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ST9301-CN031008 CITY OF COPPELL CONSUL TING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the ~'~ day of~~.~, 2003, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Jacobs Civil Inc., hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with Sandy Lake Road from Kimbel Kourt to the Coppell East City Limits, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter 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, Attachment 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 fi.om said City Engineer. 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~ Basic Services Parts I & 1I: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of 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. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional 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 govern. 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 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, Scope of Services: Conceptual 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. 3. Compensation. Page 2 Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of Ninety three thousand six hundred and thirty six dollars ($ 93,636), provided, however, that modifications to the Basic Services Part I, 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. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of Ninety three thousand six hundred and thirty six dollars ($ 93,636), The lump sum Basic Services Part I Fee Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I on or before the twenty fifth (25th) 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. 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 except as may be provided by state statute. 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. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood 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 fi:om 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. Page 3 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 modification(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. Pro.iect Deliverables. For each submittal identified in Attachment A, Scope of 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. Proiect 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 Conceptual 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 be compensated for any Services performed after the said submittals and before receipt of City's written instmction to proceed. Page 4 10. 11. 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 parmering 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 partnering 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 voluntary and all participants shall have equal status. 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 performed 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. The decision of the City Manager or designee shall be final and binding except to the extent it is contrary to the law. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 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 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 to the extent caused by such defects, errors or omissions and shall secure, pay for and maintain in fome during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, 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. The parties further agree that this liability provision shall meet the requirements of the express negligence rule Page 5 adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees fi.om any loss, damage, liability or expense, including attorney 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 and to the extent caused by any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any broach 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's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. 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 cimumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder 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. If Engineer's services for the Project are delayed for masons beyond its control, the compensation provided for elsewhere in this Agreement and the time for performance shall be equitably adjusted. 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 fi.om 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. Page 6 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. Upon payment of all amounts required by this Agreement, 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 joint property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any sole 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 while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Pro.iect 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. Any audit shall be limited to cost reimburseable services. 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 Page 7 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 furnish the City with satisfactory proof of compliance therewith. 23. Severabilitv. 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. Page 8 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 255 Parkway P.O. Box 9478 Coppell, Texas 75019 Engineer: Jacobs Civil Inc. 6688 N. Central Expressway Suite 400 MB13 Dallas, Texas 75206-3924 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 BY~~ l~Ianager rDate: October 8, 2003 ENGINEER: Jacobs Civil Inc. BY: ~}.;/e c~t ~ ~. o f OT~exe a~slIo; e ration s Date: October 4, 2003 ATTEST: ATTEST: (CORPORATE SEAL) Page 9 ATTACHMENT "A" BASIC SERVICES Under separate contract to Dallas County, Jacobs Civil Inc. completed drawings for the construction of Sandy Lake Road from Kimbel Kourt to the Coppell East City Limits. These plans were accepted and approved by Dallas County The Engineer agrees to render services necessary for the design of the Project as outlined herein. The Basic Services to be performed by Engineer under this Contract include the following: PART I - FINAL PLANS & ESTIMATE 1. The Engineer will revise the final plans and prepare revised project bid quantities and provide an updated Opinion of Probablre Construction Cost. This shall include summaries of bid items and quantities. Plans and supporting documentation (2 copies each) shall be submitted to the City for final approval. The following revisions shall be incorporated into the plan set: Sidewalk A. The Engineer will show the proposed sidewalk, located 5' from the back of curb, along the South side of the project. Sidewalk will be constructed to City standards. B. The Engineer will revise the grading (cross sections) at the fight turn lane onto Riverchase to accommodate the proposed sidewalk. Drainage at Riverchase A. The drainage area map and hydraulic computations will not be revised. B. The cross sections will not be revised. C. The Engineer will take the existing drainage pipe to the south as well as a newly constructed pipe from the east and tie them into the Sandy Lake Rd system. D. The Engineer will provide new field survey to locate the two new pipes that will be tied into the Sandy Lake Rd storm sewer system. E. A "wye' inlet will be required at the connection if required to accommodate overland flow. Pot Holes for Utilities A. These issues will be handled as added specification items and bid items on the quantity list, but not called out on the plan set. The Engineer will provide an estimated quantity for each of these items and list it on the quantity summary sheet. B. The City will provide a description in the specifications so that the work included in each bid item is defined. Page 10 Sprinkler Conduit/Pipes A. The City will provide to the Engineer a marked up set or other information from the City's Park Department as to the location, size, type, and taps necessary for the sprinkler conduit (irrigation). B. Based on the information provided by the Parks Department, the Engineer will add symbology and notes on the plan & profile sheets, revise the quantity and call outs of conduit lines shown on the typical roadway sections, and revise the plan sheets to indicate the locations of the conduits. The location, type and design of the irrigation heads and drip lines is not part of this scope. C. The Engineer will indicate the location of the power supply for the irrigation, interconnect-wiring, and streetlights. This includes a site visit to determine locations of existing items as well as coordination phone calls with TXU. Thc Engineer will not be responsible for the lighting design, just thc median conduits and general location of the TXU lighting foundations. HC Ramps A. The Engineer will include the City of Dallas Detail 9006, 251D in the plan set, which does meet the newest ADA standards. The details to be shown include cross slopes, running slopes, color barrier between ramp/crosswalk and pedestrian pads at the signal lights. B. The Engineer will modify the plan set HC ramps if they do not meet the newest ADA standards/locations. C. The Engineer will modify the crosswalks and median noses to meet the new ramp locations if necessary. D. The Engineer will submit the plans for the TAS review to a City approved independent agency. City will provide the review and inspection fee. Lower the Profile of Sandy Lake Rd._ A. After coordinating with Jon Scarborough on behalf of ONCOR, the Engineer will lower part of the profile of Sandy Lake Rd. to accommodate the necessary clearance under the transmission lines (located approximately Sta 45+00 to Sta 50+00, just west of Riverchase Dr). ONCOR has stated that they estimate the proposed clearance to be 21.5'; they requested a minimum clearance of 22'; they would prefer to have a clearance of 23'. Therefore, lowering of the profile 1.5' maximum is proposed. B. If the lowering of the roadway interferes with the existing floodplain elevations, The Engineer will not perform any tasks to request a revision to the floodplain maps. C. The drainage area map and hydraulic computations will not be revised. D. The Engineer will relocate the drainage structures to the new low points in the roadway. Miscellaneous Revisions A. The City will modify the specification document and tailor the pay item descriptions to meet the City's requirements. The Engineer will only provide accurate quantities for the pay items. The Engineer' engineers will not sign & seal the specification document. Page 11 B. The Engineer will verify that the Dallas County information (COUNTY OFFICIALS) is correct, as shown on the cover sheet of the plan set. C. The Engineer will provide to the City 30 sets of full size plans (bond) for bidding purposes. The Engineer will then provide to the City 9 sets of full size plans (bond) for the construction phase. D. The Engineer will not develop the complete NOI or SW3P. The selected contractor will prepare the NOI and SW3P. E. The City will provide to the Engineer a complete set of red lined drawings at the conclusion of the construction. The Engineer will incorporate the red-lined revisions into the documents as the final record drawing plan set and provide them to The City. The Engineer' engineers will not sign & seal the record drawings. F. The City wants the proposed roadway width to be revised from 28' to 27' wide. The Engineer will survey the adjoining section immediately to the west of the start of this section to verify widths and locations of curbs, etc. The Engineer will revise all the plans which are affected by this change. These include the quantities, traffic control plans, typical sections, paving plan & profile sheets, striping plan, storm drain plan & profile sheets, hydraulic computations, storm drain laterals, traffic signal plans, culvert and retaining wall plans and all cross sections to reflect the change in roadway width. G. The Engineer will have a surveyor subcontractor set eight (8) new and permanent horizontal and vertical control points. The Engineer will then revise the horizontal/vertical control plan sheet. The points need to be set outside of the construction limits and needs to be done prior to the utility relocations beginning. H. The Engineer will coordinate with ONCOR to obtain the correct streetlight foundation detail, which will be included in the plan set. Note 3 on the paving plan & profile sheets will be revised to show that ONCOR's foundation detail will be used. I. The Engineer will have the surveyor subcontractor update the parcel ownership call outs as follows: parcel 8 - St Josephs, parcel 14 - King, parcel 19 - TXU, parcel 20 - Terra Corp, JV, parcel 27 - Thompson, Kimbrel, Moore. J. The Engineer will show a note that reads "Remove fire hydrant and Replace with new hydrant behind proposed curb" at sta. 37+40 and sta. 42+40. The Engineer will show the extended piping, valves, sleeves, associated with this work. K. The Engineer will identify on the plan set and provide a quantity for the manhole adjustments, water valve adjustments, etc. L. The City will notify The Engineer as to the location, extent, type, etc. of hydromulch to be included on this project. The Engineer will add hydromulch callout/limits on the plans. M. The Engineer will increase the radii for the driveways at the plant nursery on the west end of the project to accommodate larger sized trucks. N. The City will coordinate with the Parks Department as to the required brick pavers, stamped concrete or crushed rock that is to be called out in the median noses. The Engineer will revise the call outs as necessary on the paving plan sheets. Page 12 O. The Engineer will re-verify, to the best of the information currently available, the elevations at new storm drain & water line crossings, as well as other new underground utility crossings. P. The Engineer will add the following note at the "DWU manholes" located at approximately sra. 44+00: "After staking of roadway and prior to construction, please contact Erling Holey at 214-671-9524 with DWU. The location of the manholes with respect to the proposed roadway needs to be verified". Q. The Engineer will revise 'as' to 'at' on sheet 5A, phase I, item I 1. R. The Engineer will revise 'should' to ~shall' on sheet 5A, general notes, note 11. S. The City will provide to The Engineer the plans for three new streets or entrances. They are Starleaf St, St Joseph's entrance and Riverview Office Development entrance. The Engineer will address the traffic control access of these streets/entrances in the phasing plans as well as show their phasing on the traffic control plans sheets. T. The Engineer will also add Starleaf St, St Joseph's entrance and Riverview Office Development entrance to the paving plan & profile, the drainage plan & profile, striping plan, etc. U. The Engineer will revise and update utility contractors/contacts on sheet 12. Specifically, The City of Irving will be added. V. The Engineer will remove the TxDOT reference and add NCTCOG specifications to sheet 12, note 8. W. The Engineer will revise the callout on sheet 20 for the proposed 60" water line as existing and belonging to the City of Irving. X. The City will send The Engineer copies of the construction plans for the existing 12" water line located on the south side of Sandy Lake Rd. The Engineer will incorporate this line into the plan set. Y. At sta. 65+00, The Engineer will callout a meter relocation if necessary and callout a new tie-in for the water line to the "agriculture building" on the north side of Sandy Lake to the existing 12" water line on the south side of the road. Z. The Engineer will callout and show four new 8" water line stubouts with new fire hydrants on the north side of the road, from the existing 12" water line on the south side. There will be three taps to the Peter Park property - at Riverview, at Riverchase and at the east end of the parcel. There will be one stub out to the Holmes property. The Engineer will show the piping, valves, sleeves, associated with this work. 2. The Engineer will provide the City a set of plans at 90% complete for their review. The City will provide comprehensive comments at that point. The Engineer will then incorporate all the revisions requested by The City, finalize the design and submit the final mylars for bidding and construction. Page l3 3. After receipt of review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies final bid plans to the City for distribution to Contractors for bidding the Project. 4. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the joint property of the City and Engineer. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. Record Drawings 1. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans. Engineer will rely solely on markups provided by the City and its Contractors and will place disclaimers on each plan sheet reflecting this reliance. In no terms shall Engineer be held responsible for the adequacy of the revisions as constructed and inspected. 2. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days after the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system. Page 14