R2020-183 2020-09-28RESOLUTION NO. R2020-183
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an amended contract with Freese
Nichols, Inc., in the estimated amount of $192,441.00, to include construction
phase services associated with Surface Plant Package No 1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain amended contract by and between the City of Pearland and
Freese Nichols, Inc., 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 an amended contract with Freese Nichols, Inc. for construction phase
services associated with Surface Plant Package No. 1.
PASSED, APPROVED and ADOPTED this the 28th day of Septe D., 2020.
TOM REID
MAYOR
ATTEST:
CRY AL ROAN, TRMC, CMC
CITY SECRETARY
.U'
APPROVED AS TO FORM: cn;
DARRIN M. COKER
CITY ATTORNEY
Date of Issuance:
Consultant:
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive, Suite 300
Pearland, TX 77581
pearlandtx.gov/projects
Professional Services Contract Amendment
Surface Water Plant - Package 1
09/02/2020 Amendment No.:
Freese & Nichols CoP Project No.:
P.O. No.:
Explanation:
This change order encompasses the following: Amending contract to add construction phase services
5
WA1605-Package 1
2019-00001922
Description of Work
Cost
Time
1 Add Item No. 18 Construction Phase Services Basic Services
$ 152,215.00
810 Days
2 Add Item No. 19 Construction Phase Services Additional Services
$ 40,226.00
0 Days
Please attach back-up documentation.
Cost & Time Change Summary
Cost
Time
Oriqinal Contract:
$ 1,298,809.00
0 Days
Previous Amendment(s):
$0 . 00
0 Days
Contract prior to this Amendment:
$ 1,298,809.00
0 Days
Net increase (decrease) from this Amendment:
$ 192,441.00
810 Days
Revised Contract:
$ 1,491,250.00
810 Days
Finance Approval:
Date
10/15/2020
ACCEPTED*:
APPROVED:
09/08/2020
By: - . _ . _ Date By:
-,d �_
->' Date
10/07/2020
Consultant
Project Manager
By:
'",!� Date
10/15/2020
Owner
*Consultant agrees to perform change(s) included in the Contract Amendment for the price and
time indicated. The prices for changes included all costs
associated with this Contract Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until
this
Amendment is executed.
Upon execution by all parties, the following changes identifies for the contract value and/or contract time shown, are made part of the
Design 1 of 1
D4. Revised 7/08
10497 Town and Country Way, Suite 600 • Houston, Texas 77024 • 713-600-6800 • fax 713-600-6801 www.heew i on,
September 1, 2020
Skipper Jones
Assistant Director of Capital Projects
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Surface Water Treatment Plant
Package 1— Raw Water Intake and Pump Station
Construction Phase Services Proposal
Dear Mr. Jones:
Freese and Nichols, Inc. (FNI) appreciates the opportunity to submit to you our proposal for providing
professional procurement and construction phase engineering services to the City of Pearland for the
Surface Water Treatment Plant, Package #1.
FNI will render professional services in connection with the development of the Project as defined in the
attached Scope of Services included as Exhibit A. We are sending the following attachments as back-up
for the scope and fee:
• Exhibit A — Scope of Work
o Attachment A-1 — Proposal for Hatch (Electrical)
• Exhibit B — Detailed Cost Breakdown
FNI proposes to complete the design effort for a total fee of $219,027 compensated on a Time and
Materials, Not to Exceed, basis. This total includes Basic Services at $178,801 and Owner Directed Services
at $40,226. See the following table for a breakdown summary of Basic Services and Additional Services.
The proposed fee will be discounted by the amount previously authorized for procurement and
construction phase services as part of ASR 3 and ASR 4, as shown in the table below.
Procurement . Construction
I
Project Management
$39,000
II
Procurement Phase Services
$12,747
III
General Representation, Construction Phase Services
$127,054
IV
Owner Directed Services
$40,226
Procurement/Construction Phase Services
September 1, 2020
Page 2 of 2
Subtotal
$219,027
ASR 3
Review fifteen (15) construction submittals and resubmittals
$10,562
ASR 4
Review fifteen (15) construction submittals and resubmittals
$9,640
Review and answer ten (10) bid clarifications
$6,384
$16,024
Grand Total to Be Authorized
$192,441
FNI developed the enclosed scope and fee to achieve the City's stated budgetary goals. In order to achieve
the City's goal, we reduced the scope below what we would typically recommend for a project of this size
and complexity. The proposed budget does not allow for any services or resolution of issues outside of
those specifically stated in the scope. We believe there is a risk that another contract amendment may
be necessary if challenges arise during the construction phase outside of those specifically referenced in
the scope. We respect and understand the City's approach to the work and budget management and will
continue to work towards a common goal.
Upon authorization by the City, FNI will proceed with performance of professional services defined in
Exhibit A.
Thank you for your consideration and please contact me if additional information is necessary.
Sincerely,
David Munn, P.E.
Project Manager
Purpose
15 Septe'715er 2020
To: Mayor and City Council members
Good and clear update and preview for the intricate
and complex Surface Water Treatment Plan.
Foresight and experience making progress and saving
Memo money on very important investment for water,
examples shared about the pre package and how that
To: Clay Pearson, City Ma ager is paying off. Pictures after text show the progress to
date. State TWDB causing some delays overall. Clay
From: Skipper Jones, Ass' tant Dir —
CC: Trent Epperson/,Assistant City Manager
Robert D. Upto , P.E., Director Engineering
Clarence Witt er, Director Public Works
David Van ' er, Assistant Director Public Works
Date: Septemb§(r 17, 2020
Re: Surface Water Plant Engineering Construction Phase Services
This memo provides information about the progress on the Surface Water Treatment Plant project's current
status and the forthcoming proposed award of the Balance of Plant GMP for the CMAR, three contract
Amendments for Engineering Construction Phase Services and one additional Task Order for Owner's
Representative Construction Phase Services. These contracts are scheduled for presentation to Council on
the September 28, 2020 meeting agenda.
Background
The Surface Water Treatment Plant project is designed to provide up to 10 million gallons per day (MGD) of
safe clean drinking water forthe citizens of Pearland beginning in January2023. This facilitywill supplement
ground and other surface water sources currently in operation and reduce the City's dependence on
expensive water supplied through an existing take or pay contract with the City of Houston on the far west
side of the City.
Design of the facility was split into 3 design packages and awarded separately with Freese & Nichols
managing Package 1: Site Drainage and Raw Water Lift; CDM -Smith managing Package 2: Treatment Plant
and associated facilities; and Stantec managing Package 3, high service pumps and building, ground storage
and transmission lines.
Council awarded the Construction ManagerAt Risk Pre -Construction Services contract to PLW WaterWorks
in April 2019 and awarded the Early Works Package 1 (EWP1), in the amount of $7,479,256.00 in February
2020. TWDB issued a final approval in late April for this package. Early Works Package 2 (EWP2) was
awarded in April 2020 in the amount of $13,758,502 and TWDB issued their approval in mid-June.
Current Status
Work on portions of the two Early Works Packages began on site almost immediately with large portions of
the rough site work and drainage now underway or partially complete. Soil foundation work for the plant's
several buildings and ground storage tank are also now nearing completion. Deep foundation work is well
underway on the thickeners and wash water recovery basins. The Early Works package has allowed the
deep foundation work to be done without the need or cost of expensive shoring. Progress on the early works
packages is observable in aerials photos attached to the end of this memo. The site rough grading and
preliminary drainage is in place making the site workable even after the heavy rains experienced in late July
and early August.
The CMAR received bids for the manufacture and supplyof plant membrane units in late -February 2020 and
Staff has recently completed work with the Design Consultant to negotiate final equipment package details
to improve the performance of the membrane equipment and to incorporate manufacturer performance
recommendations. These were necessary to obtain the increased thru-put capacity desired. The membrane
package, consisting of three racks of membrane modules, piping, valving, pumps, instrumentation and
controls, will have the ability and capacity to process the required 10 Million Gallons per Day (MGD) of
drinking water.
All three design consultants submitted plans and specifications to TCEQ for final approvals in July. At this
time TCEQ has completed their reviews of Packages 1 and 2. All three Packages were also submitted to the
City for permitting in early August on schedule. Plans have been designated as ISSUED FOR BID as they
have not been finally approved by TCEQ, TWDB or the City constituting approximately 90% design level of
effort. The CMAR advertised for bids to his pre -qualified bidders and held Pre -Bid meetings July 7th and 10th
to answer any questions and provide clarifications for all bid packages. The packages contain the Balance
of Project (BOP) work and form the basis for the CMAR's final GMP. Bid packages were assembled to
maximize the economies of scale including labor, material and equipmentwhere possible. Other, "Equipment
Only" packages were developed to group like equipment, such as pumps, into one purchase to capture these
economies.
Bids were received in August and the CMAR has reviewed and analyzed each bid to ensure that the sub-
contractor or vendor has included the entire scope of work and understands all specifications. The vetting
process has included interviews of perspective sub -contractors in which Staff and the Owner's Rep have
participated to ensure qualified sub's are awarded contracts and that cost reduction recommendations from
these sub's were taken into consideration for Value Engineering purposes.
The CMAR submitted bids to self -perform three packages within the BOP work and was low bidder on two
of those: Yard Piping and Membrane and the Chemical and Granular Activated Carbon (GAC) facilities. The
third package was the Dewater Deep Structure Equipment package which will ultimately be awarded to the
low bidder, an MBE contractor. In all such cases, the CMAR submitted his bid to the Owner's Representative
24 hours before competitors bids were received.
Working from the submitted results the CMAR delivered a preliminary GM P in late August along with a list
of potential Value Engineering options that, once analyzed, could reduce the Cost of Work by as much as $1
million dollars further. That Preliminary GMP is currently $135,997,681. This is the total for ALL Work
INCLUDING the Pre -Construction Services ($1,092,320) the previously awarded Early Works
Packages totaling $21,237,758 leaving the Balance of Project Costs of $113,667,603. As VE items are
reviewed and accepted the GMP will reduce further. Staff will present this Guaranteed Maximum Price
(GMP) to Council for approval and award on September28th.
The following table lists the packages and their respective costs that make up the balance of project work
that produce the GMP.
%-Jivir %—VaL
ul canuvvvr r
Cost of Work
6,986,600
EWP1
$ 6,970,160
EWP2
$ 12,866,502
Balance of Plant
$105,728,304
Total Cost of Work
$125,564,966
Fee*
$ 6,023,378
Preconstruction
$ 1,092,320
Bonds and Insurance*
$ 3,317,017
TOTAL GMP
$135,997,681
Authorizations
Preconstruction $ 1,092,320
EWP1 $ 7,479,256
EWP2 $ 13,758,502
Balance of Plant $113,667,603
*Total of All Packages
Balance of Plant — Cost of Work
General Conditions
$
6,986,600
Site Logistics
$
3,916,812
Bid Pkg 02.04 Transmission Lines
$
15,928,205
Bid Pkg 02.05 Yard Pipe
$
8,096,100
Bid Pkg 02.06B site Paving
$
2,391,534
Bid Pkg 02.06D site Fencing
$
365,000
Bid Pkg 11.02 Hor. Split Face Pumps
5
230,677
Bid Pkg 11.03 vertical Turbine Pumps
$
792,678
Bid Pkg 11.04 Submersible Pumps
$
556,570
Bid Pkg 11.05 Sl de and weir Gates
$
66,780
Bid Pkg 11.06 Dewatering Equipment
$
1,887,000
Bid Pkg 11.07 GAC Equipment
$
2,094,635
Bid Pkg 15.01 Pipe and valves
$
3,792,000
Bid Pkg 16.01 Electrical & Controls
$ 18,482,096
Bid Pkg 16.04 Generators
$
1,559,867
Bid Pkg 20.01 RwPS
$
4,544,570
Bid Pkg 20.02 Dewater complex
$
4,009,000
Bid Pkg 20.03 Pre -Treatment
$
4,232,500
Bid Pkg 20.04 Membrane complex
$ 14,338,000
Bid Pkg 20.05 commercial Bldgs
$11,182,680
Bid Pkg 20.06 Control Structure
$
275,000
In the interim, the final plans from all three design packages have been sealed and submitted to City Plan
Review for permitting. Any changes coming out of the permitting process will be handled by internal change
orders between the CMAR and their Sub -Contractors without impacting the GMP.
Budget Info
Funding Sources
Series
To Date
Future
Total Budget
W/S Revenue Bonds
2017B
6,012,500
Land
6,012,500
Impact Fee - Debt
2017B
6,012,500
12,415,111
6,012,500
W/S Revenue Bonds
2018A
4,325,000
113, 667, 603
4,325,000
Impact Fee - Debt
2018A
4,325,000
3,125,014
4,325,000
W/S Revenue Bonds
2019A
10,500,000
10,500,000
Impact Fee - Debt
2019A
10,500,000
10,500,000
W/S Revenue Bonds
2020A
53,800,000
53,800,000
Impact Fee - Debt
2020A
53,800,000
53,800,000
W/S Revenue Bonds
14,562,500
14,562,500
Impact Fee - Debt
14,562,500
14,562,500
Total Funding Sources
149,275,000
29,125,000
178,400,000
Expenditures
To Date
Future
Total
PER
9,376,810
9,376,810
Land
59,455
500,000
559,455
Design
12,415,111
2,950,992
15,366,103
Construction
22, 330, 078
113, 667, 603
135, 997, 681
Construction Management/Inspection
3,125,014
3,125,014
Construction Material lsTesting
462,860
462,860
FF& E 2,000,000 2,000,000
Total Expenditures 44,644,313 122,243,609 166,887,922
Project Balance/Contingency 11,512,078
`Project budget and contingency w ill be reviewed, and final project budget will be reflected for future debt sales.
Schedule Info
At this time, the Design portion of the project is largely complete with minimal design or plan changes
anticipated for permitting and final State approvals. The Design Consultants have all met their planned
delivery dates. The previous efforts to get early work packages (EWP1 and EWP2) started has paid off in
that a good deal of site work is already underway despite the delays in approvals at TWDB and the rain days
experienced on site in June and July.
However, TWDB's approval of work packages has been slow. Work contained in Early Works Package 1
was not approved by TWDB until April 21 st. Some portions of work in Early Works Package 2 was finally
approved on June 10th leaving some portions still un -approved. Initially, individual bid packages within the
Early Works packages were being reviewed and assessed as if each sub -contract package was a separate
project requiring independent review, duplication of all front-end documents and environmental clearances.
Seeking to maintain the project schedule, Staff provided MTPs to the CMAR for portions of these packages
as soon as TWDB approvals came in. As a result, portions of field work were able to proceed but, progress
has suffered from these delays due to TWDB's slow approval procedures and their lack of complete
understanding of the CMAR process. TWDB is in the process of creating their review/approval processes
for this alternative delivery methodology. The combination of lack of understanding and absences of existing
procedures is at the heart of these delays. The project Team met with TWDB in early June and presented an
informational package containing an in-depth discussion on the CMAR process as described in Title 10:
Chapter 2269.255 of Government Code. This discussion focused on the commercial aspects of the sub-
contractor bidding process, the development of sub -contract bid packages and offered guidance for the
development of TWDB's forthcoming procedures.
Although TWDB's procedures are being created at this time, the delay to the work has cost the project
approximately six months in the overall schedule. Schedule recovery discussions with the CMAR indicate
that "float" available in the original schedule has now been consumed by the TWDB delays and has pushed
construction completion into December 2022 and commissioning of the plant into early 2023 versus a
planned completion of mid -year 2022 with full operations and testing complete before December 2022.
Timing for final water to the system will be dependent on the project schedule for Plant Commissioning. The
exact Commissioning schedule is anticipated to be early first quarter of 2023 but will be refined based upon
system components beginning to come on line. Our current Water Model indicates that a delay into early
2023 will not cause an impact on our water system.
Proposed Construction Completion LL December -22
Rain Days: 18
Base Line
Current
Design Start- Package 1
August -19
September -19
Design Start- Package 2
February -19
March -19
Design Start - Package 3
August -19
September -19
Bid Start
March -20 j
January -19
Construction Start
Mav-20 I'
June -20
Proposed Construction Completion LL December -22
Rain Days: 18
DMAR) process. The original base line
schedule was projected using the design -bid -build process. The date shown as Bid Start originally referred tc
Early Works Packages but has been changed now to reflect bidding forthe GMP
Next Steps
As the project moves into the Balance of Project (BOP) Construction Phase, engineering contracts will need
to be amended to provide engineering services during construction or "Construction Phase Services". All
three Design Consultants will be needed forthe Construction Phase, albeit at differing levels of involvement,
based on the complexity of earlier design contributions. Additionally, The Owner's Representative Master
Service Agreement contract with Ardurra will require the addition of Task 5 for Construction Phase Services.
Construction Phase services were not included in any of the previous Preliminary or Final Design contracts
in order to simplify those scope definitions and fee negotiations.
All three Design Consultant Packages will be presented as contract amendments to the existing Final Design
Services contracts. All three Contract Amendments will have very similar scopes of services and will be
based on an Hourly Not to Exceed billing. Scope of work in all three will contain but may not necessarily be
limited to:
• Personnel hours for attending on-site progress meetings as well as virtual meetings during
construction and occasional site visits to monitor work progress and quality control.
• All three will contain hours for review of material and product submittals,
o addressing Requests for Information (RFIs).
o This work will include hours for sub -consultant involvement where the source of design was
vested in third parties contracted to the prime consultant.
• Each proposal will also include hours for project completion and assistance during start up services
which will include inspections at substantial and final completion for the major components within
their respective packages.
• Hourly fees for the creation of record drawings from the CMAR's redlined records.
• Each proposal will include hours for additional services as authorized which will cover hours for
o unforeseen problem resolutions, additional submittal review and approval work,
o redesign of work to meet constructability issues and
o additional hours for extended startup and commissioning services if required.
Staff Plan to bring all three proposals; Packages 1, 2 & 3, for Construction Phase services to Council for
award at the September 28th meeting.
Package 1, Freese and Nichols' proposal includes Basic Services in the amount of $152,215 and Additional
Services of $40,226 for a total of $192,441
Package 2, CDM/ Smith's proposal includes Basics Services in the amount of $1,315,721 and Additional
Services of $603,380 for a total of $1,919,101.
Package 3, Stantec's proposal includes Basic Service in the amount of $688,640 and Additional Services of
$150,810 for a total of $839,450.
Finally, Staff will bring Task Order #5 for Ardurra Group's Owner's Representative contract for Construction
Phase Services. This scope of work is based on Hourly, Not to Exceed basis and consists of Basic Services
includes hours for continued coordination with TWDB on funding issues and TCEQ for regulatory issues
during construction as well as hours for continuing to coordinate between design package consultants,
attending monthly progress meetings, trouble shooting and problem resolution all under the Project
Management category. Basic Services total $1,339,405
Additional Services (also Hourly, Not to Exceed) include site inspection and construction management based
on the 27 month construction and start-up schedule, on-call as authorized water system modeling,
coordination and responsibility for completing the Operations and Maintenance Manual, performing a
feasibility analysis including 3 alternatives for the future development of a plant forebay and engineering
support during the 12 month warranty period. Additional Services total 1,785,609. Total for all Owner's
Representative Construction Phase services during construction is $3,125,014
Recommendation
On April 271h Staff will recommend that Council:
• Approve the Guaranteed Maximum Price for the project of $135,997,681 and Award to Balance of Project
Amendment to PLW Waterworks
• Approve amendments to all three Design Package contracts for Construction Phase Services
• Approve the amendment to the Owner's Representative's contract for Construction Phase Services
Previous Memos
6/10/16, 2/2/17, 3/9/17,4/13/17, 3/29/18, 01/10/19, 08/01/19, 08/08/19, 12/05/19, 1/23/20, 3/05/20, 4/16/20
View from Southeast cornershowing GST soil foundation in forefront. Behind and further north in the
foundation for the High Service Pump building and west of that is the foundation for the Operations
control building.
Mustang Bayou on right and GCWA source water canal on left. Foreground shows foundations for De -
Watering and Belt Press Filter building with Sludge Thickeners, and BFP Pump Basin in the center.
Further east is the Pre-treatment facility foundation followed immediately by the membrane building
foundation. This photo was taken during the heavy rains at the end of July.
This photo shows progression of the deep foundation work on Sludge Gravity Thickeners and the Belt
Filter Press Pump Basin. This photo was taken in early August showing preliminary concrete
foundations. These components are part of the "deep foundation" work from Early Works Package 2.
Note the laid-back walls of excavation to allow the work to be performed without the use of expensive
shoring.
.�r ..
Ir
Jb
4011
';- siu ltr, �.` ....� _.. �. -•��-� - 4r"`ax"''S+� i�.,
.'1 G � lf�
This is the same Gravity Sludge Thickeners and BFP Pump Basin approximately two weeks later
showing progression of the work. This photo was taken about two weeks later, mid-August showing
extensive soil foundation work going in around the preliminary concrete.
CAUTiON.
Oft
0 '.%UI
rI
This photo was taken at the end of August showing concrete formwork and reinforcing for the concrete
floor of the Gravity Sludge Thickener with the Belt Press Pump basin in the background.
2WIr
`� .' , � I' IN
This shows the soil foundation for the GST with casting beds for tank wall and roof panels and
installation of under -floor drain piping being installed bythe tank sub -contractor DN Tanks.
-.la.....,r........ _."�„L_.. -'-'kik,.✓•... r"�'---
ti
This shot was taken from the west end looking east showing the beginnings of the De Watering Belt
Press Filter building foundation in the foreground with Sludge thickeners towards the center of the
site. East of that is the foundation work for Pre-TreatmentfaciIityand then the Membrane building.
Further east are the foundations for the Operations building and the Maintenance building.
r
j* 11
s r �•
-.la.....,r........ _."�„L_.. -'-'kik,.✓•... r"�'---
ti
This shot was taken from the west end looking east showing the beginnings of the De Watering Belt
Press Filter building foundation in the foreground with Sludge thickeners towards the center of the
site. East of that is the foundation work for Pre-TreatmentfaciIityand then the Membrane building.
Further east are the foundations for the Operations building and the Maintenance building.