R2004-042 03-22-04RESOLUTION NO. R2004-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH MONTGOMERY
WATSON HARZA FOR ENGINEERING SERVICES ASSOCIATED WITH
THE FAR NORTHWEST WATER PLANT EXPANSION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Montgomery Watson Harza, a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Montgomery Watson Harza, for engineering
services associated with the Far Northwest Water Plant expansion.
PASSED, APPROVED and ADOPTED this the 22nd day of March
A.D., 2004.
TOM
MAYOR
ATTEST:
APPROVED AS TO FORM:
OetA.,:—,
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution R2004-42
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Montgomery Watson Harza (MWH) (hereinafter "Engineer") as
follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide engineering services related to the expansion of the
Shadow Creek water Plant.
Engineer/Subconsultant(s)
Fee
Basis of Compensation
Montgomery Watson Harza
(MWH) Task 2 — 4A
$270,382
Lump Sum
Montgomery Watson Harza
(MWH) Task 1-2 Supv. Sery
$161,755
Salary Cost x Multiplier
Plus ODC
Maximum Contract Amount
$432,137
Mixed
the Cit and
* All financial obligations created by this agreement are between y
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days from completion of
final Wetlands Determination Report.
Attachments: Scope of Services — Exhibit A
Project Schedule — Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual low bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
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If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one percent (1 %) per month
from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days'
written notice to City, suspend services under this Contract until Engineer has been paid
in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
3
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, 'and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(3)
4
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non -owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
5
Title: City Manager
STATE OF TEXAS
COUNTY OFi.< Zo✓��-
EXECUTED and EFFECTIVE as of the 01
CITY OF PEARLAND
441
day of
ENGINEER
By: By:
Printed Name: Bi 11 El sen Printed Name: 4,00' —
Title:
, 2004'.
BEFORE ME, the undersigned Notary Public, on this day personally appeared
f,s teL , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND
r , A.D., 20 0 9 .
fiar�"�/Fda "IiiJ.II�.��"✓.�'J�.�ds"s�rt/'
PERLA N. LEHMAN
Notary Public, State of Texas
My Commission Expires:
APRIL 2, 2005
STATE OF TEXAS
COUNTY OF
rvls
SEAL OF OFFICE THIS 3 DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:?2-1('— ,„ 1-4-A tvo,n
My Commission Expires: ,4p1. I � ?-oaf'
BEFI9RE ME, the undersigned Notary Public, on this day personally appeared
Tpd 5 , known to me to be the person whose name is subscribed to
the foregoing strument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
n _GIVEN UNDER MY HAND ,AND SEAL OF OFFICE THIS
IA , A.D., 20 O
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DAY OF
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NOl`ARY PUBLIC IN FOR THE
STATE OF TEXAS
Printed Name: 1-tiii\ob-. 146
My Commission Expires:
MONTGOMERYWATSON HARZA
March 8, 2004
City of Pearland
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Alan Mueller, Deputy City Manager
Subject: Final Proposal for Shadow Creek Water Plant Expansion.
Dear Alan:
MWH Americas is pleased to provide this proposal for engineering services related to the
expansion of the Shadow Creek water plant. We have broken our proposal into the following two
areas in order to show the contracting alternatives discussed during the revision of the work to be
performed:
• Services including Preliminary Engineering, Detailed Design, Geotechnical Investigation and
Field Surveying to support detailed design, and Field Start -Up will be grouped under a Lump
Sum contract in order to better serve the timing and objectives of the project.
• Bid Phase Management and Construction Management services will be on a Reimbursable
format with an engineering multiplier in order to better manage and control the timing and
duration of the work.
We have estimated that the entire project will take approximately 22 months from Notice -To -
Proceed to complete design, permit approval, and construction, with a 360 calendar day period for
construction. Given an April 1, 2004 start, the Shadow Creek plant would be fully operational by
February 1, 2006. Different possible configurations might allow for earlier operations of portions
of the expansion.
The following summarizes our proposal by Phase and contract grouping.
5100 Westheimer
Suite 580
Houston, Texas
77056-5507
Tel: 713 403 1600 Delivering Innovative Projects and Solutions Worldwide
Fax: 713 850 7901
Mr. Alan Mueller
03/08/04
Task
Proposal given 3rd Party
Construction Observation
Services under Lump Sum
Basis of Design Memo
$61,104
Detailed Design
$139,113
Supplemental Services
$70,165
Subtotal Lump Sum
$270,382
Services Under Reimbursable
Bid Services
$24,628
Construction Support
$137,127
Resident Observation
(3rd party)
Subtotal Reimbursable
$161,755
TOTAL CONTRACT
$432,137
Page 2 of 2
We have reevaluated the scope of work and our level of effort based on our conversations with
Mr. Joe Wertz on March 2004 meetings. Through these reviews we have decreased the overall
fee for our work to $432,137. We have indicated that the PER, Detailed Design, and
Supplemental Services phases of the project be issued as a lump sum contract. For bid services
and construction management, we would propose a cost plus contract with a 2.4 multiplier on
burdened labor, as defined by our most current labor audit, plus ODCs. We understand that this
project will be issued under the same standard City of Pearland contract terms and conditions
agreed to under the SCADA contract last September.
We appreciate your request for MWH to perform this work and we look forward to working with
the City of Pearland in continuing to grow towards the future. If you have questions, feel free to
contact me at your convenience.
Sincerely,
&_e_d
•
Todd Papes, P.E.
Vice President
Cc: Chris Canonico, PE, MWH
Luis Casado, PE, MWH
Attachment A
AMENDED DETAILED SCOPE OF WORK
CITY OF PEARLAND, TEXAS
SHADOWCREEK WATER PLANT EXPANSION
BACKGROUND
In 1999, The City of Pearland (OWNER) embarked upon design and construction of a new
surface water storage and pump station near County Road 48 in the Shadow Creek development.
Operation of the initial phase o£this water storage and pump station facility commenced in 2002
and the OWNER has begun planning for the expansion of this facility to meet increasing water
demands. This scope of work will complete an expansion of this pump station to the following
operation parameters:
1) Water intake from McHard Road Line from the City of Houston (COH) to be an average of 6
MGD.
2) Pump Station Firm Capacity for Peak Daily Flow of 16 MGD at a Design Head with half
capacity in the new Shadow Creek elevated storage tank.
3) Elevated Storage Tank on discharge side of pumps with capacity of 1 MG sized to a water
level of 138.5 foot above ground surface at half capacity.
4) Total Ground Storage Tank Capacity on suction side of pumps of 3.33 MG.
This expansion will contain the following components:
• 1.67 MG welded steel ground storage tank or equivalent
• Booster pump station upgrades
• 1-MG elevated storage tank
• Standby Electric Generator Upgrade
• Interconnecting Piping
• Modifications to the SCADA Instrumentation for Storage and Pumping
This scope of work is for MWH Americas (ENGINEER) to provide the following four phases of
services in support of this expansion:
1. Preliminary Engineering, complete with geotechnical evaluation and site survey
2. Detailed Design
3. Bid Phase
4. Construction Phase Services
BASIC SERVICES
Task 1 - Preliminary Engineering Services
ENGINEER shall prepare a Preliminary Engineering Report (PER) including the following.
1. Describing sizing of volume of ground and elevated storage tank (in accordance with Texas
Commission of Environmental Quality (TCEQ) criteria) and booster pump station capacity
Final 03/08/04 Page 1
using information provided by the OWNER regarding projected demands and available flow
and pressure.
2. Modeling of the water distribution system for the new water source produce by the Shadow
Creek expansion in order to optimize the amount of ground storage and elevated storage to
comply with the new allocations and transmission mains in the northern side of the City.
This modeling run will be performed prior to the submittal of the PER and will be the basis
for site layout options. A meeting with the City Planning department will be included to
incorporate the projects completed in the water system since the completion of the Master
Plan. All of the modeling parameters developed during the Master Plan in 2001 will be
maintained for this modeling effort.
3. Collect design standards, material preferences, standard specifications, standard details, and
coordination and approval protocol that are required by the OWNER and the City of
Houston, and TCEQ, for use in preparing and acceptance of the design and contract
documents.
4. Request an exception from TCEQ rules regarding the air gap on the ground storage tank
overflow such that the new ground storage tank could be constructed similar to the existing
1.67 MG ground storage tank. ,This request for exception will be submitted at the same time
as the Preliminary Engineering Report. ENGINEER, as needed, will visit TCEQ in Austin to
review the requested exception with TCEQ staff.
5. Develop a PER. The following items shall be included in the PER.
• Summary of design criteria to demonstrate compliance with TCEQ and COH requirements.
• Description of individual unit processes. Development of sizing criteria, calculations and
material selections for facilities and equipment.
• Plan layout for each of major structure to provide TCEQ an understanding of the approach
that will be used in the final design of the facilities.
• Summary of up to two material alternatives for the elevated tank (composite and steel)
• Electrical preliminary design shall be developed including the plan for providing the
additional power for the plant.
• Instrumentation and control philosophy shall be provided for operations of the plant
facilities.
• Drawings for the PER submittal will be submitted as paper copies. This submittal includes:
preliminary site layout, yard piping layout, storage tank(s) profile, one -line diagrams, process
and instrumentation diagrams, and preliminary structural diagrams. In addition, the submittal
will include a specification table of contents with master specifications for each work
product.
• A budget level opinion of probable cost estimate as defined as Class III Estimate per
Association for Advancement of Cost Engineering Practice 18R-97
• A proposed schedule for detailed design completion and construction
Three copies of a draft PER shall be submitted to the OWNER for internal review. Upon
request of the OWNER, two additional copies of the draft PER will be submitted to the City
of Houston. The OWNER shall provide written comments on the draft PER within 30 days
of receipt of the PER. ENGINEER will incorporate received comments and provide five
copies of a final PER to the OWNER with 15 days of receipt of the OWNER's comments.
Final 03/08/04 Page 2
Input from the OWNER shall be combined with the results of the ENGINEER's internal
design checking and Technical Review Committee and a "Design Freeze" shall be
established. The "Design Freeze" will be defined with a written memorandum between the
ENGINEER and the OWNER at the completion of revision of the PER Submittals. Any
significant changes to the PROJECT design following Design Freeze typically require much
rework. Should this occur, the changes will be evaluated and may warrant a contract
amendment.
6. ENGINEER shall prepare and submit an application for modification of a water system to
the TCEQ on behalf of the OWNER. Included in this application shall be the request for
exception regarding the Ground Storage Tank (GST) air gap.
7. ENGINEER will provide coordination for and attend the following meetings.
• One kickoff meeting with OWNER
• One progress meeting with OWNER engineering, planning, and public works staff to
review design criteria.
• One progress meeting in conjunction with the OWNER with City of Houston (COH)
engineering, planning,' and public works staff to review design criteria.
• One meeting with the OWNER staff to review the draft PER
• One meeting with the COH to receive approval for PER.
• Visit the site up to three times to verify existing structures, utilities, and conditions.
• Meet with the TCEQ (in Austin) once to review the proposed modification of the
water system
8. Provide coordination and communication with the OWNER. ENGINEER will provide the
City with updates of progress, issues, schedule and budget on a monthly basis. ENGINEER
will attend monthly meetings with the OWNER.
9. ENGINEER will contract directly with all engineering subconsultants. ENGINEER will
prepare all engineering subconsultant contracts, budgets, and schedules.
10. Provide quality assurance and quality control for the preliminary engineering services.
Task 1 Schedule: The Draft PER is scheduled to be submitted within 45 calendar days from
notice to proceed. Based upon receipt of City comments within 30 calendar days of receipt of
draft PER, the final PER will be submitted with 21 calendar days of the reception of comments to
the draft PER.
Task 2 - Detailed Design Services
This task is for the detailed design and preparation of contract documents services for expansion
work performed at the existing Shadow Creek.Water Plant location.
1. Prepare detailed engineering calculations of elevated storage tank, ground storage tank, and
booster pump station upgrades. The design shall be based on the recommendations of the
Final 03/08/04 Page 3
Preliminary Engineering Report. No flow meter or building expansions or improvements are
anticipated.
2. Prepare detailed drawings, specifications and contract documents for the project. The
documents shall be prepared for one construction contract and for selection of construction
contractors on a competitive -bid basis. Standard ENGINEER bid forms, general conditions,
and agreement (Front End) contract documents will be used. COP technical specifications
will be used and supplemented by ENGINEER technical specifications as needed. Technical
specifications will be in 8 %" x 11" double sided format. Specification will be written in
Microsoft Word
3. Drawings will be prepared -on 22-inch by 34-inch sheets with standard ENGINEER title
blocks using Microstation J. Structural, mechanical, civil, electrical and instrumentation
drawings of the ground storage tank, elevated storage tank, and booster pump station will be
prepared. Electrical drawings will be provided for modifications to the existing power and
lighting of the storage tank site and booster pump stations. Instrumentation drawings for
updates to the SCADA system will be prepared. Additional drawings will include special
details of pipe connections. Engineer will convert electronic files from Microstation J to
AutoCad 2000 and Acrobat Adobe format for electronic submittal at the 100% drawing level.
4. ENGINEER will make two interim submittals of the design and contract documents to the
OWNER. Three sets of drawings and specifications for review at the 90 percent will be
submitted. If requested, ENGINEER will transmit two sets of specifications and full-size
drawings to the City of Houston at each of the submittal milestones. OWNER comments on
each submittal shall be returned to ENGINEER within 30 days of receipt of the respective
submittal. ENGINEER will schedule a review meeting with the OWNER to review
comments and to resolve any questions on the submittals. If desired, the OWNER shall
invite the City of Houston to these meetings. A total of one meeting per submittal is
included.
5. An opinion of probable construction cost for the proposed work covered by the contract
documents will be prepared. The opinion of probable construction cost will be based on the
90 percent complete contract documents in accordance with a Class II estimate per
Association for Advancement of Cost Engineering Practice 18R-97.
6. For the 100% submittal, ENGINEER shall submit signed and sealed final contract documents
to the OWNER for City Engineer signature on the cover sheet. After signature, tens sets of
specifications, five sets of full-size bluelines and five sets of half-size final drawings will be
submitted.
7. ENGINEER shall prepare and submit signed and sealed drawings and specifications to the
the TCEQ on behalf of the OWNER. It is expected that TCEQ approval will be granted
within 60 calendar days of submittal to TCEQ.
Final 03/08/04 Page 4
8. Meet with permitting agencies on design objectives and performance requirements. Meetings
will be held with Fort Bend County, and Fort Bend County Flood Control District. A total of
six meetings is included.
9. ENGINEER will contract directly with all engineering subconsultants. ENGINEER will
prepare all engineering subconsultant contracts, budgets, and schedules.
Task 2 Schedule: Given the review time specified above, submittals for Task 2 will be as
follows:
90% Contract Documents: 120 days after NTP for Task 2,
Final Contract Documents: 150 days after NTP for Task 2.
Task 3 - Bid Phase Services
ENGINEER will provide the following services associated with the advertisement of the project
for construction bids and award of the project for construction. This scope is based on one
construction contract, however if this project is split into two construction packages over two
sites, the following concurrent bid services for two packages will be performed under this task.
This assumes that both packages will be bid at the same time over the same bid window.
Specific services to be performed by ENGINEER for each contract are as follows.
1. Coordinate bid opening date, time, and place with OWNER, and prepare final Invitation to
Bid.
2. Assist and advise OWNER in placing the advertisements of the Invitation to Bid. OWNER
will place and pay for advertisements.
3. Identify potential contractors and suppliers, and distribute copies of the Invitation to Bid.
4. Provide 20 sets of contract documents (half-size) and 20 CDs of contract documents (Adobe
Acrobat Reader format) for bidding purposes. Distribute the contract documents to
prospective bidders, suppliers, plan rooms, and agencies for bidding purposes. Maintain a
record of prospective bidders and suppliers (plan holders) to whom contract documents have
been issued.
5. Distribute plan holders' list to recipients of contract documents prior to bid opening.
6. Conduct a pre -bid conference during the advertisement period.
• Instruct prospective bidders and suppliers as to the types of information required by
the contract documents and the format in which bids should be presented.
• Review special project requirements and contract documents in general.
Final 03/08/04 Page 5
• Receive requests for interpretations or clarifications which will be issued by
addendum.
• Prepare minutes of the conference and issue by addendum.
7. Interpret construction contract documents. Prepare and issue addenda to the construction
contract documents when required.
8. Attend bid opening. Provide assistance to the City's Purchasing officer in answering
questions during bid opening, make preliminary tabulation of bids, and review bids for
completeness.
9. Review and evaluate the qualifications of the apparent successful bidder and the proposed
major or specialty subcontractors. Review equipment and subcontractor questionnaires. The
review and evaluation will include such factors as safety records, work completed,
equipment that is available for the work, financial resources, technical expertise, and
responses from references.
10. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make a written
recommendation to OWNER concerning contract award.
11. After issuance of the City's notice of award, review contractor's bonds to acknowledge
Contractor submission of required bonds. ENGINEER will not verify the viability or rating
of the submitted bonding agency.
12. After issuance of notice of award, furnish the Contractor with three sets of unsigned
construction contract documents for signature. After Contractor signature, transmit the
construction contract documents to OWNER for execution and distribution. One original
signed copy will be for the Contractor, one copy to the OWNER, and one copy for
ENGINEER.
13. Provide 3 sets of the full size blue lines drawings and signed specifications to the
CONTRACTOR
14. Provide 5 sets of the full size blue lines drawings and signed specifications to the OWNER.
Task 3 Schedule:
Advertise for Bid: Within 21 calendar days of submission of Final Documents in Task 2
Bid Opening: Within 51 calendar days of submission of Final Documents in Task 2
Award to Contractor: Within 72 calendar days of submission of Final Documents in Task 2
Task 4A - Construction Phase Services
ENGINEER will provide office support services during the construction phase of the project. By
performing these services, ENGINEER shall not have authority or responsibility to supervise,
Final 03/08/04 Page 6
direct, or control the Contractor's work or the Contractor's means, methods, techniques,
sequences, or procedures of construction. ENGINEER shall not have authority or responsibility
for safety precautions and programs incident to the Contractor's work or for any failure of the
Contractor to comply with laws, regulations, rules, ordinances, codes, or orders applicable to the
Contractor furnishing and performing the work. This scope is based on one construction contract
with a total duration as specified in the attached schedule from OWNER council approval of
construction contract. It is the expectation that the OWNER will provide full-time resident field
inspection. Specific services to be performed by ENGINEER related to the construction contract
are as follows.
1. Review the Contractor's insurance certificates and bonds and forward the certificates to the
OWNER for acceptance by the OWNER's attorney. ENGINEER's review of the insurance
certificates is only for the purpose of determining if the Contractor maintains the general
types and amounts of insurance required by the contract documents, and is not a legal review
to determine if the Contractor's insurance coverage complies with all applicable
requirements.
2. Conduct a preconstruction conference. ENGINEER shall prepare an agenda for the
conference, and prepare and distribute minutes. The preconstruction conference will include
a discussion of the Contractor's tentative schedules, lines of communication, procedures for
transmittal and review of the Contractor's submittals, processing payment applications,
critical work sequencing, change orders, record documents, and the Contractor's
responsibilities for safety and first aid.
3. Review and comment on the Contractor's initial and monthly updated construction schedule
and advise OWNER as to acceptability. One review per calendar month is included.
4. Review the Contractor's initial and updated schedule of estimated monthly payments
(estimated cash flow) and advise OWNER as to acceptability.
5. Shop Drawing Review: Review drawings and other data submitted by the Contractor as
required by the construction contract documents. ENGINEER's review shall be for general
conformity to the construction contract documents and shall not relieve the Contractor of any
of his contractual responsibilities. Such reviews shall not extend to means, methods,
techniques, sequences, or procedures of construction, or to safety precautions and programs
incident thereto. ENGINEER anticipates up to review of 40 Contractor shop drawings
submittals and that no more than 20 submittals will require resubmittal. It is anticipated that
it will require an average of 4 hours engineer time, 1 hour of admin time, and .5 hour of
Project Manager time to review submittals.
6. Receive guarantees, bonds, and certificates of inspection, and tests and approvals which are
to be assembled by the Contractor in accordance with the construction contract documents,
and transmit them to OWNER.
7. Provide up to 8 hours of construction observation per month for the project manager and 16
hours for a field engineer to observe progress of the work, and consult with OWNER,
Final 03/08/04 Page 7
OWNER's resident engineer, and the Contractor concerning problems and/or progress of the
work.
8. Interpret construction contract documents when requested by OWNER or the Contractor.
Prepare and issue clarifications when required. Up to twenty (20) requests for information
(RFIs) are anticipated. It is anticipated 5 hours per RFI for engineer time, 1 hour for project
manager, and 1 hour for administatrive will be required.
9. Review and process the Contractor's monthly payment requests, and forward to OWNER as
appropriate. ENGINEER's review shall be for the purpose of making a full independent
mathematical check of the Contractor's payment request. ENGINEER shall be responsible
for verifying the quantities of work which are the basis of the payment requests.
10. Provide documentation and administer the processing of up to four (4) change orders,
including applications for extension of construction time. Evaluate the cost and scheduling
aspects of all change orders and, where necessary, negotiate with the Contractor to obtain a
fair price for the work. Said negotiation shall be subject to the approval of OWNER. Work
related to unusually complex or unusually numerous claims or requests for clarifications
shall be considered Supplemental Services.
11. Upon completion of the project, revise the construction contract drawings to conform to the
construction records and record drawings maintained by the Contractor. Submit one set of 3-
mil wash -off mylar originals and two full-size bond copies to the OWNER. As-Builts will be
unsealed and unsigned, as they contain information not produced by the Engineer.
12. Analyze data from performance testing of equipment by the Contractor or supplier when the
construction contract documents require the equipment to be tested after installation. Submit
conclusions to OWNER.
13. Upon substantial completion, review the work and prepare a list of the items to be completed
or corrected before final completion of the project (punch list). Submit a summary of the
review to OWNER and the Contractor.
14. Upon completion or correction of the items of work on the punch list, conduct a final review
to determine if the work is completed. Provide written recommendations concerning final
payment to OWNER, including a list of items, if any, to be completed prior to making such
payment.
15. Apply for consent of surety for final payment.
16. Provide a certification of completion of the work to the OWNER.
Task 4 Schedule:
Final 03/08/04 Page 8
Contractor Submission and City Approval of Substantial Completion: Within 360 calendar days
of OWNER Notice to Proceed to Contractor
Contractor Submission and City Approval for Final Completion: Within 30 calendar days of
submission of Substantial Completion
ENGINEER Construction Phase Services are limited to a construction duration of 390 calendar
days from OWNER Notice to Proceed to the Contractor. These service cover engineering
construction management for one construction package only at the existing Shadow Creek Water
Plant.
SUPPLEMENTAL SERVICES
In addition to the basic services described above, ENGINEER will perform the following special
services.
1. ENGINEER shall obtain the services of a Registered Professional Land Surveyor to perform
a topographic survey on the Shadow Creek site to produce a field survey of existing facilities
and topographic mapping. One set of topographic map files in digital format will be provided
to the OWNER.
2. ENGINEER shall obtain the services of a geotechnical subconsultant to perform a
geotechnical field investigation. The investigation shall include borings at the proposed
ground storage tank and elevated storage tank site. A total of 10 borings is included. A
geotechnical report identifying the findings and recommendations of the field investigation
will be prepared. The geotechnical subconsultant will perform an investigation of the
construction site for loading and preparation of site. Input will be provided on the
requirement for this site preparation work.
3. ENGINEER shall obtain the services of a subconsultant to prepare a report of
recommendations for cathodic protection systems proposed facilities. The recommendations
will be incorporated into the design of the facilities.
4. FACTORY WITNESS PUMP TESTS: ENGINEER, within the 48 contiguous United States,
will travel to factory of the submitted pump manufacturer to observe the pump test as
required by the specifications. ENGINEER has allowed 20 hours for the test, inclusive of
travel time.
SPECIAL SERVICES
Special Services are those services which are not included in the Basic or Supplemental Services,
but may be needed at some time during the execution of the project. These Special Services will
be authorized on an as -required basis by a separate notice to proceed from the OWNER.
1. With the exception of one trip to Austin to visit the TCEQ and one trip to the pump
manufacturers testing facility, travel outside of Houston/Pearland area.
2. Reproduction of additional reports or contract documents not specifically identified as a
Basic Service.
Final 03/08/04 Page 9
3. Provide supporting information to the OWNER in support of their funding source for this
project such as, but not limited to: Economic Development Agency grant or Texas Water
Development Board
4. Response and incorporation of any City of Houston comments received past 45 calendar days
from any submittal.
5. Any preliminary, detailed design, or construction management work for work located outside
the existing Shadow Creek Water Plant location.
6. Prepare and submit permits as needed to Harris County Flood Control District.
7. Preliminary design of more4han one alternative.
8. Detailed design for more than one tank material.
9. Computer modeling of distribution system.
10. Any wetlands, environmental, or antiquities assessment.
11. Contracting, coordination of, and payment to construction testing laboratory.
12. Services required for acquisition of land, easements, and right-of-way.
13. On- or off -site materials testing
14. Resident engineering or inspection
15. Any work not identified as Basic or Supplemental Services above.
SCHEDULE
The anticipated duration of the entire project is approximately 22 calendar months from notice to
proceed. The attached schedule outlines the allowed duration of each task and activity.
Extension of construction phase services
Final 03/08/04 Page 10
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