WA9302-CN 940921 ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Coppeil,
Texas, hereinafter referred to as "City", and Shimek, Jacobs & FinIdea, 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, 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.
III. 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.
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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.
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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 fumish 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
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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 , ..
By: ZPP~ ,
ATTEST:
Date: 9/21/94
D-c~r. arTY
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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) The reservoir is to have a capacity of 6 Million Gallons, with the finished floor
and high water levels to match the grades of the existing ground storage tank.
(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 ~ Vent
~> 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.
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(5) Provisions for site landscape plan prepared by a licensed landscape architect at the
direction of the City.
(6) Provi_sions_ 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.
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(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 system curve and 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 fumish a system head curve for the Village Parkway Pump
Station and the condition for both the high water level and low water levels in the
Ground Storage and Elevated Storage Tanks.
(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-furnished generator specifications prior to their bidding for
capacity, voltage drop, and stability for accommodating pump loads plus building
auxiliaries.
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(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.
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(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:
c> 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, furnish 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.
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PART IlI: CONSTRUCTION PHASE
Phases I and II:
The City will take the lead role during the construction phase of both projects. The chain of
communication shah be from the Contractor to the City's on-site representative and then to
the City. If the City requires clarification or additional information conceming 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 conformance with the
requirements of the Contract Documents. Review of shop drawing submissions is
solely for the confirmation of conformance with the design intent and conformance
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.
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(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. This work is to be included in the
tank manufacturers scope.
(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.
(12) Calculation of system-head curve for proposed Pump Nos. 4 and 5. This information
is to be provided by the City and based on the City's recent water distribution system
analysis.
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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 llI: 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 Plans and Specifications .....................30 days after review comments received
from the City.
Part lI: 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.
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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 $90,000
for a 6-Million Gallon Reservoir. Our opinion of probable construction cost is $3,000,000 for a six
million gallon ground storage reservoir. The schedule for payment shall be as follows:
Part la: Preliminary Design Phase .....................................45% of Fee
Part lb: 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 a Six Million Gallon Ground Storage Reservoir.
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
Not to Exceed Lump Sum Amounts: $ 90,000
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).
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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: ConstructionPhase ...............................................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 after completion of the Pre-Construction Conference. Construction
Administration services will be invoiced as a percent of construction complete (dollar value).
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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, if
available.
8) Calculations and system head curve for the Village Parkway Pump Station for both the high water
levels and low water levels in the Ground Storage and Elevated Storage Tanks 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.
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