R2006-154 09-25-06
RESOLUTION NO. R2006-154
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 PRELIMINARY ENGINEERING
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND
ELECTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract, 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 a contract for preliminary engineering services associated with
the anticipated 2007 Bond Election.
PASSED, APPROVED and ADOPTED ~hiS th;:~mber, A.D., 2006.
~REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
()a, . It.. Ct---
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-154 9/25/06
C+ .,.,..,
CONTRACT FOR PROFESSIONAL SERVICES ~ D), 'l
THIS CONTRACT is entered into on!xo.~ 2 r , 2006 by and between the ~O*
City of Pearl and ("CITY") and Freese-Nichols, Inc. ("CONSULTANT"). 07 D'> (
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Preliminary Engineering Report for the East Mary's Creek Detention Basin
("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 prepare a
Preliminary Engineering Report for the East Mary's Creek Detention Basin
as described in SCOPE OF SERVICES. See Exhibit A, attached, for a
detailed SCOPE OF SERVICES and PROJECT schedule. The PROJECT
schedule shall be submitted in digital and hard copy form in the Microsoft Project
for Windows format.
B. The CONSULT ANT 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
CONSUL T ANT 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 fonnat. 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 TIP 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 oftrus 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
CONSULT ANT, 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 CONSULTANT 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 CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT
-2-
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
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 II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end December 31,2006.
SECTION ill - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly rate, as detailed in
Exhibit A. Total compensation for the services performed shall not exceed
$102,043.00.
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
CONSUL T ANTS 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
montWy basis.
SECTION IV - THE CITY'S RESPONSmILITIES
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
CONSUL T ANT 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
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub-consultant( s) or in any way affect the CONSULTANT'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 2010 East Broadway Pearland, Texas 77581.
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 ifthe 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 vn - 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 CONSUL T ANT 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 M day of ~ ~006.
~
CITY OF PEARLAND, TEXAS
Bill Eisen, City Manager 9/25/06
r-
---
~~!.-.~ c
CONSULTANT
-6-
EXHIBIT A
A TT ACHMENT SC
SCOPE OF SERVICES AND RESPONSffiILITIES OF OWNER
ARTICLE I
BASIC SERVICES: FNI shall render the following professional services in connection with the
development of the Project designated as Preliminary Engineering Report for East Mary's Creek
Detention Pond:
I. Coordinate and attend meetings with the OWNER to establish scope and requirements for the
Project and discuss Project progress and resolve Study issues. Attend two meetings with
Brazoria County Drainage District No.4 (BDD#4) to discuss Project and gather information
on Mary's Creek ultimate section and right-of-way.
2. Gather available pertinent information, reports, floodplains maps, boundary and
topographical survey and mapping ofthe 70-acre site, and other related information, all
provided by the OWNER. Study the documents and prepare a base map for the Project. This
map would also be used to display the current approved floodplain boundary.
3. Using Hydraulic Report and H&H Models provided by the OWNER for Mary's Creek, study
and conduct sufficient hydraulic detention pond routing analysis to prepare a preliminary
layout for a regional detention pond within the designated site. Pond configuration will take
into account potential wetland areas, Mary's Creek's easement, and property boundary
limitations. Pond will be laid out with 20' to 30' maintenance berm around it. Based on the
configuration and depth of pond, estimate the ultimate capacity ofthe pond. Conduct
sufficient preliminary engineering to partition the pond for a Phase 1 construction consisting
of approximately 150 acre-ft storage capacity.
Based on the Hydraulic Report and H&H Models provided by the OWNER for Mary's
Creek, optimize a broad-crested weir size so as to utilize the basin volume as efficiently as
possible. Provide weir size for Phase 1 construction and Ultimate development. In doing
this, a Phase 1 construction and Ultimate development restricted outfall discharge pipe will
be sized.
4. A geotechnical investigation of subsurface conditions will be conducted to address concerns
about pond side slope stability, soil excavation issues in pond construction, water table levels,
and other related matters which might impact pond configuration, depth, size, and
construction cost. To do this, it is proposed to conduct 8-25' deep borings scattered over the
70-acre tract and 3 piezometer set ups to read and evaluate water table level. It is intended to
use the 6-25' deep borings recently conducted on same site for Dixie Farm Road widening
small detention pond in this proposed geotechnical investigation. (sub-consultant)
5. Expand the January 2004 Phase I Environmental Site Assessment (ESA) report prepared for
25 acres of 70 acres, to include the entire site, and prepare a new Phase I ESA report. An
Archeological Review and Cultural Resource Survey will be included in this study to
determine if the construction of regional detention pond possess sufficient criteria to require a
detailed study that would evaluate the potential for sites of significant historical, cultural, or
archeological public value on the site. (sub-consultant)
TOFF0604] IPRLN71106\Scope ofSvcs
SC -1
FNI~
OWNER
6. Conduct a Wetland Delineation Study of the 70-acre regional detention pond site to provide
information for the design and construction of this pond. In doing this, information from
previous wetland study conducted for the 25-acre detention pond will be used. Potential
wetlands wiJI be identified and regulatory classification of identified wetlands and
recommended permits and procedures will be provided.
7. Based on the preliminary layout and approximate cross-sections, identifY and compute
preliminary quantities for items of construction for Ultimate and Phase I constructions.
Based on the preliminary items of construction and quantities, prepare a preliminary opinion
of probable construction cost (OPCC) for the Ultimate and Phase I constructions.
8. Prepare Preliminary Engineering Report which would describe the routing analysis,
configuration of Ultimate and Phase 1 constructions of the detention pond, storage capacity,
Phase 1 and Ultimate broad-crested weir size and outfall discharge pipe, quantities and OPCC
for Phase I and Ultimate constructions. Submit three (3) copies of the Draft report for review
and comments (two copies for City and one copy for BDD#4). Upon receipt of comments
from the City and BDD#4, finalize the report and submit three (3) copies of the Final report
including a PDF copy of the entire report.
9. Miscellaneous expenses such as mileage, printing, deliveries, plotting, etc.
Please note that above scope of services does not include field surveying and mapping of site (to be
provided by the OWNER), Mary's Creek hydrologic and hydraulic modeling and recalculation of design
discharge, evaluation of downstream and upstream impacts of withdrawals or discharges from this
regional detention pond, in-field wetland delineations, and actual Corps of Engineers Permitting. It is
also assumed that the flow behavior in Mary's Creek in the vicinity of this regional pond will be
described by a stage-discharge curve and design hydrograph to be provided by the OWNER. No
hydrological analysis of upstream runoff is to be part of this Project.
ARTICLE II
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution ofthis
AGREEMENT and agrees to complete the services called for in Article I so as to deliver completed
DRAFT Letter Report within (90) calendar days thereafter from the receipt of Hydraulic Report and H&H
Models and topographical mappings of the entire site. Upon receipt of review comments from the City
and BDD#4, deliver completed Final Report within 30 calendar days thereafter.
IfFNI's services are delayed or suspended in whole or in part by OWNER for more than 90 days through
no fault of FNI, FNl may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE III
RESPONSmILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not
to delay the services ofFNl:
A. 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,
T:OFF06041 IPRLN71 1 061Scope of Svcs
SC -2
FNI~
OWNER
receive information, interpret and define OWNER'S policies and decisions with respect to FNI'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 FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports, surveys, maps, and any other data relative to the Project.
D. Arrange for access to and make all provisions for FNI to enter upon public and private property
as required for FNI to perform services under the AGREEMENT.
E. Provide Mary's Creek's Hydraulic Report and H&H Models for the purpose of this Study.
F. Provide boundary and topographical survey and mapping for the entire 70-acre tract on which this
pond is to be located.
ARTICLE IV
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives:
Owner's Designated Representative - (Doug Knuepper, P. E., 3519 Liberty Drive, Pearland, Texas
77581, (281) 652-1657)
FNI's Project Manager - (Mehran (Ron) Bavarian, P. E. 2010 East Broadway, Pearland, Texas 77581,
(281) 485-2404)
FNI's Accounting Representative - (Judy Blair, 2010 East Broadway, Pearland, Texas 77581, (281) 485-
2404 )
T:OFF0604] IPRLN7! ] 06\Scope of Svcs.
SC -3
FNI --?/5
OWNER
A TT ACHMENT CO
COMPENSATION
A. Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis
of the Schedule of Charges but shall not exceed $102,043. The breakdown of charges is as
follows:
1. Project Meetings, Management, & Coordinations $ 5,000
2. Gathering, studying and preparing base map $ 8,100
3. Detention pond routing analysis, sizing and configuration $ 24,000
4. Geotechnical Investigation (Cost + 10%) $ 14,653
5. Phase 1 ESA (Cost + 1 0%) $ 9,790
6. Wetland Delineation Study (Cost + 10%) $ 13,200
7. Quantities and Construction Cost Estimates $ 8,800
8. Preliminary Engineering Report, reviews & responses,
and revisions $ 16,500
9. Misc. Expense Budget (Cost + 10%) $ 2,000
TOTAL $102,043
If FNI sees the Scope of Services changing so that additional services are needed other than those
listed in Scope of Services or more man-hours needed to study more alternate route options, FNI 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. Schedule of Chan!es:
(See Attached)
T:OFF06041\PRLN\71 J 06\Compensation
CO -1
FNI '"?;7~
OWNER
""",' I .'. ,-
. . .
- -:. :~' ... i: ~ r" - _ ". I
~ .t :~....',"A~"* >~:
Freese
NichOlS,Inc.
Engineers
Environmental Scientists
Architects
2010 East Broadway Pearland, TX 77581-5502 281/485-2404
281/485-4322 fax www.freese.com
SCHEDULE OF CHARGES
POSITION
PRINCIPAL OF FIRM
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CAD DESIGNER
CAD TECH
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
EXPENSES
Plottin!!
Bond
Color
Vellum
Mylar
$ 2.50 per plot
$ 5.75 per plot
$ 5.00 per plot
$10.00 per plot
Printin!!
Bluelines/B lacklines
Offset and Xerox Copies
Black & White
Black & White
Color
Color
Binding
Computer and CAD+
PC & CAD Stations $ 10.00 per hour
Milea!!e
$.45 per mile
MIN
175
165
145
100
80
60
55
65
65
60
MAX
225
175
165
120
100
65
65
75
80
70
$0.13 per square foot
$0.10 per single sided copy
$0.20 per double sided copy
$0.50 per single sided copy
$1.00 per double sided copy
$5.75 per book
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 staff members.
T. IPRLN\FN2D06ScheduleofCharges. doc