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R2007-020 2007-02-12 RESOLUTION NO. R2007-20 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 FREESE-NICHOLS, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH WATER AND SEWER IMPACT FEE STUDY UPDATE. 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 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 a contract with Freese-Nichols, Inc., for engineering services associated with the Water and Sewer Impact Fee Study Update. PASSED, APPROVED and ADOPTED this the 1ih day of February, A.D., 2007. ~Qw TOM REID MAYOR APPROVED AS TO FORM: ~a--' /(. ~ D RRIN M. COKER ' CITY ATTORNEY R2007 -20 File No. 07 -0009 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on r:e.h~' ~ , 2007 by and between the City of Pearl and C'CITY") and Freese and Nichols, Inc.("CONSULTANT"). The CITY engages the CONSULT ANT to perform professional services for a project known and described as 2007 Water and Wastewater Impact Fee Study Update ("PROJECTIl). 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 in connection with the 2007 Water and Wastewater Impact Fee Study Update. 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 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 CUlTent CITY standards. Other support documents, for example, structural calculations, drainage repolts and geotechnical repOlis, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF fOlmat. 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 propeliy, or any en'ors and omissions relating to the performance of any work by the T:OFF06041PIU.RlConlr.c1 for Pro! Servh, 1/5 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 Prope11y 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 OCClUl'ence, and $1,000,000 for propeliy 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, halmless fi'om 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 en'oI's 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 perfonning 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 perfOlmed. The CONSULTANT is not to be considered an agent or employee of the CITY. T:OFF0604IPRLR\ConttaCI for Prof. Services 2/5 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon submittal of final Report. 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 $62,275. 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 deIiverables. C. The CITY shall make payments to the CONSULTANT within thhiy (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 ofthis 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. 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 T:OFF0604lPRlR\Cantracl far Prof. Ser.;e<:. 3/5 CONSULTANT'S responsibility for en-ors or omissions of the CONSULTANT or its sub-consuItant(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 telminate this CONTRACT for any reason- w 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 perfOlmed 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 pOltion 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 incuned 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 palty who will be selected by agreement of the parties. T:OFf06041 PRLRIContracl for Prof. Services 4/5 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 patties. 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 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 telminate 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 12th day of February, 2007. C~EXAS ~ Bill Eisen, City Manager 2/12/07 ~.../~ CONSULTANT T:OFf06IMIPRLRICor,tracl for Prof. Services 5/5 ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I FNI shall render the following professional services in connection with the development ofthe Project: A. BASIC SERVICES: 1. Attend a preliminary conference with the OWNER to establish requirements and design objectives and constraints for the Project and gather available data, maps and other information pertinent to the Project from the OWNER. If necessary, the OWNER will arrange for access to and make all provisions for FNI to enter upon public and private propelty as required to gather information to perform services outlined below. 2. Discuss with and obtain from the OWNER current information On current city limits and maps, land use, population, water and sewer connections, construction permits, etc. 3. Review and assess the effect of any new State Regulations on the preparation, review, and approval procedures for the Project. 4. OWNER will conduct a 10-yr. and 20-yr. Market Study to update information on population, demographics, school enrollments, employment, capital improvements, residential and commercial growths, and land use. OWNER will provide to FNI a bound repolt to include as an Attachment to the final Impact Fee Report. FNl will coordinate and review the Market Study RepOlt. (See Additional Services) 5. Review and update the water consumption and wastewater treatment demand volumes per service unit based on the information to be received from the OWNER for the past five (5) years. 6. Coordinate with OWNER to receive and review Land Use Assumption Map for inclusion in the study update. 7. Update 2002 population and housing data, using City's database and Market Study, to get the 2007-2017 projections for development of impact fee rates. 8. Based on population and service unit 10-yr. and 20-yr. projections, update the Demand versus Existing Water and Wastewater Plant Capacities analysis. 9. Update construction costs associated with the water and wastewater capital improvements projects listed in the 2002 Study which have not been implemented. 10. With assistance fi'om the OWNER, receive and review comprehensive water and wastewater modeling repOlts and obtain list of CIP projects listed in these rep0l1s and their associated detailed costs. (see Additional Services) 11. With assistance from OWNER, identify from comprehensive water and wastewater planning reports and other sources, a list of new water and wastewater projects that are impact fee eligible projects and the OWNER intends to include them in the study update. T;OFFowt ]\PRLR\Sco~ of Svos.doc SC - 1 FNI OWNER A IT ACHMENT SC 12. Develop construction costs for other new projects. 13. Study Cllfrent service unit factors for possible modifications and/or addition of more classifications. 14. Identify those project costs eligible for impact fee reimbursement and update the 2002 impact fees for the City and Shadow Creek Ranch in accordance with current state law. 15. Attend one meeting with City Finance Department to coordinate to receive updated finance charges on projects which in 2002 Update Report were included with their finance charges. (See Additional Services) 16. Update the 2002 Water and Sewer Impact Fee Study including update for the Shadow Creek Ranch. 17. Prepare and submit DRAFT Report for OWNER's review. 18. Assist the OWNER in preparation of Public Hearing Notification (cost of publication to be paid by OWNER). 19. Assist the OWNER's staff at the Advisory Board meetings, City Council, and a public hearing. 20. Conduct five (5) periodic meetings with the OWNER's staffto discuss the progress ofthe project. 21. After incorporating the OWNER's comments, submit ten (10) copies of the bound Final Rep01t to the OWNER. B. ADDITIONAL SERVICES: 1. Additional meetings, coordination, and reviews, with City staff on Market Study RepOlt beyond one meeting and RepOlt review (4 man hours). 2. Additional meetings and coordination with City's Water and Wastewater Systems Modeling Consultants to obtain the necessary detailed costs for projects which are to be considered for the Impact Fee update. If such detailed costs are not available from consultants, develop these costs. 3. Additional meetings and coordination with City finance staff associated with obtaining updates 011 financing charges on projects listed in 2002 Update Report or new projects which OWNER desires to list in this manner. ARTICLE II TIME OF COMPLETION: FNI 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 Final DRAFT of the 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 RepOlt. OWNER will provide the Market Study Report within (45) calendar days after FNI is authorized to commence work on the Project. T:OFF06IH1\PRLRlScope ofS\"C'.doc SC -2 FNI OWNER ATTACHMENTSC IF FNI's services are delayed or suspended in whole or in part by OWNER for more than 90 days through no fault ofFNI, FNI may be entitled to equitable adjustment of rates and amounts of compensation. ARTICLE III RESPONSffiILmES OF OWNER: OWNER shall pelform services as outlined in Section IV of the contract between OWNER and Consultant and the items described in the Alticle I (Scope of Services) as peltain to OWNER deliverables. ARTICLE IV DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - (Doug Kneupper, 3519 Libelty Drive, Pearland, Texas 77581, (281) 652-1650) 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:OFF0604IIPRLRlScope ofS,"Cs.doc SC - 3 FNI OWNER ATTACHMENT CO COMPENSATION A. Not to Exceed: The total fee for Basic Services and Additional Services in Attachment SC shall be computed on the basis of the Schedule of Charges but shall not exceed, $62,275. The breakdown of charges is as follows: 1. BASIC SERVICES: a. Project Meetings, Management, Analysis & Updating Report $ 55,945 b. Misc. Expense Budget (Cost + 10%) Subtotal, Basic Service Fee $ 1.100 $ 57,045 2. ADDITIONAL SERVICES. AS NEEDED: a. Additional meetings & coordination with City staff on Market Study Report. $ 1,110 b. Additional meetings & coordination with City's Water and Wastewater Modeling Consultants & develop project costs. $ 3,010 c. Additional meetings & coordination with City's Finance Dep81tl1lent on projects finance charges. Subtotal, Additional Service Fee $ 1.110 $ 5,230 GRAND TOTAL $ 62,275 If FNI sees the Scope of Services changing so that additional services are needed other than those listed in Scope of Services, 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 Cbarl!es: (See Attached) T:OFF06<llIIPRLN\71106\Coll1p<nsation CO -1 FNI OWNER liL --. ",c ~.. . ~ - 0 Freese and N i c h 0 ls, 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 HOURLY RATE PRINCIPAL OF FIRM OFFICE MANAGER SENIOR PROJECT MANAGER PROJECT MANAGER PROJECT ENGINEER DESIGN ENGINEER GIS TECH SR. CAD DESIGNER CADTECH RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANAL YST WORD PROCESSING/SECRETARIAL $215 $185 $155 $125 $100 $ 90 $ 65 $ 65 $ 60 $ 75 $ 80 $ 65 The ranges and individual salaries will be adjusted annually. EXPENSES Plottin I! Bond Color Vellum Mylar $ 2.50 per plot $ 5.75 per plot $ 5.00 per plot $10.00 per plot Pl"intin{! BluelineslBlacklines Offset and Xerox Copies Black & White Black & White Color Color Binding $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 COJDnuter and CAD PC & CAD Stations $ 10.00 per hour Mileal!e $.53 per mile 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, transpol1ation 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 statfmembers.