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R-2012-080-2012-06-11 RESOLUTION NO. R2012-80 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 11th day of June, A.D., 2012. a TOM REID MAYOR ATTEST: iii/ ..411/2 =o``' . - Y � GL.J. s+C, T7 C Los 'm Y SE(P7 ETARY . ' /' .:'�':° APPROVED AS TO FORM: `°`" f DARRIN M. COKER CITY ATTORNEY Exhibit"A" Resolution No. R2012-80 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on June 11, 2012 by and between the City of Pearland ("CITY")and Freese and Nichols, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to provide a Professional Engineering Service for a project known and described as Water and Wastewater Impact Fee Update (detailed below). 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 input for inclusion to the Water and Wastewater Impact Fee Update as detailed in the SCOPE OF WORK. See Exhibit A,attached, for a detailed SCOPE OF WORK. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT(if applicable). 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 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. E. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $500,000 in the aggregate. -1- (3) 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. (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 any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. G. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. -2- SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the services as detailed in Article III—Time of Completion not to exceed 240 calendar days after execution of this contract. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is lump sum. Total compensation for the services performed shall be the sum of$74,100. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the 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 CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 11200 Broadway Street, Suite 2332, Pearland, Texas 77584. 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 -3- CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For -4- breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this 11th day of June 2012. City ofPearla d Bill Eisen, City Manager Freese and Nichols, Inc. -5- Exhibit"A" Resolution No. 2012-80 EXHIBIT A SCOPE OF SERVICES WATER AND WASTEWATER IMPACT FEE UPDATE ARTICLE I BASIC SERVICES: Freese and Nichols,Inc. (FNI)shall provide the following professional services in connection with the development of the Project, described as: Water and Wastewater Impact Fee Update. The Scope of Services is defined as the following: Task A: Data Collection and Land Use Assumptions Al. Project Kick-off and Identification of Data Needs: FNI will conduct an initial meeting with the City to review proposed scope of services,approach,goals and deliverables of the study. FNI will provide the City with a Data Request Memorandum identifying data needs from all of the impact fee study. A2. Data Collection: FNI will coordinate with the City to obtain updated information including GIS files, demographic information, recently completed system improvements,water production data, utility billing data,and wastewater flow data. A3. Market Study-Land Use Assumptions for Impact Fees: CITY will conduct 10-year and 20-year Market Study to update information on population, demographics, employment, capital improvements, residential and commercial growth, and land use assumptions for impact fees. CITY will provide to FNI an electronic PDF copy of the report for inclusion as an attachment to the Impact Fee Report. FNI will coordinate with the City to review the Market Study Report. (See Additional Services) A4. Land Use Assumptions Map: FNI will coordinate with the CITY to receive and review the Land Use Assumptions Map for inclusion in the Impact Fee Report. AS. Progress Meetings: FNI will conduct five (5) periodic meetings with the CITY to discuss the progress of the project. Task B: Water and Wastewater Load Projections B1. Review Historical Water Demands and Wastewater Flows: FNI will obtain and evaluate historical water usage and wastewater flow data for the last five years to develop trends and update per-capita consumptions volumes and peaking factors. B2. Develop Updated Water Demands: FNI will update water demand projections for existing, 10- year, and 20-year conditions using the land use assumptions, selected per-capita consumption rates and peaking factors. B3. Develop Updated Wastewater Flows: FNI will develop wastewater flow projections for existing, 10-year, and 20—year conditions using the land use assumptions, selected per-capita consumption rates,and peaking factors. B4. Update Demand vs. Capacity Charts: Based on updated water and wastewater load projections, FNI will update the demand versus existing water and wastewater plant capacity charts. Task C: Water and Wastewater Impact Fee CIP Development Cl. Identify Existing Projects Eligible for Impact Fee Cost Recovery: FNI will review recently completed water and wastewater improvements over the last 5 years and determine which projects are eligible for future cost recovery from growth. C2. Obtain CIP Reports: With assistance from the CITY,FNI will receive and review comprehensive water and wastewater master plan and modeling reports completed by others and obtain a list of CIP projects identified in these reports and their associated detailed cost estimates. (See Additional Services) C3. Identify Future Impact Fee CIP Projects: With assistance from CITY, identify from comprehensive water and wastewater master plan reports and other sources, a list of future water and wastewater CIP projects that are impact fee eligible and that the CITY intends to include in the Impact Fee Update. C4. Develop Updated Cost Estimates: FNI will develop updated cost estimates for existing and other future impact fee eligible projects identified for inclusion in the Water and Wastewater Impact Fee CIP. Task D: Impact Fee Analysis,Public Meetings,and Report D1. Calculate Project Costs Eligible for Impact Fee Cost Recovery: FNI will utilize capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery for the City and Shadow Creek Ranch. D2. Develop Service Unit Equivalents (SUEs) for Water and Wastewater Systems: FNI will utilize equivalent capacity of water meters and updated land use assumptions to establish the service unit equivalents(SUEs)required in Chapter 395 of the Local Government Code for both existing and 10-year growth conditions. D3. Meet with Finance Department: FNI will attend one meeting with the Finance Department to coordinate and receive updated finance cost assumptions for existing and future eligible impact fee projects.(See Additional Services) D4. Calculate Maximum Allowable Impact Fees: FNI will develop maximum allowable water and wastewater impact fees for the City and Shadow Creek Ranch in accordance with Chapter 395 of the Texas Local Government Code using the 50% credit method based on the existing and proposed capital improvement costs to support 10-year growth based on projected increase in SUEs. D5. Prepare Draft Impact Fee Report: FNI will prepare a Draft Water and Wastewater Impact Fee Report showing land use assumptions, water and wastewater impact fee eligible capital improvement costs, and maximum allowable water and wastewater impact fees. Three (3) hard copies and an electronic version of the report will be submitted for review. D6. Citizen Advisory Committee and City Council Presentation: Following the review by City Staff, FNI will assist CITY staff in presenting results of the water and wastewater impact fee analysis and recommendations to Citizen Advisory Committee and City Council. FNI will prepare exhibits for the Citizen Advisory Committee Presentation on Impact Fees. D7. Coordination with City on Public Hearing Preparation: FNI will coordinate with the City on scheduling and preparing the materials for the Impact Fee Public Hearing. D8. Attend City Council Public Hearing: Attend one (1) Public Hearing to assist CITY staff in presenting and addressing questions about the land use assumptions, capital improvements plan, and impact fee calculations. (Cost of publication to be paid by CITY) D9. Finalize Impact Fee Report: FNI will prepare a final Water and Wastewater bnpact Fee Report and submit an electronic copy and five(5)hard copies to the City. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by CITY, which are not included in the above described basic services,are described as follows: A. Additional meetings, coordination, and review with City Staff on Market Study in excess of one meeting and report review. B. Additional meetings and coordination with the City's water and wastewater master planning and 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,develop these costs. C. Additional meetings and coordination with the City Finance staff associated with obtaining updates on financing costs. 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 I so as to deliver a Draft Impact Fee Report to the CITY within(150) calendar days thereafter.An additional period of(90)calendar days, or as required to accomplish the required approval process, will be used to assist the CITY during public hearing period,receiving and addressing final comments,and Submitting the Final Report. If FNI's services are delayed through no fault of FNI,FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in CITY or regulatory reviews,delays on the flow of information to be provided to FNI,governmental approvals,etc. ARTICLE IV RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as CITY'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 CITY's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to CITY'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 CITY will require to be included in the drawings and specifications. C. Provide FNI with accurate updated GIS map of the City boundary and land use map. D. 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. E. 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. F. Give prompt written notice to FNI whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services G. Furnish, or direct FNI to provide, Additional Services as stipulated in Article II of this Scope of Services or other services as required. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and CITY designate the following representatives: CITY's Designated Representative—Andrea Broughton, 3519 Liberty Dr, Pearland,Texas 77581;Phone 281-652-1641 FNI's Client Representative — Mehran (Ron) Bavarian, 11200 Broadway Street, Suite 2332 Pearland, Texas 77584;Phone 832-456-4722;Fax 832-456-4701;e-mail mb(,freese.com FNI's Project Manager— Richard Weatherly, P.E., 11200 Broadway Street, Suite 2332 Pearland, Texas 77584; Phone 713-600-6824 Fax 832-456-4701;e-mail raw @freese.com FNI's Accounting Representative —Judy Blair, 11200 Broadway Street, Suite 2332 Pearland, Texas 77584;Phone 832-456-4711 Fax 832-456-4701;e-mail jfb @freese.com ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES A. Not to Exceed: The total fee for Basic Services shall be a lump sum of$74,100.00. If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services, FNI will notify CITY for CITY's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Charges for Additional Work: POSITION RATE PRINCIPAL 240 GROUP MANAGER 190 SR.PROJECT MANAGER 185 PROJECT MANAGER 140 SENIOR ENGINEER 150 ENGINEER(PE) 130 ENGINEER(EIT) 100 GIS ANALYST 95 DESIGNER 110 SR.CAD TECHNICIAN 85 CAD TECHNICIAN 75 CONTRACT/OPERATIONS ANALYST 95 ADMINISTRATIVE ASSISTANT 75 CO-OP/INTERN 60 The individual salaries will be adjusted annually. EXPENSES Plotting Printing Bond $2.50 per plot Bluelines/Blacklines $0.14 per square foot Color $5.75 per plot Offset and Xerox Copies/Prints Vellum$5.00 per plot Black&White $0.10 per single side copy Mylar $5,00 per plot Black& White $0.20 per double side copy Color $0.50 per single side copy Color $1.00 per double side copy Binding $5.75 per book Travel IRS approved rate 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. 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