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Ord 08-2023 Appropriating Water and Sewer Balance and Authorizing JWTP Pump Agreement 02/07/2023 Ordinance No. 08-2023 Ordinance appropriating $3.2 million of unrestricted Water & Sewer fund balance to facilitate various repairs to the Jasper and the Cypress 61 Water Treatment Plants and authorizing the City Manager to execute a professional services agreement for the Jasper Water Treatment Plant High Service Pump Station Design, with Garver, LLC in the amount of$187,100.00 WHEREAS, one of the City of Wichita Falls' Strategic Goals is to Provide Adequate Infrastructure; and, WHEREAS, the City desires to continue to have reliable treatment and pumping systems to distribute drinking water; and, WHEREAS, the replacement of High Service Pump #4 is necessary to achieve said reliability; and WHEREAS, the City of Wichita Falls has received an estimate from Garver, LLC for consulting services to design, bid, and provide construction oversight to replace High Service Pump #4 at the Jasper Water Treatment Plant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . $3.2 million is appropriated from the unrestricted water and sewer fund balance to facilitate various repairs to the Jasper and the Cypress 61 Water Treatment Plants and 2. City Manager is authorized to execute the professional services agreement for the Jasper Water Treatment Plant High Service Pump Station Design with Garver, LLC in the amount of $187,100.00 PASSED AND APPROVED this the 7th day of February 2023. MAYOR ATTEST: a4AA g�� Cit Clerk Professional Services Agreernent between the City of Wichita Falls and Gan-er,LLC for C:onsultiug Services for the Jasper Water Treatment Plant High Service Pump Station Design OWNER: The City of Wichita Falls:Atm:Director of Public.Works_P.D.Box 1431,Wichita Falls,Texas 76307 CONSULTANT: Garver,LLC PROJECT: Jasper Water Treatment Plant TP)High Service Pump Station(HSPS)Design TIMEIABLE: Time is of material consideration for services performed under this Agreement CONSULTANT shall complete the scope of work in accordance with the schedule outlined in Appendix A—Scope of Services. P_A' MENI: 1.Payment for Basic Services.OWNER agrees to pay the following amounts for Basic Services rendered pursuant to this contact,a total amount of S187,100.00 subject to completion of the following phases of the PROTECT: TASK FEE AMOUNT FEE TYPE Task 1 —Project Administration S 15.900.00 LUMP SUM Task 2—Survey S 10.200.00 LUMP SUM Task 3—Pre]irninary Design S28200.00 L u IP SUM Task 4—Detailed Design S63,800.00 LUMP SUM Task 5—Birlr3;nn,Services S 25,300.00 LUMP SUM Task 6—Construction Phase Services S35.300.00 LUMP SUM Task 7—Hydraulic Model Update 58.400.00 LUMP SUM TOIL FEE S 187,100.00 CONSULTANT shall invoice Owner on a monthly basis_ Such invoice shall include supporting documentation reasonably necessary for Owner to know with reasonable certainty the proportion of Services accomplished. 2.Parmen t for Additional Services. OWNER shall pay CONSULTANT for Additional Services requested and rendered as follow:: 2.1.Payment for Additional Services of CONSULTANT rendered under this Contract("Contract'or'Agreement')shall be paid as mutually agreed to scope and fee.Additional services shall be authorized by an executed amendment to this agreement. 3.Times of Payments. 3.1.Times of Payment—CONSULTANTshall submit monthly statamant: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 CONSULTANTS monthly statements. Upon conclusion of each phase of Basic Service,,OWNER.hall 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, or the allowed interest according to applicable law (whichever is higher) on all invoiced owed amounts not paid within 30 days of the date of the invoice, calculated from the date of the invoice_ In addmon,CONSULTANT may,after giving 10 days'written notice to OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amount due for services and expenses. OWYER'S REPRESENTATIVE: Russell Schreiber,Director of Public Works,City of Wichita Falls BASIC SERVICES: CONSULTANT shall complete the professional services as Basic Services as outlined in Appendix A—Scope of Services according to the industry standard of care:CONSULTANT shall perform any and all services Pace 1 required herein in accordance with generally accepted practices and standards employed by the applicable United States professional services industries as of the effective date of this Agreement,practicing under similar conditions and locale. Such generally accepted practices and standards are not intended to be limited to the optimum practices.methods, techniques,or standards to the exclusion of all others,but rather to a spectra of reasonable and prudent practices employed by the United States professional services industry: GENER4I-COYDITIONS: 1,Termination-0A75ER may terminate this Agreement upon ten(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_ Upon termination for CONSULTANT'S alleged default,CONSULTANT shall have ten(10)days opportunity to cure.In the event of early termination,CONSULTANT shall invoice OWNER and be compensated for(i)all services properly performed under this Agreement,and reasonable costs incurred by CONSULTANT on or before CONSULTANT'S receipt of the termination notice, including all outstanding and unpaid invoices. Upon termination for convenience. CONSULTANT shall allow be provided(ii)all costs reasonably incurred to bring such services to an orderly cessation. ;. Ownership & Maintenance of Documents--All documents and digital files prepared andior assembled by CONSULTANT under this Agreement shall become the property of the OWNER and shall be delivered to OWNER without retract ion on future use:provided however,any and all underlying intellectual property.if any(rmlecs provided by OWNER),shall remain the property of CONSULTANT such that CONSULTANT may continue to perform its business in the normal course. Upon payment in full,CONSULTANT shall grant OWNER an irrevocable,non-exclusive,royalty-free license to use the same for the purposes contemplated under this Agreement.To the extent allowed under applicable law; OWNER shall defend,indemnify and hold harmless CONSULTANT and its subcon ultants against all claims,losses; damages.injuries,and expenses;including reasonable attorneys'fees arising out of change to,or re-use of deliverables for any other project OWNER's re-use of docirrnPrik 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 .hall be in Wichita County,Texas_ 4.Assignment of C ontra ct—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 die performance of service hereunder. F^,No Third-Part-Beneficiaries--Nothing herein shall be construed to give any rights or benefits to anyone other than OWNER and CONSULTANT. b. Independent Con tractor--Inperforming 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. Na 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 agreesto release.indemnify,and hold the OWNER whole and harmless against any and all third party tort claims,suits.and actions for any claims of bodily iniurf or tan,1ble property damage resulting from the negligent performance or ne gligent attempted performance of this Contract_This indemnity shall not apply to any claim to the extent to which CONSULTANT is prohibited fond 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 one wherein OWNER is solely performing a governmental function.All parties expressly agree that OWNER is not engaging many proprietary functions. Page 9.Contractual Dam.ages Limitation Clause— 9.1 Al]parties agree that exposures for damages in this Contract are limited by agreement of the parties,and to those damages authorized under Texas Local Government Code Section 271.153. 92 NOTITTTHSTANDING,NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL DAMAGERS OR EXEMPLARY DAMAGES OF ANY KIND REGARDLESS OF THE CAUSE OR ACTION(INCLUDING NEGLIGENCE OF ANY KIND OR CHARACTER INCLUDING GROSS NEGLIGENCE)_ 9.3 NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, CONSULTANTS (NCLL1JING ITS SUBCONSULTANTS, AGENTS: ASSIGNEES, AFFILIATES AND VENDORS) TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO 100%OF THE AGREEMENT PRICE REGARDLESS OF THE CAUSE OR ACTION (LCLUDING NEGLIGENCE OF ANY KIND OR CHARACTER INCLUDING GROSS NEGLIGENCE). CONSULTANT chal l be entitled to an equitable adjustment in the Agreement price and project schedule for impacts to the services resulting from events beyond CONSULTANT'S control. 10.Waiver of Attorne'.' Fees—If any action at law or in equity is necessary to enforce this agreement,each party agrees to pay its own attorneys'fe3:and will not seek to recover its own attorneys' fees from the other party. CONSULTANT understands that Texas Local Government Code subchapter I, §271.153(aX3)provides that the total amount of money awarded in an adjudication brought against a government entity far breach of a contract includes attorneys' fees.Both CONSULTANT and OWNER expressly waive all statutory and other rights to recover attorneys' fees pursuant to § 271.153(a)(3)and all other law. 11.Exhibit The following Exhibits are attached to and made a part of this Agreement: Attachment 1—Scope of Services OWNER and CONSULTANT,by signing this Agreement,acknowledges that they have independently assured tam alves and confirms that they individually have examined all Exhibits, and agrees that all of the aforesaid Exhibits shall be considered a part of this Agreement and agrees to be bound to the terms,provisions,and other requirements thereof,unless specifically excluded. Acceptance of this proposed Agreement is indicated by an authorized agent of the OWNER signing in the space provided below. Pare u 12,Verification L (authorized official) do hereby depose and verify the truthfulness and accuracy of the contents of the statement submitted an this certification under the provisions of Subtitle F,Title 10,Government Code Chapter 2270 and that the company named below: 1) Does not boycott Israel currently; and 2) 'Will not boycott Israel during the term of the contract;and Is not currently listed on the State of Texas Comptroller's Companies that Boycott Israel List located at https:Ncomptroller.texas.ro3!purchasinrlpublicationsfdiv estment.php Company Name Signature of Authorized Official Title of Authorized Official L1 ate This A meat and said attachment may only be amended,supplemented;mo-dined or canceled by a duly executed written instrument. EXECUTED,this the day of ,20— OWN-ER; City of Wichita Falls,Iexas CONSULTANI: Garver,LLC Darron Leiker,City Manager Dan.ielN.Olson,Vice President (seal) (seal) ATTEST: ATTEST: Marie Balthrop,City Clerk FORM APPROVED: Kislev Ilegglund,City Attorney Pagg 4 GARVER APPENDIX A (SCOPE OF SERVICES) GENERAL Generally, the scope of services includes design, bidding services, and construction support services for improvements to City of Wichita Falls' (CITY) Jasper Water Treatment Plant (WTP) High Service Pump Station (HSPS). Improvements will consist primarily of replacement of Pump No. 4 and associated piping, electrical, and structural improvements as indicated during the Jasper HSPS Evaluation project to increase firm pump station capacity and provide pumping redundancy. 1. TASK 1 —PROJECT ADMINISTRATION 1.1. Kick-off Meeting Garver will hold a kick-off meeting with the City of Wichita Falls(CITY)to confirm goals, schedule,and deliverables for the project. 1.2. Research and Data Collection A. Review existing materials and reports,including those obtained from the CITY,and perform field investigations to establish final improvements. The data reviewed will be used in the development of the PROJECT documents and will include, but not be limited to, the following:. 1. CITY details,specifications,design manuals,and guidelines;and 2. Existing siteffacility record drawings. B. Meet with CITY engineering staff and obtain design criteria,existing easement information, and other information available for the project area. Conduct an on-site review and walk through to assess existing condition. Review all relevant record drawings. 1.3. Project Management and Quality Control/Assurance Plan A. Garver will prepare and provide up to twenty (20) monthly progress/status reports, sufficient to support monthly billings. Monthly status reports will be submitted with monthly invoices and project updates_ Garver will manage all efforts of the project team and maintain appropriate records and documentation of project decisions, modifications, activities,communication, correspondence,and schedules. B. Garver will develop a Project Management Plan and Quality Control/Assurance Plan for internal use and will perform Quality AssuranceiQuality Control(OA/QC)reviews at major milestones of the project. C. Attend up to two (2)virtual progress meetings during design phases to provide status and progress updates. 2. TASK 2—SURVEY A. GARVER,through a subconsultant,will obtain a high-definition point cloud and associated photographs for the Jasper HSPS area. This will be computed into a 3D model of the Jasper HSPS area.This task assumes up to 20 scan setups_ Exhibit A-Scope of Services 1 of 6 20W06241 Wichita Falls Jasper HSPS Design GARVER 3. TASK 3—PRELIMINARY DESIGN A. Following the kickoff meeting, Garver will perform a site visit to the Jasper HSPS with up to three(3) personnel. B. Garver, through a subconsultant, will perform field testing on the existing Pump No_ 4 Motor Control Center(MCC) and associated starter. Results and recommendations will be included in the Preliminary design TM_ C. Garver will develop a Preliminary Design Technical Memorandum (TM) to document design criteria for the replacement of Pump No.4. The Preliminary Design TM will consist of the following items_ • Document existing site conditions and details of the existing Jasper HSPS_ Provide existing and proposed site layouts. • Garver will perform a hydraulic analysis for selection of the proposed pump to replace Pump No.4. • Document results of the visual electrical inspection and MCCfstarterfield testing. • Design criteria for the valve replacement(s) and discharge piping. • Develop Association forte Advancement of Cost Engineering (AACE)Class 3 opinion of probable construction cost(OPCC). D. Deliverables • Three(3)copies and a digital copy in PDF format of the Preliminary Design TM. • AACE Class 3 OPCC E. Attend one(1)virtual workshop with the CITY to receive comments on the Preliminary Design TM. Incorporate comments from the workshop into final Preliminary Design TM. 4. TASK 4—DETAILED DESIGN The construction document;will be completed in three (3) design phase deliverables:60%, 90%, and Bid-Ready Documents. 4.1. 60%Design A. Prepare detailed design drawings to a 60% level and include the proposed improvements. The following is the estimated sheet list: • Cover sheet and index(Assume 1 sheet) • General notes, legend, abbreviations(Assume 3 sheets) ■ Jasper HSPS demolition plan (Assume 1 sheet) ■ Jasper HSPS improvements plans(Assume 5 sheets) a. Process mechanical sheets(2) b. Electrical(2) c_ Structural(1) ■ Standard details(Assume 1 sheet) Estimated total number of sheets_ 11 B. Prepare a specification index.No front-end specifications are included in this submittal. C. Prepare an estimate of construction quantities and develop an AACE Class 3 opinion of probable construction costs(OPCC). D. Deliverables Exhibit A-Scope of Services 2 of 6 20W06241 Wichita Falls Jasper HSPS Design GARVER The following will be submitted to the CITY: ■ Three (3)half size(11"x17") copies and a digital copy in PDF format of the 60% plans ■ Three (3)(8.5'x11')copies and a digital copy in PDF format of the 60%technical specifications table of contents. ■ AACE Class 3 OPCC_ E. Conduct a Workshop with the CITY pertaining to the CITY comments and design considerations of the deliverable_ 4.2. 90%Design A. Following approval of the 60% design plans, Garver will prepare 90%design plans for all sheets. B. Following approval of the 60% specifications, Garver will prepare 90% specifications. These specifications will include all technical specification and CITY front-end documents including general conditions,supplementary conditions, proposal forms, notice to bidders, bid forms, construction contract,and bond forms. C. Prepare an estimate of construction quantities and develop an AACE Class 2 OPCC. D. Deliverables The following will be submitted to the CITY: ■ Three (3)half size(11°x17')copies and a digital copy in PDF format of the Final Design(90%)plans ■ Three (8_5'x11')copies and a digital copy in PDF format of the 90% specifications. ■ AACE Class 2 OPCC E. Conduct a Workshop with the CITY pertaining to the CITY comments and design considerations of the deliverable. F. Coordinate submission to regulatory authority and address comments in Bid-Ready documents. 4.3. Bid-heady Design A. Following approval of the 90% design plans, Garver will prepare Bid-Ready design plans for all sheets. B. Following approval of the 90%specifications,Garver will prepare Bid-R eady specifications. These specifications will include all technical specification and CITY front-end documents including proposal forms, notice to bidders,bid forms, and bond forms_ C. Update the estimate of construction quantities and develop an AACE Class 1 OPCC. D. Deliverables The following will be submitted to the CITY: Exhibit A-Scope of Services 3 of 6 20W06241 Wichita Falls Jasper HSPS Design GARVER • Five(5)half size(11'x17')copies and a digital copy in PDF format of the Bid- Ready plans_ • Five(8_5°01")copies and a digital copy in PDF format of the Bid-Ready specifications. • AACE Class 1 OPCC 5. TASK 5—BIDDING SERVICES During the bidding phase of the Project,Garver will: A. Prepare and submit Advertisement for Bids to newspaper(s)for publication as directed by the Owner and CivCast_Owner will pay advertising costs outside of this contract. B. Support the contract documents by preparing addenda as appropriate. C. Participate in a pre-bid meeting if necessary. D. Attend the bid opening_ E. Prepare bid tabulation. F. Evaluate bids and recommend award. G. Prepare construction contracts. 6. TASK 6—CONSTRUCTION PHASE SERVICES During the construction phase of work,Garver will accomplish the following: A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting. B. Attend up to six (6) construction progress/coordination meetings with the CITYIContractor. Garver will prepare agenda and conduct progress meeting. Garver will maintain submittal log and provide submittal status log at monthly progress meeting. C. Evaluate and respond to up to twenty (20) construction material submittals and shop drawings_ Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications_ The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents_ The Contractor will be responsible for confirming and correlating all quantities and dimensions,selecting fabrication processes and techniques of construction,coordinating his work with that of all other trades, and performing his work in a safe and satisfactory manner_ Garver's review shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Contract Documents,either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents_ D. Issue instructions to the Contractor on behalf of the CITY and issue necessary clarifications (respond to up to three (3)RFIs) regarding the construction contract documents. E. Review the Contractor's progress payment requests based on the actual quantities of contract items completed and accepted, and will make a recommendation to the CITY regarding payment. Garver's recommendation for payment shall not be a representation that Garver has made exhaustive or continuous inspections to(1)check the quality or exact quantities of the Work; (2)to review billings from Subcontractors and material suppliers to substantiate the Contractor's right to payment; or(3)to ascertain how the Contractor has Exhibit A-Scope of Services 4 of 6 20W06241 Wichita Falls Jasper HSPS Design GARVER used money previously paid to the Contractor. F. Prepare and furnish record drawings based on contractor's red-line record drawings. G. Provide periodic construction observation services for the 300-calendar-day construction contract performance time. The proposed fee is based on approximately three(3)visits to the construction site during the 300-calendar-day construction contract performance time. If the construction time extends beyond the time established in this agreement or if the CITY wishes to increase the time or frequency of the observation,the CITY will pay Garver an additional fee agreed to by the CITY and Garver. H. When authorized by the CITY, prepare up to three (3) change orders for changes in the work from that originally provided for in the construction contract documents. If redesign or substantial engineering or surveying is required in the preparation of these change order documents, in excess of three(3)change orders, the CITY will pay Garver an additional fee to be agreed upon by the CITY and Garver. I. Participate in final project inspection and acceptance testing, prepare punch list, review final project closing documents, and submit final pay request The proposed fee for Construction Phase Services is based on a 300-calendar-day construction contract performance time. If the construction time extends beyond the time established in this agreement, and the CITY wants Garver to continue the applicable Construction Phase Services, the CITY will pay Garver an additional fee agreed to by the CITY and Garver. In performing construction observation services,Garver will endeavor to protect the CITY against defects and deficiencies in the work of the Contractor(s); but Garver cannot guarantee the performance of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor(s)takes or should take. However,if at any time during construction Garver observes that the Contractor's work does not comply with the construction contract documents, Garver will notify the Contractor of such non-compliance and instruct him to correct the deficiency andior stop work,as appropriate for the situation. Garver will also record the observance, the discussion, and the actions taken. If the Contractor continues without satisfactory corrective action, Garver will notify the CITY immediately, so that appropriate action under the CITY's contract with the Contractor can be taken. 7. TASK 7—HYDRAULIC MODEL UPDATE A. Garver will update the CITY's existing water distribution system hydraulic model with the Pump No. 4 replacement installed during this project. Any other model updates will be considered extra work. B_ Carver will update the Wichita Faits Water Distribution System Hydraar1ie Model tlpdrtes TM with the updated Jasper HSPS capacity and re-evaluate operational challenges for the following scenarios. ■ Normal winter day demand of 10 MOD. ■ Normal maximum day demand of 28 MGD. ▪ Emergency operations where only Jasper HSPS is supplying flow to the system during demands of 25 MOD. ▪ Emergency operations with only Jasper HSPS supplying flow to the system during demands of 15 MGD. Exhibit A-Scope of Services 5 of 6 20W06241 Wichita Falls Jasper HSPS Design GARVER B. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: A. Redesign for the CITY's convenience or due to changed conditions alter previous alternate direction and/or approval. B. Advertisement/bidding services in addition to those listed herein. C. Submittals or deliverables in addition to those listed herein. D. Design of any utilities relocation other those identified in this scope of work. E. Retaining walls or other significant structural design beyond that required for the improvements defined herein. F. Street lighting or other electrical design beyond that required for the improvements defined herein_ G. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). The construction contract documents will require the Contractor to prepare,maintain, and submit a SWPPP to the Texas Commission on Environmental Quality(TCEQ)_ H. Construction materials testing. I. Environmental Handling and Documentation,including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally)significant items. J. Coordination with FERIA and preparation/submittal of a CLOMR and/or LOMR. K. Services after construction, such as warranty follow-up, operations support, field testing, etc. L. Factory witness testing_ Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. 9. SCHEDULE Garver shall begin work under this Agreement within ten (1 D)days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Calendar Days Task 1 —Project Administration 14 days from Notice to Proceed (NTP) and ongoing Task 2—Survey 90 days from NTP Task 3—Preliminary design 45 days from Kickoff Meeting T_sl.4—Detailed Design 120 days from Task 2 or Task 3 comments —Bidding Services 60 days from Task 4 comments T=:4 . 6—Construction Phase 300 days from Contractor NTP Services Task 7—Hydraulic Model Update 30 days from approved pump submittal Exhibit A-Scope of Services 6 of 6 20W06241 Wichita Falls Jasper HSPS Design