Res 131-2013 11/19/2013 RESOLUTION NO. 131-2013
Resolution Authorizing The City Manager To Execute A Professional
Service Agreement With Biggs & Mathews, Inc. For Design And
Construction Engineering Services For The Northside Wastewater
Treatment Plant Effluent Reuse Conveyance Facilities Project In An
Amount Of $124,275.00
WHEREAS, City staff and private industry have evaluated reuse options for the
reuse of treated effluent from the Northside Wastewater Treatment Plant that would
displace potable water consumption, and determined that PPG is a viable user of said
wastewater; and
WHEREAS, Biggs and Mathews, Inc. has been involved in the temporary reuse
project, and is capable of completing the design and construction administration of the
Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities 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 the attached Professional Services
Agreement with Biggs & Mathews, Inc. for the design and construction administration
of the Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities
Project, in an amount of $124,275.00, with changes as approved by the City Attorney.
PASSED AND APPROVED this the 19t" day of November, 2013.
rs-&� fi2j4"m'
MAYOR
ATTEST:
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y
Professional Services Agreement between the City of Wichita Falls and
Biggs&Mathews,Inc.for.Engineering Services for the
Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities
OWNER: The City of Wichita Falls;Attn:Director of Public Works,P.O.Box 1431,Wichita Falls,Texas 76307
ENGINEER: Biggs&Mathews,Inc.;2500 Brook Avenue,Wichita Falls,TX 76301
PROJECT; ENGINEER shall prepare conceptual design memorandum,construction plans,specifications,cast estimate,and
bid documents for the Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities. The purpose of these
facilities is to convey Northside Wastewater Treatment Plant Effluent to PPG.
OWNER'S REPRESENTATIVE: Russell Schreiber,P.E.,Director of Public Works,City of Wichita Falls
TIMETABLE: ENGINEER shall complete the following tasks on or before the times shown subsequent to the award and
execution of this Professional Services Agreement:
1.Conceptual Design Memorandum—30 Calendar Days frorn Notice to Proceed
2.Completion of Preliminary Plans&Specifications(75%)—60 Calendar Days from Approval of Conceptual Design
3.Completion of Preliminary Plans&Specifications(95%)—30 Calendar Days from Receipt of OWNER Review Comments
4.Completion of Final Plans&Specifications—15 Calendar Days from Receipt of OWNER Final Review Comments
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 ENGIIVEER or the ENGINEER'S subcontractors. The amount of time specified may be
amended at any time subject to mutual agreement between OWNER AND ENGINEER.
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$124,275 subject to completion of the following phases:
Task/Phase Amount
1.Conceptual Design Memorandum $15,125
2.Preliminary Design Plans&Specifications(75%Design) $65,875
3.Preliminary Design Plans&Specifications(95%Design) $17,650
4.Final.Design Plans&Specifications $6,375
5.General Construction Administration $ 19,250
Total Contract Amount $124,275
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 hourly
rate when supported by invoices.
Principal Engineer $150
Licensed Surveyor $150
Landscape Architect $130
Staff Engineer $125
Engineer Technician $65
Administrative Assistant $60
Survey Crew $150
Mileage Expense(outside 20 mile radius of Wichita Falls) $0.501mile
Overnight Expenseiperson Actual Expenses
Materials Expense Actual Expenses
2013-126 Page 1-6
2.2.For 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 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 actually
completed at the time of billing. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly
statements. Upon conclusion of each tasklphase of Basic Services,OWNER shall pay such additional amount,if any,as
may be necessary to bring total compensation paid on account of such tasklphase to the 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 notpaid within
H days of the date of the invoice,calculated from the date of the invoice. In addition,ENGINEER may,after giving 10
days written notice to OWNER,suspend services under this Agreement until the ENGINEER has been paid in full all
amounts due for services and expense•.
SERVICES OF ENGINEER--ENGINEER shallperformprofessional engineering services as hereinafter stated which include
customary incidental engineering services:
1.Conceptual Design Memorandum. ENGINEER shall:
1.1.Consult with OWNER to clearly define OWNER's requirements for the Project.
1.2.Obtain and review any data collected by the OWNER needed to complete the Conceptual Designvlemorandum
1.3.Collect and review field data needed to complete the Conceptual Design Memorandum.
1.4.Provide conceptual design options(i.e.,location of facilities,pipeline size&alignment,methodof operation,etc.)and
recommendations.
2.Preliminary Plans&Specifications. ENGINEER shall-
1 L'Utilize approved Conceptual Design Memorandum to prepare plans and specifications for the construction of the
Northside Wastewater Treatment Plant Effluent Reuse Conveyance Facilities.
2.2.Attend meetings as deemed necessary with OWNER'S REPRESENTATIVE or OWNER'S staff.
2.3.Provide structured reviews for OWNER'S staff at 75%design completion to discuss preliminary working plans and at
95%design completion to discuss final plans.
2.4. Furnish,when necessary, all data required by OWNER for the development of any applications or supporting
documents for state or federal government pertnits to be prepared by OWNER,provided that such data shall not extend
beyond that actually developed in the performance of other provisions of this contract.ENGINEER shall also coordinate
with and/or seek approval of federal,state,and local authorities for conceptand design of this project. Such coordination
or approval will be accomplished prior to bidding and,if necessary,prior to design completion.
2.5.Prepare documents to comprise the contract for construction of the Project(hereinafter the"Contract")forreview and
approval by OWNER'S REPRESENTATIVE,including agreement forms,general,special and supplementary conditions,
bidding documents,and other related documents,in a formsufficient for OWNER to advertise forbids-ENGINEER shall
use forms provided by OWNER where applicable.
2.6.Furnishto OWNER'S REPRESENTATIVE assistance in the preparation of required documents so that OWNER may
apply for permits/approvals of entities(TxDOT&Railroad)having jurisdiction over the Project,and assistance in
negotiations with appropriate authorities.
20 0-126 Page 2-6
2,7.Perform any additional field investigations as necessary to collect information needed to complete design of the Project
including any field survey utilizing a unified coordinate system and vertical datum identical to that used by the latest
topographical and aerial imagery data provided by the OWNER
3.Final Design Plans&Specifications. ENGINEER shall;
3.1.Revise preliminary plans&specifications as required for approval by the OWNER.
3.2.Provide Final Plans&Specifications to OWNER.
4.Construction Administration Phase. ENGINEER shall;
4.1.Attend a pre-construction conference with the representatives of the interested OWNER departments,contractors,and
subcontractors.
4.2. Review the contractors' work to verify that the construction work is in general conformance with the plans,
specifications,and other contract documents,andwill provide a functional completed product.ENGUV=shall make such
on-site inspections as are necessary,and at such frequencyas necessary,to check the quality and quantity of the workbeing
provided by the contractor,and to ensure contract compliance. ENGINEER shall bring deficiencies in the work to the
OWNER's attention as they are observed. For clarification,it is not the intent ofthis section for the ENGINEER to furnish.
full-time inspection on this project,but only to make periodic site visits to ascertain that the work is being performed in
general compliance with the plans and specifications.
4.3.Consult and advise with the OWNER and preparing routine change orders as required.
4.4.Prepare monthly and final estimates for payments to contractors and finishing any necessary certifications as to
payments to contractors and suppliers.
4.5.Obtain from the construction contractor and deliver to the OWNER all manufacturer's warrauties orbonds on materials
and equipment incorporated in the Project for which such warranties or bonds were requested by the specifications.
4.6.Obtainfrom the construction contractor and deliver to the OWNER,operations and maintenance{0&K documents on
equipment incorporated in the Project for which such documents were requested by the specifications.
4.7.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—
5.Additional Services,
5.1 General--If authorized in writing by OWNER,ENGINEER shall furnish or obtain from others Additional Services of
the following types. To the extent these additional services are not included in the Basic Services,they will be paid for by
the OWNER as indicated in the PAYMENT section of this contract.
5.l.1.Application or permit fees associated with applications for governmental grants,loans or advances in connection
with the Project,preparation or review of environmental assessments and impact statements;review of the effect on the
Project of any such environmental statements and documents prepared by others;and assistance in obtaining approvals
of authorities having jurisdiction over the anticipated environmental impact of the Project.
5.1.2.Services to make detailed investigation of existing conditions or facilities,or to verify the accuracy of drawings
or other information furnished by OWNER,except as necessary for the proper design and construction of the Project.
5.1.3.Services resulting from significant changes in extent of the Project,including,but not lin.ited to,changes in size,
complexity,OWNER'S schedule,or character of construction;and revising previously accepted studies,reports,design
documents or Contract Documents when such revisions are due to causes beyond ENGINEER'S control.
5.1.4.Providing renderings or models for OWNER`S use.
2013-126 Page 3-6
5.1.5.Preparation of any special reports required for marketing of bonds.
5.1.5.Furnishing soil and foundation tests and borings.
5.1.7.Right-of-way and/or easement surveys,platting services,title searches,and related office calculations,
5.13.Furnishing reports and maps to establish or revise flood plain boundaries in a format acceptable to FEMA or
conduct any hydraulic or hydrologic modeling and/or analysis beyond which is integral to the design of the Project.
519.Providing detailed mill,shop and/or laboratory inspection of materials or equipment.
5.1.10.Investigations involving detailed consideration of operation and maintenance expenses; the preparation of
feasibility studies and appraisals;and assistance in obtaining frtanoing for the Project.
5.1.t 1.Furnishing the services of special consultants for purposes other than the normal engineering incidental to the
Project,when OWNER authorizes ENGINEER to provide such data or services in lieu of OWNER famishing them..
For the purposes of this Contract,services of a special consultant will be allowed only when the need is confirmed by
the OWNER'S REPRESENTATIVE,
5.1.12.Permit,application,and/or insurance fees associated with applying forpermits from all entities or governmental
authorities having jurisdiction over the Project as may be necessary for completion of the Project.
5.1.13,Services resulting from the award of more than two prime contracts for construction,materials,equipment or
services for the Project,and services resulting from the arranging forperformance by persons other than the Contractor
and administering OWNER`S contracts for such services.
5.1.14.Services during out-of-town travel required of ENGINEER other than visits to the site as required.
5.1.15.Additional or extended services during construction made necessary by(1)work damaged by fire or other
cause during construction,(2)a sign&ant amount of defective or neglected work of Contractor,(3)prolongation of
the contract time of the Contract by more than sixty days,(4)acceleration of the nroaress schedule involving services
beyond normal working hours,and/or(5)default by Contractor. V ✓
5.1.16.Services after completion of the Construction Phase,such as inspections during any guaranteeperiod called for
in the Contract.
5.1.17.Serving as a consultaut or witness forOWNER in any litigation,public hearing or other legal or administrative
proceeding involving the Project.
5.2.Whenever the need for any Additional Services described herein results from any negligence,mistake,oversight or
other fault on the part of ENGINEER,the cost of these services shall be deemed to be included in OWNER'S payments to
ENGINEER for Buie Services.Any such Additional Services not performed by ENGINEER that would otherwise be paid
separately by OWNER shall be paid for by ENGINEER.
6.Construction Cost and Opinions of Cost
6.1.Construction Cost--The construction cost of the Project means the total cost of the Project to OWNER,but it does not
include ENGINEER'S compensation and expenses,the cost of land,rights-of-way,or compensation for or damages to
properties,nor does it include OWNER'S legal,accounting,insurance counseling or auditing services,or laboratory of
testing services,or interest and fmancing charges incurred in connection with the Project.
6.2,Opinions of Cost--ENGINEER'S opinions of probable Project Cost and Construction Cost represent its bestjudgment
as a professional engineering firm, familiar with the construction industry,but ENGINEER does not guarantee that
proposals,bids or actual Project or Construction Cost will not vary from its opinions of probable cost
2013-126 Page 4-6
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 spooled 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 comp ensationfor eachphase of the work satisfactorily completed and
accepted plus an amount corresponding to the percentage ofwork 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 restriction for
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 reuse information contained therein. ENGINEER will maintain project
records for three years after the OWNER has made final payment to the contractor and aft 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 ofthe
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 fromemploying independent consultants,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
G. 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 orprovision 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 a, es to release,defend,indemnify,and hold the OWNER whole and harmless aminst env
and all claims suits and actions for damages,costs,and ex ensw to persons gr prop=that mgy arise out of,or be
occasioned by or from gay ne li ent act error or omission of ENGINEER or M officer agent,servant,employee or
subcontractor of ENGINEER in the execution or performance of this contract. In the event of notice of a elaim to which
this indemnity might apply, so much of the moM due the ENGINEER under this contract as shall be reasonably
considered necessary by the QMER mU be retained for the uw of the OWNER,until all suits actions and claims shall
have been settled and satisfactory evidence tu that effect furnished the OWNER.The ENGINEER further agrees to release
defend indemnify,and hold harmless the OWNER and the OWNER's officers,amt.and Mloym from liabili foran
claims of injuries or damage made by or on behalf of ENGINEER or any of ENGINEER's officers,agents,Qr Wplo ees
multing from the performance or atteMpted perfqrmance of this contract re Bless of whether the iniury or damageJ5.
caused in whole r in=by an acts or omissions of QWNER or any hidden or gomnt conditionofproperty owned or
controlled by the OWNER.This indemnity shall not apply to any,claim to the extent to which ENGINEER is prohibited
from indemnifyin>r a"vemmental entity pursuant to Tex.Local Gov't CQd_e_§271.944 or other law.
2D13-126 Page 5-6
This agreement and said attachments may only be amended,supplemented,modified or canceled by a duly executed written
instrument
EXECUTED,this the day of 2013,
OWNER: City of Wichita Falls,Texas ENGMER: Biggs&Mathev s,Inc.
Darron Leiker,City Manager Kerry D.Veoney',P.E.,President •
(seat) (sea)
ATTEST: ATTEST:
Tracy Norr,City Clerk Kerry 1%J6ney,Jr-P.E-,We-5—resident
FORM APPROVED;
Wes Risley,City Attomey
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