Res 093-2021 Engineering Services agreement for Cypress WTP SCADA 08/17/2021 Resolution No. 93-2021
Resolution authorizing the City Manager to award a professional
services agreement with Black & Veatch Corp. for the replacement of
the Supervisory Control and Data Acquisition (SCADA) control system
for the water treatment system in the amount of$375,000.00
WHEREAS, the City of Wichita Falls operates and maintains a potable water
treatment and distribution system; and,
WHEREAS, the Supervisory Control and Data Acquisition Control (SCADA)
system, a critical component for the operation of the water treatment system, has outlived
its useful life and is in need of replacement.
WHEREAS, the City of Wichita Falls has received a Request for Qualifications
from Black & Veatch Corporation, which was found to be qualified to complete the design
work for the replacement of the SCADA system for the water treatment system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute an Engineering Services Agreement
with Black & Veatch Corporation in the amount of $375,000.00 to replace the SCADA
control system for the water treatment system.
PASSED AND APPROVED this the 17th day of August, 2021.
0,2
MAYOR
ATTEST:
O ( B(
City Clerk
Professional Services Agreement between the City of Wichita Falls and Black&
Veatch Corporation for Consulting Services for the Design & Construction
Management of SCADA System Improvements
OWNER: The City of Wichita Falls;Attn:Director of Public Works,P.O.Box 1431,Wichita Falls,Texas 76307
CONSULTANT:Black&Veatch Corporation
PROJECT:Design&Construction Management of SCADA System Improvements
TIMETABLE:CONSULTANT shall provide design services for 6 months and Construction Management
Services for 10 months.
PAYMENT:
1.Payment for Basic Services.OWNER agrees to pay the following amounts for Basic Services rendered
pursuant to this contract,a total amount not to exceed$375,000.00,subject to completion of the following
phases of the PROJECT:
Task Amount
100—Preliminary&Final Design and Bid Services $250,700.00
200—Construction Management Services $124,300.00
Total $375,000.00
2.Payment for Additional Services. OWNER shall pay CONSULTANT for Additional Services requested
and rendered as follows:
2.1. Payment for Additional Services of CONSULTANT rendered under this Contract shall be paid for at the
following rates when supported by invoices. Refer to CONSULTANT's Rate Sheet(Attachment A)
2.2. For expenses for Additional Services, CONSULTANT shall be compensated at the actual cost to
CONSULTANT based on rates referenced above or as previously agreed upon in writing.Where field parties
are used,expenses shall include charges for the use of any special instruments and equipment,including marine
equipment,and expendable items such as stakes and monuments.
3.Times of Payments.
3.1.Times of Payments--CONSULTANT shall submit monthly statements for Basic and Additional Services
rendered.For Basic Services,the statements will be based upon CONSULTANT'S estimate of the proportion of
the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in
response to CONSULTANT'S monthly statements. Upon conclusion of eachphase of Basic Services,OWNER
shall pay such additional amount,if any,as may be necessary to bring total compensation paid on account of
such phase to the following percentages of total compensation payable for all phases of Basic Services.
3.2.Past-Due Payments--OWNER agrees to pay a charge of 0.5%per month on all invoiced owed amounts not
paid within 30 days of the date of the invoice, calculated from the date of the invoice. In addition,
CONSULTANT may,after giving 10 days'written notice to OWNER,suspend services under this Agreement
until the CONSULTANT has been paid in full all amounts due for services and expenses.
OWNER'S REPRESENTATIVE:Russell Schreiber,Director of Public Works,City of Wichita Falls
BASIC SERVICES: CONSULTANT shall complete the following professional services as Basic Services,
which shall include customary incidental professional services: See Attachment A—Scope of Services.
GENERAL CONDITIONS:
1. Termination—OWNER may terminate this Agreement upon 10 days' written notice to CONSULTANT
with the understanding that all services being performed under this Agreement shall cease upon the date
specified in such notice.In the event of early termination,CONSULTANT shall invoice OWNER for all services
completed and shall be compensated in an amount corresponding to the amount designated as compensation for
each phase of the work satisfactorily completed and accepted plus an amount corresponding to the percentage of
work satisfactorily completed and submitted to Owner for any phase partly completed on the effective date of
the termination.
2. Ownership & Maintenance of Documents--All documents and digital files prepared and/or assembled
by CONSULTANT under this agreement shall become the property of the OWNER and shall be delivered to
OWNER without restriction on future use. OWNER's re-use of documents on future projects will be at the
sole risk of OWNER. CONSULTANT may make copies of any and all documents for its files and re-use
information contained therein.CONSULTANT will maintain project records for three years after the OWNER
has made final payment to the contractor and all other pending matters are closed and provide copies thereof
to OWNER if requested.
3.Controlling Law--This agreement is performable and is to be governed by the law applicable in Wichita
Falls,Texas.Sole venue for any action arising under this agreement shall be in Wichita County,Texas.
4.Assignment of Contract--CONSULTANT shall not assign,sublet or transfer any rights under or interest in
(including,but without limitations,monies that may become due or monies that are due)this Agreement without
the written consent of the other. 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 CONSULTANT from employing independent
consultants,associates,subcontractors,and employees to assist itin the performance of services hereunder.
5.No Third-Party Beneficiaries--Nothing herein shall be construed to give any rights or benefits to anyone
other than OWNER and CONSULTANT.
6. Independent Contractor--In performing services under this agreement, the relationship between
OWNER and CONSULTANT is that of independent contractor, and OWNER and CONSULTANT by the
execution of this Agreement do not change the independent contractor status of CONSULTANT.No term or
provision of this agreement or act of CONSULTANT in the performance of this Agreement shall be construed
as making CONSULTANT or any agent, servant or employee of CONSULTANT the agent, servant or
employee of OWNER.
7. Indemnity--CONSULTANT agrees to release, defend, indemnify, and hold the OWNER whole and
harmless against any and all claims,suits,and actions for any claims of injury or damage made by or on behalf
of CONSULTANT or any of CONSULTANT's officers,agents or employees resulting from the performance
or attempted performance of this Contract regardless of whether the injury or damage is caused in whole or in
part by any acts or omissions of OWNER or any hidden or apparent condition of property owned or controlled
by the OWNER. This indemnity shall not apply to any claim to the extent to which CONSULTANT is
prohibited from indemnifying a governmental entity pursuant to Tex.Local Gov't Code
§271.904 or other law.
8. Governmental Function Clause— All parties agree that this contract is on wherein OWNER is solely
performing a governmental function. All parties expressly agree that OWNER is not engaging in any
propriety functions.
9. Contractual Damages Limitation Clause —All parties agree that damages in this contract are limited
only to those authorized under Texas Local Government Code Section 271.153. Specifically,neither Party is
liable for consequential damagers or exemplary damages regardless of the legal under which such damages
are claimed.
10.Waiver of Attorney's Fees—If any action at law or in equity is necessary to enforce this agreement,each
party agrees to pay its own attorneys'fees and will not seek to recover its own attorneys'fees from the other
party. ENGINEER understands that Texas Local Government Code subchapter I, § 271.153(a)(3)provides
that the total amount of money awarded in an adjudication brought against a government entity for breach of
a contract includes attorneys'fees. Both
ENGINEER and OWNER expressly waive all statutory and other rights to recover attorneys' fees pursuant
to in§ 271.153(a)(3)and all other law.
11.Verification
I, (authorized official) Stephanie Bache do hereby depose and verify the truthfulness and accuracy of the
contents of the statements submitted on this certification under the provisions for Subtitle F, Title 10,
Government Code Chapter 2270 and that the company name below:
1) Does not boycott Israel currently;and
2) Will not boycott Israel during the term of the contract;and
3) Is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at
https://comptroller.texas.gov/purchasing/publications/divestment.php
12. Miscellaneous
CONSULTANT does not guarantee that proposals, bids or actual project costs will not vary from
CONSULTANT's opinions of probable cost or that actual schedules will not vary from CONSULTANT's
projected schedules. CONSULTANT shall not be responsible for: (1) construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in connection with the Project;(2)the
failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to
CONSULTANT,to fulfill contractual responsibilities to the OWNER or to comply with federal,state,or local
laws,regulations,and codes;or(3)procuring permits,certificates,and licenses required for any construction
unless such responsibilities are specifically assigned to CONSULTANT.Except for OWNER's obligation to
make payments,neither party shall be in default hereunder to the extent such default is caused by a cause or
circumstance beyond such party's reasonable control. CONSULTANT shall be entitled to an equitable
adjustment in schedule and compensation in the event such circumstances occur.
Black&Veatch Corporation Company
Name
Sig ature of Authorized Official
L1
Associate Vice President 08/06/2021
Title of Authorized Official Date
This agreement and said attachments may only be amended,supplemented,modified or canceled by a duly
executed written instrument.
EXECUTED,this the day of ,20 .
OWNER: City of Wichita Falls,Texas CONSULTANT: Black& Veatch Corporation
Darron Leiker,City Manager St ni Bache,Assocgate Vice President
(seal) (seal)
ATTEST: ATTEST:
Marie Balthrop,City Clerk Ignacio Cadena,Client Director
FORM APPROVED:
Kinley Hegglund,City Attorney
ATTACHMENT
A SCOPE OF SERVICES
Owner: City of Wichita Falls,
Texas Design Professional: Black & Veatch
Corporation
Project Title: Design & Construction Management of SCADA System
Improvements
PROJECT DESCRIPTION
The goal of the project is to update the SCADA system at the Cypress and Jasper
WTPs,Arrowhead pump station,and Headquarters facility by addressing rehabilitation
needs and will upgrade both SCADA server hardware and software as listed below.
This scope of services includes Preliminary Design, Final Design, Bidding Services
and Construction Management Services.
The Project includes the following major components:
• SCADA technology analysis to determine design criteria for equipment to be
upgraded.
- Topics Included in the Analysis:
o Provide desktop radio path profile for microwave
communications between Cypress and Jasper WTP.
• SCADA equipment assessment at Cypress and Jasper WTPs, and
Arrowhead pump station to determine design criteria and scope of work
for equipment to be upgraded.
- Cypress SCADA System
o Replace SCADA servers.
o Replace SCADA workstations and monitors
o Upgrade current SCADA software to latest version
o Replace Operator Interface Terminals (5 OITs)
o Add microwave radio link to Jasper WTP
- Jasper SCADA System
o Replace SCADA servers.
o Replace SCADA workstations and monitors
o Upgrade current SCADA software to latest version
o Add microwave radio link to Cypress WTP
o Replace Operator Interface Terminals (OITs) at the filter consoles
o Replace redundant main PLCs in Admin Building
- Arrowhead SCADA System
o Replace dialup modem with new 4G cellular modem. Design
corresponding modem for installation at the Cypress WTP.
o Update workstation with FactoryTalk Station 250 display client.
- Headquarters Rd SCADA System
o Update workstation with FactoryTalk Station 250 display client.
• Basis of Design Report, Final Design, Bidding Services and Construction
Management for one bid package of all the SCADA System Improvements at
Cypress and Jasper WTPs, Arrowhead pump station, and Headquarters Rd
facility.
TASK SERIES 100: SCADA IMPROVEMENTS—PRELIMINARY & FINAL
DESIGN AND BID SERVICES
Task 100: Conduct Project Administration Services.Design Professional will provide
project management functions required to successfully complete the task series indicated
above, including all project correspondence with the City; consultation with the City's
staff; supervision and coordination of services; implementation of a project specific work
plan,procedures, and a quality control/quality assurance plan; scheduling and assignment
of personnel resources, administration and coordination of subconsultants, continuous
monitoring of work progress; and invoicing for the work performed. Based on 6-month
design.
Task 101: Monthly Project Status Reports. Design Professional will prepare a
monthly project status report to identify work that has been performed in the reporting
period, the work activities anticipated to be performed the next month, action items
required of City for an efficient and effective delivery of the Design Professional's
services, potential project scope variances with corrective actions suggested by the
Design Professional.
Task 102: Initial Project Meeting. Design Professional will conduct a project
initiation meeting to discuss the project goals and objectives; clarify City's
requirements for the project, review pertinent available data, review project staffing
and organization, present initial work plan, and present initial work schedule.
Task 103: Conduct Progress Meetings. Design Professional will schedule and facilitate
nine
(9) progress meetings to review and obtain feedback on interim deliverables, review
the project schedule, discuss key design issues, review budget status, and discuss
deviations from the scope of services. Design Professional shall prepare and distribute
minutes of each progress meeting and identify action items.
Task 110: Prepare Design Memorandum. Design Professional will prepare a Design
Memorandum. The Design Memorandum will include the following items:
• Drafting standards
• Equipment tagging conventions
• Equipment list
• Process equipment information and data
• Design criteria
• Applicable codes and standards, including fire and safety codes including
code review and approval process
• Layouts of process piping and major equipment
• P&ID and Process Flow Diagrams
• Operational monitoring and control systems
• Utility requirements
• Construction sequencing plan
• Project schedule
Design Professional will schedule a meeting with the City to review and finalize the
Design Memorandum.
Task 120: Contract Documents. Design Professional will produce 60-, 90-, and 100-
percent complete contract documents (drawings and specifications) and submit to the
City for review. Following each submittal, a progress meeting will be scheduled within
14 working days to receive comments from the City. The drawings will be prepared in
22x34 sheet format in the latest version of AutoCAD utilizing the City's standard
drawing border and Design Professional's drawing standards. The technical
specifications will include the City standard "front-end" contract documents (North
Central Texas Council of Government—NCTCOG)and be developed in Microsoft Word
using the Engineer's standard specification guides and format. Documents will be
provided to City for review in pdf format. Design Professional will develop an opinion
of probable construction cost (OPCC) for each design submittal. All opinions of
probable construction costs developed will follow the recommendations of the
Association for the Advancement of Cost Engineering (AACE) International
Recommended Practice No. 18R with regard to methodology and accuracy. Since
Engineer has no control over the cost of labor,material,or equipment furnished by others
not under contract to Engineer, Engineer's opinion of probable cost for construction of
the work will be made on the basis of experience and qualifications as an Engineer.
Engineer does not guarantee or warranty that proposals,bids, or actual project costs will
not vary from Engineer's opinions of probable cost. The cost opinion level of accuracy
presented by Engineer will be in accordance with accepted industry guidelines and as
defined by AACE.
Design Professional will also comply with all requirements and stipulations of the
American Rescue Plan Act of 2021 to ensure the City of Wichita Falls conforms
with funding requirements.
Owner will provide all existing site plans and building plans in electronic format to be
used for drawing backgrounds.
Task 130: Bidding Services. Design Professional will perform the following bidding
services:
- Prepare Advertisement Information. Design Professional will assist the City
in establishing a bid opening date, coordinate reproduction and distribution of
the bid documents (using the city's website for distribution) and maintain a
list of plan holders. Potential bidders will purchase their own sets of project
drawings and contract specifications.
- Pre-Bid Assistance. Design Professional will schedule and conduct a pre-bid
conference, respond to questions from bidders, advise the City of any inquiries
prior to the bid opening from contractors/subcontractors/suppliers, and prepare
addendum as required to respond to questions and provide clarification.
- Bid Opening. Design Professional will attend the bid opening and assist
the City in reviewing the bids for completeness and accuracy.
- Review Bidder Qualifications. Design Professional will review the bids for
completeness and conformance with the bidding requirements, provide a credit
history review of the apparent low bidder, review subcontractors, and prepare a
bid tabulation and letter with recommendation of award.
TASK SERIES 200: SCADA IMPROVEMENTS— CONSTRUCTION
MANAGEMENT SERVICES
Design Professional will perform Construction Services during the construction phase of
the project for a 10-month duration.By performing these services,Engineer shall not have
authority or responsibility to supervise, direct, or control the Contractor's work or the
Contractor's means, methods, techniques, sequences, or procedures of construction.
Engineer shall not have authority or responsibility for safety precautions and programs
incident to the Contractor's work or for any failure of the Contractor to comply with laws,
regulations,rules, ordinances, codes, or orders applicable to the Contractor furnishing and
performing the work. Engineer will perform the following construction services:
Task 200: Conduct Project Administration Services.Design Professional will provide
project management functions required to successfully complete the task series indicated
above, including all project correspondence with the City; consultation with the City's
staff; supervision and coordination of services; implementation of a project specific work
plan,procedures, and a quality control/quality assurance plan; scheduling and assignment
of personnel resources, administration and coordination of subconsultants, continuous
monitoring of work progress; and invoicing for the work performed.
Task 201: Monthly Project Status Reports. Design Professional will prepare a
monthly project status report to identify work that has been performed in the reporting
period, the work activities anticipated to be performed the next month, action items
required of City for an efficient and effective delivery of the Design Professional's
services, potential project scope variances with corrective actions suggested by the
Design Professional.
Task 202. Conformed Contract Documents. Prepare conformed contract documents and
distribute copies to the City and Contractor. It is anticipated that a total of 3 sets (number
of sets may be less) of the conformed drawings and specifications will be reproduced.
Task 203. Preconstruction Conference. Attend a preconstruction conference at a date and
time selected by the City and at a facility provided by the City. Elements of the conference
include:
• Agenda and minutes
• Discussion of Contractor's tentative schedules
• Procedures for transmittal and review of Contractor's submittals
• Processing applications for payment
• Critical work sequencing
• Change orders
• Record documents
• Contractor's responsibilities for safety and first aid
Task 210.Construction Progress Review Meetings.Visit the construction site to observe
progress of the work and consult with the City and the Contractor.A total of 10 construction
progress meetings are anticipated. A total of one of Engineer's staff persons for a 1-day site
visit and progress meeting is included.
Task 211. Shop Drawing Review. Review drawings and other data submitted by the
Contractor as required by the construction contract documents. Engineer's review shall
be for general conformity to the construction contract documents and shall not relieve
the Contractor of any of his contractual responsibilities. Such reviews shall not extend
to means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto. 110 hours are allotted for this task.
Task 212.Requests for Information. Interpret construction contract documents when
requested by the City or the Contractor. Requests for clarification or information shall
be in writing and copies of Engineer's response shall be distributed to the City and
Contractor. A maximum of nine RFIs are allotted for this task.
Task 213. Change Orders. Assist the City with the review of Contractor requests for
project changes. One change order is allotted for this task.
• Review documentation.
• Assist with the preparation of the design change description and required drawings.
• Prepare an independent estimate of the change order cost.
• Submit recommendations to the City.
Task 214. Factory Acceptance Testing. The Engineer will witness the Contractor's
Factory Acceptance Test in conjunction with the Owner. This task includes one 5-day
site visit for one of Engineer's staff persons to the Contractor's facility. During this
testing, Engineer will verify HMI graphics developed under this scope of work. If the
Contractor has significant deficiencies which warrant additional site acceptance testing,
the Engineer can attend additional testing as a supplemental service.
Task 215. Site Acceptance Testing. The Engineer will witness the Contractor's Site
Acceptance Test in conjunction with the Owner. This task includes one 5-day site visit
for one of Engineer's staff persons to the Owner's facility. During this testing, Engineer
will verify HMI graphics developed under this scope of work. If the Contractor has
significant deficiencies which warrant additional site acceptance testing, the Engineer
can attend additional testing as a supplemental service.
Task 216.Punch List.Upon substantial completion, inspect the construction work and
preparing a punch list of those items to be completed or corrected before final
completion of the project. A total of one of Engineer's staff persons for a 2-day
inspection is included.
Task 217. Final Inspection. Upon completion or correction of the items of work on the
punch list, participate in a final inspection to determine if the work is completed. A total
of one of Engineer's staff persons for a 1-day inspection is included
Task 218. Drawings Conformed to Construction Records. Upon completion of the
project; revise the construction contract drawings to conform to the construction
records. Submit to Owner in AutoCAD format.
TASK SERIES 300: ADDITIONAL SERVICES
Any work requested by the City that is not specifically stated in the Basic Scope
of Services listed above will be classified as Additional Services. Additional
Services shall be authorized in writing by the City. Additional Services will be
performed based on the following Rate Schedule and mutually agreed upon
number of hours.
CATEGORY BILLING RATE
RANGES
Clerical $ 50.00 - $ 100.00
Engineering Technician $ 65.00 - $ 125.00
Project Accountant $ 65.00 - $ 150.00
I&C Engineer $ 80.00 - $225.00
I&C Sr. Engineer $125.00 - $ 250.00
Project Manager $150.00 - $ 250.00
Senior Technical Advisor $200.00 - $ 250.00
Principal $225.00 - $ 300.00
(End of
Attachment
A)