R2006-153 09-25-06
RESOLUTION NO. R2006-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES
ASSOCIATED WITH UPDATING THE CITY'S WATER MODEL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services associated with updating
the City's Water Model, 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 for professional services associated with
updating the City's Water Model.
PASSED, APPROVED and ADOPTED this the 25th day of September, A.D., 2006.
(~J~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(Ja.-. It, fN-
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-153 9125106
vJ '
(] "j, /') "
CONTRACT FOR PROFESSIONAL SERVICES <:C,,,-, ~~.
THIS CONTRACT is entered into on 0 DJv ~13 ~ , 2006 by and between the
City of Pearl and ("CITY") and MWH Americas, Inc. ("CONSULTANT"). r " .
1'0; c' i r~lb
The CITY engages the CONSULT ANT to perform professional services for a project known and
described as Water Model Update ("PROJECT").
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide engineering services to update the CITY's
water model and run supply scenarios as described in SCOPE OF WORK.
See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT
schedule/milestones. The PROJECT schedule shall be submitted in digital and
hard copy form in the Microsoft Project for Windows format. Microsoft Project
scheduling is not applicable to this CONTRACT.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and/or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULTANT 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
CONSULTANT, 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 anyone 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 anyone person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT 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, and/or reduced in
coverage or in limits ("Change in Coverage") except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
G. The CONSULTANT 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 CONSULT ANT 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, to the extent caused by the negligent
act or omission of the CONSULTANT, his officers, employees, agents, or
subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
-2-
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION n - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end January 31,2007.
SECTION nI - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly rate, as detailed in
Appendix I. Total compensation for the services performed shall not exceed
$78,500.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to approval of the preliminary design <- % plans), payments to
the CONSULTANT shall not exceed _ % of the total CONTRACT
amount. Not applicable to this CONTRACT.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed _% of the total CONTRACT
amount. The final approval and payment will be made within a reasonable
period of time regardless of the project construction schedule. Not
applicable to this CONTRACT.
3. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 95% of the total CONTRACT amount prior to submittal of the
final report deliverables.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV - mE CITY'S RESPONSffiILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
-3-
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSUL T ANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant(s) or in any way affect the CONSUTANT's status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 5100 Westheimer, Ste 580, Houston, TX 77056.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
-4-
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI - ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
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.
SECTION VII - COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
-5-
SECTION VIll- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this /3 -t't--day of OGfv ~. ,2006.
~
CITY OF PEARLAND, TEXAS
Bill Eisen, City Manager, 9/25/06
"
l\~~
CONSULT ANT
/VI u/ 1-/ I1f"'1 C',/L:-i-o:2-t Jr G
M, fV\-O~:p 6 /hYL) tflvJ _ ~
p)' r~v!-o/' jY) 55 S'E j) / V 10 I .oJ
I
-6-
Exhibit A - Scope of Work
Task A - Water Model Update
CONSULTANT will update the water model for four (4) model run years (2010, 2015, 2020,
and 2025). The water model will be updated in two steps as outlined below in Land Use and
Population Projection Update and Pipe Network Update:
Land Use and Population Projection Update
CONSULTANT will update the model with land-use data provided by the CITY for estimating
future water demands in the system. This task will be coordinated with the CITY and
consultants that are working on this information. Land use and population projections will need
to be provided for the four (4) model run years (2010, 2015, 2020, and 2025) by the CITY.
Consolidated land-use maps prepared by the CITY in digital form will be required for the update.
These maps will need to incorporate the land use from all relevant planning documents,
including the CITY's ETJ and future planning zones. In using the digital maps, it is assumed
that the CITY's existing GIS land use maps can be used for this purpose with minimal changes.
A single meeting is anticipated.
Pipe Network Update
CONSULTANT will update the attributes of pipes currently in the model as well as add
additional existing pipes to the model based on information gathered from the CITY. Information
will be provided to CONSULTANT at one day meeting with Public Works. All pipe material
information obtained shall be incorporated directly into the computer model for easy future
reference and use. Pipe network update will be limited to the major lines (i.e. piping skeleton,
typically lines 12" and greater) of the CITY and MUD 5 distribution systems and will not
include subdivision pipe networks. Consolidated pipe network maps prepared by the CITY in
digital form will be required for the update. In using the digital maps, it is assumed that the
CITY's existing GIS pipe network maps can be used for this purpose with minimal changes.
This task also includes adding piping to accurately reflect pump station header piping, storage
tank headers, and other related piping that is currently represented in the model in simplified
form. Descriptions of operational parameters, in both text and logic formats, will be provided for
the entire system and for each controlled facility. Operational parameters include valve settings
and controls for pumps, tank levels, and plants. This task will also include incorporating pump
characteristic of any new pump stations. The diameter, bottom, minimum, and maximum water
elevations for each tank will be included as available. In addition, elevated tanks with non-
cylindrical shapes will have their depth versus volume curve input for accurate modeling.
Altitude valves will be modeled where appropriate, as well as tank piping that allows for water
fill and withdrawal from the tank. Diurnal curves will be reviewed with Public Works to
confirm applicability. Updates to the diurnal curves are not anticipated. After model updates
CONSULTANT will validate the model. Model validation will be performed using steady state
elevated tank conditions, water mass balance, and 5 water pressure nodes curves from the
existing wastewater SCADA system.
-7-
Task B - Well Addition
CONSULTANT will add the proposed 1 MG elevated storage tank and 2 MGD well near FM
518 and 288 to updated current use model from Task A. CONSULTANT will use modified
model to predict impacts to current supply and system capacity. CONSULTANT will also
predict when the baseline plus this additional supply will need to be supplemented by additional
supply sources. This prediction will be based on the CITY's land use and population projections
and require the CITY to provide a population projection growth curve. The prediction will be
done outside the model, using demand requirements established in the previous Master Plan and
TCEQ standards.
Task B - Source Water Addition Scenarios
CONSULTANT will evaluate the impacts on the CITY's pipe network for four (4) model run
years (2010,2015,2020, and 2025). The supply water will include the existing well sources, new
FM 518 and 288 well, and three major point sources. The three major point sources include:
· City of Houston connection at Shadowcreek (Shadowcreek)
· City of Houston connection at Alice (COH Alice)
· Gulf Coast Water connection southwest corner of the CITY (GCW A)
The major point sources listed above will be phased into service as identified in the following
scenanos:
Water Source Capacity (MGD)
Scenario Shadowcreek COB Alice GCWA
2010 6 10 -
2015 6 10 10
2020 6 15 10
2025 (Build-out) 6 15 20
These scenarios will be confirmed in a meeting with the CITY along with the location of the
GCW A connection prior to any scenario modeling. Additionally, a sensitivity analysis on the
pipe network will be run by varying the ratio of COH Alice and GCW A sources by as much as
10 MGD. Budget is based on scenarios listed above.
Specific services to be performed bv CONSULTANT are as follows:
· All modeling will be performed with H2O MAP Water software, Suite 6.0.
· Utilizing the model created under a previous contract and updated in Task A, modify water
source capacities identified in scenarios above to predict impacts on pipe network line sizes.
· Prepare draft technical memorandum summarizing assumptions, modeling modification, and
tabular and graphical summaries of impacts on pipe network line sizes as compared to
Baseline. (3 color hard copies of draft will be provided)
· Attend one (1) draft review meeting of draft technical memorandum.
-8-
. Prepare final technical memorandum summarizing assumptions, modeling modification, and
tabular and graphical summaries of impacts on pipe network line sizes as compared to
Baseline. (5 color hard copies of final will be provided and 1 CD in PDF format)
· Attend one (1) results summary meeting. If required a summary presentation of results will
be prepared and given at results summary meeting. The summary meeting is anticipated to
be a Pearland City Council workshop.
· Impacts are limited to identification of line sizes only, no scope or budget are included for
opinion of probable construction costs, cost of source water, etc.)
The Project Schedule milestones are as follows:
· CITY will provide CONSULTANT data requested in this Scope of Work and be available
for requested meeting within 1 week after notice to proceed of this PROJECT.
· Draft Technical Memorandum will be submitted 8 weeks after notice to proceed ofthis
PROJECT.
· Final Technical Memorandum will be submitted 2 weeks after draft review meeting.
Compensation:
The Compensation to be paid to CONSULTANT for the performance of the Services under this
PROJECT is set forth in Appendix I (Compensation), attached hereto and incorporated herein by
reference.
Deliverables to be provided under this Task Order are as follows:
· Draft Technical Memorandum
· Final Technical Memorandum
· Electronic Copy of Modeled Scenarios Files (H2O files extensions)
-9-
Appendix I
COMPENSA nON - Hourly Rate
1.0 COMPENSATION
1.1 CITY shall pay to CONSULTANT as Compensation under this PROJECT at the rates set
forth in the rate schedule attached hereto as Exhibit 1 ("Rate Schedule") and incorporated herein
by reference.
1.2 Compensation shall include non-salary expenses and outside services attributable to the
Project, consisting of:
1.2.1 Living and traveling expenses of employees when away from the home office on
business connected with the Services at the rate of 1.1 times actual cost;
1.2.2 An associated project cost ("APC") rate for telecommunications, postage, computers,
word processors, incidental photocopying, and related equipment in the amount of $9.29 per
labor hour;
1.2.3 A CAD rate in the amount of$16.53 per computer aided design/drafting hour to cover the
hardware, software and related expenses of CAD; and
1.2.4 The actual cost of outside services and subcontractors at the rate of 1.1 times the actual
cost.
1.3 Charges for Services provided by CONSULTANT's approved water quality laboratory
shall be in accordance with the published laboratory fee schedule in effect at the time the
services are furnished.
1.4 CLIENT will pay CONSULTANT additional compensation for labor and expenses
incurred by CONSULTANT in responding to or and assisting with any audit required by
CLIENT, or any other federal, state and local government agencies. The basis of payment
will be the CONSULTANT's normal commercial rate for such services unless otherwise
defined by an amendment to this Agreement.
Electronic payment may be made to the following address:
Bank name
Bank address
Wells Fargo
1000 Lakes Drive, Suite 250
West Covina, CA 91790
Priscilla Frazier
626/919-6602
MWH Americas, Inc.
4945081503
121000248
Bank contact
Beneficiary
Beneficiary alc
ABA routing
-10-
EXHIBIT 1
RATE SCHEDULE
1. The rates provided below shall be in effect from April 1, 2006 to March 3 1, 2007.
2. Services provided by CONSULTANT's personnel. in various labor categories will be billed at the
following negotiated hourly rates (inclusive of salary, overhead, and fee):
Labor Category Hourly Rate
Vice President or higher $225
Principal Professional $185
Supervising Professional $150
Senior Professional $125
Professional $100
Associate Professional $85
Senior Designer $115
Designer $100
Administrative $80
3. All other expenses will be billed at cost plus 10%.
-11-