Res 046-2001 5/1/2001RESOLUTION NO. WO
RESOLUTION TO APPROVE AN ENGINEERING SERVICES
CONTRACT WITH HDR ENGINEERING, INC. FOR THE EVALUATION
OF THE 24 -INCH AND 20 -INCH WATER MAIN SERVING SHEPPARD
AIR FORCE BASE; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls desires to evaluate and improve the
reliability of the potable water line serving Sheppard Air Force Base; and
WHEREAS, the City of Wichita Falls wishes to retain the engineering firm of
HDR Engineering, Inc. for the engineering services for this evaluation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The contract between HDR Engineering, Inc. for engineering
services for the evaluation of improving the reliability of the potable water delivery main
to Sheppard Air Force Base is hereby approved at a cost not to exceed $30,000.00.
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 1st day of May 2001.
ATTEST:
City Clerk
MAYOR
STATE OF TEXAS )(
COUNTY OF WICHITA )(
This contract, made and entered into as of the day of , 20_, 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 HDR
Engineering, Inc. (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 the evaluation of the 24 -inch and 20 -inch water
main serving Sheppard Air Force Base.; and,
WHEREAS, the firm of HDR Engineering, Inc. 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
A. The general scope of the project is to provide engineering services to study and
make recommendations for improving the reliability of potable water delivery to
Sheppard Air Foce Base. A detailed scope is included as Scope of Services.
B. The OWNER hereby retains the ENGINEER for all engineering services required
in connection with the said proposed project.
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.
Revisions to Drawings and Specifications
The ENGINEER shall make without expense to the OWNER such revisions to the
Report as may be required to meet the needs of the OWNER, but after the approval of
1
PAGE 3 OF 15 PAGES
AGENDA ITEM NO. 9.13
the Report 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 and OWNER shall indemnify, defend, and hold
harmless ENGINEER from such claims and damages arising from such reuse. 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 reports prepared under this contract will bear the ENGINEER's title and stamp
thereon.
IV.
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
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.
2
PAGE 4 OF 15 PAGES
AGENDA ITEM NO. 9.6
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.
V.
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 IV above.
VI.
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.
VII.
Assignment or Transfer of Interest
The ENGINEER shall not assign or transfer his interest in the contract without the
written consent of the OWNER.
3 PAGE 5 OF 15 PAGES
AGENDA ITEM NO. 93
VIII.
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.
IX.
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.
X.
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.
W
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.
4 PAGE 6 OF 15 PAGES
AGENDA ITEM NO. 93
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., 20
Corporation Secretary
ATTEST BY:
City Clerk
go
Official Title
CITY OF WICHITA FALLS
City Manager
5 PAGE 7 OF 15 PAGES
AGENDA ITEM NO. 9.6
City o1' Wichita Falls
Evaluation of 24 -Inch and 20 -Inch Water Main
Improving Reliability of Potable Water Delivery Service to Sheppard Air Force Base
SCOPE OF SERVICES
TASK l — COLLECT AND ANALYZE DATA
(1) Compile list of addition information required. Review the information required to begin the
hydraulic analysis. Compare this to data already collected and request from the City
additional data as available. Provide assistance in collecting data that is not readily available.
(2) Visit site and system review. Participate in one project - initiation meeting in conjunction with
a site visit to collect additional data and information as required.
TASK II — DEVELOP A HYDRAULIC MODEL OF TIE EXISTING SYSTEM
(1) Construct the hydraulic model. Enter the data collected in to the computer model and
reconcile results with actual system performance.
(2) Test the hydraulic model. Perform hydraulic analyses with the computer model for the
automated and manual valve operation modes. Compare results to data collected.
TASK III — EVALUATE THE NEED FOR ADDITIONAL DATA.
(1) Develop a list of additional data needed. Compile a list of additional data, that based on the
results of Task II, is needed to accurately model the system.
(2) Provide engineering services for the collection of additional data. This might include:
assistance in the location of additional pressure recording stations and operation testing
procedure development and oversight.
TASK IV — CALIBRATE TIE MODEL
(1) Update model input data. Incorporate additional data and tests results into the hydraulic
model.
(2) Calibrate Model. Compare predicted performance to actual results. Modify appropriate
model parameters to obtain an accurate representation of the actual system.
TASK V — OPTIMIZE TIm DELIVERY SYSTEM
(1) Develop model scenarios. Run the hydraulic model to determine the impact various
modifications to the system. Modifications to be considered included valve closure rate,
surge tank, pipe replacement (material), pressure reducing valve(s) installation, air release
valve installation, and valve replacement.
(2) Interpretation of model results. Provide engineering services to, (a) review hydraulic model
results, (b) make changes to improvement parameters, and (c) iterate 'W' and "b" to obtain
satisfactory results.
TASK VI — PRESENT RESULTS
(1)
(2)
(3)
(4)
(5)
Create draft report. Document background, findings, and recommendations in a technical
memorandum style report. The report will include pertinent tables, figures, and model run
output. The city will be provided with three (3) copies of the draft report for review.
Provide quality control review of results. Provide an independent, internal technical review
of the draft document. Incorporate reviewer comments.
Meetings - Participate in two meetings to discuss the findings and recommendations of the
engineering analysis.
Incorporate comments to the report. Address and incorporate draft report comments made by
the City. Addressing of comments does not include additional model runs.
Create and reproduce final report. Provide the City with three (3) copies of the final report.
6
PAGE 8 OF 15 PAGES
AGENDA ITEM NO. 93
EXHIBIT 1
COMPENSATION FOR PROFESSIONAL SERVICES
PERCENT OF CONSTRUCTION COST METHOD
Section 1 - Basis for Compensation
1.1 The Engineer shall be compensated for each task as listed on the attached
budget proposal. The Engineer shall be paid based on time and expenses for
each task The total fee, however, shall not exceed the maximum fee to be paid
under this contract.
Section 2 - Method of Payments
2.1 Payment shall be made to the CONSULTANT based upon the several tasks as
described heretofore and in accordance with the attached Scope of Services.
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
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.
2.3 The final payment to be made by the CITY to the CONSULTANT will be payable
upon submission of the Final Report.
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 $30,000.00 for all phases of
the work. This does not affect the fees payable for additional services under the
provisions of Appendix A.
PAGE 9 OF 15 PAGES
AGENDA ITEM NO. 93
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PAGE
ITEM NO. 9.B
AGENDA
I
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
according to the attached rate sheet. Non -labor expense and subcontract
expense shall be payable 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.
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.
3. Revising previously accepted studies, reports, design documents or
Contract Documents when such revisions are due to causes beyond
CONSULTANT's control.
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.
to
PAGE 12 OF 15 PAGES
AGENDA ITEM NO. 93
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.
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.
PAGE 13 OF 15 PAGES
AGENDA ITEM NO. 9.6
C. The basis of compensation through the Design Phase for all Field Alterations
that have been approved by the OWNER, shall be according to the attached rate
sheet 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 included when the CONSULTANT submits invoices
for the Construction Phase of the project.
D. For purposes of this appendix, the Principals of the consulting firm and their total
hourly charge will be as shown on the Rate Schedule attachment.
12 PAGE 14 OF 15 PAGES
AGENDA ITEM NO. 9.13
Role
Principal /QC
Project Manager
Civil Engineer
Designer /Drafter
Administration
Rate Schedule
13
Hourly Fee
$160
$130
$85
$85
$60
PAGE 15 OF 15 PAGES
AGENDA ITEM NO. 9.8
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