements at the Village Parkway Pump Station, located in the City of Coppell, Dallas County, Texas, hereinafier referred to as the "Project"; and WHEREAS, the Engineer desires to ~ender 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. lit. 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 Page 1 of 15 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 fumish, 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 fitll 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 Page 2 of 15 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 Page 3 of 15 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 CONSULTING ENGINEERS: By: Gary C. Henchicks, P.E., Partner Date: Engineering Services Agreement Page 4 of 15 EXHIBIT "A" ENGINEERING SERVICES The Engineering Services to be provided under this Agreement shall include the following: PART I: PREPARATION OF PLANS AND SPECIFICATIONS: Phase I: Village Parkway Ground Storage Reservoir No. 2 · Prestressed Concrete Ground Storage Reservoir - Design Phase Preparation of plans, specifications and bidding documents for Prestressed Concrete Ground Storage Reservoir based on the following items: (1) City will provide reservoir size as either a 4 MG or 6 MG reservoir prior to final plans and specifications being prepared. Engineer will not review the criteria for sizing the reservoir. (2) 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) (3) Tank Accessories to include the following: ~, Pipe Connections ~, Roof Hatches ~, Over Flow t> Vent t> Drain ~, Wet Riser ~, Tank Ladders (4) Provisions for coordinating and connecting to both the City's and Dallas Water Utilities' existing monitoring and control system. Engineering Services Agreement Page 5 of 15 (5) Provisions for site landscape plan prepared by a licensed landscape architect at the direction of the City. (6) Provisions for a site irrigation system plan prepared by a licensed irrigator at the direction of the City. (7) Plan and details for concrete driveway to access reservoir. (8) The limits of the property, and piping is 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. (9) The benchmark on site will be verified by field surveys. (10) Plans and specifications will include provisions for erosion control devices to be erected along the east property line and the south property line. (11) Design will include a hydraulic analysis of the yard piping. Recommended alignment changes will be presented to the City if hydraulic conditions can be improved. No computer analysis will be undertaken. Plan and details for yard piping. Engineer shall submit calculations of the hydraulic analysis and recommendations to the City upon request. (12) Information will be included in the specifications of the findings in the City's geotechnical investigation for this Reservoir. (Geotechnical investigation not part of these services) (13) Construction plans will be reduced to half scale and made part of the bidding document booklet for bidding purposes. (14) Two sets of preliminary plans and specifications, and two sets of final plans and specifications will be provided to the City for review. Engineering Services Agreement Page 6 of 15 (15) Reservoir will include brick pilasters and include an exterior coating. Brick and coating will be specified to match existing reservoir colors. Phase II: Village Parkway Pump Station Improvements · Improvements to the Village Parkway Pump Station - Design Phase Preparation of plans, specifications and bidding documents for improvements to the Village Parkway Pump Station based in the following items: (1) Plans and specification for the installation of Pump No. 4 and Pump No. 5. Pump Nos. 4 and 5 are to be sized and selected based on hydraulic data provided by the City. Pump Nos. 4 and 5 are to be installed in parallel, in the slot provided for Pump No. 4 utilizing a split suction line and a split discharge header. Pump Nos. 4 and 5 are to be controlled from the City's existing SCADA system. Selection of the proposed pump will be based on this information and on input received from the City concerning preferences on types and manufactures of pumps. The City will furnish a system curve for both the maximum hourly demand condition and the minimum hourly demands condition. (2) Review of existing record drawings and site investigation to establish correct fit of new equipment into existing pump station site. (3) Provide design plans and specifications to incorporate electrical for two high service constant speed pumps. Our design would include connection ports for accommodating Owner-specified mobile generator. Electrical design would include transfer switches to allow one or both new pumps to be connected to the generator; also, modifications to existing 4.80V system would be designed to allow switching of building auxiliaries to this generator. (4) Review of Owner-fumished generator specifications prior to their bidding for capacity, voltage drop, and stability for accommodating pump loads plus building auxiliaries. Engineering Services Agreement Page 7 of 15 (5) Design of pump station yard security lighting at the direction of the City. (6) Design of single control loops from Owners existing instrumentation system for accommodating automatic operation of each new pumps. Modification of existing control room console to retrofitting selector switches plus associated interface wiring. (7) Electrical specifications in CSI format. (8) Construction plans will be reduced to half scale and made part of the bidding document booklet for bidding purposes. (9) Two sets of preliminary plans and specifications, and two sets of final plans and specifications will be provided to the City for review. PART II: BIDDING PHASE Phases I and II: (1) Assist the City staff in conducting a Pre-Bid Conference and Pre-Qualifying the prospective bidder. (2) Provide the City with Notice to Contractors for their use in publicly advertising project. Shimek, Jacobs & Finklea will send notices to Dodge Reports, Texas Contractors and to a number of contractors experienced in pump station and reservoir construction. City will provide the Engineer a list of under-utilized contractors who the Engineer will send project notices to. (3) Sell bidding documents to potential bidders, their suppliers and other parties. Provide list of plan holders to City on weekly basis. (4) Provide bidding documents to Dodge Reports, Texas Contractors, and City's independent materials testing lab. Engineering Services Agreement Page 8 of 15 (5) Prepare necessary addenda for incorporating changes to bid documents. (6) Assist City of Coppell during opening of bids and provide bidding tally summary sheets. (7) Review the bidding documents and prepare the bid tabulation by items. Provide one copy of the bid summary and bid tabulation to City and contractors who submitted bids. (8) Obtain the following information from the lowest bidder: Past work history. Physical resources to produce the project. References. Design standards and shop drawings. Formulate opinion from information received and provide the City a recommendation for award of the construction contract. (9) Prepare Contract Documents for execution by the Contractor and the City. (10) Assist the City in conducting Pre-Construction Conference at City facilities including assistance in preparing a meeting agenda. (11) After award of contract, fumish five sets of prints of the final plans (full size), specifications and contract documents to the City and five sets prints to the successful contractor for construction use. Engineering Services Agreement Page 9 of 15 PART III: CONSTRUCTION PHASE Phases I and II: The City will take the lead role during the construction phase of both projects. The chain of communication shall be from the Contractor to the City's on-site representative and then to the City. If the City requires clarification or additional information concerning the plans during construction, at the City' s request, the Engineer will provide a written response to the City. The Engineer's responsibilities during the construction phase are as follows: (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 verities general conformante with the requirements of the Contract Documents. Review of shop drawing submissions is solely for the confirmation of conformante with the design intent and conformante with the requirements shown in the construction documents. Shimek, Jacobs & Finklea 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 Shimek, Jacobs & Finklea will be provided to the City. (3) Provide written responses to requests from the City for information or clarification. (4) Assist City in preparation of change orders and field changes for this project as they pertain to the original scope of work, if requested by the City. (5) Accompany the City during their final inspection of the project, if requested by the City to attend. (6) Recommend final acceptance of work based on information provided by the City' s on- site representative. Engineering Services Agreement Page I0 of 15 (7) Visit the site at weekly intervals, or as otherwise directed by the City, as construction proceeds to observe progress and formulate opinion as to quality of work as it relates to contract documents. Provide the City with written opinion of progress. (8) At the request of the City, review the independent laboratory 's test reports. PART IV: 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) Providing an on-site representative. (2) Providing the services of an independent testing laboratory. (3) Boundary surveys or title-searches. (4) Environmental impact statements and assessments. (5) Fees for permits or advertising. (6) Detailed design of tank structure and foundation. (7) Certification that work is in accordance with plans and specifications. (8) Environmental cleanup. (9) Design of emergency generator connection ports for remote sanitary sewer lift stations. (10) Design of specifications of vehicle required to transport mobile generator. (11) Design of specifications for mobile generator. Engineering Services Agreement Page 11 of 15 EXHIBIT "B" COMPLETION SCHEDULE PHASE I: GROUND STORAGE RESERVOIR Part I: Preliminary Plans and Specifications ..........45 calendar days after notice to proceed. Final Plans and Specifications .....................15 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 ......................................260 days after notice to proceed is provided to construction contractor. PHASE II: PUMP STATION IMPROVEMENTS Part I: Preliminary Plans and Specifications .......... 120 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 ......................................260 days after Notice to Proceed is provided to construction contractor. Engineering Services Agreement Page 12 of 15 EXHIBIT "C" PAYMENT SCHEDULE PHASE I: VILLAGE PARKWAY GROUND STORAGE RESERVOIR NO. 2 Payment for engineering services described under Part I through Part III (for Phase I: Village Parkway Ground Storage Reservoir No. 2), shall be based on the total lump sum amount not to exceed $76,000 if a 4-Million Gallon Reservoir is constructed and $90,000 if a 6-Million Gallon Reservoir is constructed. Our opinion of probable construction cost is $3,000,000 for a six million gallon ground storage reservoir. Our opinion of probable construction cost for a 4-Million Gallon Ground Storage Reservoir is $2,000,000. The schedule for payment shall be as follows: Part la: Preliminary Design Phase .....................................45% of Fee Part Ib: Final Design Phase ..............................................35% of Fee Part II: Bidding Phase .........................................................5% of Fee Part III: Administration During Construction ....................15% of Fee The following is a summary of the estimated charges for the various elements of the proposed work based on both a Six and a Four Million Gallon Ground Storage Reservoir. Lump Sum Charges 4-Million Gallon 6-Million Gallon Reservoir Reservoir Part Ia: Preliminary Design Phase $ 34,200 $ 40,500 Part Ib: Final Design 26,600 31,500 Part II: Bid Phase Services 3,800 4,500 Part III: Construction Administration 11,400 13,500 Not to Exceed Lump Sum Amounts: $ 76,000 $ 90,000 Design Phase services will be invoiced on a monthly basis, based on percent complete of plans. Bidding Phase services will be billed at~er completion of the Pre-Construction Conference. Construction Administration services will be invoiced as a percent of construction complete (dollar value). Engineering Services Agreement Page 13 of 15 EXHIBIT "D" PAYMENT SCHEDULE PHASE II: VILLAGE PARKWAY PUMP STATION IMPROVEMENTS Payment for engineering services described under Part I through Part III (for Phase II: Village Parkway Pump Station Improvements), shall be based on the lump sum amount of $66,500. It is our opinion that the probable cost of construction of the pump station improvements as outlined in the scope of design services for Phase II of this project, is in the range of $500,000 to $550,000. The schedule of payment shall be as follows: Part la: Preliminary Plans and Specifications ...................42% of Fee Part Ib: Final Plans and Specifications .............................34% of Fee Part II.' Bidding Phase .........................................................7% of Fee Part III: Construction Phase ...............................................17% of Fee Estimated Charges Part Ia: Preliminary Design Phase $27,930 Part Ib: Final Design 22,610 Part II: Bid Phase Services 4,655 Part III: Construction Administration 11,305 Not to Exceed Lump Sum Amounts: $66,500 Design Phase services will be invoiced on a monthly basis, based on percent complete of plans. Bidding Phase services will be billed at~er completion of the Pre-Construction Conference. Construction Administration services will be invoiced as a percent of construction complete (dollar value). Engineering Services Agreement Page 14 of 15 EXHIBIT "E" INFORMATION TO BE PROVIDED BY CITY (Phase I and II) 1 ) Right-of-Entry to existing City owned Village Parkway Pump Station. 2) City's Geotechnical Investigation on original Reservoir and Pump Station, if available. 3) City's Geotechnical Investigation on proposed Reservoir project. 4) Available record drawings of the Village Parkway Ground Storage Reservoir and Pump Station. 5) Information on existing Telemetry/SCADA System. 6) Available record drawing of the Village Parkway Pump Station existing Irrigation Plan. 7) Calculations prepared by others on the sizing of the proposed Ground Storage Reservoir. 8) Calculations and system curve prepared by others for use in the selection of proposed Pump Nos. 4 and 5. 9) Proposed specifications of mobile generator set. The engine and generator specifications are needed for evaluation of storing, running and stabilizing criteria. Engineering Services Agreement Page 15 of 15