R2006-197 11-27-06
RESOLUTION NO. R2006-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH FLATIRONS
ENGINEERING, INC. FOR DESIGN SERVICES ASSOCIATED WITH THE
SCADA EXPANSION PROJECT.
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
Flatirons Engineering, 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 a contract with Flatirons Engineering, Inc., for design
services associated with the SCADA Expansion Project.
PASSED, APPROVED and ADOPTED this the 27'h day of November, A.D., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-197
11/27/06
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on October 1. 2006 by and between the City of Pearland
("CITY") and Flatirons Engineering. Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Dept. of Water SCADA Expansion ("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 execute the items outline in its Proposal to the City
dated September 20, 2006. See Exhibit A, attached, for a detailed SCOPE OF
WORK and PROJECT schedule. The PROJECT schedule shall be submitted in
digital and hard copy form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSUL T ANT 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 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
Su
CONSUL T 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,
CONSUL T ANT 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.
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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end December 31,2007.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly not to exceed rate. Total
compensation for the services performed shall not exceed $50,000.
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 2!L % of the total CONTRACT
amount.
2. Prior to approval of the final design documents, payments to the
CONSULT ANTS shall not exceed ..1Q.... % 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.
3. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed -2!L % 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 - THE CITY'S RESPONSIBILITIES
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 proj ect manager.
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 CONSUL T ANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSUL T ANT'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.
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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 350 Interlocken Blvd, Ste 108, Broomfield,
CO 80021. 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.
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.
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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 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.
SECTION VIII- 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 8, day of November 2006.
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Bill Eisen, City Manager 11/27/06
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CONSULTANT
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Flatirons Engineering, Inc.
350 Interlocken Blvd, Ste 108
Broomfield, CO 80021
(303) 962-0880
September 20, 2006
City of Pearl and
Water & Wastewater Department
3519 Liberty Drive
Pearland, TX 77581
ATTENTION:
Mr. Bobby Whisenant, Department Manager
(Office: (281) 692-0895) (Fax: (281) 692-0903)
REFERENCE:
FEI Reference No. FEI0616
CITY OF PEARLAND, TX WATER DEPARTMENT
SCADA SYSTEM EXPANSION SUPPORT PROPOSAL
Dear Bobby:
Flatirons Engineering, Inc. (FEI) is pleased to present this proposal to provide engineering
services for the City of Pearl and Water Department SCADA System. This proposal includes
a Scope-of-Work to address specific needs identified during FEI's site visit of September 14
to September 15,2006, as well for ongoing, as-needed support services. FEI proposes the
following Scope of Work to address the immediate needs of the City. Each item is described
in detail in Exhibit A:
1. FEI proposes to perform this project on a time-and-materials basis, with a not-to-
exceed cap; which includes travel cost. Our rate sheet is attached for your reference.
2. FEl to provide engineering services and assist the City in integrating the following
water treatment facilities:
a. Cullen Water Treatment Plant
b. Southeast Water Treatment Plant
c. Liberty Water Treatment Plant
d. Mary's Creek ( 518) Water Treatment Plant
3. FEI to provide startup support to ensure the smooth transition as these facilities are
connected to the existing SCADA system.
4. Provide as-needed technical support and training to City's maintenance staff.
5. It is not the intent of this proposal to provide an all inclusive turn-key design and
execution project. FEI shall provide electrical and control designs sufficient for
purchasing and construction. With regards to the PLC software, FEI shall provide
working models, which has been previously tested and deployed.
6. FEI understands that it is the City's intent to provide resources to configure SCADA
system, which, as discussed, may include up to four additional nodes. However,
should the City require additional assistance, FEI will be available with the knowledge
Proposal to City of Pearland
Attn: Mr. Bobby Whisenant
Re: SCADA System Expansion Support
Dated: September 20,2006
Page 2
that scope of work may be reduced. As situations arise, we will keep you posted on the
impact of resources and time.
7. FEI understands that the City shall provide resources to assist with the field
investigation of electrical equipment, additional hardware, I/O signals and installation
of the new equipment, which may include additional pumps, drives, instrumentation,
PLC and communication equipment.
8. As noted during our initial meeting, it is anticipated that the City will use its internal
staff or hire Contractor(s) to construct the changes. Please be advised that FEI does
not assume any responsibility or liability with regards to the performance of City
personnel or other contractors.
9. The City, at its option, may choose to provide the required software and PLC
hardware. FEI does not assume any performance guarantee, responsibility or liability
for the equipment if it is not purchased according to our recommendations.
10. This Scope of Work excludes development of existing facility drawings.
FEI is pleased to offer an upper limit $50,000.00 including expenses for the Scope of Work
outlined above and in Exhibit A. Invoices shall be submitted monthly. Our term is 30 days
from the date of invoice.
We trust that this proposal is responsive to your needs. We appreciate the confidence you
have shown in granting us this opportunity, and we look forward to continuing to work with
you and your staff. Should you have any questions, need any clarifications, or require further
details, please call.
Sincerely,
Flatirons Engineering, Inc.
Sang V. Nguyen, P.E.
President
ENCLOSURES:
Exhibit A - Detailed Scope-of- Work
FEI 2006 Labor Billing Rates
cc: File FEI0616
D. Herman/FEI
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FEJ06I 6PROPO l.DOC
Proposal to City of Pearl and
Artn: Mr. Bobby Whisenant
Re: SCADA System Expansion Support
Dated: September 20,2006
Page 3
EXHIBIT A
DETAILED SCOPE OF WORK
SCADA SYSTEM EXANSION
I. Cullen Water Treatment Plant
. The existing GE PLC and its control logic shall be retained.
. FEI shall provide controls design to connect the station to the SCADA system.
. FEI to provide startup support services.
. City to provide electronic copy of drawings for as-builting.
. City to provide SCADA programming services.
. City to provide purchasing and construction services.
2. Southeast Water Treatment Plant
. FEI shall provide controls design to covert the station's controller to a GE
PLC. As much as reasonable, existing City PLC stock shall be used.
Additional hardware or software shall be identified for the City to purchase.
· FEI will assist the City in developing a control strategy for the station.
. Since this will be the first GE PLC, FEI proposes to provide the PLC
programming services to implement the control strategy.
· FEI to provide startup support services.
· City to provide electronic copy of drawings for as-builting.
. City to provide SCADA programming services.
· City to provide purchasing and construction services.
3. Liberty Water Treatment Plant
· FEI shall provide electrical and controls design to covert the station to PLC-
based control. An AB PLC controller shall be designed for the station.
· FE! will assist the City in developing a control strategy for the station.
· Due to instabilities with existing, AB-based PLC programs, FEI proposes to
provide the PLC programming services.
. FEI to provide startup support services.
· City to provide SCADA programming services.
· City to provide purchasing and construction services.
4. Mary's Creek Water Treatment Plant
· Due to the limited budget and uncertainties with the Liberty WTP conversion,
this facility's conversion status will be determined after the execution of the
Liberty station.
· In as much as reasonable, this station's design and application software shall
be based on the Liberty WTP. Therefore the engineering service is limited to
ensuring that the pumps, instrumentation and spatial requirements are satisfied.
· FEI to provide startup support services.
· City to provide SCADA programming services.
· City to provide purchasing and construction services.
FEI0616PROPO I.DOC
Proposal to City of Pearland
Artn: Mr. Bobby Whisenant
Re: SCADA System Expansion Support
Dated: September 20,2006
Page 4
FEI 2006 LABOR HOUR BILLING RATES
The hourly billing rates for the staff category proposed for this project are as follows:
Project Manager
Principal Engineer
Staff Design Engineer
Junior I&C Engineer
Administration
$130
$130
$ 75
$ 60
$ 55
FEJ0616PROPO I. DOC