R2002-0078 05-13-02 RESOLUTION NO. R2002-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH WALSH/FREESE AND NICHOLSFOR
ENGINEERING SERVICES ASSOCIATED WITH UPDATING THE CITY'S
IMPACT FEE STUDY.
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
Walsh/Freese and Nichols, 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 Walsh/Freese and Nichols, for engineering
services associated with updating the City's Impact Fee Study.
PASSED, APPROVED and ADOPTED this the 13 dayof May ,
A.D., 2002.
TOM REID
MAYOR
ATTEST:
q-Y SECRETARY
APPROVED AS TO FORM'
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-78
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter"City"), and Walsh/Freese and Nichols, Inc. (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: Update water and sewer impact fee study
EngineedSubconsultant(s) Fee Basis of Compensation
Walsh/Freese and Nichols $37,430 Hourly Reimburseable
CDS Research $4,400 Reimburseable
Maximum Contract Amount $41,830
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: 150 Days
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 shall
be one of the following methods:
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 Iow 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.
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 prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. 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.
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.
(3)
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.
(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.
EXECUTED and EFFECTIVE as of the 13 day of Ma.y
,20 02
CITY OF PEARLAND
Bill Eisen
City Manager
STATE OF TEXAS
COUNTY Of
, Engineer
By:
Printed Name:
Title: ~?~-~ h'q,,~-.~',"
~.~,BEFO. I~E, ME, the undersigned Notary Public, on this day personally appeared
· t/ ,~i .~,~ ,,~ , 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
Of .. '??~2~7 ,A.D.,20.~,2
~~ PERLA N, LEHMAN
~[.:f,,,:l~'~'t~ Notary Pub, o, State of Texas
~,.~] My Commission Expires:
~ ~. APRIL 'P, 2.005
STATE OF TEXAS §
COUNTY OF
AND SEAL OF OFFICE THIS /Z./ DAY
AND FOR THE
STATE OF TEXAS
Printed Name: Z~'/,,~ .'~, ~,~,~.~--
My Commission Expires: ,/J,~,.~/
,/~ BEFORE ME, t,he undersigned Notary Public, on this day personally appeared
g..Jl~J ~l~Ar~ ~../d , 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.
/~IVEN UNDER MY HAND AND
, A.D., 20 0 .~--.
I
LYNETTE WlLSON~
Notary Public, State of Texas
My Commission Expires:
~ 03/10/2005 ~
SEAL OF OFFICE THIS ~ DAY OF
~_O.'I'.~_P,'~Y~_~_B~.C..IN AN FOR THE
Printed Name: ,~)~, I 0 ~)
My Commission Expires: - o_.,,R.:_L~...T.O.~_
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ATTACHMENT SC
ARTICLE I
BASIC SERVICES: WFN shall render the following professional services in connection with the development
of the Project:
1. Attend a preliminary conference with the OWNER to establish requirements for the project and gather
available data, maps and other information pertinent to the Project.
2. Discuss with and obtain from the OWNER current information on land use, 2000 Census population,
housing data, etc.
3. Review and assess the effect of new State Regulations on the preparation, review, and approval
procedures for the Project.
4. Discuss with and obtain from the OWNER a preliminary list of water and sewer capital improvements
needs to aid in updating the water and sewer development plan for 2002-2012.
5. Review previous reports, demographical information, and the preliminary water and sewer capital
improvements needs. Necessary coordinations will be made with OWNER's consultant preparing the
City's Comprehensive Water and Wastewater Plan.
.6. Update 1999 land use assumptions..
7. Update 1999 population and housing data, using computer database, to get the 2002-2012 projections.
8. Develop updated construction costs associated with the water and wastewater capital improvements
program.
9. Study current usage rates for possible modifications to rates and/or addition of more usage
classifications.
10. Identify those costs eligible for impact fee reimbursement and update the 1999 impact fees for the City
and Shadow Creek Ranch in accordance with updated State Law.
11. Update the 1999 Water and Sewer Impact Fee study including update for the Shadow Creek Ranch.
12. Prepare and submit DRAFT Report for OWNER's review.
13. Assist the OWNER in preparation of Public Hearing Notification (cost of publication to be paid by
OWNER).
14. Assist the OWNER's staff at the Advisory Board meetings, City Council, and a public hearing.
15. Conduct three periodic meetings with the OWNER's staff to discuss the progress of the Project.
16. After incorporating the OWNER's comments, submit ten (10) copies of the bound Final Report to the
OWNER.
WFN
OWNER
T:OFF02041X]P55K~ScopeofSvca. SC - I
ARTICLE II
TIME OF COMPLETION: WFN is authorized to commence work on the Project upon execution of this
AGREEMENT and agrees to complete the services called for in Article I so as to deliver a DRAFT of the final
report to the OWNER within (90) calendar days thereafter. An additional period of (60) calendar days will be used
to assist the OWNER during public hearing period, receiving and addressing final comments, and submitting the
Final Report.
If WFN's services are delayed or suspended in whole or in part by OWNER for more than 90 days through no fault
of WFN, WFN may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE III
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay
the services of WFN:
mo
Designate a person to act as OWNER'S representative with respect to the services to be rendered under this
AGREEMENT. Such person shall have contract authority to transmit instructions, receive information,
interpret and define OWNER'S policies and decisions with respect to WFN's services for the Project.
B. Provide all criteria and full information as to OWNER'S requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements.
C. Assist WFN by placing at WFN's disposal all available information pertinent to the Project including
previous reports and any other data relative to the Project.
D. Arrange for access to and make all provisions for WFN to enter upon public and private property as
required for WFN to perform services under the AGREEMENT.
ARTICLE IV
DESIGNATED REPRESENTATIVES: WFN and OWNER designate the following representatives:
Owner's Designated Representative - (Alan Mueller, 3519 Liberty Drive, Pearland, Texas 77581, (281) 652-1650) ·
WFN's Project Manager - (Mehran Bavarian, P. E. 2010 East Broadway, Pearland, Texas 77581, (281) 485-2404)
WFN's Accounting Representative - (Judy Blair, 2010 East Broadway, Pearland, Texas 77581, (281) 485-2404)
T:OFF02041\P55K~Scope ofSvcs. SC - 2
WFN
OWNER
ATTACHMENT CO
COMPENSATION
A. BASIC SERVICES: The total fee for Basic Services in Attachment SC shall be computed on the basis of
the Schedule of Charges but shall not exceed, $36,550.00. IfWFN sees the Scope of Services changing so that
additional services are needed other than those listed in Scope of Services, WFN will notify OWNER for
OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of
Charges. Statements for services shall not be submitted more frequently than monthly.
B. ADDITIONAL SERVICES:
1. Additional Services as described in Article IA of Attachment SC for this Project shall be invoiced
based on subconsultant fee plus 10%. The Additional Services for this Project are as follows:
a. Market Study (subconsultant plus 10%)
$ 4,400
Budget for miscellaneous reimbursables
(prints, mileage, deliveries, etc.) (cost plus 10%)
$ 880
Total Additional Services
$ 5,280
WFN
OWNER
T:OFF02041XP55K\Compensation CO - 1
Estimated Fee Budget
2002 IMPACT FEES UPDATE
City of Pearland
Sr. Project Manager Hr. $125.00 220.00 $27,500.00
Project Engineer Hr. $90.00 10.00 $900.00
Design Engineer Hr. $85.00 10.00 $850.00
Sr. CAD Technician Hr. $50.00 80.00 $4,000.00
Clerical Hr. $55.00 60.00 $3,300.00
Sub-consultant Cost Plus 10% $4,000.00 1.10 $4,400.00
Reimbursables(data purchase, prints,
Mileage, etc.) Cost Plus 10% $800.00 1.10! $880.00
TOTAL $41,830.00
A C E N T U R Y 0 F S E R V I C E
Attachment CO
WALSH/FREESE ° NICHOLS
SCHEDULE OF CHARGES
POSITION
PRINCIPAL OF FIRM
SENIOR CONSULTANT
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADD DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
MIN MAX
165 215
105 105
125 125
110 125
85 95
75 85
45 55
40 45
60 65
65 65
50 55
EXPENSES
Plotting Printing
Bond $ 2.00 per plot Bluelines/Blacklines
Color $ 3.50 per plot Offset and Xerox Copies
Vellum $ 4.00 per plot Binding
Mylar $10.00 per plot Tape Binding
$0.08 per square foot
$0.07 per side copy
$2.00 per book
$1.75 per book
Computer and Cadd
PC Cad Stations $10.00 per hour
PC Stations $ 8.00 per hour
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other
miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work
required to be done by independent persons other than staffmembers.
T: OFF9999\FN2002$cheduleo fCharges wpd
Walsh/Freese and Nichols, Inc. · Engineers · Environmental Scientists · Architects
2010 East Broadway · Pearland, Texas · 77581-5502
281-485-2404 · Fax281-485-4322 · www.freese.com
April 11,2002
Mr. Mehran Bavarian, P.E.
Associate / Office Manager
Walsh/Freese & Nichols
2010 E. Broadway
Pearland, Texas 77588-0760
CDS
MARKET
RESEARCH
MARKETING ANALYSIS
AND COUNCIL
An InterDirect USA Inc., Company
Dear Ron:
Pursuant to our discussion, CDS Market Research (CDS) is pleased to submit this
letter/quotation as our proposal/agreement to perform specific research and consulting
tasks pertaining to your work for the City of Pearland.
CDS will conduct a study and provide economic and market information appropriate for
inclusion in the Impact Fee Study being prepared by your firm. The scope and format will
be simila~ to the previous research reports CDS has provided to your firm. In addition to
the previous scope of work, we will include an assessment of the Shadow Creek Ranch
development. Sources of information to be used for the Shadow Creek assessment will
include reports provided by the client, data from (3DS in house records and field research..
Under Your direction, and as per your requirements, we will review economic base data
and provide updated employment, population, demographic, land use, public education,
road improvement and certain community facility information as available and
appropriate. The subject areas include both the city and the ETJ of Pearland, Texas.
Future projections will be made for a 10-year period.
Our fee quotation for completing the work as described is $4,000.00 plus direct job
expenses not to exceed $200.00. The time required to conduct the update study is
approximately 6 weeks from the date of approval.
Thank you for the opportunity to be of service. If the above arrangements are
satisfactory, please sign and return one copy of this proposal as our formal authority to
proceed.
Respectfully submitted,
R: Kent Dussair
President
Approved:
By:
For:
Date:
0402-39W/FN-PeartandlmpactFeeUpdate
9225 Katy Freeway · Suite 322 · Houston, Texas 77024-1510
(713) 465-8866 · FAx: (713) 465-6975 · E-MAIL: Info@cdsmr.com