R2003-0007 01-20-03 RESOLUTION NO. R2003-7
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 THE SOUTH EAST
WATER PLANT.
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 the original of the attached Contract for and on behalf of
the City of Pearland.
PASSED, APPROVED and ADOPTED this the 20thday of January , A.D.,
2003.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
D~RRIN M. COKER~
CITY ATTORNEY
Exhibit "A"
F~2003- 7
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
EXHIBIT
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Freese & Nibhols, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Engineering Services for construction of the South East
Water Plant
Engineer/SubcOnsultant(s) Fee Basis of Compensation
Freese & Nichols, Inc. $281,257.00 Lump Sum
Maximum Contract Amount $281,257.00
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Attachments: Scope of Services - Exhibit A
Project Schedule Exhibit B
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall'
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior CitY
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fai~s to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one percent (1%) per month
from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days'
Written notice to City, suspend services under this Contract until Engineer has been paid
in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work Performed. If the review time should
take longer than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services, Engineer may. retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information .in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Engineer 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 Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1)
(2)
(3)
(4)
Workers' Compensation as required by law.
Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
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 any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer 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, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City..
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the ~ ! day of <~'~:~-y~L .~20 ,~' '.~
CITY OF PEARLAND
Bill Eisen~-~~
City Manager
, Engineer
Printed Name:
Title:
STATE OF TEXAS §
COUNTY OF ~f~r,,~,..- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~o,'/! ~',',5~..,~._ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
.GIV~,~ UNDER MY HAND
Of (~,,~. . . ~/,~ , A.D., 20 O3
t~ ~.~ P~RLA N. L~HMAN
~%.~j My Commlsslo~ Expires:
~ ~ APRIL 2, 2005
AND SEAL OF OFFICE THIS ,~! DAY
STATE OF TEXAS
Printed Name: '~-*//'~ -~ ~.e~,.~.,._~
My Commission Expires: ./4./,,--;t ~ .2oo.S-
STATE OF TEXA~ §
COUNTY OF //,/'J ~ ~ ~ §
/~ BEFOFg, E ME,, the undersigned Notary Public, on this day personally appeared
E..~fO--f'I/~otu,fu--,~ o ,-',. known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
(~~x.flVEN UNDER
MY HAND AND
,A.D.,2f~_...~__.
STATE OF TEXAS
My Commission Expires:
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional
services in connection with the development of the Project:
A. PRELIMINARY AND DESIGN PHASE
1. Attend preliminary conferences with the OWNER to establish requirements for the
Project and review available data.
2. Coordinate to receive from the OWNER topographical, cross-sections, and Right-Of-
Way surveys for water plant site and the transmission line route to State Highway 35.
3. Conduct preliminary and final design of a water plant consisting of a 1,300 gpm water
well, a 1,000,000-gallon welded steel ground storage tank, booster pumps and control
room, chlorination room, ammonia room, yard piping, site work, and all related
electrical and mechanical components.
4. Conduct preliminary and final design of approximately 400 feet of 16" transmission
line from the water plant to the proposed Bailey Road.
5. Conduct preliminary and final design of approximately 3,500' of 30" water
transmission line from the water plant to State Highway 35 including a cased bore
mxd~ ff~erailroad.
6. Conduct preliminary and final design of a 1,000,000 gallon elevated storage tank.
7. Conduct a geotechnical investigation of site for the purpose of the design of the
elevated storage tank. (Subconsultant. See attached proposal.)
8. Prepare construction plans and details showing the proposed water plant, elevated
storage tank, and water transmission line improvements.
9. Prepare Storm Water Pollution Prevention Plans for the Project (special service).
10. Prepare detailed specifications and Contract Documents for the construction authorized
by the OWNER.
11. Prepare detailed cost estimates of authorized construction. FNI shall not be required to
guarantee the accuracy of these estimates.
12. Assist the OWNER in coordination and applying for construction permits from the
railroad company and TxDOT. Railroad permit fee to be paid directly by the OWNER.
13. Conduct periodical monthly meetings with the OWNER to report project progress and
resolve design issues.
14. Furnish to the OWNER five (5) copies of approved Plans, Specifications, and Contract
Documents.
BID OR NEGOTIATION PHASE. Upon completion of the design services and approval
of "Final" drawings and specifications by OWNER, FNI will proceed with the performance
of services in this phase as follows:
Assist OWNER in securing bids. Provide a copy of the notice to bidders for OWNER
to use in notifying construction news publications and publishing appropriate legal
notice. The cost for publications shall be paid by OWNER.
2. Distribute one copy of plans and bid documents to selected plan rooms.
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Assist the OWNER in maintaining information on entities that have been issued a set of
bid documents. Distribute information on plan holders to interested contractors and
vendors on request.
Assist the OWNER by responding to questions and interpreting bid documents.
Prepare and issue addenda to the bid documents to plan holders if necessary.
Assist the OWNER in conducting a pre-bid conference for the construction projects
and coordinate responses with OWNER. Response to the pre-bid conference will be in
the form of addenda issued after the conference. Attend the tour of the project site after
the pre-bid conference (if required).
Assist the OWNER in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to determine
if, based on the information available, they appear to be qualified to construct the
project. Recommend award of contracts or other actions as appropriate to be taken by
OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible
bidders prior to the bid opening is an additional service.
Assist the OWNER in the preparation of Construction Contract Documents for
construction contract. Provide five (5) sets of Construction Contract Documents
which include information from selected contractor's bid documents, legal documents,
and addenda bound in the documents for execution by the OWNER and construction
contractor. Distribute two (2) copies of these documents to the contractor with a
notice of award that includes directions for the execution of these documents by the
construction contractor. Provide the OWNER two (2) copies of these documents for
use during construction. One (1) copy of these documents will be used by FNI during
construction. Additional sets of documents can be provided as an additional service.
0
Furnish contractor copies of the drawings and specifications for construction pursuant
to the General Conditions of the Construction Contract.
CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services,
FNI will proceed with the performance of construction phase services as described below.
FNI will endeavor to protect OWNER in providing these services. However, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI
responsible for supervision of the Contractor's operation and employees. FNI shall not be
responsible for the means, methods, techniques, sequences or procedures of construction
selected by the Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall
not be responsible for the acts or omissions of any person (except its own employees or
agents) at the Project site or otherwise performing any of the work of the Project.
These services are based on the use of FNI standard General Conditions for construction
projects. Modifications to these services required by use of other general conditions or
contract administration procedures is an additional service. If general conditions other than
FNI standards are used, the OWNER agrees to include provisions in the construction
contract documents that will require the construction contractor to include FNI and their
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subconsultants on this project to be listed as an additional insured on contractor's insurance
policies.
Assist OWNER in conducting pre-construction conference(s) with the Contractor(s),
review construction schedules prepared by the Contractor(s) pursuant to the
requirements of the construction contract, and prepare a form for the purpose of
monthly pay estimates of the Project fi.om information provided by the Construction
Contractor.
Establish communication procedures with the OWNER and contractor.
Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Review contractor's submittals, including, requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the Contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
Based on FNI's observations as an experienced and qualified design professional and
review of the Payment Requests and supporting documentation submitted by
Contractor, determine the amount that FNI recommends Contractor be paid on monthly
and final estimates, pursuant to the General Conditions of the Construction Contract.
Make periodic visits to the site (as distinguished from the continuous services of a
Resident Project Representative) to observe the progress and the quality of work and to
attempt to determine in general if the work is proceeding in accordance with the
Construction Contract Documents. In this effort FNI will endeavor to protect the
OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. FNI, however, cannot guarantee the performance of
the Contractor, nor be responsible for the actual supervision of construction operations
or for the safety measures that the contractor takes or should take.
Notify the contractor of non-conforming work observed on site visits. Review quality
related documents provided by the Contractor such as test reports, equipment installation
reports or other documentation required by the Construction contract documents.
Coordinate the work of testing laboratories and inspection bureaus required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality control
of the Project. The cost of such quality control shall be paid by OWNER and is not
included in the services to be performed by FNI.
Interpret the drawings and specifications for OWNER and Contractor(s).
Investigations, analyses, and studies requested by the Contractor(s) and approved by
OWNER, for substitutions of equipment and/or materials or deviations from the
drawings and specifications is an additional service.
Establish procedures for administering constructive changes to the construction
contracts. Process contract modifications and negotiate with the contractor on behalf of
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the OWNER to determine the cost and time impacts of these changes. Prepare change
order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment or
materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and
approved by the OWNER are an additional service. Substitutions of materials or
equipment or design modifications requested by the OWNER are an additional service.
10.
Prepare documentation for contract modifications required to implement modifications
in the design of the project. Receive and evaluate notices of contractor claims and
make recommendations to the OWNER on the merit and value of the claim on the basis
of information submitted by the contractor or available in project documentation.
Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER
if appropriate. Providing these services to review or evaluate construction contractor(s)
claim(s), supported by causes not within the control of FNI are an additional service.
11. Assist in the transfer of and acceptance by the construction contractor of any OWNER
furnished equipment or materials.
12.
Conduct, in company with OWNER's representative, a substantial-complete and final
review of the Project for conformance with the design concept of the Project and
general compliance with the Construction Contract Documents. Prepare a list of
deficiencies to be corrected by the contractor before recommendation of final payment.
Assist the OWNER in obtaining legal releases, permits, warranties, spare parts, and
keys from the contractor. Review and comment on the certificate of completion and
the recommendation for final payment to the Contractor(s). Visiting the site to review
completed work in excess of two trips are an additional service.
13.
Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER. If
additional surveying or inspection is necessary in order to produce accurate and
complete As-Built drawings, then such services by the FNI will be at the Per Diem Rate
attached.
ARTICLE II
ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by
OWNER, which are not included in the above described basic services, are described as follows:
A. Field surveying required for the preparation of designs and drawings.
B. Field layouts or the furnishing of construction line and grade surveys.
C. GIS mapping services or assistance with these services.
D. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
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Providing services to investigate existing conditions or facilities, or to make measured
drawings thereof, or to verify the accuracy of drawings or other information furnished by
OWNER.
Providing renderings, model and mock-ups requested by the OWNER.
Making revisions to drawings, specifications or other documents when such revisions are
1) consistent with approvals or instructions previously given by OWNER or 2) due to
other causes not solely within the control of FNI.
Providing consultation concerning the replacement of any Work damaged by fire or other
cause during the construction, and providing services as may be required in connection
with the replacement of such Work.
Investigations involving consideration of operation, maintenance and overhead expenses,
and the preparation of rate schedules, earnings and expense statements, feasibility studies,
appraisals, evaluations, assessment schedules, and material audits or inventories required
for certification of force account construction performed by OWNER.
Providing shop, mill, field or laboratory inspection of materials and equipment. Observe
factory tests of equipment at any site remote to the project or observing tests required as a
result of equipment failing the initial test.
Preparing data and reports for assistance to OWNER in preparation for hearings before
regulatory agencies, courts, arbitration panels or any mediator, giving testimony,
personally or by deposition, and preparations therefore before any regulatory agency,
court, arbitration panel or mediator.
Furnishing the services of a Resident Project Representative to act as OWNER's on-site
representative during the Construction Phase. The Resident Project Representative will
act as directed by FNI in order to provide more extensive representation at the Project site
during the Construction Phase. Through more extensive on-site observations of the work
in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, FNI shall endeavor to provide further protection for
OWNER against defects and deficiencies in the work. Furnishing the services of a
Resident Project Representative is subject to the provisions of Article IC.
If OWNER provides personnel to support the activities of the Resident Project
Representative who is FNI or FNI's agent or employee, the duties,
Responsibilities and limitations of authority of such personnel will be set forth in an
Attachment attached to and made a part of this AGREEMENT before the services
of such personnel are begun. It is understood and agreed that such personnel will
work under the direction of and be responsible to the Resident Project Representative.
OWNER agrees that whenever FNI informs him in writing that any such personnel
provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such
personnel shall be replaced.
M. Assisting OWNER in claims disputes with Contractor(s).
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N. Performing investigations, studies and analyses of substitutions of equipment and/or
materials or deviations from the drawings and specifications.
Assisting OWNER in the defense or prosecution of litigation in connection with or in
addition to those services contemplated by this AGREEMENT. Such services, if any,
shall be furnished by FNI on a fee basis negotiated by the respective parties outside of
and in addition to this AGREEMENT.
Providing environmental support services including the design and implementation of
ecological baseline studies, environmental monitoring, impact assessment and analyses,
permitting assistance, and other assistance required to address environmental issues.
Q. Performing investigations, studies, and analysis of work proposed by construction
contractors to correct defective work.
Design, contract modifications, studies or analysis required to comply with local, State,
Federal or other regulatory agencies that become effective after the date of this
agreement.
S. Services required to resolve bid protests or to rebid the projects for any reason.
T. Any services required as a result of default of the contractor(s) or the failure, for any
reason, of the contractor(s) to complete the work within the contract time.
U. Providing services after the completion of the construction phase not specifically listed in
Article I.
Providing basic or additional services on an accelerated time schedule. The scope of this
service include cost for overtime wages of employees and consultants, inefficiencies in
work sequence and plotting or reproduction costs directly attributable to an accelerated
time schedule directed by the OWNER.
W. Providing services made necessary because of unforseen, concealed, or differing site
conditions or due to the presence of hazardous substances in any form.
X. Providing services to review or evaluate construction contractor(s) claim(s), provided
said claims are supported by causes not within the control of FNI.
Y. Providing value engineering studies or reviews of cost savings proposed by construction
contractors after bids have been submitted.
Z. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
AA. Provide follow-up professional services during Contractor's warranty period.
BB. Provide geotechnical services as required.
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ARTICLE III
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 IA
(preliminary & Design Phases) so as to deliver completed Plans, Specifications, and Estimates of
Cost for all authorized construction of the project, within (180) calendar days thereafter. Review
periods by City, acquiring approvals and permits have not been accounted for. FNI will proceed
with the performance of the services called for in Article lB and IC (bid and construction phases)
of this agreement until completion of the Project.
IF FNI's services are delayed or suspended in whole or in part by OWNER, or if FNI's services
are extended by the Contractor's actions or in actions for more than 90 days through no fault of
FNI, FNI may be entitled to equitable adjustment of rates and amounts of compensation.
ARTICLE IV
RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner
so as not to delay the services of FNI:
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, receive information, interpret and define OWNER's policies and decisions
with respect to FNI's services for the Project.
Bo
Provide all criteria and full information as to OWNER's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be
included in the drawings and specifications.
Co
Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
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 this AGREEMENT.
Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
FNI.
Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
Go
OWNER shall make or arrange to have made all subsurface investigations, including but
not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations.
OWNER shall also make or arrange to have made the interpretations of data and reports
T:\P55H-2002\SCOPE OF SERVICES DOCdoc
SC-7
FNI
OWNER
Jo
Ko
Oo
resulting from such investigations. All costs associated with such investigations shall be
paid by OWNER.
Upon completion of ground water test hole and receipt of laboratory testing of formation
samples from the contractor, OWNER will determine if test hole meets the requirements
of the State of Texas for a potable water usage prior to construction of permanent well
and other water plant facility.
Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or FNI
may reasonably request with regard to legal issues pertaining to the Project including any
that may be raised by Contractor(s), such auditing service as OWNER may require to
ascertain how or for what purpose any Contractor has used the moneys paid under the
construction contract, and such inspection services as OWNER may require to ascertain
that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order
applicable to their fumishing and performing the work.
OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish
Resident Project Representative service so the Bidders can be informed.
If OWNER designates a person to serve in the capacity of Resident Project
Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and
limitations of authority of such Resident Project Representative(s) will be set forth in an
Attachment attached to and made a part of this AGREEMENT before the Construction
Phase of the Project begins. Said attachment shall also set forth appropriate
modifications of the Construction Phase services as defined in Attachment SC, Article
IC, together with such adjustment of compensation as appropriate.
Attend, coordinate and conduct the pre-bid conference, bid opening, preconstmcfion
conferences, construction progress and other job related meetings and substantial
completion inspections and final payment inspections.
Give prompt written notice to FNI whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or timing of FNI's services, or any defect
or nonconformance of the work of any Contractor.
Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC,
Article II of this AGREEMENT or other services as required.
Bear all costs incident to compliance with the requirements of this Article IV.
T:~55H-2002\SCOPE OF SERVICES.DOCdoc
SC-8
FNI
OWNER
ARTICLE V
DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following
representatives:
Owner's Designated Representative - (Joe Wertz, 3519 Liberty Drive, Pearland, Texas 77581,
(281) 652-1657)
FNI's Project Manager - (Mehran Bavarian, P.E., 2010 E. Broadway, Pearland, Texas 77581,
(281) 485-2404)
FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281)
485-2404)
T:\P55H-2002\SCOPE OF SERVICES.DOCdoc
SC-9
FNI -.~
OWNER
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES
For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees
hereinafter set forth.
A. COMPENSATION:
Preliminary and Design Phases: Based on a preliminary construction cost of $4,100,000
a fee of 7.15% of construction is computed (See Exhibit "A"). However, a 0.75%
reduction is credited to the OWNER for the preliminary and design phase for the use of
applicable design files from the Cullen Blvd. Water Plant. For the purpose of preparing
monthly statement, 85% of the Basic Fee shall be used for Preliminary and Design
phases. Therefore, compensation to FNI for the Preliminary and Design Phases in Article
IA of Attachment SC shall be a lump sum of $223,040 ($4,100,000 x 6.40% x 85%=
$223,040). If FNI sees the Scope of Services changing so that additional services are
needed, FNI will notify OWNER for OWNER's approval before proceeding.
Construction Phase: Based on a preliminary construction cost of $4,100,000, a fee of
7.15% of construction is computed (See Exhibit "A"). For the Construction Phase of the
project, 15% of the original Basic Fee shall be allocated. Therefore, compensation to
FNI for Bid and Construction Phase in Article IB&C of Attachment SC shall be a lump
sum of $43,972 ($4,100,000 x 7.15% x 15%= $43,972). If FNI sees the Scope of
Services changing so that additional services are needed, FNI will notify OWNER for
OWNER's approval before proceeding..
3 Additional Services: For Additional Services as defined in Article IA of Attachment SC,
a total budget of $14,245 is proposed.
Detail concerning the fees is included in this Attachment CO.
B COMPENSATION TERMS:
"Construction Cost" is defined as the total cost to OWNER for the execution of the work
on the construction Project, excluding the fees or other costs for engineering and legal
services and the cost of land, right-of-way, and administrative expenses, but including the
direct cost to OWNER of all current construction contracts, items of construction
including labor, materials and equipment, required for the completed work (including
extras) and the total value at the site of Project of all labor, materials and equipment
purchased or furnished directly by OWNER for the Project.
"Sub-Consultant Expense" is defined as the expense that is incurred by FNI in
employment of others in outside firms for services in the nature of foundation borings,
testing, surveying, process design and similar services that are not included in the Basic
Services.
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
FNI for supplies, transportation and equipment, travel, communications, subsistence and
lodging away from home and similar incidentals in connection with that assignment.
T:OFF02041 kP55h-2002.compensation
CO-1 FNI
OWNER
ATTACHMENT CO
C. BASIC SERVICES:
Upon authorization from the OWNER, FNI shall proceed with the services outlined in
Article IA of Attachment SC. For the purposes of preparing monthly statements for the
preliminary and design phase of the Project, FNI shall submit to the OWNER payment
requests in proportion to that part of the service which has been accomplished as
evidenced by monthly statements. Final payment for Preliminary design phase shall be
due upon the completion of service, whether the work be constructed or not.
Upon authorization from the OWNER, FNI shall proceed with services outlined in
Article IB&C of Attachment SC. Monthly payment requests shall be submitted to the
OWNER for that portion of service which has been accomplished as evidenced by
monthly statements. Final payment for construction phase services shall be due upon the
completion of service.
D. ADDITIONAL SERVICES:
a. Geotechnical Investigation (subconsultant + 10%) $ 5,445
b. Coordination with TxDOT and railroad company and surveyor
(cost not-to-exceed) $ 3,000
c. Storm Water Pollution Prevention Plan (cost-not-to-exceed) $ 2,500
d. Miscellaneous reimbursables (cost + 10%) $ 3,300
Total, Additional Services $14,245
If other Additional Services as described in Attachment SC, Article II, are required FNI shall be
compensated as follows:
Where the services of individuals are supplied by FNI, as authorized by OWNER,
payment for these services will be based on salary costs times a multiplier of 3.00,
except for resident project representative services which will be a flat $65/hour rate
plus mileage.
b. Services for direct non-labor expense and sub-contract expense provided by FNI
shall be reimbursed at actual cost times a multiplier of 10%.
T:OFF0204 l\P55h-2002.compensation
CO-2
OWNER
EXHTU'rT A
CURVE FOR ENGINEERING COMPENSATION
FOR ROADS BRIDGES, AND RELATED SERVICES.
J
I ! I
I I I ,
I !' ! I
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'[ ! I ! I I I '
-- I II I I I
BASIC SERViCEI~i -- PERCENT
J.AJ'
Freese
Nichots, nc.
EXHIBIT "B"
Engineers Environmental Scientists Architects
2010 East Broadway
Pear[and, TX 77581-5502 281/485-2404 281/485-4322 fax
SCHEDULE OF CHARGES
www.freese.com
POSITION
PRINCIPAL OF FIRM
SENIOR CONSULTANT
OFFICE MANAGER
SENIOR PROJECT MANAGER
PROFESSIONAL ENGINEER/PROJECT MANAGER
DESIGN ENGINEER
SR. CADD DESIGNER
CADD OPERATOR
RESIDENT CONSTRUCTION INSPECTOR
CONTRACT/OPERATIONS ANALYST
WORD PROCESSING/SECRETARIAL
The ranges and individual salaries will be adjusted annually.
MIN MAX
165 215
105 105
125 125
110 125
85 95
75 85
45 55
40 45
60 65
65 65
50 55
EXPENSES
Plotting Printing
Bond $ 2.00 per plot Bluelines/Blacklines $0.08 per square foot
Color $ 3.50 per plot Offset and Xerox Copies $0.07 per side copy
Vellum $ 4.00 per plot Binding $2.00 per book
Mylar $10.00 per plot Tape Binding $1.75 per book
Computer and Cadd
PC Cad Stations $10.00 per hour
PC Stations $ 8.00 per hour
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:OFF9999XFN2002ScheduleofCharges.doc
Tolunay-Wong
Engineers,Inc.
November 19, 2002
TWEI Proposal No: P02-751
City of Pearland
c/o Freese and Nichols
2010 East Broadway
Pearland, Texas 77581-5502
Atto: Mr. Ron Bavarian, P.E.
PROPOSAL FOR GEOTECHNICAL SERVICES
ONE MILLION GALLON ELEVATED TANK
SOUTHEAST WATER PLANT
PEARLAND, TEXAS
Dear Mr. Bavarian:
Tolunay-Wong Engineers, Inc., is pleased to submit this proposal to provide geotechnical
services for the proposed Southeast Water Plant in Pearland, Texas. The project consists of construction
of a 1 million gallon elevated tank. Project details were provided by you in our telephone conversation on
November 19, 2002.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing
and the preparation of a geotechnical engineering report documenting our findings and geotechnical
design recommendations.
Field Exploration. We will drill three 60-ft deep exploratory soil borings to evaluate the
subsurface conditions. A total of 180 ft drilling is included. The borings will be drilled with a track-
mounted rig around the proposed tank perimeter in accordance with ASTM D 1586 and ASTM D 1587.
We will secure representative portions of the recovered soil samples and transport them to our laboratory
for testing. W'e will backfill the open boreholes with the cuttings after obtaining water level readings,
about 24 hours after completion.
Laboratory Testing. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include
measurement of the shear strength, total unit weight, in sim moisture content, fines content and plasticity
characteristics of the soils. All laboratory tests will be performed in accordance with appropriate ASTM
standards. We will keep the samples for 30 days after the final rePort is presented. We will discard the
samples after that time, unless instructed otherwise.
10710 S. Sam Houston Pkwy W., Suite 100, Houston, TX 77031 (713) 722-7064 Fax (713) 722-0319
Mr. Ron Bavarian, P.E.
TWEI Proposal No.: P02-751
November 19, 2002
Page 2
Engineering Rel~ort. We will prepare an engineering report that will present our findings and
provide you with geotechnical design and construction recommendations for the proposed tank including:
·
·
·
·
·
·
Soil stratigraphy
Groundwater
Compressive and uplift load capacities of foundation units
Settlement estimates
Lateral load resistance of foundation units
Foundation monitoring program
Budget
Our lump sum cost for the above described services is $4,950.
study assumes that ingress and egress to the site are provided by others.
The cost for the geotechnical
Schedule
We can mobilize our drill crew onsite within two to three days after authorization is given. We
can complete the field work in one day, and issue our engineering report within about seven to ten
working days after completion of the field program. We can furnish you with verbal preliminary
information upon completion of the field work.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to our office. The terms and
conditions of this proposal are included in Exhibit A.
Closing Remarks
We appreciate the opportunity to submit this proposal and look forward to serving you on this
project.
Exhibit A
Accepted by:
Name:
Date:
Attachments:
DOW:be
Sincerely,
TOLUN~NGINEERS, INC.
Daniel~fi/Wong, PI~rD., P.E.
EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNAY-WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of thc attached PROPOSAL. This AGREEMENT between the panics consists of these TERMS, the
attached PROPOSAL and any exhibits Or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties'
interpretations or use of the information developed.
Services performed by thc GEOTECHNICAL ENgINEER under this AGREEMENT are expected by the CLIENT to be conducted in
a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is madc.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to thc site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set'forth in this AGREEMENT. The CLIENT will notify any and all possessors of the project site that CLIENT
has granted GEOTECHNICAL ENGINEER. flee access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHN1CAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality of the performance of the work of any party retained by the CLIENT to provide construction.related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation: If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid.
Page 1 of 2
Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional
charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINATION '
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the
GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not lin'fit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under any one or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action
LIMITATION OF LIABILITY
The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECHNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECHNICAL ENGINEER of such limitation of liability and require a like
limitation on their part in favor of the GEOTECHNICAL ENGINEER. In the event the CLIENT fails to obtain a like
limitation of liability provision, the liability of the CLIENT and the GEOTECHNICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall'not to exceed $50,000 or the amount of the
GEOTE_CHNICAL ENGINEER's fee, whichever is greater. The GEOTECItNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials On or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions o f the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any
claim, liability, and/or defense costs'for injury or loss arising fi.om GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause.
Page 2 of 2
Southeast Water Plant
along Bailey/Oiler road
Pennell tract
Specs 13009pm Well
1 MM Gal welded GST
1MM Gal EST
NH4 and SCADA ready
30" trans to SH35
Engineer FNI
PM Ron Bravarian
Start 1Q03
Basic Engineering
Other Services
Construction
Material Testing
Inpection Services
ROW
Permits
Subtotal
10% Contingency
TOTAL
10%
Quarter
lQ 03 2Q 03 3Q 03 4Q 03 lQ 04 2Q 04 3Q 04
Budget 1 2 3 4 5 6 7
290,000 $ 87,000 $ 87,000 $ 69,600 $ 11,600 $ 11,600 $ 11,600 $ 11,60~-
20,000 $ 20,000
4,100,470 $ $ $ $1,025,118 $1,025,118 $1,025,118 $1,025,11~-
82,000 $ $ $ $ 20,500 $ 20,500 $ 20,500 $ 20,500
41,000 $ $ $ $ 10,250 $ 10,250 $ 10,250 $ 10,250
$ $ $ $ $ $ $
20,000 $ $ 20,000 $ $ $ $ $
4,553,470
455,347 $ 18,214 $ 22,767 $ 4,553 $ 102,453 $ 102,453 $ 102,453 $ 102,45~'
5,008,817 $125,214 $129,767 $ 74,153 $1,169,921 $1,169,921 $1,169,921 $1,169,92~-
X- Check
$ 290,0O0
$ 20,000
$ 4,100,470
$ 82,000
$ 41,000
$
$ 20,000
$ 455,347
$ 5,008,817
Inflation 4% $ 269,403 $ 1,280 $ 2,654 $ 2,275 $ 47,853 $ 59,817 $ 71,780 $ 83,743 $ 269,403
FV ]$ 5,278,220J$126,494 $132,421 $ 76,428 $1,217,774 $1,229,737 $1,241,701 $1,253,664 $ 5,278,220
Construction
Basic Eng Fee
Other Fees
MT
IS
Inflation
$ 4,100,470
$ 290,000 7.072%
$ 20,000 0.488%
$ 82,000 2.000%
$ 41,000 1.000%
$ 269,403 6.570%
.ed
.ately
I
B. Water Capital Improvements Plan
Twenty five projects have been identified and are proposed for the 20-year Capital Improvements
Plan. Eighteen of these projects are for the first 10-year period and seven are for the second 10-year'
period. These projects are briefly described below:
Dixie Farm Road Water Line: A 16-inch water line to replace an existing 8-inch line. The
line will extend from just north of Mary's Creek bypass to near Clear Creek, approximately
8,763 feet long. This line will provide more water in this corridor. Existing tie-in lines are
already 16-inch diameter.
o
State Highway 35 Water Line (Broadway to South): Approximately 9,800 feet of 16-inch
waterline along State Highway 35, extended from Broadway (FM518) to near Oiler Drive.
This line will provide more water along Pearland's major north-south corridor.
o
Magnolia Drive and Veteran's Drive Water Lines: Approximately 4,800 feet of 16-inch
waterline on Magnolia Drive between State Highway 35 and Veteran's Drive and
approximately 2,000 feet of 12-inch waterline on Veteran's Drive, north of Mary's Creek.
These lines will provide adequate water in this area.
Elevated Storage Tank: A 500,000-gallon elevated storage tank at the Garden Road Water
Plant. This elevated tank will provide the required elevated storage needed for the second
1 O-year period.
Southeast Water Plant: A new water plant at Bailey Road and railroad with a minimum
1,300 GPM water well, 1 million-gallon ground storage tank, booster pumps, 'and a 16-inch
connecting line. The well will provide some of the needed well capacity requirement. 16
i
1
1
I
i
o
Elevated Storage Tank: A 1 million-gallon elevated storage tank at the proposed southeast
water plant site. The tank will be needed to meet and exceed the 2012 elevated storage
requirement.
Barry Rose to Green Tee Waterline: Approximately 8,700 feet of 16-inch waterline
extending from Barry Rose to vicinity of Green Tee Terrace Water Plant. This line will
provide looping and additional water for the area north of Clear Creek.
1
!
!
!
!
!
i
o
Veteran's Drive Water Transmission Line: Approximately 5,100 of 24-inch water
transmission line, extending from the proposed 30-inch water transmission line on Bailey
Road (CR101) to Massey Ranch Road (CR 100). This line will provide water supply in
this sector.
Bailey Road water Transmission Line: A 30-inch line approximately 20,600 feet long,
extending from State Highway 35 to FM 1128 with three short 12-inch and 16-inch stub-
outs at Harkey Road, McLean Road, and Veteran's Drive. This large transmission line is
to provide water for the areas north and south of Bailey Road.
10.
Houston Monroe Connection: A water plant consisting of a metering station, 1,660,000-
gallon ground storage tank, 15,000-gallon pressure tank, booster pumps, and other related
components to be constructed to purchase water from City of Houston. Approximately
17
I--
Z
LU
LU
LU
PRELIMINARY CONSTRUCTION COST ESTIMATE
SOUTHEAST WATER PLANT AT BAILEY & RR, I MILLION GALLON ELEV. STORAGE TANK,
AND 30" TRANSMISSION LINE TO SH 35
CITY OF PEARLAND
1 1,300 GPM WELL & ASSOC. WORKS LS $600,000.00 1.00 $600,000.00
2 1,000,000 GAL. GST (WELDED STEEL) LS $475,000.00 1.00 $475,000.00
3 BOOSTER PUMPS, ELECT., CONTROL
CHLORINATION, & AMMONIA BLDGS.,
CHLOR. & AMMONIA EQUIPMENTS,
AND ON-SITE SCADA READY SYSTEM LS $663,000.00 1.00 $663,000.00
4 PLANT PIPING LS $90,000.00 1.00 $90,000.00
5 GENERATOR SET LS $100,000.00 1.00 $100,000.00
6 16" DISCH. LINE TO BAILEY 30" WL LF $45.00 400.00 $18,000.00
7 16" VALVE w/BOX LF $4,000.00 1.00 $4,000.00
8 SITE WORK w/ACCESS ROAD LS $110,000.00 1.00 $110,000.00
9 30" TRANSMISSION LINE LF $110.00 3,400.00 $374,000.00
10 30" CASED TRANS. LINE UNDER RR LF $300.00 100.00 $30,000.00
11 30" BUTTERFLY VALVE & BOX EA $12,000.00 3.00 $36,000.00
12 30"x30"x16" TEE AT WATER PLANT EA $3,000.00 1.00 $3,000.00
13 30"x30"x16" TEE AT SH 35 EA $3,000.00 1.00 $3,000.00
14 SITE & ROUTE CLEARING LS $11,000.00 1.00 $11,000.00
15 TRENCH SAFETY LF $1.50 3,800.00 $5,700.00
16 1,000,000 ELEV. STORAGE TANK LS $1,160,000.00 1.00 $1,160,000.00
17 MISC. DUCTILE IRON FITTINGS TN $3,000.00 15.00 $45,000.00
SUBTOTAL
CONTINGENCIES @ 10%
TOTAL EST. CONST. COST
$3,727,700.00
$372,770.00
$4,100,470.00
file:c:SoutheastW PRevised
Purchased some six month ago was the referenced tract (Pennell) which provides similar utility
as the DFR/SH35 intersection sites, but without the aeronautical, environmental or hidden cost
concerns. This site's utility was further established through the use of the watei system model,
produced as a deliverable with the Master Water Plan. By locating the plant on the Pennell tract
and along the route of the proposed 30' water transmission line watei, pressure in "east"
Pearland was estimated to be 54-58 psi, a significant increase in usable pressure
Project development
Budget development for this project has its roots in the Impact Fee Fund. Attached for Council's
review is staff s budget spreadsheet showing estimates for engineering, surveying, material
testing, inspections, ROW and construction. Noteworthy is that staff is budgeting for the time -
value of money and cash flow within the fund. Also attached are several pages from the 2002
Impact Fee Study which provides cost estimates and project descriptions for the projects pursued
within this proposal. This proposal will build "water project # 5", "water project #6" and a
portion of "water project # 9". Based on the study these projects have combined budget of $
5.251MM, #5 = $2,762,469, #6 = $1,514,500 and the portion of #9 = $1,001,751.
Equipment
Equipment on this site is just as important as the location of it. Proposed for design and
construction is a 1300 gallon per minute well, both chlorine and ammonia treatment, 1MM
Gallon ground storage tank, a 1MM gallon elevated storage tank and 3000 feet of 30" water line.
Identified within the Impact Fee Study was a present statutory deficiency in water supply
capacity of approximately 3000 gpm and booster pump capacity of 4200 gpm. Also projected
within the study is an elevated water storage (EST) volume deficiency in 2012 and a ground
storage (GST) deficit in 2022. Well-known by testing and citizen compliant has been low water
pressure in the eastern portion of the City during peak periods
Consultant selection
Consultant selection started some 11 months ago also. Interviewed for competency were
Montgomery -Watson, Freese -Nichols and Clauch and Miller. Freese -Nichols was selected from
these highly qualified firms due to the very successful development and construction of the
Cullen Water Plant throughout the past two years. With that success and the vision that the
Bailey Road Plant be technically and visually similar FNI was the logical final selection. FNI
also reduced the basic services engineering fee by 0.75 percent due to expected similarities in
design to the Cullen water plant.
Project Benefits
The present day deficiencies and those projected in the future are addressed within this proposal.
First this well combined with the Far Northwest Water plant should add more than 1600 gpm of
supply capacity to the system thus making up more than half of the supply deficiency. Second,
the booster pumps at this facility will provide approximately 1500 gpm of capacity, making up
more than a third of the booster deficit. Thirdly, even though a ground storage deficiency isn't
projected until '22, a GST is proposed to utilize the installed booster pumps which will mitigate
the low-water pressure complaints in eastern areas of Pearland. Fourth, though a elevated storage
deficiency isn't anticipated until `08+/-, this tank will further assist in the normalization of water
pressure throughout the system and provide valuable fire capacity very close to the zoned M-1
and M-2 areas. Lastly the first leg of the 'Trans-' Pearland waterline, a 30" transmission line
along Bailey which will ultimately connect from SH35 to the west side of the City, will be
constructed. This waterline was recommended in the Master Water Plan (update August 2002)
as the backbone for all future water -supply routing for years to come. This segment between the
plant and SH35 is a portion of the line shown for the next recommended improvement scenario,
found in Section 6 and listed as "existing to 10MGD demand' scenario. In all, this project, as
proposed, mitigates or resolves several maim deficiencies in the City's water supply system and
greatly enhances the value of the City's zoned industrial area.
Finances
This project will be funded through the use of unencumbered Impact Fee revenues. Total
revenues projected in this fund over the next 21 months will exceed $4.9 MM The balance of
this project budget will be funded by reprogramming unused contingency funds for closed
projects. These unused amounts presently total over $1.1MM
RECOMMENDED ACTION
The City Manager, Deputy City Manager and the Projects director unanimously recommend the
approval of this budget, project and authorize the City Manager or his designee to enter into
contracts necessary to facilitate this project.
Southeast Water Plant
along Bailey/Oiler road
Pennell tract
Specs 1300gpm Well
1MM Gal welded GST
1MM Gal EST
NH4 and SCADA ready
30" trans to SH35
Engineer FNI
PM Ron Bravarian
Start 1Q03
Basic Engineering
Other Services
Construction
Material Testing
Inpection Services
ROW
Permits
Subtotal
10% Contingency 10%
TOTAL
Quarter
1Q 03 2Q 03 3Q 03 4Q 03
1 2 3 4
1Q 04
5
2Q 04 3Q 04
6
7
$ 290,000
$ 87,000
$ 87,000
S 69,600
$ 11,600
$ 11,600
$ 11,600
$ 11,600
$ 20,000
$ 20,000
$ -
S -
$ -
$ -
$ -
$ -
$ 4,100,470
$ -
$ -
S -
$11025,118
$1,025,118
$1,025,118
$1,025,118
$ 82,000
$ -
$ -
$ -
$ 20,500
$ 20,500
$ 20,500
$ 20,500
$ 41,000
$ -
$ -
S -
$ 10,250
$ 10,250
$ 10,250
$ 10,250
$ -
$ -
$ -
$ -
$
$ -
$ -
$ -
$ 20,000
$ -
$ 20,000
S -
$ -
$ -
$ -
$ -
$ 4,553,470
$ 455,347
$ 18,214
$ 22,767
S 4,553
$ 102,453
$ 102,453
$ 102,453
$ 102,453
$ 5,008,817
$125,214
$129,767
S 74,153
$1,169,921
$1,169,921
$1,169,921
$1,169,921
Inflation 4% $
FV
Construction
Basic Eng Fee
Other Fees
MT
IS
Inflation
269,403
$ 5,278,220 I
4,100,470
290,000
20,000
82,000
41,000
269,403
$ 1,280
$
2,654 S 2,275 $ 47,853 $ 59,817 $ 71,780 $ 83,743
$126,494 $132,421 $ 76,428 $1,217,774 $1,229,737 $1,241,701 $1,253,664
7.072%
0.488%
2.000%
1.000%
6.570%
X- Check
$ 290,000
$ 20,000
$ 4,1001470
$ 82,000
$ 41,000
$
$ 20,000
$ 455,347
$ 5,008,817
$ 269,403
$ 5,278,220
tn
00 M
00 M
CO N
CO
00
N
R
N
0\
N
(4,200) (16,200)
00 0
O
' N
(130,100) (733,100)
W
0
O
O
rat
N
2,155,200 534,800
O
O
00
low Creek Ranch development
B. Water Capital Improvements Plan
Twenty five projects have been identified and are proposed for the 20-year Capital Improvements
Plan Eighteen of these projects are for the first 10-year period and seven are for the second 10-year
period. These projects are briefly described below:
1. Dixie Farm Road Water Line: A 16-inch water line to replace an existing 8-inch line. The
line will extend from just north of Mary's Creek bypass to near Clear Creek, approximately
8,763 feet long. This line will provide more water in this corridor Existing tie-in lines are
already 16-inch diameter.
2. State Highway 35 Water Line (Broadway to South): Approximately 9,800 feet of 16-inch
waterline along State Highway 35, extended from Broadway (FM518) to near Oiler Drive.
This line will provide more water along Pearland's major north -south corridor.
3. Magnolia Drive and Veteran's Drive Water Lines: Approximately 4,800 feet of 16-inch
waterline on Magnolia Drive between State Highway 35 and Veteran's Drive and
approximately 2,000 feet of 12-inch waterline on Veteran's Drive, north of Mary's Creek.
These lines will provide adequate water in this area.
4. Elevated Storage Tank: A 500,000-gallon elevated storage tank at the Garden Road Water
Plant. This elevated tank will provide the required elevated storage needed for the second
10-year period.
5. Southeast Water Plant: A new water plant at Bailey Road and railroad with a minimum
1,300 GPM water well, 1 million -gallon ground storage tank, booster pumps, and a 16-inch
connecting line. The well will provide some of the needed well capacity requirement.
16
6. Elevated Storage Tank: A 1 million -gallon elevated storage tank at the proposed southeast
water plant site. The tank will be needed to meet and exceed the 2012 elevated storage
requirement.
7. Barry Rose to Green Tee Waterline: Approximately 8,700 feet of 16-inch waterline
extending from Barry Rose to vicinity of Green Tee Terrace Water Plant. This line will
provide looping and additional water for the area north of Clear Creek.
8. Veteran's Drive Water Transmission Line: Approximately 5,100 of 24-inch water
transmission line, extending from the proposed 30-inch water transmission line on Bailey
Road (CR101) to Massey Ranch Road (CR 100). This line will provide water supply in
this sector.
9. Bailey Road Water Transmission Line: A 30-inch line approximately 20,600 feet long,
extending from State Highway 35 to FM 1128 with three short 12-inch and 16-inch stub -
outs at Harkey Road, McLean Road, and Veteran's Drive. This large transmission line is
to provide water for the areas north and south of Bailey Road.
10. Houston Monroe Connection: A water plant consisting of a metering station, 1,660,000-
gallon ground storage tank, 15,000-gallon pressure tank, booster pumps, and other related
components to be constructed to purchase water from City of Houston. Approximately
17
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PRELIMINARY CONSTRUCTION COST ESTIMATE
SOUTHEAST WATER PLANT AT BAILEY & RR, 1 MILLION GALLON ELEV. STORAGE TANK,
AND 30' TRANSMISSION LINE TO SH 35
CITY OF PEARLAND
ITEM
UNIT
NO.
ITEM
DESCRIPTION
UNIT
COST
QUANTITY
AMOUNT
1
1,300
GPM
WELL
& ASSOC
WORKS
LS
$600,000.00
1.00
$600,000.00
$475,000.00
2
3
1,000,000
BOOSTER
GAL.
PUMPS,
GST
&
ELECT
AMMONIA
(WELDED
,
CONTROL
STEEL)
BLDGS.,
LS
$475,000.00
1.00
CHLORINATION,
AMMONIA
EQUIPMENTS,
CHLOR
AND
ON
&
-SITE
SCADA
READY
SYSTEM
LS
$663,000.00
1.00
$663,000.00
4
PLANT
PIPING
LS
$90,000.00
1.00
$90,000.00
5
6
16"
GENERATOR
DISCH.
LINE
SET
TO
BAILEY
30"
WL
LS
LF
$100,000.00
$45.00
400.00
1.00
1.00
$100,000.00
$18,000.00
$4,000.00
LF
$4,000.00
10
7
8
9
16"
SITE
30'
30"
VALVE
TRANSMISSION
CASED
WORK
w/
TRANS
w/
BOX
ACCESS
LINE
LINE
ROAD
UNDER
RR
LS
LF
LF
$110,000.00
$110.00
$300.00
3,400.00
100.00
1.00
$110,000.00
$374,000.00
$30,000.00
11
30"
BUTTERFLY
VALVE
&
BOX
EA
$12,000.00
3.00
$36,000.00
12
30"x30"x16'
TEE
AT
WATER
PLANT
EA
$3,000.00
1.00
$3,000.00
13
30'x30"x16'
TEE
AT
SH
35
EA
$3,000.00
1.00
$3,000.00
14
SITE
&
ROUTE
CLEARING
LS
$11,000.00
3,800.00
1.00
$11,000.00
$5,700.00
LF
$1.50
15
16
1,000,000
TRENCH
SAFETY
ELEV.
STORAGE
TANK
LS
$1,160,000.00
15.00
1.00
$1,160,000.00
$45,000.00
17
MISC.
DUCTILE
IRON
FITTINGS
TN
$3,000.00
SUBTOTAL
CONTINGENCIES @ 10%
TOTAL EST. CONST. COST
file:c:SoutheastW PRevised
$3,727,700.00
$372,770.00
$4,100,470.00