R2004-187 11-22-04 RESOLUTION NO. R2004-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH KLOTZ
ENGINEERING FOR ENGINEERING SERVICES ASSOCIATED WITH THE
REHABILITATION OF THE GREEN TEE LIFT STATION.
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 Klotz
Engineering, 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 Klotz Engineering, for engineering services
associated with the rehabilitation of the Green Tee lift station.
PASSED, APPROVED and ADOPTED this the 22nd day of November ..,
A.D., 2004.
ATTEST:
(,~TY S E~::7~ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution R2004-187 ~
Exhibit "A"
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of pearland, Texas
(hereinafter "City"), and Klotz Associates, 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: Perform engineering design and prepare plans and
specifications for the rehabilitation of Lift Station No. 5.
Engineer:/Subconsultant(s) Fee Basis o~"Compensation
_..Klotz Associates, Inc. . ...... $34,800 ~'u'mp sum ' '
Maximum ~ontract Amount $34,800
* 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.
Delivery of plans and specifications: 90 days
Attachments: Proposal and Scope of Services - Kiotz Associates letter dated
November 10, 2004.
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 d'Ue
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 fee~ 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 subconsu, ltants, subject to City approval, necessary to complete the scope of
work. The suboonsultant'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:
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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 surfed 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) ;'eimbursement 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 t) 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 fails 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 (30t") 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.
F_ Prior to execution of this agreement, the Engineer shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. 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 Contrac[, 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.
1~II1/2884 11:25 2815897389 KLO/Z ASSOCIATES PAGE 88110
5. Subcontracts. If, for any reason, at any time durihg 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 Ci[7 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 con'sultants 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 fur[her
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 rouse 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) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Pro'Perry 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
ll/11/2004 11:28 281588730~ KLOTZ ASSOCIATES PAGE 09/10
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,
witl'i 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 thir['y (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 proper~y, 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. Assi,qnment. Engineer shall not assign this Contract without the prior written
consent of the City.
10, Law Govemin.q 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 Brazoda 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.
I2. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contras 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.
],1/11/~ 11:2~ 2815897~09 KLDTZ ~SSOCI~TES P~E 10/10
EXECUTED and EFFECTIVE as of the
CITY OF PEARLAND
day of ,~.oW .~¢~o~r', 2004.
KLOTZ ASSOCIATES, INC.
City Manager
Printed , Billy M. Cooke_,_..P...E.
Title: Executive Vice President
STATE OF TEXAS
COUNTY OF ¢:~'~
BEFORE' ME, the undersigned Notary Public, on this day personally appeared
~',t~ A. (~_~/c¢,_ , known to me to be the person whose name is subscribed to the
foreC/oing instrument and acknowledged to me that he/she executed the same for. the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /dS DAY OF
J~.d ¢£ r~ ~ ~;._ ., A.D., 20 ¢.~¢_.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:.
STATE OF TEXAS §
COUNTY OF _~_£z~¢'~ §
¢) ' ~ ~E~F,ORE ME, the undersigned Notary Public, on this day personally appeared
/_.5~¢Z,f ~ , 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.
~. ~ ..~dlVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
.... A,D., 2 0.O__~.
NOTARY PUBLIC IN AND FOR THE '
STATE OF TEXAS
Printed Name:~_~-~/~/¢/¢ .~¢.n.'~'-~,c'/C-
My Commission Expires:_//9?/¢ ._
i~/!1/20~4 il: 26 28158~730~
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
KLOTZ ASSOOIATES
PAGE
116o Dairy Ashford
Sui~ 500
Ho~on, Texas 77079
(281 ) 589.7257
1281) 589-7309 Fax
emailC~oiz.com
November 10, 2004
Mr. Jerry Bums
D~rector of Public Works
City o£Pearland
3501 E. Orange Street
Pearland, Texas 77581
Rehabilitation of Lift Station No. 5
Klotz Associates Project No. 0218.026
Dear Mr. Bums:
Thank you for the opportunity to continue assisting the City with improvements with its
wastewater collection and. treatment system. The proposed project involves the rehabilitation
of existing Lift Station No. 5. Our engineering services proposal is presented below.
PROJ~ BACKGROUND
LiA Station No. 5 is located at 2915 A C. tr. een Tee Drive in. Pentland. It consists of an g-foot
diameter by 18 feet deep pre-cast concrete wet well and an adjacent dry well. Two Model
T4A-B Germ.an Rupp pumps equipped with 10 horsepower motors pump wastewater at an
estimated flow rate of about 775 gpm through aborn 1,250 feet of 10-inch diameter force
main. The lift station electrical control panel is located nearby.
The City intends to replace the wasteWater pumps and controls. While doing this, the City
intends to convert this lift station, to a submersible pump lift station to eliminate the need for
confined space entry. The existing wet well will be modified as necessary to accommodate
new submersible pumps and the existing dry well will be abandoned in place. New discharge
piping will. be partly above-grade to avoid a valve pit. The relatively new electrical control
panel will be reused, to the extent possible. The concrete top slab over the wet well will be
removed and replaced with one designed for the new function. The wet well interior surface
is uncoated concrete and will be cleaned and protected with a spoeialized coating material.
PROPOSED SCOPE OF BASIC ENGINEERING SERVICES
We will perform the fei. lowing engineering services:
Design Phase Services
I. Obtain and review plans and other information from the City for Lift Station. No.
5.
2. Obtain field .measurements and other information about existing site ¢ondition.s
that will be used to prepare a site plan for th.e construction drawings.
82/18
1!/11/2884 11:26 2815897309 KLOTZ ASSOCIATES PAGE 83/18
KLOTZ
ASSOCIATES,
INC.
C:DN~ULIIN~
Mr. Jerry Bums
November 1. O, 2004
Page 2
Develop a plan for bypass pumping that will allow the lift stalion to be removed
from. se.tv/ce during the rehabilitation project.
Prepare necessary plans and specifications for bidding and construction, including
an anticipated 9 plan sheets. We will incorporate the City's Lift Stat/ma
specification (15030) and wilt request art electronic copy of it. Draft plans and
specifications will bc provided for the City's review and approval, prior to
finalizing them.
Submit a copy of the final plans and spedfications to TCEQ as required by 30
TAC 317.
Respond to questions or comments from TCEQ.
Bidding Phase Services
1. Issue a notice-to-bidders and distribute to bid information services. (We have
assumed that the City will arrange and pay for au adve~sement in a local
newspaper.)
2. Print and sell copies of bid documents. (We have assumed up to a total of 10 bid.
sets will be printed for distribution to bidders and bid information services,)
3. Maintain a bidders list.
4. Conduct a pm-bid meeting.
5. Answer bidder's questions.
6. Issue addenda, as required.
7. Attend the bid opening.
8. Prepare bid tabulation.
9. Make a recommendation on award of the contract,
10. Issue anot/¢eofaward.
11. Prepare "conformed" contract documents, which include incorporation of
addenda.
2.
3.
4.
5.
Construction Phase Services
Co..nduct precol~,stmcfion meeting.
~ssUe not/ce-to-proceed.
Receive, review, and forward monthly pay requests to the City.
Respond to requests for information about the design,
Visit the site periodicalb, to observe the work and gather information, for
reviewing the contractor's pay request (two visits are anticipated).
6. Conduct a final inspection,
7, Prepare record drawings. Record drawings will be based on. drawing markups,
notes, etc, received from the Conteaetor. Klotz A**oclatcs will not perform any
field work in connection with this activity.
1~1/11/2004 11:26 2B15897309 KLOTZ ASSOOlATES PA~E 84/18
KLOTZ
ASSOCIATES,
INC.
CONSULTINC~
M_r, ferry Bums
November 10, 2004
Page 3
SCHEDULE
We expect to complete the design portion of this assignment within eight weeks of your
authorization.
PROJECT STAFF
James F. Neyens, P.E. will serve as Project Manager for this project, Frank J. Dillard, P.E.,
ofFrank J. Dillard & Associates, Inc., will be retained as our subconsultant to provide
electrical engineering services ou this project,
TERMS AND FEE
We propose to perform the required basic engineering services on a lump sum fee basis. Our
proposed fee is $34,800. This fee ~neludes both labor and reimbursable expenses to complete
this assi~raent as described in this proposal. The terms and conditions for this project are
c~.tained in the City's standard engineering agreement (attached), which will. be executed
£or this project.
CLOSING
We trust this proposal meets with your approval. Please sign the duplicate original
agreements enclosed, and return one to us.
Thank you £or this opportunity to once again serve ~.e City of Pearlmad. Please feel free to
call if you have any questions.
V~ry truly yours,
Ralph F,. Cox, P.E.
Crroup Mat~ager
REC:ng
ARa~hrnent