08 - Garver Engineering Agreement Contract Amendment #1 for Wastewater Plan ProjectItem No. 8
TO: Mayor and City Council
Grayson Path, City Manager
FROM: Doug Harris, Director of Utilities
SUBJECT: Amended Professional Engineering Services Agreement with Garver for the
Wastewater Treatment Plant Renovation Project
DATE: February 8, 2021
BACKGROUND:
The City, with the approval of City Council, has been working with Garver for several years toward
rehabilitation and construction of the wastewater treatment facility.
City Council received a presentation from Garver and City Staff regarding the condition and
operational issues of the existing wastewater treatment facility at the July 27, 2020 City Council
Meeting. At the conclusion of the presentation, City Council unanimously approved Amendment
41 to the Professional Engineering Services Agreement with Garver to proceed with Phase II of
design, authorizing the City Manager to sign the agreement upon the establishment of long term
financing for the project.
STATUS OF ISSUE:
The City, with Garver's assistance, submitted an application to the Texas Water Development
Board for funding this project. A combination of COVID-19 and a higher than usual number of
funding requests resulted in the Texas Water Development Board implementing major changes to
the Clean Water State Revolving Fund applications for FY 2021, which include drastically
reducing the amount of funding for projects in the upcoming fiscal year, reducing the maximum
amount of funding for individual projects, and eliminating multi-year funding commitments for
projects.
City Council was advised of the Texas Water Development Board funding issues at the January
25, 2021 City Council Meeting during a presentation from Garver and City Staff. Following the
presentation, City Council unanimously directed staff to pursue Certificates of Obligation to fund
this project.
With Certificates of Obligation, the City must have 5% spent within the first six months, and 85%
spent within the first three years, otherwise Internal Revenue Service penalties may be incurred.
Our project timeline is estimated at 5 — 7 years to complete, hence it is necessary to amend the
Professional Engineering Services Agreement with Garver to reflect Phase I and Phase II of the
project.
The amended Professional Engineering Services Agreement includes no fee summary changes
from the agreement presented to City Council on July 27, 2020. All of the scope of services
included in the original agreement remain, the only edits are in regard to dividing construction into
Phase I and Phase II.
BUDGET:
The fee summary remains the same, there is no budget impact.
OPTIONS:
1. Approve Amendment #1 to the Professional Engineering Services Agreement with Garver,
authorizing the City Manager to sign the agreement.
2. Request additional information on the Professional Engineering Services Agreement with
Garver, to be brought forward at a future meeting.
3. Request edits to the Professional Engineering Services Agreement with Garver.
4. Deny the Professional Engineering Services Agreement with Garver.
RECOMMENDATION:
Approve Amendment #1 to the Professional Engineering Services Agreement with Garver,
authorizing the City Manager to sign the agreement.
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Paris
Paris, Texas
Project No. 19WO5100
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, effective on the date last written below, shall amend the original
contract between the City of Paris (Owner) and GARVER, LLC (GARVER), dated June 11th, 2019,
referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional services for the:
Paris WWTP Improvements
The original contract is hereby modified as follows:
CONTRACT
To Section IX. Right to Inspect Records, add the following language:
The requirements of Subchapter J, Chapter 552 (Public Information), Government Code, may apply
to this contract and the contractor or vendor agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
ATTACHMENT A — PHASE 1 SCOPE OF SERVICES
To the Attachment A — Phase 1 Scope of Services, add the following:
Appendix A — Scope of Services
ATTACHMENT B — FEE SUMMARY
The fee summary is amended as follows. Additional fee breakouts are included in Appendix B.
Contract Amendment No. 1 1 of 2
Paris WWTP Improvements Garver Project No. 19W05100
To the Fee Summary, add the following additional Tasks and fee amounts in addition to the original
contract amounts:
Engineering Services
Estimated Fees
1 Funding Assistance
$38,308
2 Surveys
$99,969
3 Environmental Services
$26,730
4 Preliminary Design Services
$1,813,477
5 Final Design Services
$4,025,146
6 Bidding. _Services
$265,031
Subtotal of additional services
$6,268,661
The original contract fee was $371,978. The total contract fee is amended to $6,640,639, lump sum
not to exceed.
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
City of Paris
By: �._..
Signature
Name:
Printed Name
Title:
Date:
Attest:
Contract Amendment No. 1
Paris WWTP Improvements
GARVER, LLC
"x�nature � 2 _
Name: Lance Klement
Printed Name
Title: North Texas Water Team Leader
Date: Januar 26th h?1 ...................wm..
Attest: LA'',���ll, �
2of2
Garver Project No. 19W05100
APPENDIX A — PHASE 2 SCOPE OF SERVICES
General
Generally, the Phase 2 Scope of Services includes professional services necessary for design phase
services and bidding services for the recommended improvements to the City of Paris Wastewater
Treatment Plant (WWTP) as detailed in the July 2020 report entitled, "Conceptual Design Report City of
Paris New Wastewater Treatment Plant" as prepared by Garver.
Generally, the scope of services includes professional services necessary for implementation of the
planned City of Paris Wastewater Treatment Plant (WWTP) Improvements to replace aging
infrastructure and enhance the plant's capabilities to the permitted plant capacity of 7.25 mgd in a two
phased construction approach (Construction Package 1 and Construction Package 2).
The planned capital improvements include modification and refurbishment of existing facilities as well
as construction of new facilities to meet the targeted capacity and treatment criteria for baseline
improvements to the existing WWTP in two construction packages.
The scope of services includes design of the new replacement facilities and rehabilitation of the existing
plant to 7.25 mgd:
• Hydraulic capacity of the WWTP Annual Average Design of 7.25 mgd.
• Hydraulic capacity of the WWTP Peak Flow of 17.34 mgd.
• Design Loading Assumptions as detailed in Table 5-1 of the Conceptional Design Report,
dated July 2020.
• Planning for identified future regulations as related to future phosphorus removal.
The project will be divided into the following design packages. The scope of services in this scope
includes bidding the first package only.
Construction Packa e_1:
• New influent pump station.
• New headworks facility with fine screening and grit removal with screenings and grit
processing with loading.
• Foul air facilities for the headworks area.
• New secondary treatment splitter structures.
• New conventional activated sludge basins.
• Rehabilitation of three (3) existing secondary clarifiers.
• Rehabilitation and upgrade for the chlorine contact basins and the adjoining de -chlorination
facility.
• Rehabilitation of the chlorine system and the sodium bisulfite system.
• New RASMAS pump station.
• Rehabilitation of existing structures for solids holding tanks.
Rehabilitation of the existing Autothermal Thermophilic Aerobic Digestion (ATAD).
• Rehabilitation and expansion of solids thickening facilities.
• Rehabilitation and expansion of solids dewatering facilities.
• New plant water system.
• Yard piping throughout the plant site and as designated by Conceptual Design Report's
Drawing No. 03 and the Process Flow Diagram, (Drawing No. 4).
• New electrical service facilities and electrical distribution facilities.
• New backup power generator system.
• New SCADA system.
Appendix A - Scope of Services 1 of 9
City of Paris WWTP Improvements
Construction Packa a 2:
• Rehabilitation of the influent line from the WWTP to the flow equalization basin
(approximately 3.3 miles). This will include pipeline plan and section drawings for this route
within the existing easements.
New primary clarifier flow splitter structure.
• New primary clarifiers.
• New secondary clarifier.
• New solids holding tanks to work in conjunction with existing structures to provide 10 days of
solids storage.
• Paving throughout the plant site and as designated by Conceptual Design Report's Drawing
No. 03.
• New administration building.
1. Funding Assistance
Garver will assist the Owner during the design phase with the pursuit of funding through one funding
source, the Texas Water Development Board (TWDB). Gamer cannot guarantee that funding for this
project will be available or that the Owner will be successful in qualifying for such.
Garver will perform the following tasks:
• Coordinate with the Texas Water Development Board via telephone as needed for project
updates.
• Provide design deliverables to the TWDB at each phase.
• Provide engineering documents needed for loan closure such as useful life certificate.
• Coordinate bid documents with TWDB to provide program compliance.
2. Surveys
2.1. Boundary Survey
Garver will perform a boundary survey with metes and bounds description for the land on which the
City of Paris wastewater treatment plant is located, along with easement boundaries for the WWTP
access road from US Hwy 271 into the WWTP.
2.2. Pipeline Easement Survey and Documents
Garver will perform a topographic survey at 50 ft contours along the existing influent force main easement
and the gravity portion from the existing WWTP site to the peak flow basin. This survey will assume a 100
ft survey width. The survey will include a centerline on the existing pipeline easement and denote cross
sections of creeks, significant grade breaks, as well as any features such as culverts, fences, and tree
lines.
Records research for the alignment to located recorded easement documents will be conducted. The
descriptions will be located, plotted, and easements tied to the survey document.
If any additional geotech is needed, Garver will notify the Owner to acquire the additional geotechnical
boring and reports.
3. Environmental Services
Garver will prepare and submit a request for a Categorical Exclusion (CE) to the TWDB. This includes a
detailed request to the TWDB, justification for the CE, and a copy of the Preliminary Engineering Report.
Appendix A - Scope of Services 2 of 9
City of Paris WWTP Improvements
Garver's Environmental Services do not include an Environmental Information Document (EID). Should
the CE not be granted, and an EID be required by the TWDB, an amendment to this contract will be
necessary to prepare an EID, as shown in Section 7, Extra Work.
Garver will also conduct wetland delineation and conduct USACE coordination for the anticipated river
crossings along the influent pipeline alignment. A Nationwide 404 permit is anticipated and the effort to
submit the Nationwide 404 Permit request is included with this scope.
Garver will perform the following tasks:
Complete TWDB "Categorical Exclusion/Determination of No Effect Request Form" and
submit to the TWDB
Complete Nationwide 404 Permit application
4. Preliminary Design
The preliminary design phase will represent approximately 30 percent of final construction documents.
The preliminary design phase submittal will include a submittal of preliminary plans and an opinion of
probable construction cost. The 30% design will be delivered in one package but clearly delineating
two phases of construction, with two separate 30% drawing deliverables. This submittal will not include
technical specifications or "front end" contract documents. Garver will not begin final design until the
preliminary design is approved by the Owner in writing. Preliminary design will include:
1. Process Design Criteria
2. Opinion of Probable Construction Cost - Preliminary Design Phase (OPCC)
3. Preliminary Drawings
4. Equipment Data Sheets and Manufacturer Information
Garver will perform the following project coordination tasks:
• Advise Owner as to the necessity of Owner providing data or services that are not part of
Garver's Basic Services.
• Maintain an overall schedule for the project and routinely advise the Owner of critical path items
affecting project progress versus schedule.
• Maintain and monitor project budget and submit monthly invoices based on progress of work
to date.
• Conduct six teleconference progress meetings with Owner's staff.
• Provide an agenda in advance of all scheduled meetings and provide subsequent meeting
minutes.
Process design criteria will be documented to identify basis of unit sizing and verification of
TCEQ regulatory conformance with the existing NPDES permit.
The cost opinion will update the City of Paris WWTP Improvements' conceptual estimate of
construction costs for project components based on information obtained during the preliminary
design phase.
Garver anticipates the preliminary design drawings will include a site plan, yard piping plan,
hydraulic profile, demolition details, preliminary process and instrumentation diagrams (P&IDs),
preliminary layouts of the proposed improvements such as liquid treatment process units and solids
treatment process units, associated equipment, major piping and valves, and preliminary electrical
one -line diagrams.
Appendix A - Scope of Services 3 of 9
City of Paris WWTP Improvements
A Preliminary Design Document will detail the following:
• Process Design Criteria.
• Opinion of Probable Construction Costs.
• Equipment Data Sheets and Manufacturer Information.
• Specification Outline.
• Piping Schedule.
• Construction Sequencing.
• Control Descriptions "Draft" Specifications.
• Major Equipment "Draft" Specifications.
• Motorized Valve and Gate "Draft" Schedules
The Equipment Data Sheets and Manufacturer Information section will provide information on the
major items of process equipment selected for the plant based on Garver's experience and Owner
preference. Equipment data sheets that summarize operating conditions and key components will
be provided along with manufacturer catalog information.
Garver will lead and participate in a Preliminary Design Workshop. The workshop will be held at the
Owner's location and major items of discussion will include:
• Review and refinement of process design criteria.
• Review and refinement of preliminary P&IDs and preliminary selection of instrumentation.
• Review and refinement of preliminary electrical one -line drawings.
• Review and refinement of preliminary SCADA design approach and system architecture.
• Review and refinement of the preliminary site plan, hydraulic profile, and facilities layouts.
• Review and preliminary selection of major equipment items.
• Review of proposed construction sequencing.
• Process Control and SCADA workshop module.
• Preliminary Design Phase OPCC
As part of the Preliminary Design Workshop, Garver will conduct an O&M focused discussion to
determine process control parameters and equipment preferences. The WWTP staff preferences
will be documented within the preliminary design documents. The O&M discussion and SCADA
integration discussions will be a component module of the Preliminary Design Workshop in this
scope of work.
Garver will prepare copies of the Preliminary Design Submittal (both hard and pdf electronic files)
and submit for review by Owner. Garver anticipates two weeks for Owner review and comment
time once the Preliminary Design submittal is delivered.
Garver will prepare and transmit a written documentation of "mutually agreed to" responses to the
Owner's review comments of the Preliminary Design Documents.
As part of the Preliminary Design Phase, Garver will:
• Coordinate with TCEQ via telephone on project status and design criteria.
• Submit the Preliminary Design Report to TCEQ for review.
• Coordinate with the Owner's input, any responses to TCEQ review comments.
Preliminary Design Deliverables shall be:
• Two (2) hard copies of the draft Preliminary Design Documents (including half size drawings)
• Two (2) hard copies of the draft of the Preliminary Design Report.
• Two (2) hard copies of the final version of the Preliminary Design Report.
• Required copies for Funding and Technical Review as required by State Agencies.
5. Final Design Services
Appendix A - Scope of Services 4 of 9
City of Paris WWTP Improvements
During the final design phase of the project, Garver will conduct final designs to prepare construction
plans and specifications for two (2) construction contracts, including final construction details and
quantities, special provisions, and opinion of probable construction cost. These will be developed in
accordance with the phasing plan detailed at the introduction of this scope.
Garver will perform the following project coordination tasks:
• Advise Owner as to the necessity of Owner providing data or services that are not part of
Garver's Basic Services.
• Maintain an overall schedule for the project and routinely advise the Owner of critical path items
affecting project progress versus schedule.
• Maintain and monitor project budget and submit monthly invoices based on progress of work
to date.
• Conduct eight teleconference progress meetings with Owner's staff.
• Provide an agenda in advance of all scheduled meetings and provide subsequent meeting
minutes.
The final design phase is anticipated to have three major submittals for both phases: a 60%, 90%, and
100%. For the project bidding, the following applies:
• Garver will include (2) designed deductive alternates to provide award flexibility to match with
available project funding.
• Multiple design scenarios or bid packages aside from the Phase 2 Bid Package and/or pre -
purchased equipment packages are not includedas part of the level of effort provided with this
Agreement.
The Contract Documents will consist of drawings and specifications that set forth requirements for
construction of the improvements, and shall include proposal forms, notice to bidders, bid forms, bond
forms, and other information as required by Owner to competitively bid the work.
Garver and the TWDB's standard contract forms including documents from the Engineers Joint Contract
Documents Committee (EJCDC) will be used, along with Garver's standard drawing format and
technical specifications. Garver will utilize the TWDB and Engineers Joint Council Documents
Committee (EJCDC) standard documents as a base for developing the project's front end documents.
EJCDC's standard General Conditions shall be utilized with edits being provided by the Supplemental
Conditions. Standard forms, as required by the funding source, will be incorporated.
Garver will review potential construction sequencing and the overall approach to project implementation
to minimize disruption of the WWTP operation during construction of the two identified phases. This
review will occur at the DesignSubmittal Workshops.
During final design, Garver will host an O&M workshop at the WWTP to solicit input from staff onthe
final design documents.
Garver will lead a review workshop for the two (2) final design phases: 60% and 90%. These
workshops will be held in Garver's Frisco, Texas office to solicit comments and feedback from the
Owner.
The Process Control and SCADA workshop will be a component module of the 60% Design
Workshop. The purpose of these module will be to coordinate the Owner's desired method and
level of process control and remote operation capabilities.
The Preliminary Design Workshop module will include an overview of the current and proposed
SCADA system architecture along with a basis of design for expected improvements. The Owner's IT
Appendix A - Scope of Services 5 of 9
City of Paris WWTP Improvements
staff, WWTP's Operations staff and WWTP's Maintenance staff may attend as needed. The 60%
Design Workshop module will include a review of the Preliminary Design Workshop module action
items, an update regarding the proposedSCADA system components, advanced design concepts, the
path forward to completion of the project,and programming services.
Final Design Deliverables shall be:
• Two (2) hard copies of the draft 60% Design Documents (including half size drawings) and a
PDF copy for Phase 1 and Phase 2 construction packages.
• Two (2) hard copies of the draft 90% Design Documents (including half size drawings) and a
PDF copy for Phase 1 and Phase 2 construction packages.
• Two (2) hard copies of the 100% Design Documents (including half size drawings) and a PDF
copy for Phase 1 and Phase 2 construction packages.
• Two (2) hard copies of the Bidding Documents (including half size drawings) and a PDF copy
for Phase 1 and Phase 2 construction packages.
• Required copies for Funding and Technical Review as required by State Agencies.
Appendix A - Scope of Services 6 of 9
City of Paris WWTP Improvements
6. Construction Package 1 Bidding Services
6.1. Contractor Pre -Qualification
The period for prequalifying bidders is anticipated to extend for a 30 -day duration. During the pre -
qualification period phase of the project for Construction Package 1, Garver will:
• Prepare Pre -qualification Information Packet that will serve as the Request for Qualifications for
interested Contractors for prequalification. Coordinate Owner's review and comment on the
document.
• Prepare and submit Advertisement for Pre -qualification for Contractors to TWDB for review and
approval. Following TWDB approval, Garver will submit the Advertisement to the Owner for
advertising in the local newspaper. Owner will pay advertising costs outside of this contract.
• Post advertisement for Pre -qualification for Contractors, Pre -qualification Packet, and any
associated information to CivCast for download by prospective contractors.
• Support the Pre -qualification Packet by preparing addenda as appropriate and posting on
Garver's online plan room.
• Participate in a Pre -qualification meeting at the Owner's location.
• Prepare a Pre -qualification meeting memorandum. Following Owner authorization, post the
Prequalification meeting memorandum with attendance record on Garver's online plan room.
• Participate and chair a construction site tour by interested Pre -qualification meeting attendees
and other interested parties.
• Attend the Pre -qualification Submittals of Qualifications opening.
• Prepare a review of each Submittal and rank each interested contractor based upon agreed to
criteria. Also, perform the following:
o Verify Contractor's certifications and licenses to serve as the Prime Contractor for this
Project.
o Survey (via telephone) the submitted Project References.
o Survey (via telephone) the submitted references for key staff.
o Evaluate the submittals and recommend a list of pre -qualified contractors to Owner.
• Prepare prequalification notices to agreed -to listing of contractors and advise of preliminary
schedule for bidding.
Construction Package 2 pre -qualification is not included with this scope of services.
6.2. Bidding Assistance
The bidding period for prospective bidders of the Construction Package 1 construction package is a 45 -
day duration period. During the bidding period phase of the project, Garver will:
• Prepare and submit Advertisement for Bids to newspaper(s) for publication as directed by the
Owner. Owner will pay advertising costs outside of this contract.
• Post advertisement for bids, construction contract documents, and any associated information to
Garver's online plan room for download by prospective bidders (at an appropriate cost for
handling).
• Support the contract documents by preparing addenda as appropriate and posting on Garver's
online plan room.
• Participate in one pre-bid meeting.
• Prepare a pre-bid meeting agenda. Following Owner authorization, post the pre-bid meeting
memorandum with attendance record on Garver's online plan room.
• Participate and chair a construction site tour following the pre-bid meeting by interested pre-bid
meeting attendees and other interested parties.
• Host, attend, and manage the bid opening process.
• Prepare bid tabulation.
• Evaluate bids and recommend award.
Appendix A - Scope of Services 7 of 9
City of Paris WWTP Improvements
• Attend and participate in reporting recommendation of award to Owner Council.
• Prepare construction contracts.
• Prepare conformed documents (four half size sets).
• Distribute as required to State Agencies and Funding Agencies
7. Extra Work
The following items are not included under this agreement but will be considered as Extra Work. Extra
Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and
the Engineer.
1. Construction Package 2 Bidding Services.
2. Construction Phase Engineering Services.
3. Construction Phase On-site Construction Management Services.
4. Construction materials testing.
5. Geotechnical services.
6. SSES, I&I analysis, and/or sewer system survey.
7. Design of improvements off-site aside from the influent pipeline.
8. Utility relocation coordination or design.
9. Hydraulics and hydrology for floodway No -Rise Certification and Individual 404 permit.
10. Redesign for the Owner's convenience or due to changed conditions after previous alternate
direction and/or approval.
11. Submittals or deliverables in addition to those listed herein.
12. Invasive structural evaluation techniques beyond visual observation of existing structures at
grade and existing record drawings.
13. Preparation of a Storm Water Pollution Prevention Plan (SWPPP).
14. Environmental Handling and Documentation beyond those previously identified, including
wetlands identification or mitigation plans or other work related to environmentally or
historically (culturally) significant items.
15. Floodplain delineation and coordination with FEMA and preparation/submittal of a CLOMR
and/or LOMR.
16. Environmental Services beyond preparation and submission of a Categorical Exclusion
17. Sludge Management Plan
18. Warranty Assistance
19. Water Reuse Master Plan
20. Utility rate study
21. TMDL and NPDES permitting assistance
22. Water Conservation Plan
23. Drought Management Plan
24. Extra Meetings
25. Jar Testing Services
26. Sampling Services
Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner
and Garver.
Appendix A - Scope of Services 8 of 9
City of Paris WWTP Improvements
8. Schedule
This schedule is not only contingent on Owner review and authorization to proceed for each Task, but
also regulatory and funding agencies review and response time.
Project Task
Start Date and Duration by Phase
Task 1
415 days from Notice to Proceed, concurrent with following
Funding Assistance
Tasks
Task 2
Surveys
120 days from Noticeto Proceed�����W
Task 3
180 days from Notice to Proceed
Environmental
Task 4
210 days from Notice to Proceed
PreliminaryDesign Services
....................................240mmdamm
Task 5
_
sm from Owner's acceptance
y p ance of Task 3 services and
Final Design Services
Owners Notice to Proceed
Task 6
120 days from Owner's Adverbs........._____...........
ement for Pre -Qualification of
Phase 1 Biddin, Services
— .......�....... ..a ....... .................... .r...._._,,,,, ._ ..
Contractors
...................................,r ........... ..... ......................................................
Appendix A - Scope of Services 9 of 9
City of Paris WWTP Improvements