Res 033-99 4/6/1999 City Council Bill #71
RESOLUTION NO. 33 `lei
RESOLUTION APPROVING CONTRACT WITH THE FIRM OF
CORLETT, PROBST & BOYD, INC./CAMP, DRESSER & McKEE FOR
ENGINEERING SERVICES CONTRACT FOR THE JASPER
PRELIMINARY ENGINEERING REPORT; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Environmental Protection Agency is issuing new regulations
pertaining to surface water treatment; and
WHEREAS, the Jasper Water Treatment Plant needs an evaluation of its ability
to meet these new criteria; and
WHEREAS, the City of Wichita Falls wishes to retain the engineering firm of
Corlett, Probst & Boyd, Inc./Camp, Dresser & McKee for the preparation of this
Preliminary Engineering Report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The contract between Corlett, Probst & Boyd, Inc./Camp, Dresser
& McKee for the preparation of the Jasper Water Treatment Plant Preliminary
Engineering Report is hereby approved at a cost of $39,750.00.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of April, 1999.
MAYOR
ATTEST:
City Clerk
STATE OF TEXAS )(
COUNTY OF WICHITA )(
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AGENDA ITEM NO. 11.D
This contract, made and entered into as of the 6th day of April, 1999, by and between
the City of Wichita Falls, Wichita County, Texas, a Municipal Corporation in the State of
Texas, (hereinafter called "OWNER" or "CITY") and the firm of Corlett, Probst & Boyd,
Inc. / Camp Dresser and McKee (hereinafter called "ENGINEER" or "CONSULTANT"),
Engineers duly licensed and practicing under the laws of the State of Texas;
WITNESSETH:
WHEREAS, the City of Wichita Falls proposes to accomplish certain utility
improvements in a project known as Preliminary Engineering Report; and,
WHEREAS, the firm of Corlett, Probst & Boyd, Inc./Camp Dresser and McKee is
acceptable to the Owner and is willing to enter into a contract to perform engineering
service required by the Owner.
NOW, THEREFORE, it is agreed as follows:
Section 1
I.
A. The general scope of the project is to prepare a Preliminary Engineering Report
for the Jasper Water Treatment Plant.
B. The OWNER hereby retains the ENGINEER for all engineering services required
in connection with the said proposed project. The services performed by the
ENGINEER are as stated in a Consultant letter dated March 25, 1999 and
entitled "Preliminary Engineering Report - Jasper Water Treatment Plant"
C. The services for the Project shall include:
1. Project Management including:
(a) Kickoff meeting with representatives of the City, CPB and
CDM.
(b) Project meeting midway through the project to discuss
the status of work performed to date.
(c) Project meeting to discuss draft Preliminary Engineering
Report.
2. Perform on-site audit of the existing plant facilities.
3. Evaluation of rapid mixing, flocculation/sedimentation and filtration.
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AGENDA ITEM NO. 11.D
4. Evaluation of chemical storage and feed system.
5. Evaluation of plant clearwell storage and feed system.
6. Evaluation of the sludge handling process.
7. Evaluation of the impact of current and future SDWA and TNRCC
drinking water regulations on the Jasper Water Treatment Plant.
8. Preparation of the final report.
9. Provide five copies of draft report and ten copies of final draft.
10. Final reports are to be submitted by October 6, 1999.
II.
Special Provisions
A. For special services as may be required and/or authorized by the OWNER, the
ENGINEER shall be compensated on the basis of fees as shown in Appendix A
herein attached. Special services are defined as court litigation, field surveys for
land acquisitions and easements, associated travel costs, and other service, as
shown in Appendix A.
B. The OWNER will give prompt written notice to the ENGINEER whenever the
OWNER observes or otherwise becomes aware of any defects in the
engineering services, in the work of the contractor, or any development that
affects the scope or timing of engineering services.
III.
Fee Schedule
For and in consideration of the services to be rendered by the ENGINEER in this
Agreement, the OWNER shall pay and the ENGINEER shall receive the fee as set forth
in attachment hereto which is made a part hereof and identified as Exhibit I.
IV.
Revisions to Drawings and Specifications
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AGENDA ITEM NO. 11.D
The ENGINEER shall make without expense to the OWNER such revisions to the
Preliminary Phase as may be required to meet the needs of the OWNER, but after the
approval of the Preliminary Phase any revisions, additions, or other modifications made
at the OWNER's request which involves extra services and expenses to the ENGINEER
shall be subject to additional compensation to the ENGINEER for such extra services
and expenses.
Ownership of Documents
All documents including the original drawings, estimates, specifications, field notes and
data, will remain the property of the OWNER. Any reuse without specific written
verification or adaptation by ENGINEER will be at OWNER's sole risk and without
liability or legal exposure to ENGINEER. Any such verification or adaptation may entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER.
Title and Stamp Requirements
All plans prepared under this contract will bear the ENGINEER's title and stamp
thereon.
V.
Termination
A. Right of Either Party to Terminate
This Agreement may be terminated by either party for substantial failure by the
other party to perform (through no fault of the terminating party) in accordance
with the terms of this Agreement.
This agreement may also be terminated if the CITY elects, for whatever reason,
not to continue the proposed project.
The terminating party must issue a signed, written notice of termination (citing
this paragraph) to the other party which shall take effect on the tenth day
following receipt of said notice.
B. Procedures ENGINEER to Follow upon Receipt of Notice of Termination if Issued
by the OWNER
Upon receipt of a notice of termination and prior to the effective date of the
termination, the ENGINEER shall, unless the notice otherwise directs,
immediately begin to phase-out and discontinue all service in connection with the
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AGENDA ITEM NO. 11.D
performance of this Agreement and shall proceed to promptly cancel all existing
orders and contracts insofar as such orders and contracts are chargeable to this
Agreement. Within thirty (30) days after receipt of the notice of termination, the
ENGINEER shall submit a statement, showing in detail the services performed
under this Agreement prior to the effective date of termination.
Copies of all completed or partially completed specifications and reproducibles of
all completed or partially completed design and plans prepared under this
Agreement prior to the effective date of termination shall be delivered to the
OWNER as a pre-condition to final payment. These documents shall be subject
to the restrictions and conditions set forth in IV above.
Upon the above conditions being met, the OWNER shall promptly pay the
CONSULTANT that proportion of the prescribed fee which the services actually
performed under this Agreement bear to the total services called for under this
Agreement, less previous payment of the fee.
Failure by the ENGINEER to comply with the submittal of the statement and
documents as required above shall constitute a waiver by the ENGINEER of any
and all rights or claims to collect monies that ENGINEER may rightfully be
entitled to for services performed under this Agreement.
VI.
ENGINEER's Warranty
The ENGINEER warrants that he has not employed or retained any company or person
other than a bona fide employee working solely for the ENGINEER, to solicit or secure
this contract, and that he has not for the purpose of soliciting or securing this contract
paid or agreed to pay any company or person, other than a bona fide employee working
solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gift, or any
other consideration, contingent upon or resulting from the award or making of this
contract. For breach of this warranty, the OWNER shall have the right to terminate this
contract under the provisions of V above.
VII.
Equal Employment Opportunity/Minority Business Enterprise
The ENGINEER agrees not to engage in employment practices which have the effect of
discriminating against any employee or applicant for employment; and, will take
affirmative steps to ensure that applicants are employed and employees are treated
during employment without regard to their race, color, religion, national origin, sex, age,
handicap, or political belief or affiliation.
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AGENDA ITEM NO. 11.D
VIII.
Assignment or Transfer of Interest
The ENGINEER shall not assign or transfer his interest in the contract without the
written consent of the OWNER.
IX.
Indemnification
ENGINEER shall and does hereby agree to indemnify and hold harmless the OWNER
from any and all damages, loss or liability of any kind, whatsoever, by reason of injury
to third persons occasioned by any negligent act, error, or omission of ENGINEER, its
officers, agents, employees or other persons for whom ENGINEER is legally liable, in
rendering or failing to render professional services with regard to the performance of
this Agreement; ENGINEER will at its cost and expense defend and protect the
OWNER against any and all such claims and demands.
X.
Severability
If for any reason, any one or more paragraphs of this contract are held invalid, such
judgment shall not affect, impair or invalidate the remaining paragraphs of the contract
but shall be confined in its operations to the specific section, sentences, clauses or
parts of this contract held invalid and invalidity of any section, sentence, clause or parts
of this contract in any one or more instance shall not affect or prejudice in any way the
validity of this contract in any other instance.
XI.
Estimates of Cost
Since the ENGINEER has no control over the cost of labor, materials or equipment or
over the contractor's methods of determining prices, or over competitive bidding or
market conditions, his opinions of probable Project Cost or Construction Cost provided
for herein are to be made on the basis of his experience and qualifications and
represent his best judgment as a design professional familiar with the construction
industry but the ENGINEER cannot and does not guarantee that proposals, bids or the
construction cost will not vary from opinions of probable cost prepared by him.
XII.
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AGENDA ITEM NO. 11.D
Entire Agreement
This Agreement represents the entire and integrated Agreement between the OWNER
and ENGINEER and supersedes all prior negotiations, representations, or agreements
either oral or written. This Agreement may be amended only by written instrument
signed by both the OWNER and ENGINEER.
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AGENDA ITEM NO. 11.D
SECTION 2
IN WITNESS WHEREOF, the City of Wichita Falls has lawfully caused these
presents to be executed by the hand of the City Manager of said CITY, and the
corporate seal of said CITY to be hereunto affixed and this instrument to be attested by
the City Clerk, and the said CONSULTANT, acting by the hand of
, thereunto authorized , does now
sign, execute and deliver this document.
DONE at Wichita Falls, Texas, on this day of , A.D., 19
BY:
President
Official Title
Corporation Secretary
CITY OF WICHITA FALLS
BY:
City Manager
ATTEST BY:
City Clerk
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AGENDA ITEM NO. 11.D
EXHIBIT 1
COMPENSATION FOR PROFESSIONAL SERVICES
PERCENT OF CONSTRUCTION COST METHOD
Section 1 - Basis for Compensation
1.1 The base fee for all services defined by this contract shall be $39,750.00.
Section 2 - Method of Payments
2.1 Payment shall be made to the CONSULTANT upon submission of the final report
to the City and acceptance thereof by City.
2.2 The CONSULTANT shall be compensated on the basis specified for extra
services not included in the contract as set forth in Appendix "A", for only those
Field Alterations that have been approved by the CITY for compensation,
however, the CONSULTANT shall not be compensated for Field Alterations
made necessary by the CONSULTANT's errors or omissions.
Section 3 - Maximum Base Fee
3.1 All other paragraphs and provisions notwithstanding the maximum base fee
payable to the CONSULTANT under Exhibit 1 shall not exceed $39,750.00 for all
phases of the work. This does not affect the fees payable for additional services
under the provisions of Appendix A.
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AGENDA ITEM NO. 11.D
APPENDIX "A"
COMPENSATION FOR ADDITIONAL PROFESSIONAL SERVICES
The fees as described in Exhibit 1 of this contract for the Preliminary, Design and
Construction Phases of the Project shall provide compensation to the CONSULTANT
for all services called for under this agreement to be performed by him or under his
direction except the services as set forth below. These additional services and the
compensation to be paid by the CITY to the CONSULTANT for their performance when
authorized in writing by the Director as set forth as follows:
A. The basis of compensation for the following additional services shall be:
a. $75.00 per hour for testimony of principals.
b. Salary cost times a multiplier of 2.5 for services other than testimony of
principals.
c. Reimbursement for non-labor expense and subcontract expense at
invoice cost plus a 10% service charge.
1. Assistance to the CITY as an expert witness in any litigation with third
parties, arising from the development or construction of the Project
including the preparation of engineering data and reports.
B. The basis of compensation for the following additional services shall be:
a. Salary cost times a multiplier of 2.5 and/or
b. Reimbursement for direct non-labor expense and subcontract expense
at invoice cost plus a 10% service charge.
1. Restaking all destroyed hubs and checking alignment of existing hubs.
Elevations of all hubs shall be reestablished. Restaking shall be done as
required, and a cut sheet based on such restake shall be prepared.
2. Preparation of applications and supporting documents for 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 on the Project.
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AGENDA ITEM NO. 11.D
3. Revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are due to causes beyond
CONSULTANT's control.
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AGENDA ITEM NO. 11.D
4. Preparing documents for alternate bids requested by the CITY.
5. Investigations involving detailed consideration of operations,
maintenance and overhead expenses.
6. Providing Value Engineering during the course of design.
7. Preparation of feasibility studies not required in the base contract.
8. Cash flow and economic evaluations, rate schedules and appraisals.
9. Detailed quantity surveys of material, equipment and labor.
10. Audits or inventories required in connection with construction performed
by the CITY.
11. Services after the award of each contract in evaluating substitutions not
specified as an "or equal" proposed by the contractor(s) as authorized by
the CITY.
12. Making revisions to drawings and specifications occasioned by
substitutions.
13. Services during out-of-town travel required of CONSULTANT.
14. Additional 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 contractor(s), (3) acceleration of
the progress schedule required by the CITY involving services beyond
normal working hours, and (4) default by contractor(s).
15. Preparation of operating and maintenance manuals.
16. Additional or extensive assistance after initial startup in the utilization of
any equipment or system (such as post initial startup testing, adjusting
and balancing).
17. Training personnel for operation and maintenance.
18. Services after the completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
discrepancies under guarantee called for in any contract for the project.
19. Actual performance of test borings and other soil or foundation
investigations and related analysis.
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AGENDA ITEM NO. 11.D
20. Detailed mill, shop and/or laboratory inspection of materials or equipment.
21. Additional copies of reports, drawings and specifications over the number
specified in the base contract.
22. Providing renderings or models for CITY use.
23. Project aerial mapping.
24. Right-of-way surveys and related office calculations.
C. The basis of compensation through the Design Phase for all Field Alterations
that have been approved by the OWNER, shall be the approved cost of the Field
Alteration(s) times the percent factor as determined by the amount of the
contract award times 80 percent. The CONSULTANT shall invoice separately
for field alterations through the Design Phase. The remaining 20 percent fee
due for the Construction Phase will be automatically included when the final in
place cost of the project is determined and the CONSULTANT submits the final
invoice for the Construction Phase of the completed and accepted project.
D. Salary cost for purposes of this appendix is defined as the cost of salaries of
engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time
directly chargeable to the project, plus customary and statutory benefits including
but not limited to social security contributions, unemployment excise and payroll
taxes, employment compensation insurance, retirement benefits, medical and
insurance benefits, sick leave, vacation and holiday pay applicable thereto.
E. The amount of customary and statutory benefits of all personnel other than
Principals of the consulting firm will be considered equal to 30% of salaries and
wages.
F. For purposes of this appendix, the Principals of the consulting firm and their
total hourly charge will be as follows:
NAME HOURLY CHARGE
1. Richard Boyd $75.00
2. Dennis Probst $75.00
3. Dean Hinton $75.00
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AGENDA ITEM NO. 11.D