HomeMy WebLinkAboutResolution No. 07-021
RESOLUTION NO. 07-02/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ENGINEERING SERVICES CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND CHIANG PATEL & YERBY, INC. FOR
ENGINEERING SERVICES FOR AN AQUIFER STORAGE AND
RECOVERY WATER WELL AT WELL SITE NUMBER 3, WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City and Consultant have entered into an agreement such that the
Consultant is to provide the following services: ENGINEERING SERVICES FOR AN
AQUIFER STORAGE AND RECOVERY WATER WELL AT WELL SITE NUMBER 3; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with CHIANG PATEL & YERBY, INe., which is attached hereto and incorporated
herein by reference as Exhibit "A," under the terms and conditions provided therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to
exceed $380,000.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The Engineering Services Contract, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council ofthe City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved in the amount of $361,586.00 as the base amount, plus a $18,414.00 contingency
amount for a total not to exceed $380,000.00, and the City Manager is hereby authorized to execute
the Contract on behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 20TH day of
FEBRUARY, 2007.
. 3
.c.
~
\
63918
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into the YA1 day $4,2007, by and
between the CITY OF THE COLONY, TEXAS~er referred to as CITY and
CHIANG, PATEL & YERBY, INC., hereinafter referred to as UNDERSIGNED.
WHEREAS, CITY desires UNDERSIGNED to perform certain work and services
set forth in Scope of Services, marked Exhibit "A", and attached hereto and
incorporated herein.
WHEREAS, the UNDERSIGNED has expressed a willingness to perform said
work and services, hereinafter referred to only as "services", specified in said Scope of
Services, and enumerated under Article" of this Agreement.
NOW, THEREFORE, all parties agree as follows:
ARTICLE I
GENERAL
UNDERSIGNED, shall furnish and pay for all labor, tools, materials, equipment,
supplies, transportation and management necessary to perform all services set forth in
Article II hereof for the CITY in accordance with the terms, conditions and provisions of
the Scope of Services, marked Exhibit "A", and attached hereto and incorporated herein
for all purposes. CITY may, at any time, stop any services by the UNDERSIGNED
upon giving UNDERSIGNED written notice. UNDERSIGNED shall be bound to CITY by
the terms, conditions and responsibilities toward the CITY for UNDERSIGNED'S
services set forth in this Agreement.
ARTICLE II
SERVICES
A. The following services, when authorized in writing by a Notice to Proceed on
a per-task basis, shall be performed by the UNDERSIGNED in accordance
with the CITY'S requirements:
Professional Enqineerinq Services for Desiqn of an Aquifer Storaqe Recovery
(ASR) Equipped Water Supply Well at Well No.3. as described in Exhibit A.
B. UNDERSIGNED shall be responsible for the professional quality, technical
accuracy, and the coordination of all designs, drawings, specifications, plans
and other services furnished by UNDERSIGNED under this Agreement.
UNDERSIGNED shall, without additional compensation, correct or revise any
errors or deficiencies in the design, drawings, specifications, plans and other
services.
1:\CC00425\01 - Contrad\1.1 0 Proposal\Colony Professional Services Agreement ASR.doc
C. Neither CITY'S review, approval or acceptance of, nor payment for any of the
services required under this Agreement, shall be construed to operate as a
waiver of any rights under this Agreement, and UNDERSIGNED shall be and
remain liable to the CITY in accordance with applicable law for all damages to
the CITY caused by the UNDERSIGNED'S negligent performance of any of
the services furnished under this Agreement.
D. The rights and remedies of the CITY under this Agreement are as provided by
law.
ARTICLE III
PAYMENT
A. CITY shall pay UNDERSIGNED for all services authorized in writing and
properly performed by the UNDESIGNED on the basis herein described,
subject to additions or deletions for changes or extras agreed upon in writing.
B. The total amount paid to UNDERSIGNED shall not exceed:
a. Preliminary ASR Engineering Study
i. A lump sum fee for basic services of $31.899
ii. A not to exceed amount for special services (Permitting) of $5,610.
This will be billed hourly at the rate shown in Exhibit B.
b. Design
i. A lump sum fee for basic services of $127,060
ii. A lump sum fee for special services (Survey, SCADA
Implementation and Programming) of $31.600
III. A not to exceed amount for special services (Permitting) of $4,810.
This will be billed hourly at the rate shown in Exhibit B.
c. Bidding and Award
i. A lump sum fee for basic services of $19,089
d. Construction Phase
i. A lump sum fee for basic services of $68,578
ii. A lump sum fee for special services (SCADA Testing & Startup
Assistance) of $12,000
III. A not to exceed amount for special services (ASR Testing,
Permitting, Resident Engineer and Post Construction Assistance) of
$60,940. This will be billed hourly at the rate shown in Exhibit B.
For a total combined amount of $361.586. Partial payment will be made on a
monthly basis for completed portions of the work as approved by the CITY.
C. Upon complete performance of this Agreement by the UNDERSIGNED and
final approval and acceptance of UNDERSIGNED'S service by the CITY,
CITY will make final payment to UNDERSIGNED of the balance due under
this Agreement within thirty-(30) days of the following month after final
payment for such services has been billed by the UNDERSIGNED.
1:\CC00425\01 - Contrad:\1.10 Proposal\Colony Professional Services Agreement ASRdoc
2
D. CITY may deduct from any amounts due or to become due to the
UNDERSIGNED any sum or sums owing by the UNDERSIGNED to the CITY.
In the event of any breach by the UNDERSIGNED of any provision or
obligation of this Agreement, or in the event of the assertion by other parties
of any claim or lien against the CITY, or the CITY'S premises, arising out of
the UNDERSIGNED'S performance of this Agreement, the CITY shall have
the right to retain out of any payments due or to become due to the
UNDERSIGNED an amount sufficient to completely protect the CITY from
any and all loss, damage or expense therefrom, until the breach, claim or lien
has been satisfactorily remedied or adjusted by the UNDERSIGNED.
ARTICLE IV
TIME FOR PERFORMANCE
A. UNDERSIGNED shall perform all services as provided for under this
Agreement in a proper, efficient and professional, manner in accordance with
the CITY'S requirements. Both parties have agreed to the provisions of this
Agreement in anticipation of the orderly and continuous progress of the
project through completion of the Scope of Services specified in Exhibit "A",
attached hereto.
B. In the event UNDERSIGNED'S performance of this Agreement is delayed or
interfered with by acts of the CITY or others, the UNDERSIGNED may
request an extension of time for the performance of same as hereinafter
provided, but shall not be entitled to any increase in fee or price, or to
damages or additional compensation as a consequence of such delays
unless such delays exceed ninety-(90) days.
C. No allowance of any extension of time, for any cause whatever, shall be
claimed or made to the UNDERSIGNED, unless the UNDERSIGNED shall
have made written request upon the CITY for such extension within forty-
eight-(48) hours after the cause for such extension occurred, and unless the
CITY and the UNDERSIGNED have agreed in writing upon the allowance of
additional time to be made.
ARTICLE V
DOCUMENTS
A. All instruments of service (including plans, specifications, drawings, reports,
designs, computations, computer programs, estimated, surveys, other data or
work items, etc.) prepared under this Agreement shall be submitted for
approval of the CITY. All instruments of service shall be professionally sealed
as may be required by law or by the CITY.
B. Such documents of service, together with necessary supporting documents,
shall be delivered to the CITY, and the CITY shall have unlimited rights, for
the benefit of the CITY, in all instruments of service, including the right to use
same on any other work of the CITY without additional cost to the CITY. If, in
1:\CC00425\01 - Contract\1.1 0 Proposal\Colony Professional Services Agreement ASRdoc
3
the event the CITY uses such instruments of service on any work of the CITY
other than that specified in the Scope of Services, attached as Exhibit "A",
provided the UNDERSIGNED completes this Agreement, under those
circumstances the CITY hereby agrees to protect, defend, indemnify and hold
harmless the UNDERSIGNED, their officers, agents, servants and
employees, from and against suits, actions, claims, losses, liability or damage
of any character, and from and against costs and expenses, including, in part,
attorney fees incidental to the defense of such suits, actions, claims, losses,
damages or liability on account of injury, disease, sickness, including death,
to any person or damage to property including, in part, the loss of use
resulting therefrom, arising from any inaccuracy, such use of such
instruments of service with respect to such other work except where the
UNDERSIGNED participates in such other work.
C. The UNDERSIGNED agrees to and does hereby grant to the CITY a royalty-
free license to all such instruments of service which the UNDESIGNED may
cover by copyright and to all designs as to which the UNDERSIGNED may
assert any rights or establish any claim under the design patent or copyright
laws. The UNDERSIGNED, after completion of the project, agrees to furnish
the originals of all such instruments of service to the CITY.
D. All word documents supplied to the CITY as provided herein shall be in
Microsoft Word 2000 or higher edition, or in a format compatible with the
aforementioned program. All plan documents shall be in AutoCAD 2002 or
higher version.
ARTICLE VI
TERMINATION
A. The CITY or the UNDERSIGNED may suspend or terminate this Agreement
for cause or without cause at any time by giving written notice to the
UNDERSIGNED. In the event suspension or termination is without cause,
payment to the UNDERSIGNED, in accordance with the terms of this
Agreement, will be made on the basis of services reasonably determined by
the CITY to be satisfactorily performed to date of suspension or termination.
Such payment will be due upon delivery of all instruments of service to the
CITY.
B. Should the CITY require a modification of its contract with the
UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail to agree
upon a modification to this Agreement, the CITY and the UNDERSIGNED
shall have the option of terminating this Agreement. Payment to the
UNDERSIGNED shall be made by the CITY in accordance with the terms of
this Agreement, for the services mutually agreed upon by the CITY and the
UNDERSIGNED to be properly performed by the UNDERSIGNED prior to
such termination date.
1:\CC00425\01 - Contrad\1.1 0 Proposal\Colony Professional Services Agreement ASR.doc
4
ARTICLE VII
INSURANCE
A. UNDERSIGNED shall provide and maintain Workers' Compensation with
statutory limits.
B. UNDERSIGNED shall provide and maintain in full force and effect during the
time of this Agreement, auto insurance (including, but not limited to, insurance
covering the operation of owned and non-owned automobiles, trucks and
other vehicles) protecting the UNDERSIGNED and the CITY as an additional
Insured with limits not less than 250/500/100,000.
C. UNDERSIGNED shall provide general Liability Insurance. Such insurance
covering personal and bodily injuries or death shall be in the sum of not less
than Two Hundred Fifty Thousand ($250,000) Dollars per occurrence and
Five Hundred Thousand ($500,000) Dollars aggregate. Insurance covering
damages to property shall be in the sum of not less than One Hundred
Thousand ($100,000) Dollars. The General Liability Insurance must name
the CITY as an additional Insured.
D. UNDERSIGNED shall also provide and maintain Professional Liability Errors
and Omissions Insurance coverage to protect the UNDERSIGNED and the
CITY from liability arising out of the performance of professional services, if
any, under this Agreement. Such coverage shall be in the sum of not less
than Three Hundred Thousand ($300,000) Dollars per occurrence and Five
Hundred Thousand ($500,000) Dollars aggregate. Such insurance shall be
kept in effect for four (4) years after the completion of the contract. If the
UNDERSIGNED fails to maintain the insurance covered during that time, the
CITY may pay the premiums to keep the insurance in effect and recover the
cost from the UNDERSIGNED.
E. A signed Certificate of Insurance, satisfactory to the CITY, showing
compliance with the requirements of this Article shall be furnished to the CITY
before any services are performed. Such Certificate shall provide thirty (30)
days written notice to the CITY prior to the cancellation or modification of any
insurance referred to therein and continue to issue such certificate for four (4)
years after completion of the contract.
ARTICLE VIII
INDEMNIFICATION FOR INJURY AND PERFORMANCE
UNDERSIGNED further specifically obligates itself to the CITY in the following
respects, to-wit:
The UNDERSIGNED hereby agrees to protect, indemnify and hold harmless the
CITY, their officers, agents, servants and employees (hereinafter individually and
collectively referred to as "Indemnitees"), from and against suits, actions, claims, losses,
liability or damage of any character, and from and against costs and expenses,
1:\CC00425\01 - Contrad\1. 1 0 Proposal\Colony Professional Services Agreement ASR.doc
5
including, in part, attorney fees incidental to the defense of such suits, actions, claims,
losses, damages or liability on account of injury, disease, sickness, including death, to
any person or damage to property including, in part, the loss of use resulting therefrom
arising from any negligent act, error, or omission of the UNDERSIGNED, its officers,
employees, servants, agents or subcontractors, or anyone else under the
UNDERSIGNED'S direction and control and arising out of, resulting from, or caused by
the performance or failure of performance of any work or services called for by this
Agreement, or from conditions created by the performance or non-performance of said
work or services. In the event one or more of the Indemnitees is determined by a court
of law to be jointly or derivatively negligent or liable for such damage or injury, the
UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided herein on a
proportionate basis in accordance with the final judgment, after all appeals are
exhausted, determining such joint or derivative negligence or liability.
The UNDERSIGNED is not responsible for the actions of the CITY'S contractor
to perform the construction of the improvements covered under this Agreement.
Acceptance and approval of the final plans by the CITY shall not constitute nor
be deemed a release of this responsibility and liability of the UNDERSIGNED, its
employees, associates, agents and consultants for the accuracy or competency of their
designs, working drawings and specifications, or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the CITY for
any defect in the designs, working drawings and specifications, or other documents
prepared by the UNDERSIGNED, its employees, contractor, agents ad consultants.
ARTICLE IX
INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION
UNDERSIGNED agrees that it is an independent contractor and not an agent of
the CITY, and that the UNDERSIGNED is subject, as an employer, to all applicable
Unemployment Compensation Statutes, so as to relieve the CITY of any responsibility
or liability from treating the UNDERSIGNED'S employees as employees of the CITY for
the purpose of keeping records, making reports or payments of Unemployment
Compensation taxes or contributions. The UNDERSIGNED further agrees to indemnify
and hold the CITY harmless and reimburse it for any expenses or liability incurred under
said Statutes in connection with employees of the UNDERSIGNED.
ARTICLE X
INDEMNIFICATION FOR PERFORMANCE
UNDERSIGNED shall defend and indemnify Indemnitees against and hold the
CITY and the premises harmless from any and all claims, suits or liens based upon or
alleged to be based upon the non-payment of labor, tools, materials, equipment,
supplies, transportation and management costs incurred by the UNDERSIGNED in
performing this Agreement.
1:\CC00425\01 - Contrad\1.10 Proposal\Colony Professional Services Agreement ASR.doc
6
ARTICLE XI
ASSIGNMENT
UNDERSIGNED shall not assign or sublet this Agreement or any part thereof,
without the written consent of the CITY. Sale of more than fifty (50%) percent
ownership of the UNDERSIGNED shall be construed as an assignment.
ARTICLE XII
APPLICABLE LAWS
UNDERSIGNED shall comply with all Federal, State, County and Municipal laws,
ordinances, regulations, safety orders, resolutions and building codes, including the
Americans With Disabilities Act, relating or applicable to service to be performed under
this Agreement.
This Agreement is performable in the State of Texas and shall be governed by
the laws of the State of Texas. Venue on any suit hereunder shall be in Denton County
Texas.
ARTICLE XIII
DEFAULT OF UNDERSIGNED
In the event the UNDERSIGNED fails to comply or becomes disabled and unable
to comply with the provisions of this Agreement as to the quality or character of the
service or time of performance, and the failure is not corrected within ten (10) days after
written notice by the CITY to the UNDERSIGNED, the CITY may, at its sole discretion
without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any further
consideration to the UNDERSIGNED except for all work determined by the
CITY to be satisfactorily completed prior to termination. Payment for work
satisfactorily completed shall be for actual costs, including reasonable
salaries and travel expenses of the UNDERSIGNED to and from meetings
called by the CITY at which the UNDERSIGNED is required to attend, but
shall not include any loss of profit of the UNDERSIGNED. In the event of
such termination, the CITY may proceed to complete the services in any
manner deemed proper by the CITY, either by the use of its own forces or by
re-submitting to others. In either event, the UNDERSIGNED shall be liable
for all costs n excess of the total contract price under this Agreement incurred
to complete the services herein provided for and the costs so incurred may be
deducted and paid by the owner out of such monies as may be due or that
may thereafter become due to the UNDERSIGNED under and by virtue of this
Agreement.
B. The CITY may, without terminating this Agreement or taking over the
services, furnish the necessary materials, equipment, supplies and/or help
necessary to remedy the situation, at the expense of the UNDERSIGNED.
1:\CC00425\01 - Contrad\1.10 Proposal\Colony Professional SeJVk::es Agreement ASRdoc
7
ARTICLE XIV
ADJUSTMENTS IN SERVICES
No claims for extra services, additional services or changes in the services will
be made by the UNDERSIGNED without a written agreement with the CITY prior to the
performance of such services.
ARTICLE XV
EXECUTION BECOMES EFFECTIVE
This Agreement will be effective upon execution of the contract by both the
UNDERSIGNED and the CITY.
ARTICLE XVI
AGREEMENT AMENDMENTS
This Agreement contains the entire understanding of the parties with respect to
the subject matter hereof and there are not oral understandings, statements or
stipulations bearing upon the meaning or effect of this Agreement which have not been
incorporated herein. This Agreement may only be modified, amended, supplemented or
waived by a written instrument executed by the parties except as may be otherwise
provided therein.
ARTICLE XVII
GENDER AND NUMBER
The use of any gender in this Agreement shall be applicable to all genders, and
the use of singular number shall include the plural and conversely.
ARTICLE XVIII
NOTICES AND AUTHORITY
A. The UNDERSIGNED agrees to send all notices required under this
Agreement to the City Manager of the City of The Colony, or his designee, at
6800 Main Street, The Colony, Texas 75056-1133. The UNDERSIGNED
understands that only the City Manager or his designee has the authority to
represent the CITY or bind the CITY under this Agreement.
B. The CITY agrees to send all notices required under this Agreement to the
UNDERSIGNED at:
Chiang, Patel & Yerby, Inc.
Edward M. Motley, PE
Senior Vice President
1820 Regal Row
Dallas, TX 75235
1:\CC00425\01 - Contracl:\1.10 Proposal\Colany Professional Services Agreement ASR.doc
8
ARTICLE XIX
CLOSURE
jO\i'JITNE~ the parties hereto have executed this Agreement on
the If.^. day , 20 D I .
CITY: UNDERSIGNED:
City of The Colony, Texas
By:
C0~ciL
City Manager
6800 Main Street
The Colony, Texas 75056-1133
Chiang, patel~Y, Inc.
fjP;/1t&
By: Edward M. Motley, PE
Title: Senior Vice President
Address: 1820 Reqal Row
Dallas, TX 75235
1:\CC00425\D1 . Contrad\1.10 PmposaOColony Professional Services Agreement ASR.doc
9
City of The Colony
Engineering Services Agreement for
Design of an Aquifer Storage Recovery (ASR)
Equipped Water Supply Well
At Well Site No.3
Exhibit A
Scope of Services
General
The Project includes the design and development of plans and specifications for an Aquifer Storage
Recovery (ASR) equipped water supply well. The well will be located at the existing Well Site No.3 at
5572 North Colony Blvd., The Colony. This proposal is based on having two separate construction
contracts for this project. The first contract will be drilling the well and installation of the casing. The
second contract will consist of installation of pumping equipments and piping.
A. Detailed Scope of Basic Services
1. Preliminary ASR Engineering Study
a. Review Previous Study Report - Review Aquifer Storage Recovery - Preliminary
Feasibility Study Report dated September 2004 for water supply, water quality, water
demand, and area hydrology.
b. Selection of Recharge Process - Develop a preliminary estimation of recharge capacity.
Evaluate the recharge process. Evaluate the existing well bore to recharge the aquifer
and a new well bore to pump out the recovered water to reduce the construction cost of
the project by allowing the new bore to be constructed as a conventional well. This
evaluation is being performed at the request of the City Council. The other option is to
construct a new well as an ASR well. Perform predictive ASR simulations using GAM
flow model.
c. Site Selection - Evaluate disposal of produced water. Evaluate land availability.
Evaluate potential contamination sources and property boundaries.
d. Economic Considerations - Develop cost benefit analysis. Develop cost estimate for the
drilling and construction program. Estimate capital and operating costs for the ASR
Well.
e. Evaluate existing chlorine and ammonia system for the ASR project.
f. Prepare a technical memorandum (TM) describing the above items. Submit Draft TM to
the City for review. Incorporate City's comments into final TM. Submit five (5) hard
copies and one (1) copy on CD in pdf format to the City.
2. Preliminary Design
a. Prepare a Gantt chart in Microsoft Project showing key Project milestones and update
monthly.
b. Pre-design Conference - Meet with the City Staff to discuss the requirements for the new
facilities and any constraints to the construction of the new facilities. Provide comments
regarding sequencing of well construction, geophysical logging program, water quality
l:\CC00425\01 - Cootrad\UO Proposal\CoIOD)' ASR WeD Site #3 50S (5).doc
sampling program and other supplemental issues required to support ASR decision
making.
c. Preliminary Plans - Develop preliminary plans for two separate construction contracts.
The preliminary plans will include a proposed site plan indicating the location of the well
and connection to proposed piping and utilities. Well design will include depth, casing
size, screen intervals, pump and motor, wellhead piping and valves.
d. Submit updated opinions of probable cost with the Preliminary Plans to the City for
revIew.
e. Perform internal quality assurance/control review of the Preliminary Plans.
f. Submit up to five (5) half size sets of Preliminary Plans to the City for review and
comments.
g. Preliminary Design Meeting - Conduct a preliminary design review meeting with the
City Staff to discuss the City's review comments from the preliminary design submittal.
3. Final Design
a. Prepare plans and specifications for two separate construction contracts, suitable for
bidding and construction ofthe new facilities.
b. Conduct an internal quality assurance/control review of the plans and specifications.
c. Submit the plans and specifications to the City for review and comment. Furnish up to
five (5) sets of contract documents at the ninety percent (90%) completion points.
d. Provide updated opinions of probable construction costs at ninety percent (90%)
complete milestones, and prepare a detailed statement of fmal opinion of probable
construction cost. The ENGINEER'S projection of construction costs will be based on
materials and labor prices prevailing at the time of preparation, without consideration of
inflationary increases in cost. The ENGINEER does not warrant the accuracy of the
opinion of probable construction cost.
e. Conduct a design review meeting with the City Staff at ninety percent (90%) to discuss
the City's review comments from the design submittal.
f. Incorporate the City's comments from the ninety percent (90%) milestone and prepare
final plans and specifications for bidding. Upon final completion, furnish five (5) half-
size sets of drawings, and five sets of contract specifications. Provide one (I) copy on
CD offmal documents in electronic file format (PDF) to the City.
g. Submit plans, specifications, and contract documents to regulatory agency (TCEQ) for
approval.
4. Bidding and Award
a. Conduct a prequalification process to identifY acceptable driIIing contractors to provide
well construction.
b. Assist the City in advertising and receiving bids. Furnish half-size construction plans,
specifications, and contract documents for the project to prospective bidders as required.
The non-refundable deposit received from prospective bidders for receipt of plans,
specifications, and contract documents will be retained by the ENGINEER to offset the
cost of printing, distributing, and handling said documents.
c. Prepare for and participate in a pre-bid conference at the City Hall.
d. Assist the prospective bidders in interpreting the construction plans and specifications
through the preparation and issuance of addenda.
e. Assist the City in the bid opening, tabulation, and analysis of the bids. Furnish
recommendations for the award of the contracts or the appropriate actions to be taken by
the City.
t\CC00425\01 - ContractU.lO ProposaI\Colony ASR Well Site #3 sas (5)_doc
5. Construction Phase Services
a. Assist in conducting the project pre-construction meeting with the Contractor, review
construction schedules prepared by the Contractor pursuant to the requirements of the
construction contract, and review the proposed estimate of monthly cost requirements of
the project, as prepared by the Contractor.
b. Make up to ten site visits to review the contractor's progress and to determine if the
construction is being completed in general conformance with the plans and specifications.
c. Prepare logs of construction documents. Review and process Contractor's shop
drawings. The City's shop drawing copies will be submitted to Office Creek Pump
Station.
d. Review the Contractor's monthly progress and fmal estimates for payment based on
quantities submitted by the Contractor as approved by the City's on-site representative,
and make a recommendation to the City regarding payments to the Contractor.
e. Respond to any questions submitted by the contractor regarding the intent of the plans
and specifications.
f. Assist the City in preparing and negotiating any required change orders. Make
recommendations to the City regarding any change orders.
g. Assist representatives of the City with performing a facility inspection after the
Contractor declares the facility is Substantially Complete.
h. Develop punch list items for the Contractor to address, based on the substantial
completion inspection.
1. Incorporate any construction records submitted by the City or the Contractor into the
plans and specifications and furnish one (1) full-size mylar set and two (2) full-size bond
sets to the City. Provide one (1) copy on CD of final documents in electronic file format
(PDF) to the City.
B. Detailed Scope of Special Services
1. Permitting
a. Meet with the staff of Texas Commission on Environmental Quality (TCEQ)
during Study Phase to discuss the permit requirements for this ASR project. CP&Y will
also discuss with TCEQ the need for construction of monitoring wells to prove that the
project is viable.
b. Prepare and submit an Underground Injection Control (DIe) permit application to TCEQ.
Submit an application for Phase I permit to operate the well as a conventional well.
c. Engineer will submit a Phase II permit application after successful completion of
ASR testing.
2. Resident Engineer
a. Provide a Resident Engineer to observe data collection at the well site during certain
construction activities.
b. Prepare weekly summaries of observation, to be furnished to the City and to regulatory
agency staff.
3. ASR Startup and Testing
a. Conduct baseline hydraulic injection testing of the completed well and wellhead
facilities.
I:\CCQ0425\01 . Cootracl:\l_IO Proposal\Colony ASR Well Site #3 $OS (5).doc
b. Conduct an ASR cycle testing program.
c. Provide one day of training for City Staff regarding operation of the ASR facility.
d. Provide up to 80 hours of consultant assistance during the fIrst two years of operation to
respond to operator questions.
4. Post Construction Assistance
a. Provide technical assistance to the City during the first year of operation to respond to
operators questions.
5. Surveying
a. Retain a Registered Land Surveyor to perform the survey of the existing facility. The
survey will include existing above grade features. This survey will be used for the design
of the proposed facilities.
6. SCADA Programming
a. Develop both the MMI and PLC software.
b. Provide start-up assistance for the SCADA system.
Assumptions
1. The proposed budget is lump sum for the following Special Services Items: Surveying, SCADA
Implementation and Programming, and SCADA Startup Assistance. All other Special Services
items, including ASR Testing, Permitting, Resident Engineer and Post Construction Assistance
will be billed hourly at the rate shown in Exhibit B. The Engineer will negotiate with the City for
any additional time required to perform the Special Services tasks.
2. For planning purposes, the target storage volume (TSV) for ASR activities associated with a I
MGD additional yield, is assumed to be 100 MG. This includes a buffer zone estimated at 10
MG and a recoverable volume of 90 MG, or 1 MGD for 90 days. Assumed normal groundwater
production rate is 2 MGD while assumed additional recharge rate is 1 MGD. Recharge water is
assumed to be available during the months of October to May. The TSV estimate will be
adjusted based upon cycle testing results.
3. The City will assign one or more staff who will be primarily responsible for coordination during
well construction and testing, and also responsible for routine operation of ASR facilities upon
completion.
4. During the cycle testing program, the Engineer will conduct the first geochemical validation
cycle. City staff will provide assistance to the Engineer's staff to conduct the second cycle. City
staff will conduct the third cycle with assistance from the Engineer, and will conduct subsequent
larger volume cycles during formation of the TSV. All data will be transmitted to the Engineer
electronically within one day of collection. During the fIrst two years of full operations, monthly
operating reports will be provided to the Engineer within one week after the end of each month,
providing water quality and hydraulic data in a tabular format to be suggested by the Engineer.
5. The City will pay all permit application fees and will provide laboratory analysis of water quality
samples. The City will not provide resident observation services during well construction.
During wellhead construction the Engineer will be primarily responsible for providing resident
observation, with support from City staff.
I:\CCQ0425\Ol - Coo.tracl\UO Proposal\Colony ASR Well Silc #3 80S (5).doc
6. It is possible that a monitoring well will be required in support of the UlC permit application, or
to better define the aquifer and confining characteristics of the subsurface formations. If this is
necessary a revised contract scope of work and cost estimate will be negotiated with the City
before proceeding with subsequent work
7. To the extent that the project extends beyond February 2009, the Engineer reserves the right to
provide a reasonable cost escalation factor for remaining tasks to be completed at that time, to
account for increased labor and expenses costs compared to January 2007 when this budget is
being prepared. It is assumed that a % annual cost escalation factor based on the consumer price
index.
8. The Engineer will include the following items in the construction contract:
a. Obtain cores and geotechnical data (grain size distribution analysis, continuous wireline
cores) in the well, using either the combined services of a well driller and a geotechnical
contractor, or through continuous wireline coring by the well driller.
b. Obtain geophysical logs and analyze up to eight cores to determine their physical
characteristics, including x-ray diffraction, acid insoluble residue analysis, porosity,
cation exchange capacity, scanning electron microscope (SEM), energy dispersive x-ray
spectral analysis (EDX), petrographic analysis, core descriptions with photographs.
9. City to provide water quality sampling from the existing wells.
10. The proposed budget is lump sum for all tasks listed in Basic Services.
1 I. It is assumed that the City will retain an attorney to obtain the water rights permit.
12. Permitting will require three (3) trips to Austin to meet with TCEQ. One (I) trip will be part of
the Preliminary Study Phase to discuss permitting requirements and two (2) trips will be part of
the ASR permitting.
Schedule
Preliminary Engineering Study
Preliminary Planning and Design
Final Design
TCEQ Approval
Bidding and Award
Construction Phase
Production well facilities
Beneficial use of ASR facilities
Authorization
10 weeks from the date of Notice to Proceed
3 months from the approval of the Technical Memorandum
3 months after receipt of Preliminary Design Comments
5 months after completion of Final Plans and Contract
Documents
90 days after TCEQ's approval
10 months from Notice to Proceed of Construction Contract
10 months after completion of production well facilities or
receipt ofUlC permit, which ever is later.
As stated in the Agreement for Professional Services, Article II, Paragraph A, the City may authorize the
work, as described above, on a per-task basis.
I:\CC00425\01 - Contrad\I.IO Proposal\Colony ASR Well Site #3 50S (5).doc