Item 5BCity of Southlake, Texas
MEMORANDUM
October 19, 2004
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works
Subject: Authorize the Mayor to execute a professional services agreement with
Cheatham and Associates for the design of the Florence Elevated Storage
Tank.
Action Requested: Authorize the Mayor to execute a professional services agreement with
Cheatham and Associates for the design of the Florence Elevated Storage
Tank in the amount of $218,214.
Background
Information: There is, presently, a 500,000 gallon elevated storage tank located on a five
acre site at the end of Brewer Road just south of Florence Road. This tank
was moved to this site from Bicentennial Park in 1987. With the growth of
the City, there is now a need to replace this tank with a 1.5 million gallon
elevated storage tank. The 04/05 CIP includes $2,860,000 for the
construction of this tank.
At this time, it is anticipated that the Florence Tank will be designed similar
to the Miron Tank that was constructed in 2000 on Miron Drive. At the
time the Miron Tank was constructed, architectural steel was used with the
two tone paint scheme as a design to accommodate the wishes of the
residential property owners around the tank. The removal and disposal of
the existing Florence Tank will be included in the construction project.
Financial
Considerations:
The engineering design fee is in the amount of $218,214. Funds are
available in the CIP.
Citizen Input/
Board Review:
None
Legal
Review: The City Attorney has, previously, reviewed and approved this professional
services agreement form.
Alternatives: The Council may approve it, deny it or modify it.
Supporting
Documents: Agreement
Location Map
Staff
Recommendation: Authorize the Mayor to execute a professional services agreement with
Cheatham and Associates for the design of the Florence Elevated Storage
Tank in the amount of $218,214.
Staff
Contact: Pedram Farahnak, P.E., Director of Public Works
Charlie Thomas, P.E., City Engineer
CC: Sharen Elam, Director of Finance
Mike Patterson, Operations Manager
STANDARD FORM OF AGREEMENT
BE'T'WEEN
OWNER AND ENGINEER.
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of . 2004 between the CITY OF SOUTFILAKE, TEXAS, a municipal
corporation and home rule City with its main offices located at 1400 Main Street, Southlake, Texas (OWNER) and
CHEATHAM AND ASSOCIATES (ENGINEER). OWNER intends to acquire all professional engineering services
required for the project known as, Florence Ave, 1.5 MG Elevated Tank and Pearson ltd. Pump Station, the aforesaid
services are otherwise described in that Scope of Work and fees attached hereto as, Attachments "A" thru "F° and for all
purposes incorporated herein (hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of
professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below.
SECTION 1 —BASIC SERVICES OF ENGINEER
1.1. General,
1.1.1. ENGINEER shall provide for O1'�ti'NER
professional engineering services in all phases of the
Project to which this Agreement applies as hereinafter
provided. These services will include. serving as
OWNER's professional engineering representative for the
project, providing professional engineering consultation
and advice and furnishing customary civil services
incidental thereto.
1.2. Study and Report Phase.
After written authorization to proceed, ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define
OWNER% requirements for the Project and review
available data.
1.2.2. Advise OWNER as to the necessity of OWNEWs
providing or obtaining from others data or services of the
types described in paragraph 3A, and assist OWNER in
obtaining such data and services.
1.11 Identify and analyze requirements of governmental
authorities having jurisdiction to approve the design of the
Project and participate in consultations with such
authorities.
1.2.4. Provide analysis of OWNER's needs, planning
surveys, site evaluations and comparative studies of
prospective sites and solutions.
1.2.5. Provide a general economic analysis of OWNER's
requirements applicable to various alternatives.
1.2.6. Prepare, a. Report containing schematic layouts,
sketches and conceptual design criteria with appropriate
exhibits to indicate clearly the considerations involved
(including applicable requirements of govermnental
authorities having jurisdiction as aforesaid) and the
alternative solutions available to OWNER and setting
forth ENGINEER's findings and recommendations. This
Report will be accompanied by ENGINEER's opinion of
probable costs for the Project, including the following
which will be separately itemized: Construction Cost,
allowance for engineering costs and contingencies, and
(on the basis of information furnished by OWNER)
allowances for such other items as charges of all other
professionals and consultants, for the cost of land and
rights -of -way, for compensation for or damages to
properties, for interest and financing charges and for other
services to be provided by others for Owner pursuant to
paragraphs 3.7 through 3.11, inclusive. The total of all
such costs, allowances, etc. are hereinafter called "Total
Project Costs ".
1.2.7. Furnish multiple copies of the Study and Report
documents (not to exceed five (5) copies) and review
them in person with OWNER.
1.3. Preliminary Design Phase.
After written authorization to proceed with the
Preliminary Design Phase, ENGINEER shall:
13.1. In consultation with OWNER and on the basis of
the accepted Study and Report documents, determine the
general scope, extent and character of the Project.
13.2. Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings, outline
specifications and written descriptions of the Project
1.3.3. Advise OWNER if additional data or services of the
types described in paragraph 3.4 are necessary and assist
OWNER in obtaining such data and services_
1.3.4. Based on the information contained in the
preliminary design documents, submit a revised opinion
of probable Total Project Costs,
1.3.5. Furnish multiple copies of the above Prelininary
Design documents and present and review them in person
with OWNER, not to exceed five (5) copies.
1.3.6. Derive right -of -way (ROW) data and easement
documents as needed for the OWNER to begin land
acquisition.
1.4. Final Design Phase.
After written authorization to proceed with the Final
Design Phase, ENGINEER shall:
1.4.1. On the basis of the accepted Preliminary Design
documents and the revised opinion of probable Total
Project Costs prepare for incorporation in the Contract
Documents final drawings to show the general scope,
extent and character of the work to be famished and
performed by Contractor(s) (hereinafter called
"Drawings ") and Specifications.
1.4.2. Provide technical criteria, written descriptions and
design data for OWNER's use in filing applications for
permits with or obtaining approvals of such governmental
authorities as have jurisdiction to approve the design of
the Project, and assist OWNER in consultations with
appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the latest
opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design
requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total
Project Costs based on the Drawings and Specifications.
1.4.4. Prepare for review and approval by OWNER, its
legal counsel and other advisors contract agreement
forms, general conditions and supplementary conditions,
and (where appropriate) bid farms, invitations to bid and
instructions to bidders.
1.4.5. Furnish multiple copies of the above documents
and of the Drawings and Specifications and present and
review them in person with OWNER, not to exceed five
(5) copies.
I.S. Bidding or Negotiating Fhase.
After written authorization to proceed with the Bidding or
Negotiating Phase, ENGINEER shall:
I.S.I. Assist OWNER in advertising for and obtaining
bids or negotiating proposals for each separate prime
contract for construction, materials, equipment and
services; and, where applicable, maintain a record of
prospective bidders to whom Bidding Documents have
been issued, attend pre -bid conferences and receive and
process deposits for Bidding Documents.
1.5.1 Assist OWNER in issuing addenda as appropriate
to interpret, clarify or expand the Bidding Documents.
1.5.3. Consult with and advise OWNER as to the
acceptability of subcontractors, suppliers and other
persons and organizations proposed by the prime-
contractor(s) (herein called "Contractor(s) ") for those
portions of the work as to which such acceptability is
required by the Bidding Documents.
1.5 4 C.pmult with OWNER concerning and determine
the acceptability of substitute materials and equipment
proposed by Contractors) when substitution prior to the
award of contracts is allowed by the Bidding Documents.
Attend the bid opening, prepare bid tabulation
sheets and assist OWNER in evaluating bids or proposals
and in assembling and awarding contracts for
construction, materials, equipment and services.
1.6. Construction Phase.
During the Construction Phase:
1,6.1. Visits to Site and Observation of Construction. In
connection with observations of the work of Contractor(s)
while it is in progress:
1.6.1.1. ENGINEER shall make visits to the site at
intervals appropriate to the various stages of
construction as necessary in order to observe as an
experienced and qualified design professional the
progress and quality of the various aspects of
Contractor(s)' work. Based on information obtained
during such visits and on such observations,
Page 2 of 11 Pages
ENGINEER shall endeavor to determine in general if
such work is proceeding in accordance with the
Contract Documents and ENGINEER shall keep
OWNER informed of the progress of the work.
1.6.1.2. The purpose of ENGINEER's visits to the site-
will be to enable ENGINEER to better carry out the
duties and responsibilities assigned to and undertaken
by ENGINEER during the Construction Phase, and in
addition, by exercise of ENGINEER's efforts as an
experienced and qualified design professional, to
provide for OWNER a greater degree of confidence
that the completed work of Contractor(s) will conform
generally to the Contract Documents and that the
integrity of the design concept as reflected in the
Contract Documents has been implemented and
preserved by Contractor(s). On the other hand,
ENGINEER shall not, during such visits or as a result
of such observations of Contractor(s)' work in
progress, supervise, direct or have control over
Contractor(s)' work nor shall ENGINEER have
authority over or responsibility for the means,
methods, techniques, sequences or procedures of
constructions elected by Contractor(s), for safety
precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to
comply with laws, rules, regulations, ordinances, codes
or orders applicable to Contractor(s) furnishing and
performing their work. Accordingly, ENGINEER can
neither guarantee the performance of the construction
contracts by Contractor(s) not assume responsibility
for Contractor(s)' failure to furnish and perform their
work in accordance with the Contract Documents.
1.6.2. Interpretations and Clanifcar ons. ENGINEER
shall issue necessary interpretations and clarifications of
the Contract Documents as requested by the Owner.
1.63. Shop Drawings. ENGINEER shall review and
approve (or take other appropriate action in respect of)
Shop Drawings, samples and other data which
Contractor(s) are required to submit, but only for
conformance with the design concept of the Project and
compliance with the information given in the Contract
Documents. Such reviews and approvals or other action
shall not extend to means, methods, techniques sequences
or procedures of construction or to safety precautions and
prograrns incident thereto.
1.6.4. Subsdtufes. ENGINEER shall evaluate the
acceptability of substitute materials and equipment
proposed by Contractor(s) and make recommendations to
OWNER, subject to the provisions of paragraph 2.2.1
1.6.5. Disputes between OWNER and Contractor.
ENGINEER shall act as initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the work performed thereunder.
ENGINEER shall also make recommendations to
OWNER on all claims of Contractors) relating to the
acceptability of the work or the interpretation of the
requirements of the Contract Documents pertaining to the
execution and progress of the work. 0"ER has the
final decision with regard to such disputes.
1.6.5. Limitation of Responsibilities. ENGINEER shall
not be responsible to OWNER for the acts or omissions of
any Contractor, or of any subcontractor or supplier, or any
of the Contractors)' or subcontractor's or supplier's agents
or employees or any other persons (except ENGINEEWs
own employees and agents) whether at the site or
otherwise furnishing or performng any of the
Contractor(s)' work; however, nothing contained in
paragraphs 1.6.1. through 1.6.5 inclusive, shall be
construed to release ENGINEER from liability for failure
to properly perform duties and responsibilities assumed
by ENGINEER in the Contract Documents.
1,7, Operational Phase.
During the Operational Phase, ENGINEER shall, when
requested by OWNER:
1.7.1. Prepare a set of reproducible record prints of
Drawings showing those changes made during the
construction process, based on the marked -up prints,
drawings and other data furnished by Contractor(s) to
ENGINEER,
1.7.2. In company with OWNER, visit the Project to
observe any apparent defects in the completed
construction, assist OWNER in consultations and
discussions with Contractor(s) concerning correction of
such deficiencies, and make recommendations as to
replacement or correction of defective work.
SECTION 2— ADDITIONAL SERVICES OF
ENGINEEP,
2,1. Services Requiring Authorization in Advance.
If authorized in writing by OWNER, ENGINEER shall
furnish or obtain from others Additional Services of the
types listed in paragraphs 2.1.1. through 2.1.14.. inclusive.
Page 3 of I I Pages
These services are not included as part of Basic Services
except to the extent provided otherwise in this
Agreement; these will be paid for by OWNER as
indicated in Section 5.
2.1.1. Preparation of applications and supporting
documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or
advances in connection with the Project; preparation or
review of environmental assessments and impact
statements; review and evaluation of the effect on the
design requirements of the Project of any such statements
and documents prepared by others; and assistance in
obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the project.
2.1.2. Services to make measured drawings of or to
investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information furnished
by OWNER.
2.1.3. Services resulting from significant changes in the
general scope, extent or character of the Project or its
design including, but not limited to changes in size,
complexity, OWNER's schedule, character of
construction or method of financing; and revising
previously accepted studies, reports, design documents or
Contract Documents when such revisions are required by
changes in laws, nilcs, regulations, ordinanccs, cot#c£ nr
orders enacted subsequent to the preparation of such
studies, reports or documents, or are due to any other
cause beyond ENGINEER's control.
2.1.4. Providing renderings or models for OWNER's use.
2.1.5. Preparing documents for alternate bids requested by
OWNER for Contractor(s)' work which is not executed or
documents for out -of- sequence work.
2.1.6. Investigations and studies involving, but not limited
to, detailed consideration of operations, maintenance and
overhead expenses; providing value engineering during
the course of design; the preparation of feasibility studies,
cash flow and economic evaluations, rate schedules and
appraisals; assistance in obtaining fmancing for the
Project; evahiating processes available for licensing and
assisting OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and
audits or inventories required in connection with
construction performed by OWNER,
2.1.7. Furnishing services of independent professional
associates and consultants for other than Basic Services
(which include, but are not limited to, customary civil,
structural, mechanical, and electrical engineering and
customary architectural design incidental thereto); and
providing data or services of the types described in
paragraph 3.4 when OWNER employs ENGINEER to
provide such data or services in lieu of furnishing the
same in accordance with paragraph 3.4.
2.1.8. If ENGINEER'S compensation is on the basis of a
lump sum, percentage of Construction Cost, or cost -plus a
fixed fee method of payment, services resulting from the
award of more separate prime contracts for construction,
materials or equipment for the Project than are
contemplated by paragraph 5.1.1. If ENGINEEWs
compensation is on the basis of a percentage of
Construction Cost and ENGINEER has been required to
prepare Contract Documents on the assumption that more
than one prime contract will be awarded for construction,
materials and equipment, but only one prime contract is
awarded for construction, materials and equipment for the
Project, services attributable to the preparation of contract
documentation that was rendered unusable and any
revisions or additions to contract documentation used that
was necessitated by the award of only one prime contract.
2.1.9. Services during out-of-town travel required of
ENGINEER other than visits to the site or OWNER's
office as required by Section 1.
Acsiatance in connection with bid protest,
rebidding, or renegotiating contracts for construction,
materials, equipment or services when ENGINEER did
not create or contribute to the event or situation requiring
said assistance, rebidding, renegotiating, materials,
equipment, or services.
2.1.11. Providing any type of property surveys or related
engineering services needed for the transfer of interests in
real property and field surveys for design purposes and
engineering surveys and staking to enable Contractor(s) to
proceed with their work; and providing other special field
surveys.
2.1.12. Preparation of operating, maintenance and staffing
manuals to supplement Basic Services under paragraph
1.7.
2.1.13. Preparing to serve or serving as a consultant or
witness for OWNER in any litigation, arbitration or other
legal or administrative proceeding involving the Project
unless ENGINEER created or contributed to the cause of
the litigation.
2.1.14. Additional services in connecti on with the Project,
including services which are to be furnished by OWNER
Page 4 of l I Pages
in accordance with Section 3, and services not otherwise
provided for in this Agreement.
2.2. Required Additional Services.
When required by the Contract Documents in
circumstances beyond ENGINEER's control, ENGINEER
shall furnish or obtain from others, as circumstances
require during construction and with specific
authorization from OWNER, Additional Services of the
types listed in paragraphs 2.2.1 through 2.2.6, inclusive.
These services are not included as part of Basic Services.
ENGINEER shall advise OWNER promptly before
starting any of the following additional services which
will be paid for by OWNER as indicated in Section 5,
12.1. Services in connection with work directive changcs
and change orders to reflect changes requested by
OWNER if the resulting change in compensation for
Basic Services is not commensurate with the additional
services rendered,.
2.2.2. Services in snaking revisions to Drawings and
Specifications occasioned by the acceptance of
substitutions proposed by Contractor(s); and services after
the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number
of substitutions proposed by Contractor.
2.2.3. Services resulting from significant delays, changes
or price increases occurring as a direct or indirect result of
materi at, equipment or energy shortages.
2.2.4. Additional or extended services during construction
made necessary by (1) work damaged by fire or other
cause during construction, (2) a significant amount of
defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services
beyond normal working hours, or (4) default by any
Contractor.
2.2.5. Services (other than Basic Services during the
Operations Phase) in connection with any partial
utilization of any part of the Project by QWNER prior to
Substantial Completion.
2.2.6. Evaluating an unreasonable or extensive number of
claims submitted by Contractor(s) or others in connection
with the work.
SECTION 3—OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as
not to delay the services of ENGINEER:.
3.1. Designate in writing a person to act as OWNER's
representative with respect to the services to be rendered
under this Agreement. Such person shall have complete
authority to transmit instructions, receive infen
interpret and define O WNSM policies and decisions with
respect to ENGINEER's services for the Project.
3.2. Provide all criteria and full information as to
OWNER'S requirements far the Project, including design
objectives and constraints, space, capacity and
performanee requirements, flexibility and expandability,
and any budgetary limitations; and furnish copies of all
design and construction standards which OWNER will
require to be included in the Drawings and Specifications.
3.3, Assist ENGINEER by placing at ENGINEE !s
disposal all available information pertinent to the Project
including previous reports and any other data relative to
design or construction of the Project.
3.4. Furnish to ENGINEER, as required for performance
of ENGINEER "s Basic Services (except to the extent
provided otherwise in this Agreement) the following:
3.4.1. data prepared by or resulting from the services
of others, including without limitation borings,
probings and subsurface explorations, hydrographic
surveys, laboratory tests and inspections of samples,
materials and Nuipment;
3,4.2. appropriate professional interpretations of all of
the foregoing;
3.4.1 environmental assessment and impact
statements;
3,4,4. property, boundary, easement, right -of -way,
topographic and utility surveys, to the extent required
by ENGINEER, and only if not required to be
performed by ENGINEER as set out in ENGINEER`s
Prppq$al;
3.4.5. property descriptions;
3.4.6. zoning, deed and other land use restrictions;
all of which ENGINEER may use and rely upon in
performing services under this Agreement.
Page 5 of 11 Pages
3.5. Provide engineering surveys to establish reference
points for construction (unless required to be performed
by Engineer as Basic Services under ENGINEER's
proposal) to enable Contractor(s) to proceed with the
layout of the work.
3.6. Arrange for access to and make all provisions for
ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this
Agreement.
3.7. Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented
by ENGINEER, obtain advice of an attorney, insurance
counselor and other consultants as OWNER deems
appropriate for such exarnination and render in writing
decisions pertaining thereto within a reasonable titre so as
not to delay the services of ENGINEER.
3.$. Fumish approvals and permits from all governmental
authorities having jurisdiction over the Project and such
approvals and consents from others as may be necessary
for completion of the Project, unless required to be
performed by ENGINEER as Basic Services under this
Agreement.
3.4. Provide such accounting, independent cost estimating
and insurance counseling services as may, in the
judgement of the OWNER, be required for the Project,
such legal services as O"ER may require or
ENGINEER may reasonably request with regard to legal
issues pertaining to the Projeet including any that maybe
raised by Contractor(s), such auditing service as OWNER
trtay require to ascertain how or for what purpose any
Contractor has used the moneys paid under the
construction contract, and such inspection services as
OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishing and performing the
work.
3.1D If OWNER designates a person to represent
OWNER at the site who is not ENGINEER Or
ENGINEER's agent or employee, the duties,
responsibilities and limitations of authority of such other
person and the affect thereof on the duties anal
responsibilities of ENGINEER and the Resident Project
Representative (and any assistants) will be set forth in an
exhibit that is to be identified, attached to and made a part
ofthis Agreement before such services begin.
3.l 1. If more than one prime contract is to be awarded for
construction, materials, equipment and services for the
entire Project, designate a person or organization to have
authority and responsibility for coordinating the activities
among the various prime contractors.
3.12. Furnish to ENGINEER data or estimated figures as
to OWNER's anticipated costs for services to be provided
by others for OWNER (such as services pursuant to
paragraphs 3.7 through 3.11, inclusive) so that
ENGINEER may make the necessary findings to support
opinions of probable Total Project Costs.
3.13. Attend the pre -laid conference, bid opening, pre -
construction conferences, construction progress and other
job - related meetings and substantial completion
inspections and final payment inspections,
3.14. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes aware
of any development that affects the scope or timing of
ENGINEER's services, or any defect or non- conformance
in the work of any Contractor.
3.15. Furnish, or direct ENGINEER to provide,
Additional Services as stipulated in paragraph 2.1 of this
Agreement or other services as required.
3.16. ENGINEER shall not be obligated to bear any of the
costs of compliance with this Section 3.
SECTION 4— PERIODS OF SERVICE
4.1. The provisions of this Section 4 and the various rates
of compensation for ENGINEER's services provided for
elsewhere in this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the
Project through completion of the Operational Phase.
ENGINEER's obligation to render services hereunder will
extend for a period which may reasonably be required for
the design, award of contracts, construction and initial
operation of the Project including extra work and required
extensions thereto. If in Section 8 of this Agreement
s pecific periods of time for rendering services are set
forth or specific dates by which services are to be
r.nmpleted are provided and if such dates are exceeded
through no fault of ENGINEER all rates, measures and
amounts of compensation provided herein may be subject
to equitable adjustment.
4.1 The services called for in the Study and Report Phase
will be completed and the Report submitted within any
stipulated period indicated in Section 8 hereof after
written authorization to proceed with that phase of
Page 6 of 11 Pages
services which will be given by OWNER within seven (7)
days after ENGINEER has signed this Agreement,
4.3. After acceptance by OWNER of the Study and
Report Phase documents indicating any specific
modifications or changes in the general scope, extent or
character of the Project desired by OWNER, and upon
written authorization from OWNER, ENGINEER shall
proceed with the performance of the services called for in
the Preliminary Design Phase, and shall submit
preliminary design documents and a revised opinion of
probable Total Project Costs within any stipulated period.
4.4. After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of probable
Total Project Casts, indicating any specific modifications
or changes in the general scope, extent or character of the
Project desired by OWNER, and upon written
authorization from OWNER, ENGINEER shall proceed
with the performance of the services called for in the
Final Design Phase; and shall deliver Contract Documents
and a revised opinion of probable Total Project Costs for
all work of Contractor(s) on the Project within any
stipulated period indicated in Section 8 hereof.
4.5. ENGINEER's services under the Study and Report
Phase, Preliminary Resign Phase and Final Design Phase
shall each be considered complete when the submission
for that phase have been accepted by OWNER.
4.6. After acceptance by (OWNER of the ENGINEER'
Drawings, Specifications and other Final Design Phase
documentation including the most recent opinion of
probable Total Project Costs and upon written
authorization to proceed, ENGINEER shall proceed with
performance of the services called for in the Bidding or
Negotiating Phase. This Phase shall terminate and the
services to be rendered thereunder shall be considered
complete upon commencement of the Construction Phase
or upon cessation of negotiations with prospective
Contractor(s).
4,7. The Construction Phase commences with the
execution of the first prime contract for the work of the
Project or any part thereof, and said Phase terminates
upon City Council approval of the final payment after
written recommendation by ENGINEER of fmal payment
on the last prince contract to be completed. Construction
Phase services may be rendered at different times if the
project involves more than one prime contract.
4,8. The Operational Phase may connnence during the
Construction Phase and will terminate two (2) years after
the date of City Council approval of the final payment for
the last prime contract for construction, materials and
equipment on which substantial completion is achieved.
4.4, If OWNER requests significant modifications or
changes in the general scope, extent or character of the
Project, the tithe of performance of ENGINEER'S
services may be adjusted equitably to reflect the
additional time and expenses, if any, incurred by
ENGINEER to respond to the OVVNER's request.
4.10. If ENGINEERS services for the Design or
Construction phases of the Project are delayed or
suspended for more than one year for reasons beyond
ENGINEER's, control, the various rates of compensation
provided for elsewhere in this Agreement may be subject
to equitable adjustment upon submission of
documentation by ENGINEER to OWNER establishing
the basis for such adjustment.
4.11. In the event that the work designed or specified by
ENGINEER is to be furnished or performed under more
than one prime contract, or if ENGINEER's services are
Lo be separately sequenced with the work of one or more
prime contractors (such as in the case of fast - tracking),
OWNER and ENGINEER shall, prior to commencement
of the Final Design Phase, develop a schedule for
performance of ENGINEERS services during the Final
Design, Bidding or Negotiating and Construction Phases
in order to se{lnCIIGe and coordinate properly such
services as are applicable to the work under such separate
contracts.
SECTION 5—PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services and Expenses of
ENGINEER.
5,1,1. For design, construction plan, preparation,
construction document preparation (including bid
proposal, specifications, construction contract), periodic
inspection, and all other services to be rendered by
ENGINEER hereunder, as the same are set out in the
attached Exhibit, and as further set out in these
contractual documents, save and except for specified
special and additional services, OWNER shall pay to
ENGINEER an amount based on a lump sum and a cost
and time, per diem basis in a total amount of $150,714 as
shown in Attachment "B" for Basic Services and $67,500
as shown in Attachment "C" for Special Services. For
additional services authorized by OWNER in accordance
with Section 2 of this Agreement, OWNER shall pay in
accordance with NIA.
Page 7 of 11 Pages
5.2. Times of Payment.
ENGINEER shall submit monthly statements for the
services rendered and for the expenses and hourly costs
incurred. The, statements will be based upon
ENGINEER's estimate of the proportion of the total
services actually completed at the time of the billing. All
monthly statements shall be in a form as specified by and
acceptable to OWNER, OWNER shall make payment
upon said statements within thirty (30) days following
receipt thereof.
SECTION 6— CONSTRUCTION COST AND
OPINIONS OF COST
6.1. Construction Cost,
The construction cost of the entire Project (herein referred
to as "Construction Cost ") means the total cost to
OWNER of those portions of the entire Project designed
and specified by ENGINEER, but it will not include
ENGINE EM compensation and expenses, the cost of
land, rights-of-way, or compensation for or damages to
properties unless this Agreement so specifies, nor will it
include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financing
charges incurred in connection with the Project or the cost
of other services to be provided by others to OWNER
pursuant to Section 3, as applicable. [Construction Cost
is one of the items comprising Total Project Costs which
is defined in paragraph 1.2.6.]
6.2. Opinions of Cast,
It is understood by the Parties that ENGINEER has no
control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor(S)'
methods of determining prices, or over competitive
bidding or market conditions. Therefore, ENGINEER's
opinions of probable Total Project Costs and Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and
qualified professional engineer, familiar with the
construction industry; but ENGINEER cannot and does
not guarantee that proposals, bids or actual Total Project
or Construction Costs will not vary from opinions of
probable cost prepared by ENGINEER. If prior to the
Bidding or Negotiating Phase OWNER wishes greater
assurance as to Total Project or Construction Costs,
OWNER shall employ an independent cost estimator as
provided in paragraph 3.9.
SECTION 7— GENERAL CONSIDERATION
7.1. Termination.
7.1.1. The obligation to provide further services under
this Agreement may be temaimted by either party upon
thirty (30) days' written notice in the event of substantial
failure by the other party to perform in accordance with
the terms hereof through no fault of the terminating party.
7,2. Reuse of Documents.
ENGINEER acknowledges that OWNER is a
governmental entity and that all Drawings, Specifications,
and other documents prepared or furnished by
ENGINEER (and ENGINEER'S professional associates
and consultants) under this Agreement are instalments of
service in respect of the Project and property of the
OWNER and upon completion of the Project shall
thereafter be subject to the Texas Public Information Act
(Texas Goverment Code Chapter 552) and any other
applicable laws requiring public disclosure of the
information contained in said documents.
73. Insurance.
7.3.1- ENGINEER shall procure and maintain insurance,
in amounts acceptable to OWNER, for protection from
claims under workers' compensation acts, claims for
damages because of bodily injury including personal
injury, sickness or disease or death of any and all
employees or of any person other than such employees,
from claims or damages because of injury to or
destruction of property including loss of use resulting
therefrom, and from damages or claims as a result of acts
of errors or omissions of the ENGINEER made during the
performance of this. contract. All liability insurance
required under this paragraph 7.3.1. shall include
OWNER, t7WNER'& agents and employees as additional
named insured and be with a company or companies
satisfactory to OVVNER. All workers' compensation
coverage shall include in its provisions a waiver of any
rights of subrogation against the OWNER.
73,2. Before commencement of any work, the
ENG1NFER shall submit written evidence that he and all
his subcontractors (if the ENGINEER employs
Page 8 of I I Pages
subcontractors in the perforrance of this Agreement)
have obtained the minimurn insurance required by the this
Agreement- Such written evidence shall be in the form of
a Certificate of Insurance executed by the ENGINEER's
insurance carrier showing such policies in force for the
specified period or by furnishing a copy of the actual
Policy or policies. Each policy or certificate will bear an
endorsement or statement waiving right of cancellation or
reduction in coverage without thirty (30) days' notice in
writing to be delivered by registered mail to the OWNER.
7.3.3. The ENGINEER shall not commence work under
this Agreement until he has obtained at his expense all
insurance required under this section and such insurance
has been approved by the OWNER, nor shall the
ENGINEER allow any subcontractor to camrnence work
on any subcontract until all sirnilar insurance required of
the subcontractor has been so obtained and approved.
Such insurance shall remain in full force and effect on all
phases of the work, whether or not the work is occupied
or utilized by the OWNER, until all work under the
Agreement is completed and has been accepted by the
OWNER.
7.3.4. Nothing contained in the insurance requirements
shall be construed as limiting the extent of the
ENGINEER's responsibility for payment of damages
resulting from his operations.
7.4. Controlling Law,
This Agreement is to be governed by the law of the state
of Texas. Venue shall lie exclusively in Tarrant County,
Texas for all state actions and in the Fort Worth Division
of the. Central District of Texas for all federal actions.
7.5. Successors and Assigns.
7.5.1. OWNER and ENGINEER each is hereby bound
and the partners, successors, executors, administratoYs and
legal representatives of OWNER and ENGINEER (and to
the extent permitted by paragraph 7.5 -2 the assigns of
OWNER and ENGINEER) are hereby bound to the other
party to this Agreement and to the partners, successors,
executors, administrators and legal representatives (and
said assigns) of such other party, in respect of all
covenants, agreements and obligations of this Agreement.
7.5.2, Neither OWNER not ENGINEER shall assign,
sublet or transfer any rights under or interest in
(including, but without limitation, moneys that may
become due or moneys that are due) this Agreement
without the written consent of the other, except to the
extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from
any duty or responsibility under this Agreement- Nothing
contained in this paragraph shall prevent ENGINEER
from employing such independent professional associates
and consultants as ENGINEER may deem appropriate to
assist in the performance of services hereunder, provided
such independent associates or consultants are approved
in writing in advance by OWNER and are paid by
ENGINEER.
7.5.3. Nothing under this Agreement shall be construed to
give any rights or benefits in this Agreement to anyone
other than OWNER and ENGINEER, and all duties and
responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other party.
SECTION 8— SPECIAL PROVISIONS, SCHEDULES,
AND EXHIBITS
8,1, Spe0m] FrQvi.siony
Any other provisions of this Agreement or other
documents included by reference herein to the contrary
notwithstanding, the following provisions shall apply to
this Agreement and the respective duties and
responsibilities of OWNER and ENGINEER affected
thereby'
As to the contractual relationship between
ENGINEER and OWNER, ENGINEER is and shall be
considered in all things an independent contractor.
6.1.2. This contract shall not be subject to binding
arbitration.
8.1,3, OWNER reserves the right, with ENGINEEWs
agreement, to rommrlidate any and al] phases of
performance set out in the standard farm contractual
documents. The consolidation of said services shall not in
any way affect the ENGINEER's responsibilities to
perform the services set out therein.
8.1.4. This Agreement may be terminated by the OWNER
hereto, with or without cause, upon ten. (10) days' written .
notice thereof, If this Agreement is terminated by the
Page 9 of I I Pages
OWNER without cause, the ENGINEER shall be paid for
services performed to terrrrination date, including all
reimbursable expenses then incurred.
8.2. Schedules.
Where appropriate, the following time limitations for the
following phase(s) of services shall apply:
8.2.1. The Study and Report Phase Senicer.Treliminary
Design Phase Services shall be completed and all reports,
opinions of costs, documentation, contract documents,
and other tangible materials required under this
Agreement shall be completed and submitted by
ENGINEER before See Attachment `°E "
8.12. The Final Design Phase Services/Bidding or
Negotiating Phase Services shall be completed and all
reports, opinions of costs, documentation, contract
documents, and other tangible materials required under
this Agreement shall be completed and submitted by
ENGINEEk, before See Attachment "E " , following
written authorization from OWNER to ENGINEER to
proceed with said phase(s) of services.
8.2.3. The Construction Phase Services shall begin, by or
before See Attachment "E ", following written, authori-
zation from OWNER to ENGINEER to proceed, and
shall he completed at rentnnahly cmn thereafter a.s
possible.
824. TIME IS OF THE ESSENCE IN THE
PERFORMANCE OF THE SERVICES UNDER THIS
AGREEMENT.
$.3. Exhibits.
The following exhibits are attached to and made a part of
this Agreement:
8.3.1. Exhibir "F" ENGINEER's Scope of Servtees.
Provided, however, that where the terms and provisions of
the above- referenced exhibits) shall conflict with the
terms and provisions of this standard contract, this
standard contact shall control.
S.A. Professional Liability Insurance
ENGINEER shall maintain, at no expense to OWNER, a
professional liability (errors and ornissions) insurance
policy placed with a company rated at least A by Best's
Key Rating Guide, authorized to do business in Texas, in
an amount not less than one million dollars ($1 million)
for each occurrence, one million dollars ($1 million) in
the aggregate. Such policy shall require the giving of
written notice to OWNER at least thirty (30) days prior
to cancellation, nonrenewal or material modification of
any policies, evidenced by return receipt or United States
certified mail. ENGINEER shall furnish OWNER with
copies of said policies or certificates evidencing such
coverage.
B.S. Entire Agreement.
This Agreement, together with the exhibits and schedules
identified above, constitute the entire Agreement between
OWNER and ENGINEER and supersede all prior or oral
understandings. This Agreement and said exhibits and
schedules may only be amended, supplemented, modified
or canceled by a duly executed written instrument.
8.6. 5everability.
The invalidity of any provision of this Agreement shall
not affect the validity or enforceability of any other
provision of this Agreement.
8.7. 'Waiver.
The waiver of any breach of a term or condition of this
Agreement does not waive any other breach of that term
or condition or any breach of any other term or condition
of this Agreement_
(The remainder of this page was left blank intentionally,)
Page 10 of 11 Pages
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above
written.
OWNER:
CITY OF SOUTHI,AKE, TEXAS
By:
Fedrarn Farahnak, P.E.
Director of Public Works
By:
Billy Campbell
City Manager
8y;
Andy Wambsganss
Mayor
Address for giving notices:
400 Main Street, Suite 320
Southlake, Texas 76092
ATTEST:
City Secretary
(Original ! of 2 Origfnedfsj
F:1W pR[?ISau th lake -041 \257LAgrcc mcnt, doc
ENGINEER:
CHEATHAM AND ASSOCIATES
B
Eddie Cheatham, P.E.
President
Address for giving notices:
1250 E. Copeland Road, Suite 900
Arlington, TX 76011
Page 11 of I1 Pages
ATTACHMENT "A"
CHEATHAM & ASSOCIATES
1250 E. COPELAND ROAD, STE. 900
ARLINGTON, Tr=XAS 76011
SHEET 1 OF 1
ENGINEER'S OPINION OF PROBABLE COST
WATER SYSTEM IMPROVEMENTS
ELEVATED STORAGE TANK AT FLORENCE ROAD SITE
CITY OF SOUTHLAKE
SEPTEMBER, 2004
ITEM
NO.
ITEM DESCRIPTION UNIT PLAN UNIT
QTY. PRICE
TOTAL
COST
1 ITANK
AND APPURTENANCES
L.S.
1
1,866,000.00
$1,866,000.00
2 JACCESS
ROAD
L.S.
1
100,000.00
$100,000,00
3 IFENCIWG
L.S.
1
25,000.00
$25,000.00
4
LANDSCAPINGIIRRIGATION
L.S.
1
15,000.00
$15,000.00
5
UPGRADE PEARSON RD. PUMP STATION
L.S.
1
300,000.001
$300,000.00
6
PARKING /DRIVES
L.S.
1
50,000.00
$50,000.00
7
SITE WORK/PIPING
L.S.
1
75,000,001
$75,000.40
8
CLEAR GOAT ON PEARSON TANK
L.S,
1
150,000.00
$150,000.00
9
DENIQ EXISTING TANK
L.S.
1
25,000.00
$25,000.00
71
1
By:
SUBTOT CONST. COST
$2,606,000.00
Date
Eddie Cheatham. P.E_
September 27, 2004 CONTINGENCIES
$224,009.00
TOTAL CONSTRUCTION COST
$2,830,000.00
BASIC SERVICES
ATTACHMENT `B"
Basic Engineering Fees:
Item No. 1 — Attachment "A"
Tank Total Construction Cost: $2,606,000
From Curve "A" $2,606,000 will give a fee of 6.75%
Fee Calculation: $1,$66,000 x *6.75% = $125,955
20% Reduction in Fee
$125,955 x 80% ............................... .......................$100,764
Item Nos. 2 — 9 Attachment "A"
Construction Cost: $740,000
Fee Calculation: $740,000 x * 6. 75% ................. ............................. .. ...$49,950
Total Basic Engineering Fees:... ........ ......... ..... -- .................... **$150,714
* See Attachment "I}"
** Payment for Basic Services shall not exceed:
• 50% with Preliminary Plans
* 75% with Final Plans
• 90% with Bidding and Negotiations
100% with Acceptance of Construction
F: 1WORMSouthlake- 00 1 %01WtachmtB dac
SPECIAL SERVICES
ATTACHMENT "C"
Surveying Services
(Design and Construction Surveying) .... ............................... ........................$20,000
Architectural Fees .................................. ............................... ........................$25,000
Landscapedrrigation Architect Fees ............... ...$7,500
Geotechnical Engineering Fees .............. ............................... ........................$15,000
Total Special Services Fees: ... ---- ....... ............. - ...... ......... ....... -367,50
FAWORDI.So-uthlake -00 ODOIWtachrntC.dae
NOTES:
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(1) When Construction Cost is under $100,000, use reim-
bursable basis of compensation.
(2) Construction cost below is the work authorized at one time,
However, where the work is to be accomplished in a number of
separate construction contracts, then each such project element
should be evaluated on an individual basis, with additional
compensation to the Engineer.
(3) The Basic Charge presented below represents median com•
pensatiozn. The appropriate compensation for any given assign-
1A
is
12
ment may vary above o below the curve, depending upon cam
plexity.
(4) Compensation for alteration work should be increased by at
feast one-third above the median compensation illustrated.
(5) Curve A and Curve B are consistent with Curve A and Curve B
in Manual 45, published by the American Society of Civil Er)gl-
neers. New curves will be issued as subsequent revisions are
published by ASCE.
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ATTACHMENT "E"
For projects which are related to design only this fiscal year:
Study and Report Phase complete by December 15, 2004
Preliminary Design complete by January 1. 2005
Final Design complete by February 1, 2005
Construction Phase beginning March 15.2005
F 1WORDSouthlake- od1'DO1Lkr=hrntl .doc
ATTACHMENT "F"
CONSULTANT'S UNDERSTANDING
The City of Southlake's water system currently has two pressure planes. The high pressure plane is
served by a 0.5 mg elevated storage tank at the Florence Road site. This tank has been in operation
since 1987, when it was moved from Bicentennial Park to this site.
For a number of years it was adequate to provide water supply and pressure to the high pressure
plane. However, in recent years the City of Southlake has acquired new customers who were being
served by the City ofKeller. These customers are within the City of Southlake, and therefore should
be served by Southlake. The area of many of these customers is considerably higher in elevation
than the area previously served by the elevated tank. In addition, the area has increased in size over
the years.
As a result of the items noted above, the existing elevated tank cannotprovide the pressure and flow
to the service area. In particular, the area once being served by Feller has less water pressure now
that is being served by the Florence tank, than it had on Keller's systems.
Therefore, it is being proposed that a new 1.5 MG elevated tank be constructed at the Florence Road
site, and the existing 0.5 MG tank be dismantled once the new tank is placed into operation.
There are currently three communication companies' antennas on the existing 0.5 MG tank. It is
proposed that these antennas be placed on the new 1.5 MG tank once it is in place.
In order to provide an increase in water pressure to the service area, the new tank will be constructed
approximately 50 feet higher at tank level than the existing tank. It will be necessary to review the
pumping head requirements at the Person Road pump station to determine if larger pumps will be
required to fill the new tank a higher elevation.
It is also being proposed that a new access road be constructed from Florence Road to the tank site
during this project. In addition new fencing, landscaping and irrigation facilities will be constructed
with this project.
Therefore the city staff has requested this proposal for engineering services for the preparation of
construction plans and specifications for the construction of the water system improvements noted
above.
The project will include the surveying, design, bidding, and contract administration of the proposed
construction.
SCOPE OF SERVICES
1.0 Surveying
1.1 Our firm will furnish all necessary surveying field and office work necessary to
perform the engineering design and to prepare construction plans.
1.2 We will also furnish all construction staking.
2.0 Engineering
2.1 Our firm will furnish all necessary technical expertise required to accomplish the
engineering design of the water system facilities. The design will be in accordance
with applicable state and local regulations.
2.2 Our firm will then prepare construction plans, specifications and contract documents
based on the engineering design.
23 We will assist in the advertising for and taking of construction bids. We will issue
any required addendums. Our firm will assist in the processing of contract
documents after contract award and will issue notice -to- proceed.
2.4 Periodic on -site visits by an engineer will take place during construction. We will
issue and process any required change orders.
2.5 We will provide assistance in conducting the final inspection and issuance of
certificate of completion.
3.O Inspection
3.1 We will not furnish full -time on -site construction inspection, but will make periodic
visits to the site, and will be available for plan interpretations,
PLAN REVISIONS
Any plan revisions, which the city directs to be perfonned, shall be billed upon an hourly basis per
the enclosed hourly fee schedule.
'!PERMS
Invoicing will be based on percentage of completion. Billing will normally occur around the first of
each month and payment expected within ten worming days.
GUARANTEE
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of
this proposal unchanged.
If the above meets with your approval, this proposal can also serve as our agreement, which you may
indicate by signing in the space provided below. Please do not hesitate to call should you have any
questions or requested modifications of the proposal. The opportunity to be of service to you and the
City of Southlake is greatly appreciated.
FEE SCHEDULE
01/116103
Professional fees for studies and reports are calculated using hourly rates, which include all wages,
benefits, overhead and profit. The fees include all incidental costs and expenses (except where
specifically noted), including all travel, out -of- pocket expenses, drafting, telephone, typing, etc., plus
direct expenses times a handling multiplier.
The fees proposed for this project are based on the hours estimated for each phase of the project
times hourly rates.
The following is the current rate schedule used to calculate job fees.
Principal Engineer ............. .$ 150.00
Registered Engineer ................................... ..............................$ 110.00
Registered Surveyor .................................... ..............................$ 110.00
Project Manager ........................................... ..............................$ 95.00
Project Engineer... ................................... . .................... ............. $ 85.00
CAD Technician........................................... ..............................$ 70.00
Construction Inspector— .......... ......... ............... ........................ $ 75.00
Clerical/Technical Typist .............................. ..............................$ 55.00
3 Man Survey Crew ................................... ..............................$ 120.00
2 Man Survey Crew ................................... ..............................$ 100.00
TERMS
Invoicing will be based on percentage of completion. Billing will normally occur around the first of
each month and payaxtent expected within ten working days.
GUARANTEE
Cheatham & Associates guarantee to maintain the fees presented herein for 90 days from the date of
this proposal unchanged.
F IWORMSouthlake-041 M I IAnaehmtFAo
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810 LF of
road rehabilitation
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Location of
Florence Tower
CT
Florence Water Tower