R2002-0019 01-28-02 RESOLUTION NO. R2002-19
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
ASSOCIATES, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH
THE REHABILITATION OF THE BARRY ROSE AND LONGWOOD
WASTEWATER TREATMENT PLANTS.
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
Associates, 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 Klotz Associates, Inc. for engineering
services associated with the rehabilitation of the Barry Rose and LongWood Wastewater
treatment plants.
PASSED,APPROVED and ADOPTED this the 28 day of January
A.D., 2002.
OSe--0
TOM REID
MAYOR
ATTEST:
•
Y UN F G
Y S CRETAR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
/4
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.
Consultant: Klotz Associates, Inc.
Description of Services: Rehabilitation of Barry Rose WWTP and Longwood WWTP
clarifier weirs
Maximum Contract Amount: $ 45,000.00
Contract Begins: Upon Execution
Contract Ends: Sixty days after issuance of the certification of completion of
construction by the engineer (estimated time for completion of plans, specifications and
estimates is March 24, 2002).
Attachments: 1) Scope of services
2) Project schedule
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. Progress payments may be requested by
Engineer based on the amount of services completed. Payment for the services of
Engineer shall be due and payable upon submission of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt 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 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 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
2
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) 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 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.
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
3
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.
4
EXECUTED and EFFECTIVE as of the day of , 20
CITY OF PEARLAND
By: , Engineer
By:
Printed Name:
Title:
Bill Eisen, City Manager
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
5
<LOTZ
ASSOCIATES,
I NC.
CQNSUITING
ENGINEERS
December 21, 2001
Mr. Jerry Burns
Public Works Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
1 160 Dairy Ashford
Suite 500
Houston, Texas 77079
(281) 589-7257
(281) 589-7309 Fax
email@klotz.com
Re: Rehabilitation of Barry Rose and Longwood WWTP Clarifier Weirs
Dear Mr. Burns:
Thank you for the opportunity to assist the City with design of replacement weirs for the
Barry Rose and Longwood WWTPs. Our engineering services proposal is presented below.
UNDERSTANDING OF PROJECT
The proposed project addresses replacement of the secondary clarifier weirs weir troughs,
and associated supports and appurtenances at the Barry Rose and Longwood WWTPs. The
Barry Rose WWTP clarifiers are 100-ft in diameter and the Longwood WWTP clarifiers are
70-ft in diameter. The existing weirs have deteriorated and can not be properly adjusted to
equalize flow through the clarifiers.
SCOPE OF ENGINEERING SERVICES
Design Phase
We will need information such as elevations of inlet and outlet structures, and certain
horizontal and vertical measurements Therefore, we propose to have the necessary data
obtained by C L Davis & Company. They will be our subconsultant.
During the early part of the design phase Klotz Associates will investigate the following:
•
Weir overflow rates and surface settling rates
Solids loadings
Compliance with TNRCC design regulations codified in 30 TAC § 317
We will also investigate alternative solutions such as single or double weir arrangements,
Stamford baffles, tube settlers and the like. The foregoing investigations and
recommendations will be summarized in a design memorandum. At that point, we will meet
with the City to obtain direction regarding the preferred solution.
KLOTZ
ASSOCIATES,
INC.
CON 5 U l T I N G
ENGINEERS
Mr. Jerry Burns
City of Pearland
December 21, 2001
Page 2 of 3
After approval of the design memorandum, preliminary drawings will be prepared and
reviewed with City.
Design drawings, specifications, and a cost estimate will be submitted to the City at the pre
final milestone for review and comment.
Bid Phase
Klotz Associates will prepare an Invitation to Bidders and submit that to the City for
advertising. The City will arrange for and pay for the advertisement in a local newspaper.
We will distribute bid documents to prospective bidders, answer contractor requests for
information, and prepare addenda as required. We will attend the bid opening, evaluate the
bids, and provide recommendations to the City for award of contract.
Construction Phase
Klotz Associates will process contractor submittals requests for infouniation and pay
requests. Our proposed construction phase budget allows for three site visits to observe
contractor performance and meet with Pearland staff to discuss any issues that require
attention by the contractor and/or engineer. We will conduct pre -final and final walls
throughs to verify general compliance with the contract requirements.
SCHEDULE
The proposed schedule for the project is attached.
TERMS
We propose to perform the required basic engineering services on a lump sum basis. We
further propose to perform these services under the terms of the City's Standard Agreement
for Engineering Services. Two signed copies of the contract are attached.
KLOTZ
ASSOCIATES,
INC.
CONSULTING
ENGINEERS
Mr Jerry Burns
City of Pearland
December 21, 2001
Page 3 of 3
FEE
Our fees are summarized below. The fees include the cost of the proposed surveying
discussed above The engineering services fee is based on the assumption that the City will
provide an AutoCAD file of the project areas.
Activities
Fees
Design
Phase
$31,900.
Bid
Phase
$ 5,700.
Construction
Phase
$
7,400.
Total
$45,000.
Note: Spreadsheets showing manhour calculations for the above fees are attached.
PROJECT STAFF
Mr. Jim Neyens will serve as Project Manager for this Project and the undersigned will serve
as Principal -in -Charge.
Thank you for this opportunity to serve the City of Pearland. Please call if you have any
questions.
Very truly yours,
Larry F. Smalley, P E
Manager
Public Utilities Division
LFS:ng
Attachments
cc: Mr. Alan R. Mueller, Deputy City Manager
Mr. John W. Hargrove, P E , City Engineer
17A/1.22'2002 08:18 281-589-7309
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