Res 006-2010 1/5/2010 RESOLUTION NO. (�(n-dDlC7
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Corlett, Probst & Boyd, P.L.L.0 For An
Additional Belt Press Installation At The River Road Wastewater
Treatment Plant, In An Estimated Total Amount Of $69,825
WHEREAS, the City of Wichita Falls desires to enter into an engineering
services contract for the preparation of plans and specifications for the Additional Belt
Press Installation at the River Road Wastewater Treatment Plant; and,
WHEREAS, Corlett, Probst & Boyd, P.L.L.C., is proposing to do this work for an
amount of $69,825.00.
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 Services Agreement
with Corlett, Probst & Boyd, P.L.L.C., for an Additional Belt Press Installation at the
River Road Wastewater Treatment Plant, for an estimated total amount of $69,825, in a
form to be approved by the City Attorney.
PASSED AND APPROVED this the 5th day of January, 2010.
MAYOR
ATTEST:
'ty Clerk
� W
Professional Services Agreement between the City of Wichita Falls and
Corlett, Probst & Boyd, P.L.L.C. for Engineering Services for the
Additional Belt Press Installation at the River Road Wastewater Treatment Plant Project
OWNER: T'he City of Wichita Falls; Attn: Director of Public Works, P.O. Box 1431, Wichita Falls, Texas 76307
ENGINEER: Corlett, Probst & Boyd, P.L.L.C. , Wichita Falls, Texas.
PROJECT: ENGINEER will prepare plans, specifications and bid documents for the Additional Belt Press Installation at
the River Road Wastewater Treatment Plant Dewatering Building
TIMETABLE: ENGINEER shall complete the following tasks on or before the following dates:
1. Completion of preliminary plans and associated cost estimates January 20, 2010
2. Completion of final plans, specifications, and cost estimates February 28, 2010
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 the ENGINEER'S subcontractors.
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 $69,825, subject to completion of the following phases:
Phase Percentage of Project Amount
1. Preliminary Design 5% $3,500
2. Final Design 75% $52,370
3. Construction Administration 20% $13,955
Total 100% $69,825
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 rate when
supported by invoices.
Engineer - Principal $115.00/hr.
Mileage Expense (outside 50 mile radius of Wichita Falls) ......$ 0.505/mile
Actual cost of materials required for the job and e�enses shall be charged at cost plus 10%.
Overnight Expense/man— Actual Expenses
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 eyuipment, and expendable items such as stakes and
monuments.
3. Times of Payments:
3.1. Times of Payments�--ENGINEER shall submit monthly statements forBasic 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 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'/z% 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 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 expenses.
OWNER'S REPRESENTATIVE: Russell Schreiber, Director of Public Works, City of Wichita Falls
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SERVICES OF ENGINEER-- ENGINEER shall perform professional engineering services as hereinafter stated which include
customary incidental engineering services
1. Preliminary Design Phase. ENGINEER shall:
l.l. Consult with OWNER to clarify and define OWNER'S requirements for the Project and review available data.
1.2. Collect field information needed to complete design of the Project.
1.3. Advise OWNER of the need to provide or obtain from others data or additional services, and act as OWNER'S
representative in connection with any such servicesacquired from others.
1.4. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline
specifications.
1.5. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project
Cost.
1:6. Furnish one copy of the above preliminary design documents and review them in person with OWNER'S
REPRESENTATIVE.
2. Final Design Phase. ENGINEER shall:
2.1. On the basis of the accepted preliminary design documents and the revised opinion of probable Project Cost, prepare
drawings and specifications to show the character and extent of the Project. ENGINEER will also advise OWNER'S
REPRESENTATIVE of any adjustments to the revised opinion of probable Project Cost caused by changes in the Project
and furnish a final opinion of probable Project Cost based on the final drawings and specifications.
2.2. Attend up to 3 meetings as deemed necessary with OWNER'S off�ials.
23. Provide structured reviews for OWNER'S staff at 30% design completion to discuss concept plans, at 65% design
completion to discuss preliminary working drawings, and at 95% design completion to discuss fmal plans.
2.4. Furnish, when necessary, all data required by OWNER far the development of any applications or supporting
documents for state or federal government permits, grants, or planning advances, provided that such data shall not extend
beyond that actually developed in the performance of other provisions of this contract. ENGINEER shall also coardinate
with and/or seek approval of federal, state, and local authorities for concept and design of this project. Such coordination
or approval will be accomplished prior to bidding and, if r�ecessary, prior to design completion.
2.4. Perform any additional field investigations required to collect information needed in the design of the Project.
2.5. Prepare documents to comprise the contract for construction of the Project (hereinafter the °Contract") for review and
approval by OWNER'S REPRESENTATIVE, including agreement forms, general, special and supplementary conditions,
bidding documents, and other related documents, in a form sufficient for OWNER to advertise for bids. ENGINEER shall
use forms provided by OWNER where applicable.
2.6. Furnish to OWNER'S REPRESENTATIVE assistance in the preparation of required documents so that OWNER may
apply for approvals of governmental authorities having jurisdiction over the Project, and assistance in negotiations with
appropriate authorities.
2.7. Perform any additional field investigations as necessary to collect information needed to complete design of the
Project.
2.8. Furnish at least 10 physical copies of the above documents and review them in person with the OWNER'S
REPRESENTATIVE. Distribute copies of the plans and specifications to all interested contractors upon request.
2.9. Attend a pre-bid conference with OWNER's representatives and interested bidders and assist OWNER, as necessary, to
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evaluate bids and exceptions requested thereto.
3. Construction Administration Phase. ENGINEER shall:
3.1. Attend a pre-construction conference with the representatives of the interested OWNER deparhnents, contractars, and
subcontractors.
3.2. 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 shall make such on-site inspections as
are necessary, and at such frequency as necessary, to check the quality and quantity of the work being 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.
33. Consult and advise with the OWNER and preparing routine change orders as required.
3.4. Prepare monthly and fmal estimates for payments to contractors and furnishing any necessary certifications as to
payments to contractors and suppliers.
3.5. Perform, in company with the representative of the OWNER, a final inspection of the Project.
3.6. Revise the construction drawings to reflect any revisions included in construction records.
3.7. Furnish OWNER with two sets of "a�built" plans and submit the drawings eledronically to OWNER's staff.
3.8. 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 spedfications.
3.9. 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 not more than 2" thick and are to be fully indexed and tabbed. All sheets will be folded to not
larger than 8.5"xl l" size.
310. 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.
4. Additional Services.
4.1 GeneraL If authorized in writing by OWNER, ENGINEER shall furnish ar 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.
4.1.1. Preparation of applications far governmental grants, loans or advances in connection with the Project;
preparation ar 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.
4.1.2. 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 far the proper design and construction of the Project.
4.1.3. Services resulting from significant changes in extent of the Project, including, but not limited to, changes in size,
complexity, OWNER'S schedule, ar 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.
4.1.4. Providing renderings ar models for OWNER'S use.
4.1.5. Preparation of any special reports required far marketing of bonds
4.1.6. Furnishing soil and foundation tests and borings.
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4.1.7. Furnishing reports and maps to establish or revise flood plain boundaries in a format acceptable to FEMA.
4.1.8. Providing detailed mill, shop and/or laboratory inspection of materials orequipment.
4.1.9. Investigations involving detailed consideration of operation and maintenance expenses; the preparation of
feasibility studies and appraisals; and assistance in obtaining financing for the Project.
4.1.10. Furnishing the services of special consultants for purposes other than the normal engineering incidental to the
Project, and providing data or services of the types described in paragraph 3.2 when OWNER authorizes ENGINEER
to provide such data or services in lieu of OWNER furnishing 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.
4.1.11. Applying for permits from all governmental authorities having jurisdiction over the Project and furnishing such
approvals and consents from others as may be necessary for completion of the Project.
4.1.12. Services resulting from the award of more thanone prime contract for construction, materials, equipment or
services far the Project, and services resulting from the arranging for performance by persons other than the Contractar
and administering OWNER'S contracts for such services.
4.1.13. Services in connection with change arders to reflect changes requested by OWNER if the resulting change in
compensation for Basic Services is not commensurate with the change in services rendered; services after the award of
the Contract in evaluating substitutions proposed by the Contractor which require extensive revisions to Drawings and
Specifications; and services resulting from significant delays, changes or price increases occurring as a result of
material, equipment or energy shortages.
4.1.14. Services during out-of-town travel required of ENGINEER other than visits to the site as required by Section 1.
4.1.15. Additional or extended 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, (3) prolongation of
the contract time of the Contract by more than sixty days, (4) acceleration of the progress schedule involving services
beyond normal warking hours, and/or(5) default by Contractor.
4.1.16. Services after completion of the Construction Phase, such as inspections during any guarantee period called for
in the Contract.
4.1.17. Serving as a consultant or witness for OWNER in any litigation, public hearing or other legal or administrative
proceeding involving the Project except as agreed to under Basic Services.
4.2. 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 Basic Services. Any such Additional Services not performed by ENGINEER that would otherwise be paid
separately by OWNER shall be paid for by ENGINEER.
5. Construction Cost and Opinions of Cost
5.1. 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 financing charges incurred in connection with the Project. Construction Cost is one of the
items comprising Project Cost which is defined in paragraph 1.2.4.
5.2. Opinions of Cost. ENGINEER'S opinions of probable Project Cost and Construction Cost represent its best judgnent
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.
5.3. If a Construction Cost limit is established between OWNER and ENGINEER, the following will apply:
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53.1. The acceptance by OWNER of a revised opinion ofprobable Project or Construction Cost in excess ofthe then
established cost limit will constitute a corresponding revision in the Construction Cost limit.
53.2. ENGINEER will be permitted to determine what materials, equipment, component systems and types of
construction are to be included in the Drawings and Specifications and to make reasonable adjustments in the extent of
the Project to bring it within the cost limit.
5.3 3. If the OWNER does not solicit bids for the Project within one year after completion of the Final Design Phase,
the established Construction Cost limit will not be binding on ENGINEER, and ENGINEER's obligation to redo
Contract Documents one time as necessary to bring the Construction Cost within the cost limit shall be subject to
adjustment of the cost limit commensurate with any applicable change in the general level of prices in the construction
industry between the date of completion of the Final Design Phase and the date on whichbids are sought.
53.4. If the lowest bona fide bid exceeds the established Construction Cost limit, ENGINEER shall, without additional
charge, modify the Contract Documents one time as necessary to bring the Construction Cost within the cost limit.
Subsequent modifications by the ENGINEER shall be paid for as Additional Services.
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 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 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 from employing independent consultants, associates, subcontractors, and employees to assist it in the
performance of services hereunder.
5. No Third-Party Beneficiaries--Nothirig 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 ar employee of OWNER.
7. Indemnit,L ENGINEER agrees to release defend indemnifv and hold the OWNER whole and harmless against anv
and all claims suits and actions for damages costs and expenses to �ersons or properlv that may arise out of or be
occasioned bv or from any ne�li�ent act errar or omission of ENGINEER or any officer, a�ent, servant, emnlovee ar
subcontractor of ENGINEER in the execution or performance of this contract. In the event of notice of a claim to which
this indemnitv miQht applv so much of the money due the ENGINEER under this contract as shall be reasonablv
considered necessarv b�he OWNER mav be retained for the use of the OWNER until all suits, actions, and claims shall
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. .,
have been settled and satisfactorv evidence to that effect furnished the OWNER. The ENGINEER further a�rees to release,
defend, indemnifv, and hold harmless the OWNER and the OWNER's officers, agents, and emplovees from liabilitv far anv
claims of injuries or dama�e made bv or on behalf of ENGINEER or anv of ENGINEER's officers, agents, or emplovees
resulting from the performance or attempted performance of this contract re�ardless of whether the injurv or damaee is
caused in whole or in part bv any acts or omissions of OWNER or anyhidden or apparent condition of propertv owned or
controlled by the OWNER. This indemnity shall not applv to anv claim to the extent to which ENGINEER is prohibited
from indemnifyin�a �overnmental entit�pursuant to Tex. Local Gov't Code § 271.904or other law.
'This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed written
instrument.
EXECUTED, this the Sth day of January, 2010.
OW R: City of ich' a Falls, Texas ENGINEER: Corlett Probst & Boyd, PLLC
� �
Darro er, C Manager . Dean inton, P.E., Partner
(seal) (seal)
TTEST: ATTEST:
, ���Gr�`
Lydia na, City Clerk Dennis L. Probst, P.E., Partner
FORM APPROVED:
iles Risley, City Attorney
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