Res 005-2025 2025 Sanitary Sewer BUIP & Lift Station Rehab Corlett, Probst & Boyd, PLLC 01/21/2025 Resolution No. 05-2025
Resolution authorizing the City Manager to execute a professional
services agreement with Corlett, Probst& Boyd, PLLC. for engineering
services related to the 2025 Sanitary Sewer BUIP and Lift Station
Rehabilitation in the amount of $187,770.00
WHEREAS, the City of Wichita Falls owns, operates, and maintains the City's
sanitary sewer collection system; and,
WHEREAS, it is found that periodic improvements and replacements to the
sanitary sewer collection system are required in order to adequately maintain the system;
and,
WHEREAS, this action is made in part by and in compliance with the Texas
Professional Services Procurement Act; and,
WHEREAS, it is found that engineering services are required to design and
prepare the contract documents necessary to bid and select a contractor for the future
construction of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute a professional service agreement with
Corlett, Probst & Boyd, PLLC.in a form approved by the City Attorney for engineering
services for the 2025 Sanitary Sewer BUIP and Lift Station Rehabilitation in the amount
of $187,770.00.
PASSED AND APPROVED this the 21st day of January 2025.
MAYOR
ATTEST:
a/tA_ci DC
City Clerk
Professional Services Agreement between the City of Wichita Falls and
Corlett,Probst&Boyd,P.L.L.C.for Engineering Services for the
2025 Sanitary Sewer BUIP&Lift Station Rehabilitation
OWNER: The City of Wichita Falls;Attn:Director of Public Works,P.O.Box 1431,Wichita Falls,
Texas 76307
ENGINEER: Corlett,Probst and Boyd PLLC,4605 Old Jacksboro Highway,Wichita Falls,Texas.
76302
PROJECT: ENGINEER will prepare design plans, specifications, the bid documents, and provide
applicable construction administration and construction review for 2025 Sanitary Sewer BUIP and Lift
Station Rehabilitation Project that is generally described as the boring and casing of sanitary sewer pipe,
replacement of sanitary sewer pipe,lift station rehabilitation,and associated work.
TIMETABLE: ENGINEER shall complete the following tasks on or before the following dates,
assuming an executed Professional Services Agreement from the OWNER no later than February 1,
2025. If the delivery of a signed agreement is delayed,then each deadline in the timetable below will
be extended by an amount commensurate with the delay.
Task Date
1. Project Setup and Assessment 2.5 months(April 15,2025)
2. Preparation of Plans and Specifications 2.5 months(June 30,2025)
3. Bid Phase Services 1 month(August 5,2025)
4. Construction Phase Services thru construction completion date
The ENGINEER shall not be held responsible for failure to meet the aforementioned timetables in the
event that the cause of delay is not the fault of the ENGINEER or long review periods by the
OWNER. After each planned submission(30%,65%,and Final),comments will be returned to the
ENGINEER within 10 business days.
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$187,770,subject to completion of the following tasks:
Task Percentage of Project Amount
1. Project Setup and Assessment 35% $65,719.50
2. Preparation of Plans and Specifications 40% $75,108.00
3. Bid Phase Services 10% $18,777.00
4. Construction Phase Services 15% $28,165.50
2. Payment for Additional Services OWNER shall pay ENGINEER for Additional Services requested and
rendered as follows:
2.1.Payment for Additional Services of ENGINEER rendered under this contract shall be paid for at the
following rates'when supported by invoices:
Survey Crew(3-man2): $330.00/hr
Survey Crew(2-man2): $260.00/hr.
Principal Engineer/Surveyor $250.00/hr
Page 1
Engineer I $165.00/hr.
Engineer II $180.00/hr
Draftsman or CAD Technician: $110.00/hr.
Clerical: $95.00/hr.
Mileage(outside 50-mile radius of Wichita Falls): $0.68/mile
Third Party Services 3 Actual Cost plus 10%
Overnight expenses for personnel Actual Expenses plus 10%
Court Testimony,expert witness representation,preparation and related services are 1.5 times the above
rates.
Hourly rates listed above include all equipment such as computers and associated equipment,global
positioning equipment(GPS),robotic total station(RTS)equipment,along with all vehicles and fuel.All
chargeable survey crew time will commence when the survey crew leaves the headquarters of the Surveyor
and will terminate when the survey crew returns to the headquarters of the Surveyor.
1 These rates are for normal workdays&work hours and do not include weekends or holidays. Rates are
subject to reevaluation each January 1st.
2 Corlett,Probst and Boyd PLLC reserves the right to choose which survey crew will be utilized for any
particular job.
TThird party services could include such items as geotech or laboratory and testing services,title company
charges,purchase,and installation of special monumentation,special plotting or color reproductions,etc.
2.2. Expenses for Additional Services,ENGINEER shall be compensated at the actual cost to ENGINEER 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:ENGINEER may submit periodic(no sooner than monthly)statements for Basic and
Additional Services rendered.For Basic Services,the statements will be based upon ENGINEER'S estimate
of the proportion of the total services completed at the time of billing. OWNER shall make prompt monthly
payments in response to ENGINEER'S monthly statements. Upon conclusion of each phase 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,
ENGINEER may, after giving I0 days'written notice to OWNER, suspend services under this Agreement
until the ENGINEER has been paid in full all amounts due for services and expenses.
OWNER'S REPRESENTATIVE: Russell Schreiber,P.E.,Director of Public Works,City of Wichita Falls
BASIC SERVICES: ENGINEER shall complete the following professional services as Basic Services,which
shall include customary incidental professional services:
1. Project Setup and Assessment. ENGINEER shall:
1.1 Attend a project kick off meeting with City staff to discuss project budget,scope,and timeline.
ENGINEER will perform field work of proposed project locations and site visits
Page 2
1.2 ENGINEER will review sanitary sewer systems,analyze lift stations,and review the Sanitary
Sewer Master Plan for project locations.
1.3 ENGINEER will provide recommendations for repairs and an estimated construction cost of each to the
OWNER for determination of project locations.
2. Preparation of Plans and Specifications. ENGINEER shall:
2.1 Design the plans,specifications,and engineer's estimate. All surveyed field data collected will
be provided to the City in AutoCAD format. Prepare the bid package including plans and specifications
based on estimated construction cost and project locations previously determined. At all submissions,
three hardcopies and a PDF format will be submitted to the City for review. Project will be designed to
meet requirements of the Texas Administrative Code Title 30,Chapter 217. Plans will be prepared in the
North Central Texas State Plan Coordinate system and NAVD 1988.
2.2 Conceptual plans will be submitted at 30%to finalize project scope and budget. Consult and
meet with OWNER to clarify and define any desired changes to the plans and specifications and provide
recommendations on the alternate bid items for the Project.
2.3 Progress plans will be submitted at 65%. Consult and meet with OWNER to clarify and define
any desired changes to the plans and specifications.
2.4 Plans for bidding will be submitted as Final Plans(100%). Consult and meet with OWNER to
clarify and define any desired changes to the plans and specifications or adjustments to alternative bid
items or bid schedule.
2.5 OWNER'S review, comments, and acceptance will form the basis for completion of design
activities by the ENGINEER. Major changes in the plan and extent of the Project work as requested b
the OWNER following the Engineer's receipt of and completion of revisions related to the comments
from this design phase will be considered Additional Services.
3. Bid Phase Services. ENGINEER shall:
3.1 Furnish three physical copies and one digital copy of the plans,specifications and bid package.
Physical copies will be provided as II"X 17"size paper drawings and digital copies will be provided in
portable document format.Distribute copies of the plans and specifications to all interested contractors
upon request.
3.2 Attend a pre-bid conference with OWNER's representatives and interested bidders. Answer
contractor questions,visit the project locations with prospective bidders,prepare notes of this conference,
issue any addenda to the contract documents as required and maintain the record list of plan holders for
the Project.
3.3 Attend the bid opening and assist the OWNER, as necessary, to evaluate bids and exceptions
requested thereto. This will include the preparation of a tabulation of bids received,investigation of the
standing and reputation of the low bidder,submission of a letter of recommendation for contract award
to OWNER and attend a City Council meeting to answer questions about contract award.
4. Construction Phase Services.ENGINEER shall:
4.0 Prepare the construction set of plans and specifications by incorporating any addenda from the
bid phase.Furnish three physical copies and one digital copy of the final plans and specifications to the
OWNER and Contractor.Physical copies will be provided as 11"X 17"size paper drawings and digital
copies will be provided in portable document format.
Page 3
4.1 Attend a pre-construction conference with the representatives of the interested OWNER
departments, contractors, and subcontractors and prepare notes of the conference for. electronic
distribution to all attendees.
4.2 Review the contractors' work to verify that the construction work complies with the plans,
specifications, and other contract documents and will provide a functional completed product.
ENGINEER will perform submittal review, shop drawing review, and respond to RFIs (Request for
Information). ENGINEER shall bring deficiencies in the work to the OWNER's attention as they are
observed.
4.3 Consult and advise with the OWNER and prepare change orders as required.
4.4 ENGINEER shall make monthly on-site inspections, to check the quality and quantity of the
work being provided by the contractor and to ensure contract compliance and assist OWNER, as
necessary, to ensure the contractor complies with the contract documents. ENGINEER will prepare
monthly pay requests from work reports and verification of quantities from the OWNER and furnish any
necessary certifications as to payments to contractors and suppliers.
4.5 Perform,in company with the representative of the OWNER,a final inspection of the Project.
4.6 Revise the construction drawings to reflect any revisions included in construction records. The
Contractor and the OWNER'S Representative shall keep and provide to the ENGINEER a"red-lined"
set of construction drawings to indicate the revisions as constructed.
4.7 Furnish OWNER with one hardcopy and one PDF of"as-built"plans based on items provided in
item 4.6 above and submit the drawings electronically in AutoCAD format to OWNER's staff.This does
not include additional field data acquisition,which would be considered Additional Services and can be
provided to the OWNER with written request.
4.8 Obtain from the construction contractor and deliver to the OWNER all manufacturer's warranties
or bonds on materials and equipment incorporated in the Project for which such warranties or bonds were
requested by the specifications.
4.9 Obtain from the construction contractor and deliver to the OWNER,operations and maintenance
(O&M)documents on equipment incorporated in the Project for which such documents were requested
by the specifications. O&M documents are to be bound into volumes and are to be fully indexed and
tabbed.All sheets will be folded to not larger than 8.5"x 11"size.
4.10 Develop, at the request of OWNER, any changes, alterations, or modifications to the Project,
which appear to be advisable and feasible,and in the best interest of the OWNER,except to the extent
that those changes or modifications fall under the description of Additional Services as defined in this
agreement.
GENERAL CONDITIONS:
1. Termination—OWNER may terminate this Agreement upon 10 days written notice to ENGINEER 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,ENGINEER 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
ENGINEER under this agreement shall become the property of the OWNER and shall be delivered to OWNER without
Page 4
restriction on future use. OWNER's re-use of documents on future projects will be at the sole risk of OWNER.
ENGINEER may make copies of any and all documents for its files and re-use information contained therein.
ENGINEER 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—ENGINEER 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 ENGINEER from employing independent ENGINEERS, associates, subcontractors, and
employees to assist it in 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 ENGINEER.
6. Independent Contractor--In performing services under this agreement, the relationship between OWNER and
ENGINEER is that of independent contractor,and OWNER and ENGINEER by the execution of this Agreement do not
change the independent contractor status of ENGINEER. No term or provision of this agreement or act of ENGINEER
in the performance of this Agreement shall be construed as making ENGINEER or any agent,servant or employee of
ENGINEER the agent,servant or employee of OWNER.
7. Indemnity--ENGINEER 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 ENGINEER or any of
ENGINEER'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 ENGINEER isprohibited from indemnifying a governmental entity pursuant to Tex.Local
Gov't Code S 271.904 or other law.
8.Governmental Function Clause--All parties agree that this contract is one that pertains solely to a governmental
function taken by or on behalf of the City of Wichita Falls.All parties expressly agree that the City is not engaging in
any propriety functions.
9.Contractual Damages Limitation Clause--All parties agree that damages in this contract are limited only to choose
authorized under Texas Local Government Code Section 271.153. Specifically, the OWNER is not liable for
consequential damages or exemplary damages.
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,§271.1 53(a)(3)provides that the total amount of money
awarded in an adjudication brought against a governmental 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,being over the age of eighteen(18)years and in my official capacity representing an entity that is a
party to this contract with the City of Wichita Falls,hereby swear and verify under oath that:
1. Entity does not boycott Israel;and
2. Entity will not boycott Israel during the term of this contract.
3. Is not currently listed on the State of Te omptroller' C' .,anies that Boycott Israel List
located at https://comptroller.texas.gov/pur asin publicaf s/d' estment,php.
Signature
12.Venue.Venue shall reside exclusively in Wichita County,Texas.
Page 5
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 ENGIN" R: orlett P 1 b :nd Bo d PLLC
James McKechnie,Interim City Manager Devin G Smith,Owner"
7- 444
(seal) (seal) e c F4t.
.
mot
ATTEST: A I'I'hST: qtb
City Clerk Signature °.an Liu l.1'to."
Let ?ja�ke.S 1 Alaa��V
FORM APPROVED: Printed Name&Title }
City Attorney
Page 6