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HomeMy WebLinkAbout2000-353NOTE- First Amendment - Ordinance No 2002-075 ORDINANCE NO ZX-35.3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK, JACOBS & FINKLEA, L L P, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Shimek, Jacobs & Finklea, L L P , a Limited Liability Partnership, of Dallas, Texas ("SJ&F"), to provide professional engineering services to the City pertaining to the design of and the preparation of construction plans and specifications for the City's approved, and to -be - constructed, 900 services level one million gallon elevated water storage tank, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with Shimek, Jacobs & Finklea, L L P , of Dallas, Texas, for engineering services pertaining to the design of and the preparation of construction plans and specifications for the City's 900 service level, one million gallon elevated water storage tank, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SJ&F and the ability of SJ&F to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the � day of 12000 Z A04- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By 0"" " /' - /' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By qW W S \Our Documents\0rd1nances\00\Shtmek Jacobs & Finklea PSA-Water 1 MGD Elevated Tank doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICE LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK THIS AGREEMENT is made and entered into as of the — day of l�do�P�ti 2000, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER") and Shunek, Jacobs & Fmklea, L L P , a Limited Liability Partnership, with its offices at 8333 Douglas Avenue, #820, Dallas, Texas 75225 (hereafter "CONSULTANT', the parties acting herein by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") The Project consists of preparation of plans and specifications for a one million gallon elevated water storage tank and general engineering services to be rendered during the construction phase of the Project The CONSULTANT agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances and the CONSULTANT shall, at no cost to OWNER, "re -perform" services which fail to satisfy the foregoing standard performance ARTICLE TT SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Task 1 - Scope of Basic Services- 900 Service Level Elevated Storage Tank," prepared by ENGINEER for OWNER which document is attached hereto as Exhibit "A," and is incorporated herein by reference, which document consists of nine (9) pages, and is comprised of four sections S\Our Loot 4 AWSoo PSA Wm 5ll pT"t Page 1 of 10 Part I - Preparation of Plans and Specifications Part II — Bidding Phase Part III — Construction Phase 4 Part IV - Exclusions Section "A" — Completion Schedule Section "B" — Payment Schedule for Basic Services B If there is any conflict between the terms of tlus Agreement and those Exhibits attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of such Exhibits ARTICLE M ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT OWNER and CONSULTANT have agreed that those additional services items shown in Exhibit "B", incorporated herein by reference, and attached hereto are "Additional Services", that are, services which CONSULTANT and OWNER may consider as this engagement progresses _:iN•I� \� •�� •YC This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area S wmr IRMW a swim PM wnm 5m Tw. Page 2 of 10 of professional engineering, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost 2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions and the tasks set forth in Exhibit "A" — "Task 1" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" set forth in Exhibit "A" — Section "A' CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget —Section B" set forth in Exhibit "A' OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out -of pocket expenses incurred in the Project, a total lump -sum amount of $33, 600 00 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in tlus Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or lus designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later 5 k FW . PSA Wvne Sung T"o Page 3 of 10 provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B hereinabove Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT I£ the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VT OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VTT OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VM INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status 8 W. fi n. HAW.n Sin lT�Page 4 of 10 ARTICLE TX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of tlus Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herem shall waive any of the parry's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury hours of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage lmmts of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with lmuts of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy hunts and coverage, to OWNER SO., A W .PSAWner S". TV &. Page 5 of 10 ARTTCLF. XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansing out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval 'A :4 ij�[i �ei7�i u1�►Y A Notwithstanding any other provision of tlus Agreement, either party may termmate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the termmating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall inirnediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of tennination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or fiuxnshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XTTT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants sau Jmb,AFi nMAW%w$wageT+uk. w Page 6 of 10 ARTICLE XTV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herem I -MI STORK t11►."11 Shimek, Jacobs & Finklea, L L P Attn Gary C Hendricks, P E 8333 Douglas Avenue, #820 Dallas, Texas 75225 Fax (214) 361-0204 WT. iT1Tk JNW City of Denton, Texas Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 Fax (940) 349-8596 All notices under tins Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur �TIY[N/I�iI�I �Y 1;, o f IN1 ul This Agreement consisting of ten (10) pages and two (2) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE. XVTT COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended 3 bur DouvmmWdnortWMOP9hhuek luwb• PloNar PSAWna Swmp TuoYA Page 7 of 10 un I 9j Niel IZA It i I ILI FiN I t0iU Upi UI In performing the services required hereunder, the CONSULTANT shall not drscnmmate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any sigmficant change in its corporate structure or in its operations ARTICLE XV MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herem contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herem set forth AI UV P06JOWW2.1-14IMPAR A The following exhibit is attached to, incorporated within, and is made a part of this Agreement for all purposes pertinent S Wur Oooam=u awoMW h=*J=W A MMUPSA Wow SIMW Took Page 8 of 10 Exhibit "A!'- Basic Services Exhibit "B" - Additional Services B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under tlus Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the key persons who will perform most of the work under tlus Agreement shall be Gary C Hendricks, P E, Project Manager, and John W Birkhoff, P E This Agreement has been entered into with the understanding that the two (2) above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or more of the two (2) above -stated employees, shall be subject to the approval of the OWNER, wluch approval the OWNER shall not unreasonably withhold Nothing herein shall lmut CONSULTANT from using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of tlus Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT has exeputed this Agree me t by and t ough its duly-authonzed undersigned officer on this the 9lp�2 day of 2000 s w. OOcu .Mz.p.i"MW..Y I. 4A W.tl.. MAWow Sm"r TWA Page 9 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ATTEST "OWNER" CITY OF DENTON, TEXAS By �• ichael W Jez, i anager "CONSULTANT" SHIMEK, JACOBS & FINKLEA, L L P By C�� _ �gvvDtCic�S� P� ')'Aa.rAi C✓L By c-:Z:3e , Pest- A, vc F*e rc7z-- S 10" DoaumwWOonYuybNAW JKOW AMO mPSA Wow Sb pTWA Page 10 of 10 TASK "1" SCOPE OF BASIC SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK PART I PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for a I -Million Gallon Composite Elevated Tank based on the following items a) Specifications based on following standards 1) American Water Works Association (AWWA) n) American Nation Standards Institute (ANSI) in) American Society of Testing Materials (ASTM) iv) National Sanitation Foundation (NSF) v) American Concrete Institute (ACI) b) Tank Accessories to include the following Pipe Connections Overflow Dram Tank Ladders Roof Hatches Vent Cathodic Protection Valve & Electric Valve Operators Wet Riser Access and Trunk Doors Antenna Bracket Obstruction Light Interior Light System Exterior Light System Electrical System Chloramme Residual Analyzer c) Provide engineering services for expanding the City's monitoring and control system in order to connect the proposed tank to the SCADA system d) Provisions for site landscape screening along fence lines and reestablished grass at the site e) Provisions for concrete driveway to access tank truck door Professional Services 4greement (0.)119100) EXHIBIT A Task 1 (Page I of ') c \windowsUempUazA I doc I) 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 g) The benchmark on site will be verified by field surveys and tied to existing control provided by the City of Denton h) The high-water level (HWL) as shown in the City of Denton's water distribution system master plan, will be the high-water level of the proposed tank The high water level shall be established from a benchmark elevation as provided by the City of Denton This high water level may be reconfirmed by the City and changed prior to finishing the construction plans i) 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 1) Plans and specifications will include provisions for erosion control devices to be erected as required, along property lines k) Preparation of FAA Notice of Proposed Construction form for City execution as project requirements dictate 1) Construction Plan Sheets will be prepared at a scale of not less than I" = 40' and will include a Cover Sheet, Location Map and Sheet Index m) Preparation of required Highway and Utility permits, as required n) Coordination with other Utility Companies, as required o) Design review meetings p) Opinion of Probable Construction Estimate q) Printing of preliminary plans and specifications for review by the City and Utility Companies r) Design Surveys Professional Services 4greement (05119/00) Task 1 (Page 2 of 7 c \wlndowsuempuuk I do 2) ENGINEER agrees to complete the design in accordance with the guidelines established by the City of Denton Water Utilities Department to include, but not be limited to, the following a) 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 legible and understood when reproduced at one-half scale by reprographic methods b) ENGINEER shall prepare a separate cover sheet for the project c) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish the work covered by this contract d) ENGINEER shall complete the 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 e) ENGINEER shall thoroughly check plans for completeness and accuracy f) ENGINEER shall seal, date and sign each sheet in the plan set Consultant shall also seal, sign and date the cover sheet and project specifications g) 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 h) UPON COMPLETION OF PARTS 1) THROUGH 3), 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 i) ENGINEER shall provide "record" drawings, prepared from the contractor's record drawings I) Submit floppy disk with design files in DWG format All construction plan sheets will be prepared utilizing AutoCAD 2000 on Windows NT No specific computer aided drafting and Professional Sen ices dgreement (03119100) Task I (Page 3 of 7 c \wmamw:uemputuk I do< design specifications will be utilized One copy of electronic files of design plans will be provided to the CITY under the following conditions i) The electronic files are compatible with AutoCAD 2000, operating on an IBM compatible PC using Windows NT operating system it) ENGINEER does not make any warranty as to the compatibility of these files beyond the specified release of the above stated software in) 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 iv) 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 v) 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 vi) All electronic files provided to the CITY will not contain engineers seal, handwritten dates or signatures Profession! Senores agreement (05119100) Task I (Page ! of 'J <\wmdows\,empvuk I d.c PART II BIDDING PHASE 1) Preparing Addenum as necessary 2) Attend a Pre -Bid Conference at the City of Denton facilities 3) 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 4) Attend a Pre -Construction Conference at City facilities including preparing a meeting agenda Po ofessional Sen ices Agreement (0D119100) TnsF 1 (Page � of -1 C\windowzVempklsk Idoc PART III CONSTRUCTION PHASE 1) Review the shop drawings and other submittal information which the Contractor submits for the elevated storage tank All other submittals and shop drawing review will be conducted by the City of Denton Our review of the elevated stoarage tank design 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 2) Provide written responses to requests made by the City of Denton for information or clarification of the plans and specifications 3) The City of Denton agrees to negotiate and prepare routine change orders as required The ENGINEER agrees to review change order documents and provide the City any opinions that may be warranted 4) Accompany the City during their final inspection of the project 5) Recommend final acceptance of work based on information provided by the City's on - site representative 6) A representative of Shimek, Jacobs & Finklea, L L P , will visit the project on an "as need" basis as construction proceeds to observe progress and formulate opinion as to quality of work as it relates to contract documents A minimum of four site visits will be conducted by Shimek, Jacobs & Finklea' representatives 7) Attend a final walk through of the completed project and assist the City in the preparation of the completion punch list Professional Services agi eement (0)119/00I TasA I (Page 6 of j c \%indouOempVmk I doc PART IV EXCLUSIONS The intent of our scope of services is to include only the services specifically listed in Task 1 and Task 2 and none others Services specifically excluded from the scope of services include, but are not necessarily limited to the following 1) Boundary surveys or title -searches 2) Environmental impact statements and assessments 3) Fees for permits or advertising 4) Detailed design of tank structure and foundation 5) Certification that work is in accordance with plans and specifications 6) Environmental cleanup 7) Review of shop drawing submittals other than those specifically related to the structural design of the eleveated storage tank 8) Preparation or review of Monthly Pay Request 9) Review of Daily inspection test reports 10) Preparation of routine change orders Professional Services dgreement (0�119/00) Tas6 I (Page - of -I c\uindm s\lemp\task I doc SECTION "A" COMPLETION SCHEDULE 900 SERVICE LEVEL ELEVATED STORAGE TANK Part I Preliminary Plans and Specifications Final Plans and Specifications Part II Bidding Phase Part III Construction Phase 90 calendar days after notice to proceed 30 calendar days after review comments received from the City 45 calendar days from establishment of bid date and project advertisement 360 days after notice to proceed is provided to construction contractor Professional Senices Agreement (05119100) c \windows\mmpoenion a doe Section 'A" (Page I of 1) SECTION "Bit PAYMENT SCHEDULE FOR BASIC SERVCIES 900 SERVICE LEVEL ELEVATED STORAGE TANK Our opinion of probable construction cost for the basic Elevated Storage Tank construction is $1,070,000 Engineering services described under Basic Services — Task 1 for the 1 0 Million Gallon Composite Elevated Storage Tank, shall be paid on the total lump sum amount not to exceed $33,600 The schedule for the basic services payment for Parts I through III shall be as follows Basic Services Design Fees Basic Services Phase 1) 10 Million Gallon Elevated Storage Tank Part I — Design Phase • Preliminary Design $18,800 • Final Design $8 100 or II —Bidding Phase $1,300 Part III — Construction Administration Phase $5 400 Total Basic Services Fee (Parts I through III) $33,600 • 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) Professional Services Agreement (0.)/19100) Section `B" (Page I of l) c \windows\ampUemion b doe TASK "2" ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK 1) Provide Geotechmcal Investigation, including three borings at the base of the proposed tank structure, two copies of report will be provided to the City Geotechnical services to be provided by a sub -consultant contract with Henly Johnston & Associates, Inc 2) Inspection - Quality Control & Materials Testing Services will be provided by Henley Johnston Associates as a sub -consultant to this contract The scope of services provided will be as follows a) 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 b) Daily inspection and testing of painting operation including blasting, mil thickness and holiday testing c) Quality control and materials testing including optimum moisture/density, Atterburg limits, field density test, pier inspection, concrete testing and concrete mix design review 3) Regulatory Assistance During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The ENGINEER will assist OWNER personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts 4) Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER 5) Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications 6) Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties, including the preparation of engineering data and reports for assistance to the OWNER EXHIBIT B Professional Services Agreement (05119100) TasF 2 (Page 1 of 1) c \winEous4emp\iesA I doc SECTION 'iC" PAYMENT SCHEDULE FOR ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK Engineering services described under Task 2 - Additional Services for the 1 0 Million Gallon Composite Elevated Tank and the Offsite Water Lines, shall be considered additional services Additional Services shall be paid for based on actual salary cost times a multiplier of 2 5, with expenses billed at actual invoice amount times 1 15 Based on the aniticpated level of work involvled, we suggest the City of Denton budget the amounts outlined below for additional services Additional Services 1) Geotechnical Evaluations (design phase) $7,700 2) Inspections, Quality Control and Material Testing a) Daily Steel Erection and Welding Inspection $9,750 b) Daily Blast and Paint Inspection $2,100 c) Materials Testing and Quality Control $22,150 3) through 6) Not Funded Subtotal, 10 Million Gallon Elevated Tank $41,700 Professional Services 4greement (0.)/]9100) Section "C' (Page / of 1) c\windows\mmpuedmn c dac ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH BIRKHOFF, HENDRICKS & CONWAY, L L P (FORMERLY SHIMEK, JACOBS & FINKLEA, L L P), FOR ENGINEERING SERVICES PERTAINING TO THE CONSTRUCTION PHASE AND FOR MATERIALS TESTING REGARDING THE CITY OF DENTON NORTHWEST SERVICE AREA ELEVATED WATER STORAGE TANK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to continue to engage the firm of Birkhoff, Hendricks & Conway, L L P (formerly known as Shimek, Jacobs & Finklea, L L P ), a Limited Liability Partnership, of Dallas, Texas (`BH&C"), to provide further professional engineering services to the City pertaining to the construction phase and for materials testing, together with the previously authorized preparation of construction plans and specifications contained in the Professional Services Agreement ("Agreement") for the City's Northwest Service Area Elevated Water Storage Tank, and WHEREAS, the City Council on September 26, 2000 enacted Ordinance No 2000-353, which approved the City entering into the original Professional Services Agreement of even date therewith, now there is a need for further professional services in the construction phase of the Project, and these additional services are specifically set forth in the terms of the First Amended Professional Services Agreement ("First Amendment"), and WHEREAS, the City staff has reported to the City Council that there remains a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the First Amendment to Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a First Amendment to Professional Services Agreement with Birkhoff, Hendricks & Conway, L L P , of Dallas, Texas, for additional engineering services pertaining to the construction phase and for materials testing for the City's Northwest Area Elevated Water Storage Tank, in substantially the form of the First Amendment to Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of BH&C and the ability of BH&C to perform the professional services needed by the City for a fair and reasonable price SSECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby confirmed, additionally that the First Amendment, providing for the expenditure of an additional $43,228 50 in funds is hereby authorized, totaling $76,828 50 SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ins day of 2002 &A4't'. /&� EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmances\02\Btrkhoff Hendricks & Conway LLP Engr NW Water Twr First Amend PSA doc THE STATE OF TEXAS § COUNTY OF DENTON § FIRST AMENDED AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT to that certain Professional Services Agreement, executed September 26, 2000, heretofore entered into by and between the City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter referred to as "CITY"), and the firm of Shrmek, Jacobs & Finklea, L L P , (now known by name change as "Brrkhoff, Hendricks & Conway, L L P ", hereafter referred to as "BH&C"), with its offices at 7502 Greenville Avenue, Suite 220, Dallas, Texas 75231, acting herein by and through their respective duly authorized signatories, and NOW THEREFORE, the City of Denton, Texas and the firm of BH&C (hereafter collectively referred to as the "PARTIES"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following amendments to the terms and conditions of the Professional Services Agreement (hereafter the "Agreement') previously approved by the City Council on September 26, 2000, in the amount of $33,600, and by Ordinance No 2000-353, to wit I That those additional "Basic Services" relative to the "Construction Phase" of the Project (hereafter the "Northwest Service Area Elevated Water Storage Tank) set forth in the Letter from Gary C Hendricks, P E of BH&C to Timothy S Fisher, P E of the CITY, dated February 13, 2002, marked and attached as Exhibit I hereto, incorporated by reference herein, shall also be performed by BH&C, for the additional sum of $13,200, as provided by and in accordance with Article II of the Agreement "Scope of Services" and the other Articles of the Agreement II That those additional "Basic Services" set forth in the Letter and related Attachment from Herbert C Crowder, Quality Control Manager of Henley Johnston & Associates, Inc (hereafter "HJ&A"), Subcontractor, to Gary C Hendricks, P E of BH&C, for required inspection and testing of materials, dated January 11, 2002, marked and attached as Exhibit II hereto, incorporated by reference herein, shall also be performed by BH&C through its subcontractor, HJ&A, for the additional sum of $30,028 50, as provided by and in accordance with Article III of the Agreement "Additional Services" and the other Articles of the Agreement III That the additional "Basic Services" described and set forth in Article II above shall be added to the heretofore original approved amount of $33,600 of the Agreement, then the provisions of Article V B 1 , final sentence, of the Agreement shall instead be a lump -sum amount of $46,800, representing an additional $13,200 of compensation payable by the CITY to BH&C, which reads as follows "OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out-of-pocket expenses incurred in the Project, a total amount oP$46,800 " Further, Additional Services set forth in Article III and other Articles of the Agreement and modified by letter referenced in Article I above, are herby authorized, then the first sentence of Article V C shall be modified to read as follows "For additional services outlined in "Exhibit B" attached hereto, consultant shall be paid an amount not to exceed $30,028 50 for quality control and material testing services provide by Henley -Johnston & Associates during the construction phase of the project " IV That the CONSULTANT regarding both the Agreement and this First Amended Agreement shall be hereafter referred to as the firm of Birkhoff, Hendricks & Conway, L L P , of Dallas, Texas, the successor by name change, to Shimek, Jacobs & Finklea, L L P of Dallas, Texas, the original CONSULTANT, who is no longer doing business u The PARTIES agree, that except as specifically provided for by this First Amended Agreement for Professional Services, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the PARTIES set forth in the Agreement, shall remain in full force and effect IN WITNESS WHEREOF, the City of Denton, Texas and the firm of Birkhoff, Hendricks & Conway, L L P have executed this First Amended Agreement for Professional Services, in (4) original counterparts, by and through their pectrve duly auth zed 'epresentatives and officers on this the r day of 2002 2 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" BIRKHOFF, HENDRICKS & CONWAY, L L P A Texas Limited j mlytllk09tnershtp / Lo ATTEST By S \Our Documents\Contracts\02\B1rkhoffHendricks &Conway First Amended PSA NW Water Tower doe BIRKHOFF, HENDRICKS & CONWAY, L.L.P. CONSULTING ENGINEERS 7502 Greenville Ave, #220 Dallas, Texas 75231 JOHN W BIRKHOPP PB RONALD V CONWAY, PB GARY C HENDRICKS, P E JOB R CARTER, PE. PAUL A CARLINE P B MATTHICKEY, P B ROSS L. JACOBS P B I C FINKLEA,PH Mr Timothy S Fisher, P E Assistant Director of Water Utilities City of Denton 901 ATexas Street Denton, Texas 76201 Re Northwest Service Area Elevated Storage Tank Engineering Services Agreement Amendment Purchase Order Number 11249 Dear Mr Fisher Fax (214) 361-0204 Phone (214) 361-7900 February 13, 2002 As you requested, we are pleased to submit this revision to our Engineering Services Agreement with the City of Denton for the Northwest Service Area Elevated Storage Tank project, dated September 26, 2000 (Denton City Ordinance Number 2000-353, Purchase Order Number 11249) This revision modifies the scope of our engineering services as follows EXHIBIT t°A" SCOPE OF BASIC SERVICES PART III CONSTRUCTION PHASE Strike the task numbered 1 through 7 and replace with the following I Review shop drawings and other submittal information that the Contractor submits This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents 2 Provide either written or verbal responses (as conditions dictate) to requests for information or clarification to the plans to City or Contractor 3 Provide wither written or verbal directives to the Contractor or City's representative regarding interpretation of the plans, specifications and contract 4 Prepare and process routine change orders for this project as they pertain to the original scope of services EXHIBIT I Mr Timothy S Fisher, P E Assistant Director of Water Utilities City of Denton February 14, 2002 Page Number 2 5 Prepare monthly pay requests form from information received from contractor Review request and make recommendation to the City for payment 6 Accompany the City during their final walkthrougb of the project and assist the City on the preparation of the completion punch list 7 Recommend final acceptance of the project based on information provided by the City's onsite representative 8 Review of Daily inspection and material test reports 9 A representative of Birkhoff, Hendricks & Conway, L L P will visit the site at appropriate intervals as construction proceeds to observe progress and formulate opinion as to qualify of work as it relates to contract documents A nummnm of twelve site visits will be conducted. A memorandum will be prepared for each site visit indicating the engineer's observations and any on -site directive made These visits specifically exclude any responsibility by the Engineer for lob safety or means and methods of construction. • PART IV EXCLUSIONS Stnke items 7, 8, 9 & 10 from this list of exclusions to the scope of services For the additional services outlined above, we propose to increase our Basic Services compensation by $13,200 making the revised lump sum amount for Basic $18,600 We propose Section `B" of Exhibit A to the original agreement be modified as below to reflect tins change SECTION"B" PAYMENT SCHEDULE FOR BASIC SERVICES Basic Services Phase Onginal Contract Amount (P O No 11249) Additional Amount of this Amendment Revised Contract Amount Part I — Design Phase . Preliminary Design $18,800 $0 00 $18,800 Final Design $8,100 $0 00 $8,100 Part II — Bidding Phase $1,300 $0 00 $1,300 Part III — Construction Administration Phase $5,400 $13,200 $18,600 Total Basic Services Fee (Parts I — III) $33,600 00 $13,200 00 $46,800 00 Mr Timothy S Fisher, P E Assistant Director of Water Utilities City of Denton February 14, 2002 Page Number 3 In addition to the revised scope of basic services for contract administration, we have also received an updated proposal from Henley Johnston & Associates, Inc for the quality control and material testing portion of our contract A copy is enclosed for your review Section "C" of Exhibit "A" to our agreement provides that additional services will be compensated for based on actual salary cost times a multiplier of 2 5 and expenses billed at actual invoice tmres 1 15 For the additional services provided by Henley Johnston & Associates, we hereby agree to bill the City of Denton at actual invoice amounts trines 10 Based on the Henley Johnston & Associates proposal, we recommend you budget in the range of $30,028 50 these additional services Our original agreement provided an amount of $34,000 for these services If you are in agreement with the revised scope of engmeermg services and compensation amount, please have one copy of this Engineering Services Agreement Amendment executed for the City of Denton and returned to our office We appreciate the opportunity to provide continued engineering se to discuss this contract amendment further at your convenience ACCEPTED FOR THE CITY OF DENTON By Date are available JHENLEY JOHNSTONJOHNST & ASSOCIATES, INC engineering geoscience consultants 11 January 2002 CITY OF DENTON, TEXAS thru BIRKHOFF, HENDRICKS & CONWAY, LLP 7502 Greenville Ave, #220 Dallas, Texas 75231 Attention Mr Gary C Hendricks, P E Re Quality Control Services 1 0 Million Gallon Elevated Water Storage Tank North Loop 288 Denton, Texas Dear Mr Hendricks Enclosed is our updated proposal for Quality Control Seances during the construction of the 1 0 Million Gallon Elevated Water Storage Tank off North Loop 288 in Denton, Texas Henley -Johnston & Associates, Inc will provide the necessary personnel to perform the required inspection and testing on this project The scope of the proposal is for full time Inspection and testing services for foundation piers and structural concrete All other Items are on an "as needed" basis Unit prices have been delineated on the attached proposals, as well as the anticipated costs Though current information available to this office Indicates that no masonry will be involved, unit prices for mortar and grout testing have been provided should the planned construction be modified in the future Please be assured that we will make every effort to work within the budget estimate established We appreciate this opportunity to be of service to you Please contact us if there are any questions or if additional information is required Very truly yours, -71 Herbert C Crowder Quality Control Manager Henley -Johnston & Associates, Inc Enclosure telephone (214) 941 3808 fax (214) 943 7645 235 Morgan Ave fl!aX fffB"'Tt J HENLEY JOHNSTON & ASSOCIATES, INC QUALITY CONTROL PROPOSAL A engineertng geosmence consultants 'AS NEEDED• TESTING — COST ESTIMATE 11 January 2002 1 TO City of Denton, Texas, thru: Birkholf, Hendricke i Conway, L.L.P , Dallas, Texas FOR quality Control Services, North Loop 268 Elevated Storage Tank, Denton, Texas IT M STIMA ED NO QUANTITY UNIT TOTAL ELEVATED STORAGE TANK FOUNDATION PIERS (Full Time Inspection) 107 Sr Inspector/rectniclan* 48 Ir $48 00 $2,180 00 108 Inspector/Technician 10 IT $3500 $350 00 225a Concrete cylinders, curing and breaking 16 as $14 00 $224 00 225b Concrete cyllndem, told 0 as $10 00 $0 00 235 Field Corporate Slump As Required" N/C N/C 248 Trip Charges 7 as $25 00 $175 00 CONCRETE CONTROL — Structural — Footings, Stab, Pedestal and Dome 107 Sr Inspector/rectniaian* 144 IT $45 00 $6,480 00 108 Inepector/Techniclwp 225 hr $3500 $787 50 225a Concrete cylinders, curing and breaking 96 as $14 00 $1,344 00 225b Concrete cylinders, told 0 as $10 00 $0 00 235 Field Concrete Slump As Required** N/C N/C 236 Field Air Content As Required" N/C N/C 248 Trip Charges 25 as $25 00 $625 00 STRUCTURAL STEEL INSPECTION 109a Steel Inspector (Field) 1W IT $4000 $4,00000 109d Steel Inspector, X—ray 1 IrN cost + 15% $1,000 00 1090 Steel Inspector, Palm Inspection 1 Inv cost + 15% $4,5W 00 248 Trip Charges 20 as $25 00 $500 00 ASSOCIATED CONSTRUCTION (Roadway, Fence, Utilities, Etc ) EARTHWORK 108 Inspector/Tachnickin 8017 $3500 $2,60000 222c Optimum Moisture, Standard Compaction, rav soil 3 ea $115 00 $346 00 222d Optimum Moisture, Standard Compaction, soil 8 lime 2 as $135 00 $270 00 231 Field Density Tests 80 as $5 W $400 00 248 Trip Charges 20 as $25 00 $500 00 CONCRETE TESTING (Paving and Flatwork) 108 Inapector/Technbian* 225a Corporate cylinders, curing and breaking 225b Concrete cylinders, hold 235 Field Concrete Slump 236 Field Air Content 248 Trip Charges MORTAR 32 hr $3500 $1,12000 32 ea $14 00 $448 00 0 as $10 00 $0 00 As Required** N/C N/C As Required** N/C N/C 8 as $0 00 $200 00 107 Sr Inspector/Tactnlclan 0 hr $45 00 $0 00 233c Mortar Cubes, curing and breaking 0 as $12 00 $0 00 233d Grout Prisms 0 as $16 00 $0 00 248 hip Charges 0 as $25 00 $0 00 REPORTS 106 Quality Control Manager 15 IT $9D 00 $1,200 00 103 Staff Support— drafting typing, etc 8 IT $46 00 $360 00 104 Reproduction, In house 1Soo as $0 15 $240 00 telephone (214) 941 3808 fox 1214) 943 7645 235 Morgan Ave Dallas Texas 75203 1088 JHENLEY JOHNSTONJOHN8T & ASSOCIATES, INC engineering geoscienceconsultants WIi="W1 *;rs1a1 axs u,F ire 11 January 2002 TO City of Denton, Texas, thrc. Birkhoff, Hendricks & Conway, L LP , Dallas, Texas FOR Quality Control Services, North Loop 288 Elevated Storage Tank, Denton, Texas IT IMA D P NO ITEM QUANTITY UNIT TOTAL CONS LTATION AND CONFERENCES 100 Principal 0 IT $11000 $000 106 Quality Control Manager 0 IT $00 00 $0 00 109 Other Direct Expenses 0 Inv Cost + 16% $0 00 ESTIMATED PROJECT TOTAL —RURAL " Reber Inspection Included "• Included in Inspecror/rechriclan time charges. QUALIFICATIONS 1 See Covering Letter 2 Right of Entry and access to site to be provided by Client 3 All required Field Survey for vertical and horieornal control will be determined by Clent 4 This Investigation involves Oudlty Conbol Services only, no environmental studies of any nature are included a Client required overtkne and weekend rate YA be blled at 125 times the posted unit rates 6 All krvoloea are due upon receipt and payable wkNn 30 days of date of krvolce. BY Z�� Herbert C Crowder Quality Control Manager Henley —Johnston & Associates, Inc ACCEPTED DATE telephone (214J 941 3808 fax (214) 943 7645 235 Morgan Ave Dallas Texas 75203 1088 ORDINANCE NO 52 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SHIMEK, JACOBS & FINKLEA, L L P , FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICES LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Shimek, Jacobs & Finklea, L L P , a Limited Liability Partnership, of Dallas, Texas ("SJ&F'% to provide professional engineering services to the City pertaining to the design of and the preparation of construction plans and specifications for the City's approved, and to -be - constructed, 900 services level one million gallon elevated water storage tank, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with Shimek, Jacobs & Finklea, L L P , of Dallas, Texas, for engineering services pertaining to the design of and the preparation of construction plans and specifications for the City's 900 service level, one million gallon elevated water storage tank, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of SJ&F and the ability of SJ&F to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval / PASSED AND APPROVED this the0- day of 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By OZZIMIU41-L, zl)/X�1( '6 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Doouments\Ordinances\00\Sbtmek Jacobs & Ftnklea PSA Water 1 MGD Elevated Tank doc STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAE41NG TO THE DESIGN OF AND THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE CITY OF DENTON 900 SERVICE LEVEL ONE MILLION GALLON ELEVATED WATER STORAGE TANK T�HS AGREEMENT is made and entered into as of the a2// l day of 2000, by and between the City of Denton, Texas, a Texas Mumcipal Corporation, with its principal offices at 215 East McKinney Street, Denton, Texas 76201 (hereafter "OWNER') and Shimek, Jacobs & Finklea, L L P , a Lmuted Liability Partnership, with its offices at 8333 Douglas Avenue, #820, Dallas, Texas 75225 (hereafter "CONSULTANT"), the parties acting herein by and through their duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herem contained, the parties hereto do mutually AGREE as follows ARTICLE T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") The Project consists of preparation of plans and specifications for a one milhon gallon elevated water storage tank and general engineering services to be rendered during the construction phase of the Project The CONSULTANT agrees to exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances and the CONSULTANT shall, at no cost to OWNER, "re -perform" services which fail to satisfy the foregoing standard performance ARTTCI E TT SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services in a professional manner A To perform those professional services as set forth in the "Task 1 - Scope of Basic Services- 900 Service Level Elevated Storage Tank," prepared by ENGINEER for OWNER which document is attached hereto as Exhibit "A," and is incorporated herein by reference, Much document consists of nine (9) pages, and is comprised of four sections r- m Part I - Preparation of Plans and Specifications 2 Part II — Bidding Phase 3 Part III — Construction Phase 4 Part IV - Exclusions Section 'IN'- Completion Schedule Section "B" — Payment Schedule for Basic Services B If there is any conflict between the terms of this Agreement and those Exhibits attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of such Exhibits ARTICT F III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above-descnbed Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT OWNER and CONSULTANT have agreed that those additional services items shown in Exlubit "B", incorporated herem by reference, and attached hereto are "Additional Services", that are, services which CONSULTANT and OWNER may consider as this engagement progresses ARTICLE TV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period that may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional engineering, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and sumlar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project in accordance with the provisions and the tasks set forth in Exhibit "A" — "Task 1" attached hereto and incorporated herewith by reference CONSULTANT shall perform the said professional services substantially in accordance with the "Project Schedule" set forth in Exhibit "A" — Section "A" CONSULTANT shall be paid for services rendered pursuant to the Agreement on the basis set forth in the "Project Budget —Section B" set forth in Exhibit "A" OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out -of pocket expenses incurred in the Project, a total lump -sum amount of $33, 600 00 2 Partial payments to the CONSULTANT will be made monthly m accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or Ins designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or Ins designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any tune when the CONSULTANT is in default under tlus Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B heremabove Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE V OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants /1 • Il • • 1 All documents prepared or famished by the CONSULTANT (and CONSULTANTS subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and famished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project MOMMEW-TI-y"i"Ill CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE TX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without Imitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of tlus Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the parry's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved t During the performance of the Services under thus Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury bruits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury lumts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with Hints of not less than $1,000,000 annual aggregate E CONSULTANT shall fumish insurance certificates or insurance policies at the OWNEWs request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, famishing at least the same policy limits and coverage, to OWNER ARTTC I.F. XT ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under tlus Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be alternatively be tenrunated in whole or in part in the event of either party substantially faihng to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to temunate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reunbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or farmshed by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XTTT RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICI.F. XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herem To CONSULTANT Shnnek,Jacobs & Finklea, L L P Attn Gary C Hendricks, P E 8333 Douglas Avenue, #820 Dallas, Texas 75225 Fax (214)361-0204 To OWNER City of Denton, Texas Michael W Jez, City Manager 215 East McKinney Denton, Texas 76201 Fax (940)349-8596 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and two (2) exhibits constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of thus Agreement . t 415 If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invand or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XV� COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended : un • , • C lulp c • " • I.M.: In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the tern of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE = MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth A The following exhibit is attached to, incorporated within, and is made a part of this Agreement for all purposes pertinent Exhibit "A!'- Basic Services Exlnbit "B" - Additional Services B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that the key persons who will perform most of the work under this Agreement shall be Gary C Hendricks, P E, Project Manager, and John W Birkhoff, P E This Agreement has been entered into with the understanding that the two (2) above -stated employees of CONSULTANT shall perform all or a significant portion of the work on the Project Any proposed changes regarding change of personnel, requested by CONSULTANT, respecting one or more of the two (2) above -stated employees, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firth to perform the other incidental services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information fiumshed to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of tlus Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT has 9e/xe ted this Agreement by and through its duly-authonzed undersigned officer on this the day of---c'"9 f 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "OWNER" CITY OF DENTON, TEXAS lo./jr 4,;,, - - w-, - Mwf /WM�7 , MA J,mo "CONSULTANT" SHMEY, JACOBS & EA, L L P By` C"AlZi p.E, ATTEST By —C:: PAUL h, C62L�NE, P,c 13t¢Tr o2 TASK "1tt SCOPE OF BASIC SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK PART I PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for a 1-Million Gallon Composite Elevated Tank based on the following items a) Specifications based on following standards 1) American Water Works Association (AWWA) it) American Nation Standards Institute (ANSI) in) American Society of Testing Materials (ASTM) iv) National Sanitation Foundation (NSF) v) American Concrete Institute (ACI) b) Tank Accessories to include the following Pipe Connections Overflow Dram Tank Ladders Roof Hatches Vent Cathodic Protection Valve & Electric Valve Operators Wet Riser Access and Trunk Doors Antenna Bracket Obstruction Light Interior Light System Exterior Light System Electrical System Chloramme Residual Analyzer c) Provide engineering services for expanding the City's monitoring and control system in order to connect the proposed tank to the SCADA system d) Provisions for site landscape screening along fence lines and reestablished grass at the site e) Provisions for concrete driveway to access tank truck door Professional Seniees agreement (0.)/l9/00j EXHIBIT A Task I (Page I of ) f) 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 g) The benchmark on site will be verified by field surveys and tied to existing control provided by the City of Denton h) The high-water level (HWL) as shown in the City of Denton's water distribution system master plan, will be the high-water level of the proposed tank The high water level shall be established from a benchmark elevation as provided by the City of Denton This high water level may be reconfirmed by the City and changed prior to finishing the construction plans i) 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 1) Plans and specifications will include provisions for erosion control devices to be erected as required, along property lines k) Preparation of FAA Notice of Proposed Construction form for City execution as project requirements dictate 1) Construction Plan Sheets will be prepared at a scale of not less than 1" = 40' and will include a Cover Sheet, Location Map and Sheet Index m) Preparation of required Highway and Utility permits, as required n) Coordination with other Utility Companies, as required o) Design review meetings p) Opinion of Probable Construction Estimate q) Printing of preliminary plans and specifications for review by the City and Utility Companies r) Design Surveys Professional Services 4greemen[ (05119100) Tas6 1 (Page 2 of -) 2) ENGINEER agrees to complete the design in accordance with the guidelines established by the City of Denton Water Utilities Department to include, but not be limited to, the following a) 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 legible and understood when reproduced at one-half scale by reprographic methods b) ENGINEER shall prepare a separate cover sheet for the project c) ENGINEER shall prepare details or typical sections as may be required by CITY to accomplish the work covered by this contract d) ENGINEER shall complete the 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 e) ENGINEER shall thoroughly check plans for completeness and accuracy f) ENGINEER shall seal, date and sign each sheet in the plan set Consultant shall also seal, sign and date the cover sheet and project specifications g) 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 h) UPON COMPLETION OF PARTS 1) THROUGH 3), 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 i) ENGINEER shall provide "record" drawings, prepared from the contractor's record drawings I) Submit floppy disk with design files in DWG format All construction plan sheets will be prepared utilizing AutoCAD 2000 on Windows NT No specific computer aided drafting and Professional Sen ices 4greement (W19100) Task 1 (Page 3 of -) design specifications will be utilized One copy of electronic files of design plans will be provided to the CITY under the following conditions i) The electronic files are compatible with AutoCAD 2000, operating on an IBM compatible PC using Windows NT operating system ii) ENGINEER does not make any warranty as to the compatibility of these files beyond the specified release of the above stated software iii) 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 iv) 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 v) 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 vi) All electronic files provided to the CITY will not contain engineers seal, handwritten dates or signatures Professional Senices Agreement (05119100) TasA 1 (Page 4oj ) 11, PART II BIDDING PHASE 1) Preparing Addenum as necessary 2) Attend a Pre -Bid Conference at the City of Denton facilities 3) 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 4) Attend a Pre -Construction Conference at City facilities including preparing a meeting agenda Po ofessional Semces dgreement (05119100) TasA I (Page -) of j - - __ - .1� PART III CONSTRUCTION PHASE 1) Review the shop drawings and other submittal information which the Contractor submits for the elevated storage tank All other submittals and shop drawing review will be conducted by the City of Denton Our review of the elevated stoarage tank design 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 2) Provide written responses to requests made by the City of Denton for information or clarification of the plans and specifications 3) The City of Denton agrees to negotiate and prepare routine change orders as required The ENGINEER agrees to review change order documents and provide the City any opinions that may be warranted 4) Accompany the City during their final inspection of the project 5) Recommend final acceptance of work based on information provided by the City's on - site representative 6) A representative of Shimek, Jacobs & Finklea, L L P , will visit the project on an "as need" basis as construction proceeds to observe progress and formulate opinion as to quality of work as it relates to contract documents A minimum of four site visits will be conducted by Shimek, Jacobs & Finklea' representatives 7) Attend a final walk through of the completed project and assist the City in the preparation of the completion punch list Professional Services d 4, eemeni (ojn 9100) TosA I (Page 6 of j 11, PART IV EXCLUSIONS The intent of our scope of services is to include only the services specifically listed in Task 1 and Task 2 and none others Services specifically excluded from the scope of services include, but are not necessarily limited to the following 1) Boundary surveys or title -searches 2) Environmental impact statements and assessments 3) Fees for permits or advertising 4) Detailed design of tank structure and foundation 5) Certification that work is in accordance with plans and specifications 6) Environmental cleanup 7) Review of shop drawing submittals other than those specifically related to the structural design of the eleveated storage tank S) Preparation or review of Monthly Pay Request 9) Review of Daily inspection test reports 10) Preparation of routine change orders Professional Services {greement (0)119100j Tas6 I (Page - of ) F SECTION "A" COMPLETION SCHEDULE 900 SERVICE LEVEL ELEVATED STORAGE TANK Part I Preliminary Plans and Specifications 90 calendar days after notice to proceed Final Plans and Specifications 30 calendar days after review comments received from the City Part II Bidding Phase 45 calendar days from establishment of bid date and project advertisement Part III Construction Phase 360 days after notice to proceed is provided to construction contractor Professional Services dgreement (W19/0) Section 'A' (Page I of U SECTION ttBtt PAYMENT SCHEDULE FOR BASIC SERVCIES 900 SERVICE LEVEL ELEVATED STORAGE TANK Our opinion of probable construction cost for the basic Elevated Storage Tank construction is $1,070,000 Engineering services described under Basic Services — Task I for the 10 Million Gallon Composite Elevated Storage Tank shall be paid on the total lump sum amount not to exceed $33,600 The schedule for the basic services payment for Parts I through III shall be as follows Basic Services Design Fees Basic Services Phase 1) 10 Million Gallon Elevated Storage Tank Part I — Design Phase Preliminary Design $18,800 • Final Design $8,100 Part II — Bidding Phase $1,300 Part III —Construction Administration Phase $5,400 Total Basic Services Fee (Parts I through III) $33,600 • 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) Professional Services agreement (0�119100) Section "B" (Page I of U TASK "2" ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK 1) Provide Geotechnical Investigation, including three borings at the base of the proposed tank structure, two copies of report will be provided to the City Geotechmcal services to be provided by a sub -consultant contract with Henly Johnston & Associates, Inc 2) Inspection - Quality Control & Materials Testing Services will be provided by Henley Johnston Associates as a sub -consultant to this contract The scope of services provided will be as follows a) 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 b) Daily inspection and testing of painting operation including blasting, mil thickness and holiday testing c) Quality control and materials testing including optimum moisture/density, Atterburg limits, field density test, pier inspection, concrete testing and concrete mix design review 3) Regulatory Assistance During the course of the project, as requested by OWNER personnel, the ENGINEER will be available to accompany OWNER personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The ENGINEER will assist OWNER personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts 4) Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER 5) Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications 6) Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties, including the preparation of engineering data and reports for assistance to the OWNER EXHIBIT B Professional Son ices Agreement (0119/00) TasA1 (Page ! of /) — _I l'/An SECTION "C" PAYMENT SCHEDULE FOR ADDITIONAL SERVICES 900 SERVICE LEVEL ELEVATED STORAGE TANK Engineering services described under Task 2 - Additional Services for the 1 0 Million Gallon Composite Elevated Tank and the Offsite Water Lines, shall be considered additional services Additional Services shall be paid for based on actual salary cost times a multiplier of 2 5, with expenses billed at actual invoice amount times 1 15 Based on the aniticpated level of work mvolvled, we suggest the City of Denton budget the amounts outlined below for additional services Additional Services 1) Geotechnical Evaluations (design phase) $7,700 2) Inspections, Quality Control and Material Testing a) Daily Steel Erection and Welding Inspection $9,750 b) Daily Blast and Paint Inspection $2,100 3 yo�o c) Materials Testing and Quality Control $22,150 3) through 6) Not Funded Subtotal, 10 Million Gallon Elevated Tank SILL Professronaf Semmes agreement (0.)119100) Section C' (Page / of !)