Res 074-2013 7/16/2013RESOLUTION NO. 74 -2013
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Corlett Probst & Boyd P.L.L.C. For
Surveying And Engineering Services For The Permanent Reuse
Pipeline From The Wichita Falls Business Park To Lake Arrowhead, In
The Amount Of $595,375 For Basic Services
WHEREAS, the City of Wichita Falls has evaluated Permanent Reuse options
for its River Road Wastewater Treatment Plant Effluent and determined that the most
economical and feasible alternative that is likely to be permitted by the Texas
Commission on Environmental Quality is to discharge the effluent into Lake Arrowhead
via a water reuse pipeline (Reuse Pipeline) from the Wichita Falls Business Park to
Lake Arrowhead;
WHEREAS, Corlett, Probst & Boyd P.L.L.C., an engineering firm capable of
completing the survey, document preparation, and design for the Reuse Pipeline, has
been involved in the reuse project since its inception in 1999 and worked to complete
the Reuse Feasibility Study in March 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached Professional Services
Agreement with Corlett Probst & Boyd P.L.L.C. for surveying and engineering services
for the permanent water reuse pipeline from the Wichita Falls Business Park to Lake
Arrowhead, in the amount of $595,375 for Basic Services, with changes as approved by
the City Attorney.
PASSED AND APPROVED this the 16th day of July, 2013.
MAYOR
ATTEST:
Acting City Clerk
Professional Services Agreammi between the City of Wtehita Falb and
Corlett, Probst & Boyd, PJLL.C. for En&eerhg Services for the
Reuse Trumrnission Line from the Wichita Falls Business stark to Lake Arrowhcad
OWNER: The City of Widtim Falls; Am: Director of Public Works, P.O. Box 1411, Wichita Falls, Texas 76307
ENGI EM. Carted, Probst & Boyd, P.L.L.C., Wichita Falls. Tcxas.
PROJECT: ENG'lINKER will pr-pare plans, spodfieelietts amd bid doetsimints for the Reuse Traruunia on Line item
the Wichita Balls Butfttt n Park to Lake Arrowhead And provide surveying services n-oessary to obtain oaomm ets
from hsnderrners and for engineering design purposes. Prepare plans red specifll'cndons for ontfail diffuser at the
new dbtk&Me point In Lake ArrewheaL
TDARTABM EN004M obeli complete rho following tosks on or before the ioMywmig dattx:
1. Survey for lnkial Alfanarent, Easement Plat preparation and deliver plats Febrttny :LZN4
(depeadwtt upon sbtski tj landowner sutvay%g ponlitission)
2. Cos pladen of 1Val plaaa, specillca lemm4 and cut estimates July 1, 3014
The ENGINEER shall eat be held r capon kle for faihtte to meet the of xemeotioned tm ew0bles io the evtat that the cause
of delay is not the fialt of the ENGINEER or the ENGINEER'S submatr MO,
PAYMBNT:
I. Pavm-■t for Basic Swvkws. OWNER agate to pay the following amounts for Basic Services rendered pumpant
to this acurtnut, a total mummi not to exroed $993375.08, subject to completion of fire fAlowmg pbasw.
Phan
Swvtrying.
1. Utiel Alit mms t Survey mad Eesemesa Plats
2. Survey for P4m]ma design
Total
E"ginmeriag:
1. Evalaatim and Polimim ry Design
I Final Desert Plans ad Specifications
3. CaRobuctiom Administm ian
Total
Pevewsge of Project Amount
548,000
$55,000
5103.000
$73,125
$341,250
$78,000
5492,395
2. Payment far Additional. Serview OWNM /hell pay EA10DEM fdr Additional Servioes neg4omW sad nw dered n
fogovm-
2.1. PaQynmt far Additional Serve m of Engineer tendered uadrr this oomawAahall be paid for at the following rase when
aupperted by in�
Cer-
CAD Dmfisamm
S 150.00&r.
570.00 hr
Survey Cmw (3 man) S 135.001hr
Survey Claw (2 roan) S 120.00111r
GPS Egmk mom S50/hr
mileage Expeaae (outside 50 ndle radius of Wichita Falls) ...... i 0.505hnile
Actual cost of maudals requited Ear thejob and expenses shall ba charged at eost pkn 10%
Ovemigbt: ExpeowAl — Ad ng Expenses
2.2 For e:pe nsm for Addirioattl Savkme, ENC,II M dM be compai Mod at &e wheal coat to ENGINEER based oa
rare-- rdmaced above ores previously agmill upon in writing. Whet - fiddpufim art: rased, taffies d ag mchrde cl>KW
for the we of any- pecial ksWunwate and e*9omen4 iadu marine equipmw4 and expwAabie ib wA such as t -slobs arhd
wonaasenta.
3.'ISrnea of Psymentn:
C MMM1PSAf err& WmmingknwetF�popeimmva "gwmmmdmVm@rogdemwdoe Part
3.1. Times of Payments—ENGINEER sited submit mombly statenxnts for Basic and Additions] Services mmderecL For
Basic Servi m, the mau>lrteees will be bmW upon EMGINEER'S estimate of the proportion of the total services acwally
completed at the time of brillkW OWNER shall take prompt ratmtldy psymests in response to ENGDW -ER'S monthly
sraneme nta. UPC* corrclasion of each Phase of Basic 5ervieet.OVVNER shall pay such additional atmoum, if&W, asmetybe
necessary to big foul coition paid on acaomt of such phase to the following p an7anmm of octal oompen intion
payable for ell phases of Basle Services:
3.3. Pan-dw Payments -43WNER agn ea to pay a elarge of K% per month on all iiw*k ed owed aeaoneus not paid wilhin
30 days of the dew of the invoke, calculated fmm the debt of the invoice. In addition, ENGINEER may. after giving 14
days written notice to OWNER, suspend services under this Agreftrim until the ENGMEEP, has been paid in Rill all
s mourn due for savisoes and autpu:nses.
OWNER'S RBFMENTATIVE, Raeedl 5chteiber. Di amor of Public Works, City of Wickita Fab
MRVICES OF ENGE4EXR -- ENGINEER shall paf mm pmfea kmol erglinaavng services as bmiamfix stated which include
customary incidental enginceriog services:
1. Prtffmkmry D+edPa Phase. ENGINEER shall:
1.1. Consult with OWNUaR to chm4 and define OWNER'S enquiements for the Project and review avadlable dues.
12. Collect field WbmatioaseededboeompietsdesigAaftheProj ect (wcakincktdedinSrrusyln&Ibm e 1 &2). Ragusa
surveying petmuissiion hom landowners along rouse and prepare piste for sesuma m aoquimu m fkom landowners based as
initial aligner[. Pcrfim m Geld surveying as needed for etngiaeering design of plpeHjw
1.3. Advise OWNER of the need to provide or obtain fin= odmm data or sdditimal mtm%icas6 and act as OWNER'S
represenmssive in oannecdoe with any such servioea acquired frtt *Chars.
I A- Pascals p vhm imq design documents ocrimmang of final design criteria, prdimiaay drawings and o dme
gw- fficsitiona. Prepare hydra he and tenement analysis of emtir a pipdm £nom River Road Wastmmser Treatment pleat
pump subon to Lake Arrowhead, preparing reociazaiendadom for smv oonaals and pips im apptrrte mm required to
pro= Bdpcimr-
1.5. Barged on the mfarmetion contained in thspr liminary design dnaamenes, submit a revised opinion ofpanbahle Project
Cost,
1.6. Fmm ish one copy of the above Pralimi ITY design docun,eaa and FCMVW then M pagans with OWNEICS
REPRESENTATIVE
L Mal Dwdp Phan. ENGINEER shall:-
2.1.On the base of the aaoepted pmlimbwy design docnmtmta and the revised opinion of probable Project Cosh prepartt
drawiup aatd apeeifieadom to slaw the chwacoar and exam of dw Prgi=t. ENGINEER will also advise OWNIEiCS
REPRESENTATM of saya*sonm a 10 the revised opinion ofpmbahls Project Cast caused by chsngm in dmProjea
and fimmk a final opinion of probable "m Cost based on the final dmviegs and specifications.
2.2. Attend tap m 3 meo*W a: deamed necessary vitro OWNER'S of daft.
23. Pnavids muctmad ravisom for OWNER'S staff at 30% dwi m ocmplaion b discuss ecaoept Plans, at 6S% design
eompledon to disah's preliminary wodtkC dmwmp, and at 95% design completian to disease final plane.
2A. Fnmisls. when ammery, all data r by OWNER far the devdopmeat of any applmdons or earpporting
doicuaamts for state or fubmil Smammemt permink 1partts, or pla vAng advance s, provided to each data shall c a moead
beyond disc acmally dewdopW in the pa *msa m of a6u provisions ofRtda contract ENGINEER shall also coar diostG
with aneitor seek approval of federal, tans, and local authorities for comp amid dea*m oaf this project Stich coordination
or approves] %W11 be s000mplehed prier w bird ft and. if necessary, prior w design oompkdom
t"'AWWa JU0x6meat andaegi - dmigmAm Ptkp2
2.4. Perberm any sdduiaml field invtsttpadoes required so eolkct information needed it the design of the Project_
2.5. Prepm docuamms to o wspriae the c onama for eonsumdon of the Project (hereimfier the ^Conumct') forreeviewand
approval byOWNERS REPRESENTATIVE, iechiding agreeernertt forum, gaiuml, special and supplementary caasditiom,
bidding docun c % mod other related domnen a, im a form sufficient for OWNER to advertise forbids_ ENGINEER shah
use forms provided by OWNER where applicable. Pipeline design ahall be betsed an relocanial pipe med in the
"Emergency Reuse Pipeline' from River Road Wmabmew Trmftmt Picot to Cypress Water Tre moment Plant.
2,6. Ftm aiab to OWNER'S REPRESENTATIVE assisunce in tie pnp wv iom of regnhrd docutamts so &KOWNERmary
apple for approvals of govemmedsl tmthoritk* hmvtm& jurisdiction over the Project, and ataissaatex in negotiations with
appnnpr. mudwsilies.
2.7. Perfortm any additional Field investigations as necamary to colk= ink metiom needed to complete design of the
Preajext.
21L Funiah ai least 10 phyakel copies of the above documenu sad review tbem in perm with the OWMKS
REPRESENTATIVE. Diatribm o:opm of are plmg and Wmificadons to all inttmmod ocntrwAm apon re gment.
2.9. Attend a pte-Wd eonfaeace with OWNMUs repnesenm vea &M icbmm tod biddms and assist OWNER m umemary. to
e vatuatts bide and cumptiooe rcgwxtcd therm.
3. C zmrucdm AduWstradea Phan& ENGDEER shell:
3.1. Attm d a pm- eownuction conference with dw nepresemiadv s of the inwre ne d OWNER deparmxrAs.von t acs mand
sui .. - kabors.
32. Review the c n - h aCtaas' wmi b verify that air camstrocdom work complies with Atc plmt4 specifications, and outer
comusiut dmummcnu, and will provide a f=doml oom*tW ymadtxL EMMMsha make wick on-ate Inspecum as
are may, and art sad► fie+queeW as neoemary, to dmmk the: qudKy and quantity of the work being p mwidW by tfts
oonmwtx. and to ansure contract oaaatpllanae. ENGINEER sh*ll bring deficimaies in the work so the OWNER's atpeetioe
as they are observed.
33. C.omuU and advise with the OWNER and preparing routine change enders m mqube&
3.4. Prepare mo„ashfy and final eatimms for payments to conhacm and fishing miy no msuy oertinfie ations as to
psymmts to eonnactore and sappflem
3.5. Perfmm, in canpamy with the mpmaentadve of the OWNER, a Anal impaction of the Project,
3.6. Revise the cousinmiam drawings to refiwA any revi lom included in constmadom record.
3.7. F rmah OWNER with two ads of `wbuile' plans and submit the dmwmp ekatrotdc"y to OWNER's staff:
3.8. Obtain f m< the coneftu tim caumtor and deliver to &a OWNER all ms's warranties or bolls oa rbtrber' la
amd equipma a hxogxvAed in tie Preljeet for wNch sack vrarmfics or I an were regnaidd by On spea6atiom
3.9. Obtain from tie oomtruction commm beranddeliretutheOWNElt.gx=dooa tadmain=amee (OAM) dacmm non
equipment imomporsted in dn Pt wt for which such docuaoenaa wane mquame d by the spoeifiamioaL O&M dootcwreul: are
to be botgld ituo volumes no more clan 3" Qtielc and are to be fully indexed and tabbed All siesta will be folded to not
huger rim 11.5"x11'° aiae
3.10. Develop. at the nxpum of OWNER, acne chmgms aftmations or modifiatkas to the Project, wbkb appeatr so be
advisable maid her ble, and in the bm rota i of the OWNER.
4. AdMdmal Servie m
4.1 General. Ifam&m rood m writing by OWNER, ENGIIYEU aball fumidt or obuin from otlm MdWoaal Servi m of
the foIlawimgtype`. To tie --td mm additional services are not iadaded in tic Basic Servioes, dwy will be paid for by
: M IWOMMA 6x @a*mttbs'Jtnviow Raw pipduu swvw&g ea yk= and mauwrigpdiVLdna hip 3
the OWNER as utditated in the PAYMENT watiion of thm cataract.
4.1.1. Preparation of applicatioms for goovemmmul grants, loans or advances in connection with the Project;
preparation or review afenviro meetal assessments and knpact sw manta; review of the efioct on the PnD*t ofany
such environmental statemartta and docameots prepared by others; and aariatsace in obtaining approvals afmhoritiea
having jurisdiction over the mucipeted environmeaul unpact of the Proje a.
4.1.2. Services totwke detailed isvestip ionofexist conditionsorfacilidea ,orto verify the socaracyofdrewinp
or otter infarmatk m fmvblted by OWNER, except ss necessary far the proper design and constr wdon of tie Ptujeet.
4.1.3. Services rcmAiiag f1amaigafdicant changes in extotof the Pr¢yeat, including, butnot 11"ied to,dmregresinsin,
complexity, OWNER'S scbedr K or Charictuckomirmbom. and rs wW&prevmsly eacepted studies, repa re design
documents tar Cbutract Documents when work revisions ate due to causes beyond ENGINEER'S omttrol.
4.14. Providing renderings or models far OWNER'S hose.
4.1.5. Preparation of am special resorts required Rw maricetinQ of bdads.
4.1.6. Furnishing soil and frnnrdrtion testa sad borings,
4.1.7. Furnishf relmo and neaps to establish or revlme flood plain botkaWas is a for" soceptable w FEMA.
4.1.6. Pmviding detedlod milk whop andlor lehoratM inspection of maNdah or equipment.
4.1.9. Iovastigations iavolving dmiled consideration of operation and araintautoce expenses; the preparation of
feamWity studies tend appraisals; end waist moot in obtaining fineocind for the Project.
4.1.1 Q. Famisi ft the stm ae` of tpecid consultants for parpos m other than dre normal engineering iroidcmW to the
Pm%9=% sad ptavidingdataoraery moftbetypesdeacrtbedaparagraph3 .2 when OWNER sutirorlaeaEN`G NEFR
to provide shish daft or services in liea of OWNER fiunishing these. For the proposes- of this Conuact, services of s
special omolum will be allowed enly when the need is c mEitmed by the OWNER'S R WESEhT1'ATWE.
4.1.11. Applying forpcanita fmcnall gatrommental andw itlet havi jurisdicdnnover dw Predectand AwnW mg swh
approvals and comma from others as >tay be necessary for completion of the Project.
4.1.12. Services seaulting Bam the award of'mdre dm one prime eanaact has onow otion, mcbm ism. equipowt or
st VKCIa far fi* Prajeot, and menders resulting, feama do arranging for par6unowe by p ersomaatim thew the Contractor
and admirrumimg OWNER'S contrasts for uxb services.
4.1.13. Services in connection wlifh chomp orders to refleet changes negoeasod by OWNER ift o ravishing eabaogein
weapensatiom fix8nio Services is noteomm rumen with tea changein eetvieea seedered; servdcenaiherfie awardof
the Comrsainevaleafts"tudofuproposedby the Contractor which mgWm atlweivtrevimwtoD=wmpamd
Spooifacadons; and se viocs resulting from sdW6csnt dcl,ys, changes or priors incream ocomrag as a rum of
material, egnipmed or energy shorttages.
4.1.14. Scrvk= damns om- of-wvw travel required of EIGD4M oaks than visits to the site asr rcquirw by 5actian 1.
4.1.15. Ad3tiooa1 or extended swvW% during oansUvadoe trade necessary by (1) work damapd by fire or offer
aaase during eom rsedosa (2) a significant aroma e f defective or aegleesed We & of Contactor, (3) proloo tiod of
the aonaact time of the Cont rsct by trigs data sixty slays. (4) acceleration of doe progress whedmic mwdving mervicea
beyond normal working boars, a xVw (5) default by Contractor.
4.1.16. Services dkroompletionoft1wCa® hnctiooPhaae, such makgxictiooa during soygummet eperiodplledior
in the C'nnbmoL
4.1.17. Serving at a conmdhwtor wIftxw for OWNER in an litigatim public hawing orother lo;ai erraehn�atrve
protwdiag involving tea Pwiew atrept as agreed to and Hems Services.
C:ada111�AYSA br �nava�iarRaorepipoita awvep�ietaseruiror mdad�a � 4
41. Whenever the need for any Additional Services, described herein results from say negligence, miaralte, overs%M or
other fault on the part of ENGINEER, the oast of these services shall be deemed to be included in OWNER'S payments to
ENGINEER for Basic services. Any such Additional Services not pert armed byENGINEERd at would odheradwbe paid
separately by OWNER shall be paid for by ENGINEER.
S. Csawatxiat Coat and Opinions of Cost
5.1. Coaetructm Cost. The otmstrnedon cost of the Project means the total cost of the Project to OWNER, but it does not
include ENGEREER'S eampenswoo and expenses, the cost of land, Agha m f -way, or compmsadoo for or dsmagea to
properde s, nor does it irfvlude OWNER'S legd. occounting, imacmce counseling or anditag sci vicm or laboratory of
testing services, or W zrestt and financing chiarges incurred in owunction widf the Project_ Construction. Cost is one of the
items comprising Project Cost %Web is defiled in paragraph 1.2A.
5.2- Opinions OfCost, EMO1N R'S Opinions of probable Project CM and Constmotkni Cost repaeseas its beast jtadpm
as a professional engineering fuss, fatmliar with the ooratnsctioa Muster, but ENGINEER does not guarantee that
proposals, bids or actual Project or Construction Cost will not vary from its opinions of probable meat.
53. If At Construction Cast limit is established between OWNER aid ENGINEER, the following will apply:
$J. 1. The acceptance by OWNER of a revised opinim of probabk Project or Construction Coat in excess of the then
establielhed cost Hanna will cowdatte a rornspondiag rovisiion in the Cowtitictlon Cost lhzut.
53.2. ENGINEER will be psrnitsed bo dewmkine what materials, equipment, ananponent systam and types of
cortatrn - oa are to be Wkeded in the Drawings and 5pecifxxtioro and to mats reasonable atdustmem in dre extestof
tine Project to bring it within the cast limit.
533. If Eke OWNER does not solicit bids for tie Project within ale year aPoY completion of the Final Design Phase,
the aablidW Conskuca< m Cost hatit will na be binding on ENCIR EER. and ENOINEER's obli gatim w rods
Coatrae t Documents one time as necessary to bring the C naraWcak C b a widda des cast limit shall be subject to
4usuoad of treeest tishlteamttnarsaarae with any applicable dwW in the general level ofprices in the oattauu*on
industry betweat tine dace of oompleam of the Final Design Phase and the dace an which bids are sottght
53.4. ]film iowast boss. fide bid exceeds the efthliabed Conshucdcn Coat limit, EN GINTERahal, without addstiaml
oharge, modify the Contract Documents we time ass necessary to baibkg the Construction Cost vAddn the Dart lhrrit.
Subsequent modificatiaw by the ENGMEER shill be paid for as }additional Service&
C NERAL CONDR1OM:
1. Teranhudoas —OWNER amy tomato this Agmeoent upon 10 days writhes notice to FMIN[EER wilt the
un daiwanding dulall servloaa bei n performed under dds Ag eernau shall oeose upon Else dace specified in su¬im In
the avant of early lernamatios, tfi MMX shall invoice OWNER for all services oompiesed and shall be compensated m
as amount oonespondisg to the amount designated as corapcomtom fm each phew oftbewnrk=hafectot* compkftd and
accepted plats an amount correspoo69rg to the penoemu ge of work satbS csarily oompk*ed and submitted to Ow.reF for soy
pbaae partly r n plated on the eUvotive dose of tins termination.
L Ownerabip nit Mafabonsnca elf Domsmi n tt --All docannents said digital files pseperedandiaraeaemble d by ENO1NEER
under this agreement shalt become the property of the OWNER and gull be delivered to OWNER widwat restriction an
A msus EMS. OWNER's muse of doe mma on Wm Projem will be at the sole risk of Olt KM M40DREER entry melee
copies of any and all documents for its Bias and mum info awdon contained tbersia. MOG]N EER will maintain project
rtioordsfordmyearsoberdueOWNI Rhasmadefaalpaymeattothecontranovaodal todierpendmgmMSersarecbeed
and provide copies thereof to OWNER ifnquestel.
& Communing Lava --Mint agicrment is pa1`armable and is to be governed by &c law applicable is Witchisa Falls, Texas.
Sole vowe 6or aary action arising under this ap==Kw shall be in Wiclrits Ciounty, Texans.
4. Asigam oat oil C&aao et— ENGINEER &Lau not aniga, sabletar aaoskx any rigbt& uundrli or wanst m (mclu ing, but
without lmitabena. merits that may become decor manias that use due) d isAgr>> emtat without fife written consem ofd o
other. Unless; spe*Wwalhr shftd to the ocastrary in any written ooaseot w an assignment, uo atauitiama wig t icaae or
awSrasAaubna5w shr Fi�aead.g ttervics tare..r plpeioe,or.ayrag aaviCn.m m�oeedngaeidyLilm t'aPI 5
discharge the aratignor from any duty or responsibility under this Agreemenn. Nothing contained in this paragraph shall
prevent ENGINEER f vm employing independent consultants. axKociates st►bcontracims. and employees 1v w5i*1 it in the
perforrn we of servioes hereunder.
:.14 o Third-Party Beneficiark-sr- Ndhing herein shall be construed to give any rights or benefits to anyaw other then
OWNER and ENGINEER.
d. 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 runtraewr status of 1EM51NEER. No term or provision ofthis appecoacat or act ofENGINEER in
the performance of this Agtaemett shall be construed as making ENGINEER or any agent.. Servant or employee of
ENGINEER the agent servant or employee of OWNER.
Than alpeenenit and said attachments may only be amended, supplemented, awdified or canceled by a duty executed written
insbument.
EXECUTED, this the _th day of July, 20 13.
OWNEit; City of Wichita FaOs, Texas
Damon Ledter, City Manager
(seal)
ATTEST:
Lydia Oautw, City Clark
FORM APPROVED:
Miles Risky, City Attorney
ENGINEER: Carl rrbst do Boyd, PLLC
T. an Kisma. P.E.. Piftcr
ATTEST:
Dennis L. Probst„ P.E.. Partner
C.'wWddt AA nfor Engineering Ser vwts- Rem pipaim sucveymg srnxes and n20aew%dnip Oar. Page S